Islamic Law as Important Source of Law

Islamic law, also known as Sharia, is considered an important source of law in many predominantly Muslim-majority countries. It holds significance as a primary or secondary source of legislation and legal principles in these jurisdictions.

Constitutional recognition: In some countries, the constitution explicitly recognises Islam as the state religion and establishes Sharia as a fundamental source of legislation. The constitution may provide a framework for incorporating Islamic law into the legal system and outline the relationship between religious law and civil law.

Family and personal status matters: Islamic law has a particularly significant influence on family law and personal status matters in many Muslim-majority countries. Issues such as marriage, divorce, child custody, inheritance, and guardianship are often regulated by Islamic legal principles. Family courts or Sharia courts are established to handle these matters.

Codification of Islamic law: Some countries have developed comprehensive legal codes that codify Islamic law principles in specific areas. These codes draw from interpretations of Sharia and provide a framework for the application of Islamic legal principles in a consistent and standardised manner.

Judicial interpretation: Courts in Muslim-majority countries may interpret and apply Islamic law principles in their legal reasoning and decision-making. Judges with expertise in Islamic jurisprudence play a significant role in applying Sharia-based legal principles in cases falling under Islamic law.

Legal pluralism: In some jurisdictions, Islamic law coexists with other legal systems, such as civil law or common law. Legal pluralism allows individuals to choose between different legal systems for matters related to personal status or religious affairs. Islamic law may have limited application in specific areas or may be applied within the framework of religious or personal status laws.

Constitutional review: In countries with a constitutional court or judicial review mechanism, the compatibility of legislation with Islamic law principles may be subject to constitutional scrutiny. Constitutional courts ensure that laws and regulations do not contradict the principles of Sharia as enshrined in the constitution.

Influence on international law: Islamic legal principles and concepts have also influenced certain areas of international law. For example, Islamic finance, which operates based on Sharia principles, has gained recognition and influence in global financial markets. Additionally, discussions on human rights and Islamic law have led to debates on the compatibility between universal human rights standards and Islamic legal principles.

The interpretation and application of Islamic law can vary among different schools of Islamic jurisprudence and legal systems. The extent to which Islamic law influences the legal system depends on the specific constitutional framework, historical context, and societal factors of each country.
Back to blog
UOL Case Bank

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Yale University
Council of Europe
Baker Mckenzie 
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.