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Cont.
There is no references to particular set of provision as known is Islamic law the sources of Shariah (Quran and Sunnah). So there is no process of interpretation of provision. The process of setting the standards is based on the consensus of the regulators along with the players in the industry. The tendency of the industry and the market will be the main driver of the process of standardization.
Easy process when it comes to the adjustment, reviewing, amendment of the law, regulations, and existing standards.
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The implication
The implication of the that can be observed in the following results:
The process of standardization can take place in the law, meaning the exercise of the setting up the standards can be done at the level of the law. (the easy process of doing that). This is the key feature which distinguish between the process of standardization between the Islamic law and the positive law.
Shariah as divine law is different than the positive law, therefore the treatment in addressing the issue is different. The issue of standardization must be understood in the light of Islamic jurisprudence. Because of the issue of interpretation of the provision of the revelation:
In Shariah we have two types of rulings:
Shariah rules subject to one interpretation. (consensus). Shariah rules subject to different interpretation. (diversity) 6
Standardization
Possible standardization
Challenges in standardization
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1&2
The single Shariah opinion is binding and enforceable by the Muslim ruler
3&4
The standard or the parameter can be easily derived and deduce from the consensus.
In case of the enforcement of the standards by the regulators, it will not create any potential conflict between the two, because both share the same feature.
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The way that the shariah opinions in the consensus are set and articulated are the same of the standards.
Cont.
The diversity is related to some branches and details cases.
The diversity may exist even there are standards to be followed, because there is what is known as applied ijtihad, where the external facts, conditions and circumstances during the implementation of the ijtihad may give different ruling.
Understand the reason for diversity in Shariah. There are many shariah ruling that are in form of standards, the consensus section in Islamic law.
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Thank you
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