Applying the principle of Islamic Sharia as the source of all legislation: justifications and controls (an original study)

Abstract

The principle of Islamic Sharia as the source of all legislation has been the most important constitutional legal principle in the Yemeni legal system since the introduction of Islam in Yemen in 10 AH. Islamic Sharia in Yemeni society not only represents moral codes that regulate ethics and morals, but also governs relationships between individuals within society, thus serving as the law that regulates individual behavior. This principle stems from the sense among Yemeni individuals of the importance of its application, as it is the hallmark of their religion, civilization, and advancement. Surprisingly, we hear some deviant and alien opinions about Yemeni society that call for omitting this principle from the constitution. Sometimes, we even find them declaring that this principle is the reason for society's lagging behind in civilization, that Sharia does not keep pace with modern scientific developments, and that it contradicts the principles of the modern civil state and the rules of modern international law. Undoubtedly, this statement constitutes slander and an assault on Islamic Sharia. These opinions lack any scientific justification; rather, they are based on emotion and a wrong reaction due to a deviation in the application of the principles of Islamic Sharia. What is astonishing is that those who oppose this principle of implementing Islamic law claim to be patriotic and nationalist, yet we find them denying the legal heritage of Yemeni society, which is based on the true religion of Islam. However, we find Western legal thought reviving the Roman legal heritage based on paganism, and even taking pride in it. Meanwhile, we find our thinkers fighting our legal heritage, attempting to obliterate it, and adopting Western laws based on the pagan intellectual and legal heritage of the Romans and Greeks. There is no doubt that these people have wronged themselves and their societies by importing these Western laws from Muslim Yemeni society.