Shari’a and Modernization: Historical and Social Approaches on the Implementation and Codification of Sharia

The Arab countries have lived under Islamic rule for many decades, and since their conquest, their people have been abide to the Sharia represented by the Qur’an and the Sunnah and the provisions that were derived from its using the principles of jurisprudence, its controls, and its overall rules set by Muslim jurists who inspired the solutions from their precedents, the precedents of their ancestors, and from Similarities and isotopes, if they did not find what they need In the Book of God and the Sunnah of His ProphePBUH. They have exerted so much effort in this respect, and have classified in the fundamentals of litigation, judgements and proceedings what all previous nations have been unable to come up with. They proceeded in rooting theories that contemporary jurists boast of rooting and mention its in their books. They become great to the extent that they were a reference for Europeans in human rights issues and legal dilemmas as they Freak out whenever needed to find the final word on what matters to and preoccupies them among Muslims.

All in all,, Islamic Shari’a was the main and only source of rulings for more than a 1,300 years until the end of the last century when foreign influence increased, which aimed at excluding Shari’a and changing the social structure of the nation.Mixed courts were established, Shari’a courts were abolished, and laws were derived from an illegal foreign source that was not related to the country’s Islamic affiliation nor its cultural and social characteristics that defined the country’s autonomy and Islamic identity. This book discusses the issue of Shari’a legalization and modernization at the end of the Ottoman Caliphate and how the legal status of the Arab countries, especially Egypt, moved from the governance of Shari’a to the rule of laws and attempts that were made to legalize and revive Shari’a during the 20th century.