Judicial System

Judicial System in Saudi Arabia
States of America. For example, the same legal case may
be adjudicated in New York state in a manner quite different
from California.
What are the Reasons for Non-Codification? Is
Codification Possible?
Is codification possible? Would it be possible to obligate
judges to apply codified laws? The answer largely depends
on differentiation between codification and recording.
Codification in this context means writing Fiqh (i.e.
Islamic jurisprudence) in the same way you draft laws
clauses/ sections – there is a wide difference between
drafting laws and writing Fiqh rules. The Fiqh that we want
to write down is composed of real and hypothetical issues
and each issue is different from the other with respect to its
evidence in the Holy Quran, Sunnah, Ijmaa, Qiyyas, Istishab
and custom or any of the other sources. All these issues are
of descriptive nature. The relationship between these issues
and Fiqh rule i.e. Fiqh issues precede in existence Fiqh rules,
and most minor Fiqh rules have no independent evidence;
their value is predicated on the issue they tackle, so Fiqh rules
are not general in nature, but bear particular features that
assist scholars to apply them to single issues; however, they
may not apply to new problems only through Qiyyas with
another settled issue/ problem. This method in formulating
provisions of Fiqh makes it responsive to peoples’ needs and
problems.
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