1 1Charles Howard Chandler Professor of Law, Emory University, Atlanta, GA, USA. This article was originally presented as a paper at the 1998 Professor Noel Coulson Memorial Lecture, School of Oriental and African Studies, University of London, 7 December 1998.
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, TowardanIslamicReformation:CivilLiberties,HumanRigbtsandInternationalLaw, Syracuse, NY, USA, Syracuse University Press, 1990, Chapter 2. "Allegory of the rule (hukm): law as simulacrum in Islam?" HistoryofReligion, 1998, pp. 1-24, at p. 12.
7 Bernard Weiss, TheSpiritof IslamicLaw, Athens, GA, USA, University of Georgia Press, 1998. p. 120. 8 Ibid., p. 116. Emphasis in original. 9Ibid., pp. 120-122.
10ConflictsandTensionsinIslamic Jurisprudence, p. 34. 11Ibid., 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, TowardanIslamicReformation.