Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-wxhwt Total loading time: 0 Render date: 2024-07-11T12:56:24.385Z Has data issue: false hasContentIssue false

5 - Islamic law: God's law or men's law?

Published online by Cambridge University Press:  09 November 2009

Werner F. Menski
Affiliation:
School of Oriental and African Studies, University of London
Get access

Summary

The present chapter aims to provide a detailed historical overview of Islamic law in comparative perspective. It seeks to demonstrate that Islamic law, too, is built on a notion of plurality-consciousness and can be examined within the triangular model of global legal theory explored in the present study. In comparison with Hindu law, scholarship on Islamic law seems to be much more securely anchored around the world. This does not mean that knowledge about Islamic law is better developed or that its place within a plurality-focused global analysis is easier to define. Scholarship on Islamic law is spread widely, available in many different languages apart from Arabic and English, and so diffuse in terms of approaches, sectarian and school traditions that a full overview is impossible. The present analysis concentrates on those aspects that further understanding of how Islamic law, as a religion-based legal system, manages to reconcile the doctrinal centrality of religious belief with its inherent plurality of socio-cultural manifestations. It is a case study mainly in how natural law and socio-legal approaches interact, while concepts of state positivism are not absent. This chapter highlights how Islamic law has achieved and largely maintained a sophisticated degree of plurality-consciousness, albeit often obfuscated by theological polemics and political rhetoric.

The chapter explores in depth the tensions within Islamic law concerning its claims to uniformity and global validity and the pluralities created by human social and political life.

Type
Chapter
Information
Comparative Law in a Global Context
The Legal Systems of Asia and Africa
, pp. 279 - 379
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×