seemeyer wrote:Western jurisprudence owes the canon (Qaynuun) of common law to Islam
And in paticular to Shafi'i Risala: Treatise on the Foundations of Islamic Jurisprudence
Now here they are telling us Islamic law cannot be applied this day and age
Subhannallah
Seemeyer,
I am not trying to rub this in so much as clarify the issue for myself. This is what I find:
http://www.bokus.com/bok/9780946621156/ ... is-risala/ The treatise was written in the eighth century and the Ottomans clearly did not find it suitable for administrative purposes.
Common law developed in England during the Middle Ages, that is, before the Crusades. It is based on precedent, and has no Islamic content.
http://www.britannica.com/EBchecked/top ... common-law
Civil Law mostly has a Roman origination and is the basis for most of the Ottoman Qaynuun, which was a continuation of the Byzantine code, or "canon" (list) of laws.
http://en.wikipedia.org/wiki/Civil_law_ ... _system%29 Compare the Code of Justinian:
http://orthodoxwiki.org/Code_of_Justinian
"Canon Law" relates only to the Church. (Answers,com)
Here are examples, in Nigeria and Indonesia, of attempts to harmonize Shariah with Civil Law in countries with multiple religious groups, such as under the Ottomans:
http://iium.academia.edu/BasheerAdamuAl ... Experience.
Here's where Shariah stands today:
Wiki:
"The legal systems in 21st century Muslim majority states can be classified as follows:
Sharia in the secular Muslim states: Muslim countries such as Mali, Kazakhstan and Turkey have declared themselves to be secular. Here, religious interference in state affairs, law and politics is prohibited.[37] In these Muslim countries, as well as the secular West, the role of sharia is limited to personal and family matters.
The Nigerian legal system is based on English Common Law and the constitution guarantees freedom of religion and separation of church and State. However eleven northern states have adopted sharia law for those who practice the Muslim religion.[38]
Muslim states with blended sources of law: Muslim countries including Pakistan, Indonesia, Afghanistan, Egypt, Sudan, Morocco and Malaysia have legal systems strongly influenced by sharia, but also cede ultimate authority to their constitutions and the rule of law. These countries conduct democratic elections, although some are also under the influence of authoritarian leaders. In these countries, politicians and jurists make law, rather than religious scholars. Most of these countries have modernized their laws and now have legal systems with significant differences when compared to classical sharia.[39]
Muslim states using classical sharia: Saudi Arabia and some of the Gulf states do not have constitutions or legislatures. Their rulers have limited authority to change laws, since they are based on sharia as it is interpreted by their religious scholars. Iran shares some of these characteristics, but also has a parliament that legislates in a manner consistent with sharia.[40]"
We are all familiar with KSA. The interesting thing here is that the king appears ready to issue new legislation with regards to the rights of women. This could get interesting.......
(I had too many URLs to post. Search some topics if you need links.)