The Relationship Between Positive Law and Islamic Jurisprudence - Problems and Solutions A Comparative Study

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Kamil Gati'e Ghintab Aldarraji

Abstract

This research studies the relationship between Islamic jurisprudence and positive law, and proceeds from reality to evaluate the position of one towards the other. In this field, it sees that the relationship between jurisprudence and law is a thorny one, tainted by differences, intersections and conflicts, and that despite the clarity of this, we have not found serious attempts to bring viewpoints closer together, or to eliminate the differences that cause people to become uneasy, and the loss of their interests and rights, as neither party has held a conference, symposium or workshop, or presented a study to diagnose the causes and develop solutions.


The research identifies that the reason for the difference is actually due to the adoption by some jurists and legal experts of ideas that are opposed to the other party, which represents its intellectual and philosophical vision. Some jurists adopt ideas that deprive the legitimacy of positive law, and some legal experts believe in ideas that deny reliance on Islamic jurisprudence in the process of positive codification. These ideas of both parties represent complexities, obstacles, and impediments that prevent the convergence of jurisprudence and law, and negatively affect the lives of people, individuals and groups.


Then the research discusses the justifications of both parties - after diagnosing them - and concludes from that that they are not suitable for anything that they have arranged for them, and that each party needs to reconsider its position towards the other, especially with the existence of intellectual foundations for rapprochement with the other, as Islamic jurisprudence does not oppose the law in an absolute manner, nor does the law reject Islamic jurisprudence in a complete manner, as each of them has a great capacity for openness to the other, accepting it and harmonizing with it

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How to Cite
Gati’e Ghintab Aldarraji ك. (2025). The Relationship Between Positive Law and Islamic Jurisprudence - Problems and Solutions A Comparative Study. MIsan Journal of Comparative Legal Studies, 1(13), 596–620. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/466
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