JUDICIAL REFORM IN ISLAMIC LEGAL SYSTEM AND MODERN CHALLENGE
Abstract
This research examines judicial reform processes within Islamic legal systems, exploring how
these religious legal frameworks adapt to contemporary challenges while maintaining
doctrinal authenticity. The study addresses critical gaps in understanding how traditional
religious law navigates modernization pressures through institutional adaptation mechanisms
rooted in Islamic jurisprudential tradition. Using a multi-theoretical approach combining
legal pluralism theory, institutional change theory, and Weber's legal rationalization
framework, this research investigates how Islamic legal systems balance religious legitimacy
with functional effectiveness. The analytical framework employs multi-level analysis
examining macro-institutional structures, meso-organizational dynamics, micro-procedural
changes, and individual stakeholder experiences across different Muslim-majority countries.
The study reveals that Islamic judicial reform operates through distinctive mechanisms
including institutional layering, interpretive evolution through scholarly consensus (ijma),
and creative application of jurisprudential reasoning (ijtihad). Key findings demonstrate that
successful reforms require careful legitimacy management across religious, legal-rational,
and social dimensions. Institutional capacity, stakeholder engagement, and professional
training emerge as critical factors enabling sustainable reform implementation. The research
identifies consistent patterns of adaptation including procedural standardization, educational
modernization, and technology integration while maintaining core Islamic legal principles.
The research demonstrates that Islamic judicial systems can contribute meaningfully to rule
of law development and social justice enhancement through contextually appropriate reform
strategies that honor both religious heritage and contemporary requirements
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