The Formality of Judicial Procedure in Islamic Jurisprudence: An Analytical and Critical Study of the Theory of the German Orientalist Baber Johansen

Introduction

Judicial procedure in Islamic jurisprudence is characterized by a considerable degree of rationality, particularly through its reliance on evidentiary indications and circumstantial evidence that may help establish the facts of a case. This reflects an approach that seeks, as far as possible, to determine the truth of disputed matters rather than relying solely on rigid procedural formalities that could undermine the essential purpose of adjudication.

However, the German Orientalist Baber Johansen, in his article Signs as Evidence: The Doctrine of Ibn Taymiyya and Ibn Qayyim al-Jawziyya on Proof, presents a different interpretation. He argues that judicial procedure in Islamic jurisprudence is fundamentally formalistic and is not primarily concerned with establishing factual truth in individual cases.

This lecture examines the foundations of Johansen’s argument, analyzes the justifications on which it is based, and provides a critical assessment of his interpretation of judicial procedure in Islamic jurisprudence.

Lecture Topics

Mr. Ghani Olakunle Olajide – Nigeria

Mr. Ghani Olakunle Olajide completed his secondary education at the Institute of Arabic and Islamic Education affiliated with Al-Jam‘iyyah Al-Khayriyyah in Lagos, Nigeria, in 2013.

He obtained a Baccalaureate in Arts from Ibn Rushd Qualifying Secondary School in Rabat, Morocco, in 2018. He also earned the Al-‘Alimiyyah Certificate, equivalent to a Bachelor’s degree in Islamic Studies, from Abu Bakr Al-Siddiq Institute for Advanced Traditional Education in Fez, Morocco, in 2017.

He holds a Bachelor’s degree in Public Law from Mohammed V University in Rabat, Morocco, awarded in 2021. He also obtained a Master’s degree in Advanced Islamic Studies, specializing in the consideration of consequences in Islamic sciences, from Dar al-Hadith al-Hassania for Advanced Islamic Studies, Al Quaraouiyine University, Rabat, Morocco, in 2020.

He is currently a PhD researcher specializing in Islamic Jurisprudence and its Principles at the same institution.

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