THE ROLE OF THE LEGAL MAXIMS OF ISLAMIC JURISPRUDENCE IN THE LEGISLATION PROCESS IN QATAR
This submission attempted to establish the role of the legal maxims of Islamic jurisprudence in the legislation process in Qatar. The analysis was conducted by using descriptive and analytical methods to draw out the role played by these maxims in the legislation process in Qatar. The results revealed pieces of evidence of the legal maxims of Islamic jurisprudence in the Qatari laws as Sharia law is considered a material source that the legislator must refer to and not permissible for him to violate its provisions according to the Constitution of the State of Qatar issued in 2004. It also revealed that Islamic law is an official backup source that can only be resorted to in the absence of a legislative text as stipulated in the Qatari Civil Code No. 22 of 2004. It is noted that the Qatari Family Law and the like are considered legislations even though they were originally taken from Sharia.
The analysis also suggested that articles deduced from the legal maxims of Islamic jurisprudence in the Qatari laws include Article (171) of Civil Law No. 22 of 2004, Article 40 of the Qatari constitution, Article 39 of the Qatari constitution, Article 970 of Civil Law No. 22 of 2004.
Keywords: legal maxims of Islamic jurisprudence, Qatar legislation, shariah law.
