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Qawāʿid fiqhiyya

The Codification of Islamic Juridical Principles (Qawāʿid Fiqhiyya): A Historical Outline

Editor

Azarmidukht Faridani

Publisher

Hikmat

Edition Number

Vol. 1, No 1.

Publication Year

1995 AH

Publisher Location

Tehran

The Codification of Islamic Juridical Principles (Qawā'id Fiqhīyyah):

A Historīcal Outline

Muṣṭafā Muḥaqqiq Dāmād

Translated from the Persian by Āzarmidukht M. Farīdanī

A close examination of the system of law in Islam proves that this system meets all the essential qualifications required to constitute a "legal system." This can be readily established by tendering an exact definition of what, strictly speaking, makes up a "legal system" and by studying its qualities and elements.

There is some difference of opinion among jurists regarding the definition of a "legal system." For example, in the following passage it is defined as:

The structure of any functioning body of law, which reflects the inner unity and coherence of the juridical norms composing the body of law which expresses the division of the norms into com-

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