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Chapter 35 - Ibn Khunayn (b. 1376/1956) on Adjudication and Judicial Organisation, from al-Kāshif fī Sharḥ Niẓām al-Murāfaʿāt al-Sharʿiyya al-Saʿūdī

from Part V - Judicial Manuals and Reference Books

Published online by Cambridge University Press:  14 November 2024

By
Dominik Krell
Edited by
Omar Anchassi  and
Robert Gleave
Omar Anchassi
Affiliation:
Universität Bern, Switzerland
Robert Gleave
Affiliation:
University of Exeter
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Summary

This chapter explores the Saudi judge and legal scholar Ibn Khunyan’s (b. 1376/1956) al-Kāshif fī Sharḥ Niẓām al-Murāfaʿāt al-Sharʿiyya al-Saʿūdī. This work focuses on the Saudi Code of Sharīʿa Procedure and follows the format of a European-style legal commentary, commenting on all 276 articles of the Code with reference to Islamic jurisprudence (fiqh). The section excerpted here discusses the first article of the Code of Sharīʿa Procedure (niẓām al-murāfaʿāt al-sharʿiyya), which stipulates the sources of the law applicable in Saudi courts. In addition to his explanation, Ibn Khunayn uses the commentary on the first article of the code as an opportunity to give an overview over the workings of the Saudi judiciary.

Keywords

Judge (qāḍī)JudiciaryProcedural law (niẓām al-murāfaʿāt)Saudi legal systemCodificationPrevailing judicial practice (al-maʿmūl bi-hi)Governance.
Type
Chapter
Information
Islamic Law in Context
A Primary Source Reader
 , pp. 367 - 374
Publisher: Cambridge University Press
Print publication year: 2024

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References

Primary Sources

Āl Khunayn, ʿAbd Allāh b. Muḥammad [Ibn Khunayn, ]. al-Kāshif fī Sharḥ Niẓām al-Murāfaʿāt al-Sharʿiyya al-Saʿūdī, 5th ed. (Riyadh: Dār Ibn Farḥūn, 1433/2011).Google Scholar

Secondary Sources

Anjum, Ovamir. Politics, Law, and Community in Islamic Thought: The Taymiyyan Moment (Cambridge: Cambridge University Press, 2012).Google Scholar
al-Atawneh, Muhammad. Wahhābī Islam Facing the Challenges of Modernity: Dār al-Iftāʾ in the Modern Saudi State (Leiden: Brill, 2010).CrossRefGoogle Scholar
Commins, David. The Wahhabi Mission and Saudi Arabia (London: I. B. Tauris, 2006).CrossRefGoogle Scholar
Johanson, Baber. ‘A Perfect Law in an Imperfect Society: Ibn Taymiyya’s Concept of “Governance in the Name of the Sacred Law”’, in The Law Applied: Contextualizing the Islamic Shariʿa, ed. Bearman, Peri, Heinrichs, Wolfhart and Weiss, Bernard (London: I. B. Tauris, 2008), 259–94.Google Scholar
Krell, Dominik. ‘Islamic Law in Saudi Arabia: Concepts, Practices and Developments’, PhD thesis, University of Hamburg, 2021.Google Scholar
Lauzière, Henri. The Making of Salafism: Islamic Reform in the Twentieth Century (New York: Columbia University Press, 2015).CrossRefGoogle Scholar
Mallat, Chibli. ‘The Normalization of Saudi Family Law’, Electronic Journal of Islamic and Middle Eastern Law 5 (2017), 1–27.Google Scholar
Mouline, Nabil. The Clerics of Islam: Religious Authority and Political Power in Saudi Arabia (New Haven: Yale University Press, 2014).CrossRefGoogle Scholar
Opwis, Felicitas. Maṣlaḥa and the Purpose of the Law: Islamic Discourse on Legal Change from the 4th/10th to 8th/14th Century (Leiden: Brill, 2010).CrossRefGoogle Scholar
Vogel, Frank E. Islamic Law and Legal System: Studies of Saudi Arabia (Leiden: Brill, 2000).CrossRefGoogle Scholar
Vogel, Frank E. Saudi Business Law in Practice: Laws and Regulations as Applied in the Courts and Judicial Committees of Saudi Arabia (Oxford: Hart, 2019).CrossRefGoogle Scholar

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