A Comparative Study of Shi’a Public Shari’a Law and Sunni Public Shari’a Law (Administrative Law and Governance in Islam)

Abstract

Public law notions seen from shari’a law perspective have not been duly discussed in Islamic countries. In the discourse of rule of law in Islam we are confronted with a dilemma , moral values of a religion are not compatible with the coercive legislative measures . Thus the authentic application of shari’a rules is feasible only if a scientific hermeneutic of shari’a law is adapted to the exigencies of today’s modern life, while the outlook on the boundaries of hermeneutic remains obscure. Regarding the public finance in Islam and State owned banking system, in many Islamic countries both Shi’a concept banks and Sunni concept banks, while prohibiting usury have worked out a well established shari’a law compliant loan system in favor of the customers. Also economic democracy from shari’a law point of view finds its way through other means provided in shari’a rules (Shi’a or Sunni). The notion of an Islamic administrative law is rather misperceived. The actual polemic on governance and administrative law in Islam is considered as being an outcome of the conflict between shari’a based concepts and notions asserted by faquihs and jurists and the legal practices and usages of Islamic States since the expansion of Islamic territories (700 AD).