Sharia – a matter of interpretation

PhD Dorthe Bramsen from the Faculty of Humanities uncovers the reality of and argumentation behind Sharia in her recent thesis called “Divine Law and Human Understanding: Interpreting shari’a within the institutions of ifta’ and qada’ in Saudi Arabia”.

Women and Cars

In her analysis of Islamic law in Saudi Arabia, Dorthe Bramsen analyses a number of concrete issues of current interest, such as why Saudi women are not allowed to drive cars.

Sharia is often compared to Islamic law, but Dorthe Bramsen argues that Sharia is ambigous and not a defined concept. It is rather to be understood as a theological principle, which can be interpreted differently by different people at different times. In her thesis, Bramsen explains how Saudi Arabian religious sholars understands and interprets Sharia today.

The Saudian rationale

In Saudi Arabia, the law, with a few exceptions, is not laid down in paragraphs. It is defined and construed by Islamic law scholars based on the Koran and the words and deeds of the Prophet Muhammad. Former interpretations of the law do not automatically take precedence in cases where similar matters are discussed.

The rationale is that former desicions could be based on misinterpretations, and all scholars are obliged to seek the truth. Thruth in the shape of Sharia is understood to be universal and can be found in the Koran. If thruth in a specific case can not be directly found in the Koran, it must be found indirectly through consensus among scholars of law or to be concluded by analogi.

The research

The thesis consists of three parts: The first part gives an introduction to Islam and Islamic law in Saudi Arabia and the ”usul al-fiqh" science (Islamic-legal principles and the legal epistemology).

The second part examines and analyses the argumentation of Saudian legal scholars through topical cases.

The final part of the thesis examines and analyses the judicial process and logic of the Saudian court, with a particular focus on production of evidence.

Contact

Dorthe Bramsen, Department of Cross-Cultural and Regional Studies, Faculty of Humanities, University of Copenhagen

Phone +45 61 34 81 86, E-mail: bramsen@hum.ku.dk

Posted 28 June 2007