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Islamic Law in the Modern World

Islamic Law in the Modern World The essay provides a general account of some of the main changes that Islamic law has undergone since the late 19th century: the transformation of Islamic law from a jurists’ law to a statutory law; the displacement of the ʿulamāʾ as the exclusive interpreters of Islamic law; and the secularization and nationalization of Islamic law through the judicial practice of the Constitutional Court and civil courts in Egypt. Other issues include the impact of the West on Islamic law; the reduction of Islamic law in Turkey to the sta-tus of custom; the collapse of traditional family law and the waqf institution; the Isla-mization of custom in tribal societies; and the application of Islamic law in a non-Muslim state. In the conclusion, I assess the chances of reinstating Islamic law and Islamizing the statutory legal corpus based on the experience of Iran, the Sudan and Egypt. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Islamic Law and Society Brill

Islamic Law in the Modern World

Islamic Law and Society , Volume 21 (3): 276 – Jun 30, 2014

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Publisher
Brill
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9380
eISSN
1568-5195
DOI
10.1163/15685195-00213p04
Publisher site
See Article on Publisher Site

Abstract

The essay provides a general account of some of the main changes that Islamic law has undergone since the late 19th century: the transformation of Islamic law from a jurists’ law to a statutory law; the displacement of the ʿulamāʾ as the exclusive interpreters of Islamic law; and the secularization and nationalization of Islamic law through the judicial practice of the Constitutional Court and civil courts in Egypt. Other issues include the impact of the West on Islamic law; the reduction of Islamic law in Turkey to the sta-tus of custom; the collapse of traditional family law and the waqf institution; the Isla-mization of custom in tribal societies; and the application of Islamic law in a non-Muslim state. In the conclusion, I assess the chances of reinstating Islamic law and Islamizing the statutory legal corpus based on the experience of Iran, the Sudan and Egypt.

Journal

Islamic Law and SocietyBrill

Published: Jun 30, 2014

Keywords: Western law; Turkey; Islamic law; jurists’ law; ʿulamāʾ ; family law; waqf ; custom and tribal customary law; legal methodologies; constitutions; Constitutional Court; judicial practice; Egypt; secularization of Islamic law; Islamization of statutory law; reinstatement of Islamic law; Iran; the Sudan; Israel; ijtihād ; maṣlaḥa ; mursala ; siyāsa sharʿiyya ; Saudi Arabia; Muslim Brothers; Ḥamās

References

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