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Sharīah And Civil Law: Towards A Methodology Of Harmonization

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In this essay I propose a new methodology for the harmonization of Sharīah, based mainly on my experience teaching and researching Islamic jurisprudence over the past two decades. This is a new area of research that requires further elaboration and development. Inasmuch as I seek to provide criteria and guidelines for further development, the proposed methodology, of necessity, is open to scrutiny and refinement. The essay is presented in two parts. In Part I, I examine the meaning of harmonization both as a concept and as a method that seeks to bring greater coordination and consonance between the Sharīah and civil law. In Part II, I articulate a set of methodological guidelines to stimulate future contributions to the subject. The two sections are inter-related and both are concerned with articulating a methodology for the proposed area of research.

Affiliations: 1: International Institute of Islamic Thought & Civilisation, 205A, Jalan Damansara, 59100 Kuala Lumpur, Malaysia


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