26 March 2008

The Islamic Shariah as universal legal system

The International Conference of the Presidents of the Supreme Courts that concluded in Abu Dhabi on Monday was hailed by the international participants, saying it was a huge success.

The concluding day focused on the justice delivery and challenges of the 21st century and Islamic Shariah as a legal system coexisting with other legal systems around the world.

Different judges and legal experts who attended the conference said they had benefited from the conference.

The conference also discussed the Shariah as a universal legal system juxtaposed with other legal systems of the world.

Dr Abdel Wahab Abdool, President of the Federal Supreme Court of the UAE, said, “Different religions, faiths, beliefs, creeds, schools and opinions among people lead to the different laws controlling the social behaviour of individuals within or outside their society and country.

“It is noteworthy that the establishment of domestic and international security, stability and peace is one of the objectives of any legislation which can’t be realised unless the relation among different legal systems is seen as a relation of juxtaposition, regardless of their differences in general bases, characteristics, sources or means of enforcement.”

Dr Abdool clarified some concepts of the Shariah and pointed out the scope of combining it with other great legal systems in the world.

“With its overall bases and general legal principles derived from Islam, the Shariah finds detailed legal solutions for all problems of everyday life just as any other legal system. It is therefore a truly independent legal system,” Dr Abdool concluded.

Muhammad Samid Al Raqqad, President of the Court of Cassation and President of the Judicial Council of Jordan, said it was important to develop common standards for universal rights.

Jalal Al Din Muhamad Uthman, Chief Justice of the Supreme Court of Sudan, described the Shariah as a universal legal system.

Abdul Aziz Al Yaqobi, Judge, Judiciary Department, Emirate of Abu Dhabi, presented a comprehensive research paper on the ‘Protection of the Sanctity of Privacy in Shariah and Comparative Law. Al Yaqobi explained the concept of sanctity of privacy and the special laws to guarantee its protection in the Shariah and other legal systems. Source

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