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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Judicial systems in the Near and Middle East: evolutionary development and Islamic revival
Author:Liebesny, Herbert J.
Periodical:Middle East Journal
Geographic term:Middle East
Subjects:Islamic movements
legal reform
Islamic law
External link:http://search.proquest.com/pao/docview/1290826062
Abstract:One of the present-day phenomena in the Islamic world is political pressure for a return to a strict application of Islamic principles in legislation and judicial practice. In Iran and Pakistan the dominant political leadership, whether military or clerical, has espoused this trend and given it a constitutional foundation. In other countries such as Egypt, no basic changes have been made in the legal and judicial system to date. In a thrid set of countries, notably Saudi Arabia and Afghanistan before the communist coup, a dichotomy develped, witch shari'a courts applying religious law and special commissions or courts applying statutory rules enacted to meet the demands of modern times. This article discusses these dominant trends in legal development, assessing the mergence of comprehensive codifications, the changing role of the Islamic jurist, the mufti, and the impact, if any, of Islamic fundamentalism on the legal system. A special section discusses developments in Egypt. Notes.