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Changing interpretations of Shari’a, ‘Urf and Qanun. An anthropologically grounded overview of Islamic encounters with the postenlightenment premises of European Family Law


Ballard, Roger (2013). Changing interpretations of Shari’a, ‘Urf and Qanun. An anthropologically grounded overview of Islamic encounters with the postenlightenment premises of European Family Law. Electronic Journal of Islamic and Middle Eastern Law (EJIMEL), 1(6):115-159.

Abstract

Prepared for a conference on current developments in Islamic Family Law, this paper takes the opportunity to compare and contrast the meaning of ‘law’ in general, and ‘family law’ in particular in the classical Shari’a tradition with the premises which currently underpin contemporary forms of post-enlightment European Family Law. Having done so, it goes on to explore the way in which the institutions of the Shari’a have been comprehensively remoulded (if not yet entirely wholly eliminated) in the course of confrontations with the impact of ‘progressive’ impact of hegemonic European ideological assumptions, no less in colonial, postcolonial and diasporic contexts.

Abstract

Prepared for a conference on current developments in Islamic Family Law, this paper takes the opportunity to compare and contrast the meaning of ‘law’ in general, and ‘family law’ in particular in the classical Shari’a tradition with the premises which currently underpin contemporary forms of post-enlightment European Family Law. Having done so, it goes on to explore the way in which the institutions of the Shari’a have been comprehensively remoulded (if not yet entirely wholly eliminated) in the course of confrontations with the impact of ‘progressive’ impact of hegemonic European ideological assumptions, no less in colonial, postcolonial and diasporic contexts.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 1/2013
Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 1/2013 > Articles
Dewey Decimal Classification:Unspecified
Language:English
Date:2013
Deposited On:07 Jan 2014 15:11
Last Modified:26 Jan 2017 08:55
Publisher:Center for Islamic and Middle Eastern Legal Studies (CIMELS), University of Zurich
ISSN:1664-5707
Free access at:Publisher DOI. An embargo period may apply.
Official URL:http://www.ejimel.uzh.ch

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Licence: Creative Commons: Attribution-NonCommercial-NoDerivs 3.0 Unported (CC BY-NC-ND 3.0)

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