ABSTRACT

Rules play an important role in modernisation, as they may be framed so that they facilitate human interactions, such as economic transactions. Law takes on a key position in modern societies, as advanced social structures are only possible when law is secular and autonomous from religion. Islamic law has its origins in an external event, or more specifically the revelations to the prophet. Thus, the free creation of law by means of reason is excluded, at least from this angle, as the law is sacred. The Islamic judge, the Qadi, or the judicial authority, which delivers the consultations, the Mufti, handle each conflict case by case. Islamic law is not orientated towards a systematic elaboration of principles of law, but rather toward solutions in practical cases.