Seance 7 islam - Sance 7 Saudi Arabia Syria and Lebanon The situation of SA is not comparable with others in the region Monarchy that claims legitimacy

Seance 7 islam - Sance 7 Saudi Arabia Syria and Lebanon The...

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Séance 7 Saudi Arabia, Syria and Lebanon The situation of SA is not comparable with others in the region. Monarchy that claims legitimacy from Islam. Power with 2 heads with a clear separation even it sometimes overlap (most of the time it works well). 2 separate polices. Issues of borders sometimes. Judicial court: religious. What about business law? Codification of charia: no form of law is codified. Pre-modern system. 1870 the ottomans codified their law. No penal code. Judges belong to schools of law. School of island: principle rejection of jurisprudence in Saudi Arabia. They only believe in the Quran and the Sunna. The judge is not bound by any form of jurisprudence. Hanbali school : inspired by but not binded by. Judgment is very IMPREDICTABLE. The judge needs to be an alim, he needs to have a deep knowledge of Quran and Sunna. Judge is something you do when you have a diploma of religion. Why don’t they create something more codified and organized and systematic? If you do that, then you are removing the religious aspect from the law. You are secularizing the law, in a way. So to be a judge you have to study law, not religion! Just apply what you have learned. If the princes managed to codify, then law can become secularized > the ulama don’t want it! They will get marginalized in the system at the end if they accepted a codification. Quite a high degree of judgement independence: separate body that has its own power inside the system. But they also are the more conservatives. The princes are the one who manage the oil and so they are powerful. The ulama are becoming salaries more and more, in the sense that they don’t have an independant source of revenue. Princes pay the salaries of the ulama. Princes can force the ulama SOMEHOW in commercial law. Nizam: a regulation that the prince make when there is nothing about the issue in the Quran and Sunna. Labour regulation: nizam. And the ulama said not because Quran say something about that! Qanun: law > what is not charia. Abd al-aziz bin Saoud: he is the one that in 1932 adopted the title of king (before he was a sultan).Why do they do that? Because it looks modern. But there is no king is islam. There is always a trade off: worried by its international image, but also maintain its islamic image. In Oman: still sultan. Saudi System: they never claimed to be a caliphate. Why? They are not from the right tribe ( Quraysh). But the ottomans were turks and claimed the caliphate. Also because there is a panislamic claim in calling yourself caliph, and they were not interested in that. They are locals. Islamists are

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