The Relationship of Fiqh (Islamic Jurisprudence) and the Law in Saudi Arabia: An Analytical Study

Abstract

The relationship between Figh (Islamic Jurisprudence) and law in general takes several aspects, particularly in Saudi Arabia as the Basic Law of Governance explicitly states that the Book of Allah and the Sunnah of His Messenger (Peace Be Upon Him) are the rulers of all state systems, and therefore there is no room for a comparative statement, a matter of comparison or preference; because the nature of the relationship is different; take a positive side by completing the legal shortcomings, and take a negative side to challenge everything that violates the Constitution of the Book of Allah and the Sunnah of His Messenger (Peace Be Upon Him) and this explains the importance of research in terms of the century of Figh system or law, which may be borne by others that there are two types of sources governing legislation or issues in Saudi Arabia. The aim is to devise a holistic rule showing the nature of the relationship between Figh and law through extrapolating and analysing the texts of some scholars, some systems, and judicial rulings. One of the most important results of this research is that Figh represents the general Sharia in Saudi Arabia if there is no statutory text and that the legislation and methods of governance are based on a single text, whether legal or jurisprudential, and scholars should examine legal terms and consider their compatibility with the rules of Sharia.