page_title: Sharia
section_title: Nation states
hierarchical_section_title: Sharia / Modern legal reforms / Nation states
caption_attribution_description: English: Picture of a Grand Moufti.
context_page_description: Sharia, Islamic law, or redundantly Sharia law, is a religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, particularly the Quran and the hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and is contrasted with fiqh, which refers to its human scholarly interpretations. The manner of its application in modern times has been a subject of dispute between Muslim fundamentalists and modernists.
  Traditional theory of Islamic jurisprudence recognizes four sources of Sharia: the Quran, sunnah, qiyas, and ijma. Different legal schools—of which the most prominent are Hanafi, Maliki, Shafi'i, Hanbali and Jafari—developed methodologies for deriving Sharia rulings from scriptural sources using a process known as ijtihad. Traditional jurisprudence distinguishes two principal branches of law, ʿibādāt and muʿāmalāt, which together comprise a wide range of topics. Its rulings are concerned with ethical standards as much as with legal norms, assigning actions to one of five categories: mandatory, recommended, neutral, abhorred, and prohibited.
context_section_description: Westernization of legal institutions and expansion of state control in all areas of law, which began during the colonial era, continued in nation-states of the Muslim world. Sharia courts at first continued to exist alongside state courts as in earlier times, but the doctrine that sultanic courts should implement the ideals of Sharia was gradually replaced by legal norms imported from Europe. Court procedures were also brought in line with European practice. Though the Islamic terms qadi and mahkama (qadi's/Sharia court) were preserved, they generally came to mean judge and court in the Western sense. While in the traditional Sharia court all parties represented themselves, in modern courts they are represented by professional lawyers educated in Western-style law schools, and the verdicts are subject to review in an appeals court. In the 20th century, most countries abolished a parallel system of Sharia courts and brought all cases under a national civil court system.
  In most Muslim-majority countries, traditional rules of classical fiqh have been largely preserved only in family law. In some countries religious minorities such as Christians or Shia Muslims have been subject to separate systems of family laws. Many Muslims today believe that contemporary Sharia-based laws are an authentic representation of the pre-modern legal tradition. In reality, they generally represent the result of extensive legal reforms made in the modern era. As traditional Islamic jurists lost their role as authoritative interpreters of the laws applied in courts, these laws were codified by legislators and administered by state systems which employed a number of devices to effect changes, including:
  Selection of alternative opinions from traditional legal literature (takhayyur), potentially among  multiple madhhabs or denominations, and combining parts of different rulings (talfiq).
  Appeal to the classical doctrines of necessity (darura), public interest (maslaha), and the objectives (maqasid) of Sharia, which played a limited role in classical fiqh, but were now given wider utilitarian applications.
  Changes in administrative law that grant the courts discretionary powers to restrict certain practices which are not forbidden by substantive law (e.g., polygamy), in some cases imposing penal sanctions as additional deterrence.
  Modernist interpretation of Islamic scriptures without adherence to the rules or methodologies of traditional jurisprudence, known as neo-ijtihad.
  The most powerful influence on liberal reformist thought came from the work of the Egyptian Islamic scholar Muhammad ʿAbduh (1849–1905). Abduh viewed only Sharia rules pertaining to religious rituals as inflexible, and argued that the other Islamic laws should be adapted based on changing circumstances in consideration of social well-being. Following precedents of earlier Islamic thinkers, he advocated restoring Islam to its original purity by  returning to the Quran and the sunna instead of following the medieval schools of jurisprudence. He championed a creative approach to ijtihad that involved direct interpretation of scriptures as well as the methods of takhayyur and talfiq.
  One of the most influential figures in modern legal reforms was the Egyptian legal scholar Abd El-Razzak El-Sanhuri (1895–1971), who possessed expertise in both Islamic and Western law. Sanhuri argued that reviving Islamic legal heritage in a way that served the needs of contemporary society required its analysis in light of the modern science of comparative law. He drafted the civil codes of Egypt (1949) and Iraq (1951) based on a variety of sources, including classical fiqh, European laws, existing Arab and Turkish codes, and the history of local court decisions. Sanhuri's Egyptian code incorporated few classical Sharia rules, but he drew on traditional jurisprudence more frequently for the Iraqi code. Sanhuri's codes were subsequently adopted in some form by most Arab countries.
  Aside from the radical reforms of Islamic family law carried out in Tunisia (1956) and Iran (1967), governments often pref
caption: Muhammad Abduh exercised a powerful influence on liberal reformist thought
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