Ijma’: Jurisprudence Undergoing a ‘Chemical Reaction’ in Egypt

  • Dr. Dawood Adesola Hamzah Lecturer in Law of Banking and Insurance, University of Ilorin, Ilorin, Nigeria

Abstract

As sovereignty underscores governance in human society, Hakimiyyah serves as a platform to argue that Islam is both state and religion.  Theoretically Ijmāʿ has been the most potent factor in defining the meaning of the other uṣūl and thus in formulating the doctrine and practice of the Muslim community. It is a part of traditional authority but, over the ages, its validity had been a subject of theoretical and empirical discuss - suggesting perhaps, a possible ‘chemical reaction’ of Islamic jurisprudence.  Islamic law was “jurists’ and people’s law” in that its content was determined by the jurist-scholars, accepted and observed by the people.   It was also State law in that it had a mechanism of being enforced by the state. The neglect of application of the law by the state with tacit approval of scholars with consensus of the people and stiff resistance against the dissenting voices are giving rise to emergence of radicals groups.The arrival of Islam in Egypt dates back to 7th century after which it emerged as a centre of politics and culture in the Muslim world. Under Anwar Sadat, Islam became the official state religion and Shari’ah the main source of law.Egypt has track-record in the development of Islamic law.  Its people also have played significant role in the struggle for its application.  What followed the Arab Spring in Egypt has served as a re-enactment of the aged-long struggle against the colonialism, and of course, a serious challenge not only to the concept of Ijma’ but also to the modern concept of democracy.  This paper intends to explore the relevance of the principle of Ijma’ in the political are religions metamorphosis of Egypt. 
Keywords: Hakimiyyah, Ijma’, political crisis in Egypt and the dramatis personae


 

Published
Jun 30, 2017
How to Cite
HAMZAH, Dr. Dawood Adesola. Ijma’: Jurisprudence Undergoing a ‘Chemical Reaction’ in Egypt. Journal of Islamic Legal Studies | ISSN-2519-1535, [S.l.], v. 3, n. 1, p. 68 - 101, june 2017. ISSN 2519-1535. Available at: <http://joils.discinternational.org/index.php/joils/article/view/46>. Date accessed: 16 oct. 2018.