FIQH as a Source of Contemporary Law in Arab Countries

Abstract

This article studies the role of Islamic legal doctrine (Fiqh) as a source of contemporary law in Arab countries. The continuing Islamization of their legal systems includes the codification of Fiqh, which has acquired the role of the material (historic) source of law. Fiqh also plays the role of the official (judicial) source of contemporary law in Arab countries. In Saudi Arabia, it is still the primary source of law. Fiqh plays an active role as a subsidiary source of contemporary law, above of all, in private law.

Keywords: Fiqh, Sharia, material source of law, judicial source of law, subsidiary source of law, codification, legal system

JEL Classification: K 10; K 40