Abstract
This chapter presents an introduction to Islamic law. Section A begins by discussing the basic themes in Islamic law; it provides an overview of the received narrative of the legal tradition, by which is meant the history of the legal tradition as encapsulated by leading scholarly research in the twentieth and twenty-first centuries. Section B moves beyond the premodern tradition as outlined in Section A and brings the narrative into the modern period. It shows show how the shifts in governance frameworks that came with the era of European colonialism and the modern state system has drastically altered the substance and authority of Islamic law in contemporary legal systems. Section C offers an intervention to the received narrative of Islamic law in the premodern and modern periods by recasting it in a different thematic frame, namely Shari'a as rule of law. Section D concludes by explicating how the proposed systemic approach to Islamic law allows us to appreciate the way in which it (and human rights law) are embedded in different systems of governance, and co-exist with multiple traditions that contribute to the way in which society is governed.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.