? Well, what else would be used as a theological basis for fiqh?? The whole Quran and the hadiths are about Mohammed's life. Does this cleric exert no influence over these bodies? Unlikely in the extreme. In fact, the sources you cite as influences - authoritative jurists, other schools of law, state regulations and royal decrees (where these are relevant), and custom and practice - are the essential problem. Where is the humanitarian relief?
Fiqh has more than a theological basis, in fact, very little of it has a basis in Quran or Hadith, more in Jewish and Bedouin laws, existing and adopted customs. Its been stagnant for quite some time now, ever since the jurists were sidstepped by kings and dictators [probably once the Turkic influences came in]. Which is why although the basis is Hanafi [which is followed by 80% of Sunni Muslims], there is a wide variety of differences based on existing custom and practice.
Oo-kay. So what if it's a kingdom? And "the law that they feel is best for their society" is being decided by about half their society, and not even all of them. Not particularly wholesome.
Half is generous. I would say 100% of their law is decided through the king. Which is why its called a kingdom. Although I would say, in Saudi Arabia, they suffer more from having very few laws [such as the absence of laws covering age of marriage] than any imposed ones. Kuwait also has a similar absence of laws re: marriage, this kind of thing is traditionally left to the parents.
In general the age of marriage is similar around the world
http://en.wikipedia.org/wiki/Marriageable_age
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