Islamic Jurisprudence and the Primacy of Shariah

The purpose of shariah like any other legal system is the maintenance of law and order. Society cannot achieve peace and prosperity without some form of social control. Outlawry can only lead to social disequilibrium. The focus of this paper is not the legal or juridical functions of the shariah, but the social and political dimensions of Islamic jurisprudence. Since the purpose for being of an Islamic state is the full implementation of the shariah, the aim of this study is to evaluate the nature and content of Islamic jurisprudence. The study will assess the compatibility or otherwise of Islamic jurisprudence with contemporary developments in international human rights and humanitarian law and the suitability or otherwise of implementing shariah law in a democratic and liberal society.