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Published by: AliHussnainBhalli on Oct 01, 2012
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05/13/2014

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LA TROBE UNIVERSITY, MELBOURNE
CONTEMPORARY LEGALTRENDS IN MUSLIM WORLD
 
Presented to
Professor REETA VERMA
By
Ali Hussnain Bhalli
 Student ID. 17318717
840 words
 
CONTEMPORARY LEGAL TRENDS IN MUSLIM WORLDIntroduction:
This lecture was part of series of five lectures delivered by Sir J.N.D. Anderson in 1959.The lectures were compiled under the head of
“Islamic Law in the Modern World”
.To give an idea about the contemporary trends in the Muslim world Mr. Andersondivides Muslim World in three groups:1. Those that still regard the Shari ‘a as the fundamental law and still apply it moreor less in its entirety; He had given the examples of Saudi Arabia and NorthernRegion of Nigeria, who regard Sharia as governing every aspect of life. But areincorporating the western and modern trends to cope with the problems oftoday’s time. He elaborate his point with following examples;Setting up of Council of Merchants in Jidda to settle disputes regardingcommercial transaction according to the principles of the Ottoman commercialCode of 1850, which according to many scholars is more western in nature ratherthan Islamic and drafting of new Taxation system that the Kingdom on the linesof American taxation system.2. Those who have abandoned the Shari ‘a and have substituted a wholly secularlaw; for this group he had given the example of Turkey, which according to hisclassification has abandoned the Sharia principles and adopted more secularsystem and he give examples of their Civil Codes regarding the personal matterslike Marriage and banishment of polygamy in Turkey as Turkey adopted theSwiss Code in 1926.
 
3. Thirdly those who have reached some compromise between these two positions.And discussing that third group he quotes the example Egypt, Sudan, Lebanon,Jordan, Tunisia and Morocco- which has taken the Middle path between the twoextremes of retaining Islamic law, nominally at least, in its entirety and abandoning it,officially at least.While discussing the Contemporary trends in Muslim World Mr. Anderson alsoindulge in the debate of compatibility of Islamic Law in Modern time and giving anopinion on the non-compatibility of Islamic laws in modern times.While reading the lecture I am of the view that while giving the lecture Mr. Andersonignored the following points:First in 1959 that was the era when most of the Islamic countries were gaining or justgained their independence from the colonial occupation, and in that event thecolonial rules effects and legacy was clearly visible.Secondly Mr. Anderson’s approach to Islamic law as rigid and its un compatibilitywith modern time is wrong, as Islamic is not rigid in any sense you apply. This factcan be established when we look in to the principle of Mubah.“Which is in its general sense states that anything or any act that is not expresslyprohibited or considered abominable by the Sharia is permissible”.Thirdly Mr. Anderson talked of Western system as the superior and best availableand thinks it off as a system which totally evolved in west. But here he is wrong. As

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