Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.
Table of Contents
Contents: Law, politics and society in the post-modern condition; Dynamic legal pluralism; Muslim legal pluralisms; Muslim legal pluralism in England; Muslim legal pluralism in Turkey; Muslim legal pluralism in Pakistan; Post-modern Muslim legality and its consequences; Looking to the future; Bibliography; Index.
'Taking a globality-conscious interdisciplinary theoretical approach, this important study on dynamic legal pluralism advances our knowledge of how, in today's multi-polar world, Muslims can handle conflicts between private and state expectation in a spirit of constructive search for viable solutions.' Professor Werner Menski, SOAS, University of London, UK 'This book poses a challenge to the assumption, in modern legal theory, of the supremacy of state law and to the conception of Islamic law as one dominated by jurists. Instead, it proposes, in a gently radical way, a socio-legal approach that includes local factors and explains how Muslims themselves shape and constitute the law as they exercise their law-making agency. It is a major contribution to discussions in Islamic law, comparative law and legal theory.' Prakash Shah, Lecturer, Queen Mary, University of London, UK 'There are many strong points about this book...The writing style is concise, free of unnecessary jargon, and contains full explanations of Islamic and other technical terms...a timely and valuable contribution...' The Law and Politics Book Review The author explains his argument by way of three interesting case studies. By far the most impressive and interesting is the Turkish experience...This is explored in great detail, well researched and referenced, and usefully contextualized in the historical secularization of the Turkish Republic.' Asian Criminology