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Abstract
Tariq al-Bishri discusses a number of basic methodological issues pertaining to the comparative study of Islamic Shariʿah and qānūn or man-made (positive) law, addressing the related conceptual frames of reference from which rulings are derived from and which allows them to perform their functions; linking the study’s analysis with the historical and social contexts specifically in Egypt. His study answers the fundamental question regarding the feasibility of a comparison between man-made law and Shariʿah, and how man-made laws penetrated Muslim societies. Al-Bishri calls for a return to Shariʿah as the governing law and to a Shariʿah judicial system rather than man-made Western laws. He also discusses the secular perspective and its position regarding the application of Shariʿah rulings and he expounds upon fiqhī theorization and the prescribing of Shariʿah laws.
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