On the nature of Islamic law

Abstract

The term «Muslim law» or «Islamic law» might suggest the existence of a universal legal model. In our contribution we seek to highlight some specificities of the institutional system of Islam, such as the fact that the central role is played not by the judge, but by the jurist or mufti. It is this fact that prevents the subordination of the legal system to the political system. It is different nowadays when most Muslim countries have adopted a Western-inspired model.