Sharia, Secularism, and Economic Integration: A Comparative Analysis of Legal Pluralism in Contemporary Systems

Abstract

Objective: This study aims to examine the integration of Islamic law (sharia) in the contemporary legal system in five countries (Saudi Arabia, Turkey, Indonesia, Pakistan, and the United Kingdom), with a focus on family law, criminal law, and dispute resolution, as well as examining challenges related to human rights and gender equality. Theoretical framework: This study uses the legal pluralism framework to understand the interaction between religious law and secular law in the modern context. Literature review: The literature review includes research on the relationship between religious law and secular law, the discourse of legal pluralism, the implications of the application of sharia on social justice, and a comparative study of the legal system in Muslim-majority and secular countries. Methods: The method used is a comparative legal approach through the analysis of legal documents, case studies, and secondary literature. Results: The results of the study show that there are variations in the application of Sharia. In Saudi Arabia, sharia is the main foundation of the national legal system. In Turkey, although not officially integrated into state law, sharia still influences social norms. Indonesia applies sharia in a limited way in Aceh Province, while the national legal system is generally secular. In Pakistan, sharia is integrated into criminal law, which has sparked debates on gender equality. As for the UK, sharia is not formally recognized, but operates through arbitration mechanisms and non-state institutions. Implications: This study emphasizes the complexity of legal pluralism and the importance of strategies to balance religious principles and secular law, while providing insight for policymakers, academics, and human rights activists. Novelty: The novelty of this research lies in cross-country comparisons with a focus on human rights and gender equality issues, as well as offering practical perspectives for the development of inclusive legal policies in multicultural societies.