a comparative study of shi’a public shari’a law and sunni public shari’a law(administrative law and governance in islam)

Public law notions seen from shari’a law perspective have not been duly discussed in islamiccountries. in the discourse of rule of law in islam we are confronted with a dilemma , moral values of areligion are not compatible with the coercive legislative measures . thus the authentic application ofshari’a rules is feasible only if a scientific hermeneutic of shari’a law is adapted to the exigencies oftoday’s modern life, while the outlook on the boundaries of hermeneutic remains obscure. regarding thepublic finance in islam and state owned banking system, in many islamic countries both shi’a conceptbanks and sunni concept banks, while prohibiting usury have worked out a well established shari’a lawcompliant loan system in favor of the customers. also economic democracy from shari’a law point ofview finds its way through other means provided in shari’a rules (shi’a or sunni). the notion of anislamic administrative law is rather misperceived. the actual polemic on governance and administrativelaw in islam is considered as being an outcome of the conflict between shari’a based concepts and notionsasserted by faquihs and jurists and the legal practices and usages of islamic states since the expansion ofislamic territories (700 ad).