Shari‘a and Positive Legislation: is an Islamic State Possible or Viable?

in Yearbook of Islamic and Middle Eastern Law Online
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Shari‘a and Positive Legislation: is an Islamic State Possible or Viable?

in Yearbook of Islamic and Middle Eastern Law Online

References

By the term shari`a, I mean the religious normative system of Islam. I prefer to use this term rather than Islamic law precisely because my argument here is that sha�-i`a cannot be enacted into law and remain a religiously sanctioned normative system.

2 Chicago and London, University of Chicago Press, 1969.

ConflictsandTension, p. 41.

Edinburgh, University of Edinburgh Press, 1964. See Abdullahi Ahmed An-Na'im, Toward an Islamic Reformation: Civil Liberties, Human Rigbts and International Law, Syracuse, NY, USA, Syracuse University Press, 1990, Chapter 2. "Allegory of the rule (hukm): law as simulacrum in Islam?" History of Religion, 1998, pp. 1-24, at p. 12.

7 Bernard Weiss, The Spirit of Islamic Law, Athens, GA, USA, University of Georgia Press, 1998. p. 120. 8 Ibid., p. 116. Emphasis in original. 9 Ibid., pp. 120-122.

10ConflictsandTensionsinIslamic Jurisprudence, p. 34. 11 Ibid., pp. 35-36.

lx During discussion at a seminar commemorating the 50th anniversary of the Declaration of Human Rights, Royal Netherlands Academy of Science, Amsterdam, The Netherlands, 10-11 December 1998.

�3 See generally, An-Na`im, Toward an Islamic Reformation.

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