Prof Mohammad Arfan Alkhatib
Professor of Civil Law, Law Department,
Ahmad bin Mohammad Military College,
Doha, State of Qatar

Abstract:

With an open intellectual vision, we addressed in this research a fundamental question: Where is the position of the Islamic legislative system within the “Arab” legal system? Through this vision, we attempt to provide an analytical legal reading of the various proposals and questions raised about the revival of Islamic law within this system by focusing on what can be considered the factors of advancement in this “Islamic” system, whether in its purely source dimension, or its ability to absorb the various variables surrounding this system. The system stressed that returning this legislative system to its “Islamic” dimension requires the necessity of directing the compass in this system, both legislatively and academically, towards the Islamic dimension. And rereading the evolutionary role of Sharia law in building Islamic law, whether by rereading Islamic Sharia itself, or by re-adapting the considerations that carry the development of this Sharia.
Let us conclude from all of this that the legislative system that suits us and expresses us is Islamic in origin, and that the latter is capable of being the origin, not the alternative, to the Arab legislative system, which does not represent us, even if it comes close to us. A conclusion, which may not have been new except in analysis and subtraction, added to the jurisprudential writings of many engaged in scientific jihad, who hope that their research shields will constitute an incentive for the academic and research transition from dispersed intellectual revival to disciplined intellectual revival, and an impetus for the institutional and executive transition of the decision maker from propaganda political recognition to responsible political recognition, so that the right in this system becomes a settled issue in both the societal and political conscience.
It is a wish; we hope that God will grant it a political and societal will that will realize it sooner rather than later. In the meantime, we academics, as part of our enlightenment renaissance mission, must prepare our students with legal and Sharia-based preparation, enabling them to transform these academic truths into societal truths, which will accelerate their conversion into official truths. We are entrusted with who tomorrow will be the jurist, the judge, and the legislator.
Keywords: Islamic law, sources of law, sources of Sharia, Islamic law, Islamic Fiqh, Comparative law, Academic doctrine, and Legal doctrine.

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