Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Typewritten Market: Shariʿah-Compliance and Securitisation in the Law of Islamic Finance

The Typewritten Market: Shariʿah-Compliance and Securitisation in the Law of Islamic Finance AbstractBy taking inspiration from Wisława Szymborska’s poetry and Brinkley Messick’s scholarship, this article interprets the law of Islamic finance as evidence of a radical shift in the social anthropology of Islamic law from classical to contemporary times. To this aim it highlights the changes from fiqh in medieval trade (where individual actions were judged according to rules legitimised by their own local context) to the current process of Shariʿah-compliance, arguing that this process belongs to a textual polity where standardised certificates, contracts and securities have replaced actual social relations in the global financial market. In the light of this, the article advances the notion of Typewritten Market to depict the nature of Islamic finance as a socio-economic space embodying a ‘de-materialised Šarīʿah’: that is to say, a meaning of Islamic law whose contemporary time belongs more to legal/financial technology rather than to Muslim human action. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

The Typewritten Market: Shariʿah-Compliance and Securitisation in the Law of Islamic Finance

Arab Law Quarterly , Volume 35 (1-2): 18 – Jul 13, 2020

Loading next page...
 
/lp/brill/the-typewritten-market-shari-ah-compliance-and-securitisation-in-the-EPTzCzAlni
Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/15730255-BJA10051
Publisher site
See Article on Publisher Site

Abstract

AbstractBy taking inspiration from Wisława Szymborska’s poetry and Brinkley Messick’s scholarship, this article interprets the law of Islamic finance as evidence of a radical shift in the social anthropology of Islamic law from classical to contemporary times. To this aim it highlights the changes from fiqh in medieval trade (where individual actions were judged according to rules legitimised by their own local context) to the current process of Shariʿah-compliance, arguing that this process belongs to a textual polity where standardised certificates, contracts and securities have replaced actual social relations in the global financial market. In the light of this, the article advances the notion of Typewritten Market to depict the nature of Islamic finance as a socio-economic space embodying a ‘de-materialised Šarīʿah’: that is to say, a meaning of Islamic law whose contemporary time belongs more to legal/financial technology rather than to Muslim human action.

Journal

Arab Law QuarterlyBrill

Published: Jul 13, 2020

There are no references for this article.