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The status of Muslim Personal Law in Muslim countries |
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The diversity of MPL legislation among Muslim countries can only imply that any other MPL formats will also have its unique features or areas of divergence. The divergence emanates from juridical differences among Islamic scholars, the mazhab or Islamic legal format adopted by most of the citizens or imposed by the State as well as due to the influences of the secular legal system that is applied in that country. We require to amalgamate the best aspects of these codifications as well as assure that all non-Shari'ah compliant aspects are eliminated. The most important and distinguishing feature of an MPL structure ought to be found in relating each article and clause of such a system to a valid argument, principle and rule of the Jurists of Islamic Law. Any failure in this regard, will allow the law to extend at the free will of human reason and deny the codification to have a real relation to Allah and His divine law. Perhaps, though late, we as South Africans can be most fortunate to have a base of wide experience from Muslim countries, yet we tread on the dangers of conflict between Islam and the constitutional or other frameworks of secular law and the inherent legal need for juridical review which eternally remains a variable in law. Ustaaz, Ahmed Fazel Ebrahim |
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Middle East Africa Mauritania Asia Turkey S.East Asia
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 Correspond to foreign Muslim countries on their divergence from Shari'ah |
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Strive to keep MPL pure |