Originally published in Juriste International in 2023, Evolution of Sharia Law in Muslim Countries was authored by Sr. Adv. Mukhtar Gharib. The article examines the historical development of Sharia, the principal schools of jurisprudence, the movement from oral legal tradition to written rulings and codification, and the continuing evolution of personal and family law.

From legal tradition to codified law

The publication follows the development of Islamic legal thought from its early foundations through the growth of jurisprudential schools and the gradual movement from oral legal tradition to written rulings, fatwas and codified legal rules.

A central theme is the distinction between rules drawn directly from foundational Sharia sources and jurisprudential rules developed through legal reasoning. The article treats that distinction as important because jurisprudential interpretation can respond to circumstances, social development and the needs of particular communities.

The modern Arab legal context

The article also considers the emergence of modern positive law in Arab jurisdictions and the interaction between Islamic legal principles and contemporary civil legislation.

Within that wider discussion, the United Arab Emirates is used as an example of a legal system that has continued to develop while retaining the importance of Sharia principles in personal-status law.

Family law and changing society

The publication places particular emphasis on family law because personal-status rules affect children, parents and future generations directly. It argues that legal development in this field must remain attentive to social change while maintaining the moral and legal principles that underpin the family-law system.

This comparative perspective remains relevant to lawyers working with multinational families, where legal questions may involve different traditions, different statutory systems and different approaches to the relationship between religious principles and codified law.