THE IMPACT OF COLONIALISM AND NATIONALISM ON THE MARGINALIZATION OF ISLAMIC LAW IN THE MUSLIM WORLD

Abstract

Islamic law was once the mainstream legal system in the world, but due to various reasons, especially Western colonialism and nationalism, it has in fact declined. Therefore, the purpose of this article is focused to conduct a longitudinal analysis of impact on Islamic law during the colonialist and then nationalist periods. The study was conducted by way of content analysis as well as through the application of inductive and deductive methodologies. The conclusion drawn is that the decline of Islamic law is hindered by the infiltration of Western secularist laws and the internal obstacles from Muslim nation-states, nevertheless Islamic law has never stopped moving forward. There are two main reasons for this is, first, because Western laws are in fact an experiential product developed by Western countries in a specific historical context and which only represents the ideology of Western societies and their citizens. Second, although the nationalist elites of Muslim nation-states have seriously reflected on Western laws in the process of development, combined with the guided willingness of the general public, Islamic law has been deliberately marginalized. In fact, due to the destructive influence of colonial forces as well as the nationalization by Muslims themselves, the function of Islamic law in all aspects of life has been weakened, and then the crisis brought to the Muslim world by this is unprecedented.