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Islamic Law in Saudi Arabia
Series: - Studies in Islamic Law and Society, Volume: 56
Author:
This book provides an in-depth exploration of the Saudi judiciary in the 21st century. Drawing on interviews with leading members of the Saudi judiciary, seldom-seen legal literature and court judgments, the author addresses two main questions: First, what is the Saudi jurists’ understanding of an Islamic judiciary? And second, how is this understanding reflected in the Saudi legal system, its laws, its institutions, and court practices?
Dominik Krell is a Leverhulme Early Career Fellow at the University of Oxford and trained in law, social anthropology, and Islamic studies. His interdisciplinary research focuses on the application of Islamic law in the contemporary world.
Acknowledgements
On the Translations, the Transliteration, and the Calendar
Introduction
1 The Foundations of the Saudi Legal System
1 Introduction
2 The Doctrine of Siyāsa Sharʿiyya
3 Siyāsa Sharʿiyya in the Saudi Legal Discourse
4 The Expression of the Doctrine in the Saudi Legal System
5 The Structure of the Saudi Court System
6 Conclusion
2 Ibn ʿAbd al-Wahhāb, Salafī Islam, and the Saudi Judiciary
1 Introduction
2 Wahhābism and Salafism
3 Law in Wahhābī and Salafī Thought
4 The Debate on Ijtihād
5 The Saudi Judiciary and the Ḥanbalī School
6 Conclusion
3 The Dilemma of Codified Law
1 Introduction
2 The Codification of Islamic Law
3 The Problem of Binding Rules
4 New Understandings of Legal Certainty
5 Conclusion
4 Narrowing the Gate of ijtihād
1 Introduction
2 The Institutionalization of the Prevailing Practice
3 The Extension of the Appeal Court System
4 Conclusion
5 Ijtihād in Court
1 Introduction
2 Child Custody in Islamic Jurisprudence
3 Ijtihād in Practice
4 Conclusion
6 Legal Reform beyond the State
1 Introduction
2 The First Example: the Reinterpretation of Ḥirāba
3 The Second Example: the Reform of Khulʿ Divorce
4 Conclusion
7 What Happens When Islamic Law Is Codified
1 Introduction
2 How the New Code Came into Being
3 Is There Anything New in the 2022 Family Code?
4 The Enduring Influence of Tribal Affiliation
5 Conclusion
Conclusion
Bibliography
Index
On the Translations, the Transliteration, and the Calendar
Introduction
1 The Foundations of the Saudi Legal System
1 Introduction
2 The Doctrine of Siyāsa Sharʿiyya
3 Siyāsa Sharʿiyya in the Saudi Legal Discourse
4 The Expression of the Doctrine in the Saudi Legal System
5 The Structure of the Saudi Court System
6 Conclusion
2 Ibn ʿAbd al-Wahhāb, Salafī Islam, and the Saudi Judiciary
1 Introduction
2 Wahhābism and Salafism
3 Law in Wahhābī and Salafī Thought
4 The Debate on Ijtihād
5 The Saudi Judiciary and the Ḥanbalī School
6 Conclusion
3 The Dilemma of Codified Law
1 Introduction
2 The Codification of Islamic Law
3 The Problem of Binding Rules
4 New Understandings of Legal Certainty
5 Conclusion
4 Narrowing the Gate of ijtihād
1 Introduction
2 The Institutionalization of the Prevailing Practice
3 The Extension of the Appeal Court System
4 Conclusion
5 Ijtihād in Court
1 Introduction
2 Child Custody in Islamic Jurisprudence
3 Ijtihād in Practice
4 Conclusion
6 Legal Reform beyond the State
1 Introduction
2 The First Example: the Reinterpretation of Ḥirāba
3 The Second Example: the Reform of Khulʿ Divorce
4 Conclusion
7 What Happens When Islamic Law Is Codified
1 Introduction
2 How the New Code Came into Being
3 Is There Anything New in the 2022 Family Code?
4 The Enduring Influence of Tribal Affiliation
5 Conclusion
Conclusion
Bibliography
Index
Academics and the libraries that serve them; students in Middle Eastern studies, social anthropology, and comparative law; legal practitioners who deal with Saudi law; and human rights organisations and journalists.