The article examines the inclusion of the principles of Islamic Shari'ah in Egyptian legislation, highlighting the confusion between Shari'ah and Fiqh (Islamic jurisprudence). It analyzes how Shari'ah, originally understood as "path" or "way," has been reinterpreted to include legal and jurisprudential regulations. The author criticizes the ambiguous use of the term "principles of Islamic Shari'ah" in Egyptian legislation, emphasizing the negative consequences of this confusion. The article concludes that the call for the codification of Shari'ah actually implies the codification of Fiqh, leading to potential conflicts and misunderstandings in Egyptian society.
Eissa, F. W., Shari'ah, Fiqh and Egyptian Law, <<GIORNALE DI STORIA COSTITUZIONALE>>, 2005; (10): 51-57 [https://hdl.handle.net/10807/117508]
Shari'ah, Fiqh and Egyptian Law
Eissa, Farouq Wael
2005
Abstract
The article examines the inclusion of the principles of Islamic Shari'ah in Egyptian legislation, highlighting the confusion between Shari'ah and Fiqh (Islamic jurisprudence). It analyzes how Shari'ah, originally understood as "path" or "way," has been reinterpreted to include legal and jurisprudential regulations. The author criticizes the ambiguous use of the term "principles of Islamic Shari'ah" in Egyptian legislation, emphasizing the negative consequences of this confusion. The article concludes that the call for the codification of Shari'ah actually implies the codification of Fiqh, leading to potential conflicts and misunderstandings in Egyptian society.
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