Islamic Law in the Modern Legal Systems of Muslim Countries: From Legal Doctrine to Legislation

Abstract

When Islamic law had been formed during centuries it was developing within different schools of Islamic legal doctrine which played role of its main source. The sphere of Islamic legal norms implementation was limited by local customs, legal traditions of nonmuslims, positive legislation and European law according to “capitulations treaties.

In 19-th century political and legal reforms changed deeply the role of Islamic law as well as its relations with state and positive legislation. At present Islamic law is still one of main elements of legal systems of Muslim countries. In some of them it plays the leading role while in others it is subordinate to positive legislation based on European legal patterns. Now the contemporary Islamic law has already emerged. It differs from the traditional Islamic law, its form and contents. The positive Islamic legislation is the most specific feature of the contemporary Islamic law.