የሸሪዓ እድገትና ቀዳሚ የሕግ ትምህርት ቤቶች፡ ከኢትዮጵያዊ ምልከታዎች ጋር

  • አልዩ አባተ ይማም

Abstract

Ethiopian Sharia courts, which were given official status by Kadis Court Proclamation (1942) and Khadis and Naiba Councils Proclamation (1944), have been functioning in the country for more than half a century. Since this time, no modification has been introduced in the jurisdiction as well as in the structure of the courts. Moreover, with the adoption of the FDRE Constitution (Article 78(5), the status of Sharia courts has been made firm. Accordingly, a proclamation for the consolidation of Sharia courts was enacted in 1999 by the Federal parliament. As per the consolidation proclamation, the substantive law applicable on cases under the jurisdiction of Sharia courts is Islamic Law. The personal and family laws of Sharia and their general legal frameworks have been developed by two legal disciplines of Islam: Usul al-Fiqh (Islamic Jurisprudence) and Fiqh (Islamic law). These two fields of law are developed by the schools of law (Madhahib) of Sharia that have been evolving and contributing since the formative periods of Sharia law. This paper delves into the discussion of the salient features of schools of Sharia and their contribution in the formulation of Sharia principles of law and detail legal rulings in various fields of law including on personal and family matters. Further, the paper looks into the historical emergence of the Madhahib Sharia tradition in Ethiopia and its dissemination across various Muslim communities of Ethiopia since the 16th C. Ethiopian perspectives, in the sense that how the historical facts and developments of Madhhab are relevant to the interpretation and enforcement of the Sharia in Ethiopia to the extent it is allowed in the FDRE Constitution, are also indicated.

Published
2019-12-09
Section
Articles