Book contents
- A Cosmopolitan Jurisprudence
- ASCL Studies in Comparative Law
- A Cosmopolitan Jurisprudence
- Copyright page
- Epigraph
- Contents
- Foreword
- Acknowledgements
- Notes on Contributors
- Images
- Introduction
- Part I The Tradition of Comparative Law
- Part II The Concept of Tradition
- 6 Too Much Information
- 7 Legal Systems as Legal Traditions
- 8 Learning from Patrick Glenn: Tradition, Change, and Innovation
- 9 The Sunni Legal Tradition: An Overview of Pluralism, Formalism, and Reform
- 10 Commensurability, Comparative Law, and Confucian Legal Tradition
- Part III Crossing Boundaries
- H Patrick Glenn Publications
- Index
9 - The Sunni Legal Tradition: An Overview of Pluralism, Formalism, and Reform
from Part II - The Concept of Tradition
Published online by Cambridge University Press: 10 December 2021
- A Cosmopolitan Jurisprudence
- ASCL Studies in Comparative Law
- A Cosmopolitan Jurisprudence
- Copyright page
- Epigraph
- Contents
- Foreword
- Acknowledgements
- Notes on Contributors
- Images
- Introduction
- Part I The Tradition of Comparative Law
- Part II The Concept of Tradition
- 6 Too Much Information
- 7 Legal Systems as Legal Traditions
- 8 Learning from Patrick Glenn: Tradition, Change, and Innovation
- 9 The Sunni Legal Tradition: An Overview of Pluralism, Formalism, and Reform
- 10 Commensurability, Comparative Law, and Confucian Legal Tradition
- Part III Crossing Boundaries
- H Patrick Glenn Publications
- Index
Summary
This chapter ventures into defining the Islamic legal tradition, its main characteristics as a legal tradition. Three main themes shed light on the nature of Islamic law historically. These themes are (1) legal pluralism, (2) legal determinacy, and (3) legal reform. While defining a tradition is hampered by its pluralism, legal determinacy allows for some stability and a better attempt at definition. I argue that in our conceptualization of the Islamic legal tradition we must incorporate the practice of law in the work of judges, rather than narrowly focusing on the black-letter discourse of jurists. It is this interaction, which is captured in several legal genres, that creates a stable legal system. In addition to the realist nature of this approach, it also promises to open up new possibilities for legal reform.
Keywords
- Type
- Chapter
- Information
- A Cosmopolitan JurisprudenceEssays in Memory of H. Patrick Glenn, pp. 180 - 201Publisher: Cambridge University PressPrint publication year: 2021