Islamic Law Reform: Rehabilitation, Human Rights, and Modern Legal Integration

15th April, 2025 - 11:51 am Categories: News & Updates 0 Comments

The reform of prisons and rehabilitation has been treated from modern perspectives in Islamic law. Rehabilitation and penitence-types morality are mixed and matched with present-day practices in correctional systems. The Muslim world has embraced some rehabilitation programs modeled along Islamic lines but considers modern psychological and social work techniques as adjuncts.

The stages of development followed in the integration between Islamic criminal law and international human rights. Modern theorists have been stressing finding compatibility of the core principles of human rights with Islamic law principles with respect to traditional views on the prohibition of arbitrary punishment and the right to fair trial. The theory of siyasa shar’iyya (the conduct of government according to Shari’ah) is taken as a further justification for the incorporation of contemporary human rights protection into the greater aims of Islamic law.

FINDINGS

The Shari’at law and Muslim common law have all been studied very thoroughly and are bound to lead to several major findings that explain the functioning of Islamic legal systems in the modern-day world. These findings arise from historical development, contemporary applications, and existing challenges to Islamic legal systems.

First, the study shows the inherent flexibility of Islamic law that is through established methods for legislation, particularly the mechanism of ijtihaad (independent legal reasoning) and maqasid al-shari’ah (objectives of Islamic law). In the past, that flexibility facilitated Islamic law’s adjustment to changing circumstances while sustaining its core elements. The present research indicates that this flexibility is still providing avenues to tackle modern challenges, although it remains underutilized in many jurisdictions.

SUGGESTIONS

The second revelation is the illustrated disconnection between the theoretical application and practical enforcement in many areas of Islamic law. While many of today’s hurdles have theoretically well-reasoned solutions, barriers to practical application often lurk behind political, social, and institutional ones. For instance, in Islamic finance, technical theories that sometimes put more emphasis on form rather than substance end up compromising the social goals of Islamic commercial law.

Thirdly, this study indicates that Islamic legal principles have gained successful entry into some modern arenas, especially in family law and financial systems. Success stories from countries such as Malaysia, Indonesia, and the UAE indicate that Islamic law can, in fact, find traction within modern legal frameworks while staying compatible with international standards. Thus, those success stories give other jurisdictions a roadmap for harmonizing Islamic and contemporary legal principles.

The fourth trend evidenced by this study is the apparent increase in codification and standardization of Islamic law across jurisdictions. While rendering administration more easily and providing more legal certainty, this codification process sometimes diminishes the traditional flexibility of the law. Finding a balance between certainty and an ever-evolving nature for Islamic law is a real challenge.

The fifth trend seems to suggest an increasing involvement of women in Islamic legal scholarship and interpretation, leading to more differentiated understandings of gender-related issues in Islamic law. This achievement has turned into an avenue for progressive reforms within the family laws while retaining the religiously-oriented authenticity.

Based on these findings, several key suggestions emerge for the future development and implementation of Islamic law:

1.     Enhancement of Legal Education and Training

There is a pressing need to modernize Islamic legal education to combine traditional Islamic jurisprudence with contemporary legal methodologies. Educational institutions should develop integrated curricula that prepare jurists to address modern challenges while maintaining Islamic legal principles. This should include:

• Comparative legal studies incorporating both Islamic and secular legal systems
• Training in modern legal research methodologies
• Exposure to contemporary issues in international law and human rights
• Development of practical skills in legal reasoning and problem-solving

2.     Institutional Reform and Development

The establishment and strengthening of specialized institutions for Islamic legal research and development is crucial. These institutions should:

• Conduct empirical research on the implementation of Islamic law in various contexts
• Develop standardized procedures for Islamic financial products and services
• Create mechanisms for continuous review and updating of Islamic legal applications
• Facilitate dialogue between Islamic legal scholars and practitioners in other legal systems

3.     Methodological Renewal

A systematic approach to methodological renewal in Islamic legal reasoning should be adopted, focusing on:

• Developing contemporary applications of traditional legal principles
• Establishing clear frameworks for incorporating empirical research in legal reasoning
• Creating mechanisms for collective ijtihad through scholarly collaboration
• Integrating technological advances in legal research and application

4.     Harmonization Efforts

Greater effort should be made to harmonize Islamic legal principles across different jurisdictions while respecting local contexts. This could include:

• Development of model laws for various areas of Islamic law
• Creation of international forums for coordination and standardization
• Establishment of mechanisms for sharing best practices
• Promotion of cross-border collaboration in legal development

The interplay between Shari’at law and Muslim common law exposes a legal system of expansive historical depth and modern relevance. When understood and applied with finesse, traditional Islamic law would show a remarkable ability to tackle the contemporary world while maintaining a religious label.

The future of Islamic law can be summed up in balancing tradition and progress, maintaining core values while responding to modern claims. This requires balancing the need for preservation and progress, for the laws to be holistically religiously accepted and practically functional. This will depend crucially, however, on the development of sophisticated techniques to bridge classical Islamic legal theory with contemporary legal needs.

The relationship between Islamic law and modern legal systems should not be construed as fundamentally antagonistic but instead as probably complementary. Islamic law’s emphasis on ethical principles, social justice, and human welfare can make great contributions to law and practice today. At the same time, modern legal systems present useful insights and methods to assist the functional enforcement of Islamic legal principles.

The issues which Islamic law faces in the present world are admittedly daunting but still can be surmounted. By employing systematic efforts of reform, institutional building, and methodological renewal, Islamic law can evolve while still being itself. The key is to envision Islamic law not as a static body of rules but rather as an adaptive legal system capable of nurturing some growth while being true to its core values.

Such a way out calls for cooperation among traditional Islamic scholars, modern legal practitioners, and professionals in allied fields. This kind of attitude, ensured with serious scholarship and practical innovation, can fashion Islamic legal systems that are at once authentically Islamic and effectively modern.

Looking ahead, the continued development of Islamic law will likely see greater integration of traditional principles with contemporary legal mechanisms, increased standardization across jurisdictions, and more sophisticated approaches to implementation. The success of these developments will depend on the ability to maintain the balance between continuity and change, tradition and innovation, that has characterized Islamic law throughout its history.

Author: Sufian Ahmed, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

References

1. Shamim Ara v. State of U.P., (2002) 7 SCC 518 (India)
2. Shayara Bano v. Union of India, (2017) 9 SCC 1 (India)
3. Smt. Seema v. Ashwani Kumar, (2006) 2 SCC 578 (India)

4. Islamic Financial Services Board, ISLAMIC FINANCIAL SERVICES INDUSTRY STABILITY REPORT 2023, https://www.ifsb.org/reports.php (last visited Nov. 10, 2024)
5. Organization of Islamic Cooperation, CHARTER OF THE ORGANIZATION OF ISLAMIC COOPERATION (2024), https://www.oic-oci.org/charter/?lan=en
6. World Bank Group, GLOBAL REPORT ON ISLAMIC FINANCE: ISLAMIC FINANCE – A CATALYST FOR SHARED PROSPERITY (2016), https://documents.worldbank.org/globalreport