Methods of codifying Islamic jurisprudence in civil law

Abstract

Abstract: The codification of Islamic jurisprudence is not of recent origin, but rather its roots extend back to the Abbasid era, which necessitated research into methods for codifying Islamic jurisprudence in civil law, due to Islamic jurisprudence’s lofty status and prestigious status, in order to reach an appropriate approach, in order to apply it to the draft Iraqi civil law. The new approaches to codifying Islamic jurisprudence are divided into: narrow codification approaches that rely on codifying the provisions of a single jurisprudential school of thought, and broad approaches that rely on multiple schools of jurisprudence. After presenting the two approaches, we arrived at a

proposal for the appropriate approach for codifying Islamic jurisprudence in the draft of the new Iraqi civil law, by preferring the approach. Broad, with the participation of committees that include experts and specialists, including Islamic Sharia jurists, law professors, and judges who have superior practice and knowledge of the aspects of civil law. This is because we are an Islamic country, and our basic ambition must be a law derived from Islamic jurisprudence.