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Ulama[Note 1. The learned of Islam, those who possess the quality ...] in Islamic Law‐Making and Adjudication in Contemporary Egypt
Author(s) -
Alaoudh Abdullah
Publication year - 2017
Publication title -
digest of middle east studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.225
H-Index - 10
eISSN - 1949-3606
pISSN - 1060-4367
DOI - 10.1111/dome.12121
Subject(s) - legislature , law , islam , adjudication , political science , sharia , jurisprudence , islamization , legislation , authoritarianism , autocracy , democracy , politics , history , archaeology
Abstract The article examines the legislative and judicial tasks of Islamic jurists and how they carried it out in constitutional or general legal structure. While the Pakistani experiment was inspired by the Iranian model of jurists' involvement in legislatures, Egypt took a different path by not recognizing any official role for Islamic jurists with ambiguous recognition of Islamic jurisprudence. The legislative role could take the form of incorporating Islamic jurists into the legislature, establishing a committee partially made up of Islamic jurists, or handing over some legislative task to an Islamic jurisprudential institution. Despite the fact that Islamization was intended to respond to the people's requests, it employed autocratic and authoritarian mechanisms. The project attempted to replace the typical class of socially recognized jurists with appointed committees entrusted with Islamic codification. The experiment was challenged for its operation and its Islamicity but never introduced Shari'a courts or Islamic clerical legislation.