Sharī‘a and State Law

Relevance of Islamic Legal History for the Application of Muslim Family Law in the West

in Journal of Law, Religion and State
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

The growing numbers of Muslims in the West have ignited a debate about the compatibility of Sharī‘a with state law. The present article explores the issue from a historical perspective by providing a brief survey of Islamic legal history. It specifically focuses on the interaction of Sharī‘a with the English legal system in colonial India. The main argument of the article is that during its long history, Sharī‘a co-existed with the ruler’s law (siyāsa) and customary law (‘urf). It was formally incorporated into the structure of the state with the active participation of Muslim legal commentators, judges, lawyers, politicians, and the ‘ulamā’ in colonial India. The incorporation of Sharī‘a into the state law was facilitated through the transplantation of legislative and hierarchical judicial institutions, which provided venues for a legal discourse among various stakeholders. Historical evidence suggests the feasibility of incorporating Sharī‘a into state law in Western democratic countries.

Sharī‘a and State Law

Relevance of Islamic Legal History for the Application of Muslim Family Law in the West

in Journal of Law, Religion and State

Sections

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 32 32 7
Full Text Views 10 10 10
PDF Downloads 3 3 3
EPUB Downloads 0 0 0