Maurizio Oliviero

The role of comparative law in studying islamic law and the law of islamic countries

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Abstract

The article focuses on the role of comparative law in the field of Islamic law studies. By analyzing the historical development of Islamic law, the Author highlights a need for a definitional approach that more aptly takes into account Islamic law as a legal subject. The investigation of the concepts of sharī'a, fiqh, iǧtihād and qānun allows for Islamic law and the law of Islamic countries to be studied from a dynamic perspective. This investigation also has the ultimate aim of proposing a definition of "Islamic law".

Keywords

  • Comparative Law
  • Islamic Law
  • Law of Islamic Countries
  • Sources of Law
  • Sharī
  • 'a
  • Fiqh
  • tihā
  • d
  • nun

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