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the confluence of divine law and modern legal systems: insights from sharia on achieving balance between justice and equity
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نویسنده
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ahmed ishtiaque ,saara tasnim hasan ,elma imtrita hossain
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منبع
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پژوهشنامه حقوق اسلامي - 1403 - دوره : 25 - شماره : 4 - صفحه:811 -836
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چکیده
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Sharia law, derived from the quran and hadith, offers a comprehensive framework for addressing societal issues and promoting justice and equity. despite western misconceptions, sharia law effectively meets the needs of contemporary society. through a comparative analysis, this article explores sharia’s stance on key legal concepts such as polygamy, punishment for murder, the right to wear the hijab, and inheritance. it navigates the complex interaction between sharia and western legal systems, proposing policy reforms to harmonize distinct legal traditions while upholding justice and equity through sharia law. utilizing empirical evidence and multimodal decision-making methodologies, such as the analytic hierarchy process (ahp), the article advocates for practical reforms that empower marginalized groups, foster societal cohesion, and address contemporary challenges. by debunking misconceptions and highlighting sharia law’s relevance and adaptability, this paper offers a deeper understanding of justice and equity based on sharia to meet the demands of the contemporary world.
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کلیدواژه
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divine law ,sharia law ,justice and equity ,secularism ,legal reform.
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آدرس
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north south university, school of humanities and social sciences, department of law, bangladesh, north south university, school of humanities and social sciences, department of law, bangladesh, north south university, school of humanities and social sciences, department of law, bangladesh
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پست الکترونیکی
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imtrita.elma@northsouth.edu
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the confluence of divine law and modern legal systems: insights from sharia on achieving balance between justice and equity
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Authors
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ahmed ishtiaque ,saara tasnim hasan ,elma imtrita hossain
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Abstract
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sharia law, derived from the quran and hadith, offers a comprehensive framework for addressing societal issues and promoting justice and equity. despite western misconceptions, sharia law effectively meets the needs of contemporary society. through a comparative analysis, this article explores sharia’s stance on key legal concepts such as polygamy, punishment for murder, the right to wear the hijab, and inheritance. it navigates the complex interaction between sharia and western legal systems, proposing policy reforms to harmonize distinct legal traditions while upholding justice and equity through sharia law. utilizing empirical evidence and multimodal decision-making methodologies, such as the analytic hierarchy process (ahp), the article advocates for practical reforms that empower marginalized groups, foster societal cohesion, and address contemporary challenges. by debunking misconceptions and highlighting sharia law’s relevance and adaptability, this paper offers a deeper understanding of justice and equity based on sharia to meet the demands of the contemporary world.
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Keywords
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divine law ,sharia law ,justice and equity ,secularism ,legal reform.
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