Book contents
- Frontmatter
- Contents
- Preface and acknowledgments
- Introduction
- Part I The pre-modern tradition
- Part II The law: an outline
- Part III The sweep of modernity
- 13 The conceptual framework: an introduction
- 14 The jural colonization of India and South-East Asia
- 15 Hegemonic modernity: the Middle East and North Africa during the nineteenth and early twentieth centuries
- 16 Modernizing the law in the age of nation-states
- 17 In search of a legal methodology
- 18 Repercussions: concluding notes
- Appendix A Contents of substantive legal works
- Appendix B Chronology
- Bibliography
- Index
18 - Repercussions: concluding notes
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface and acknowledgments
- Introduction
- Part I The pre-modern tradition
- Part II The law: an outline
- Part III The sweep of modernity
- 13 The conceptual framework: an introduction
- 14 The jural colonization of India and South-East Asia
- 15 Hegemonic modernity: the Middle East and North Africa during the nineteenth and early twentieth centuries
- 16 Modernizing the law in the age of nation-states
- 17 In search of a legal methodology
- 18 Repercussions: concluding notes
- Appendix A Contents of substantive legal works
- Appendix B Chronology
- Bibliography
- Index
Summary
It cannot be overstated that, for over a millennium, the Sharīʿa represented a complex set of social, economic, moral and cultural relations that permeated the epistemic structures of the social and political orders. It was a discursive practice in which these relations intersected with each other, acted upon each other and affected one another in multiple ways. Involving institutions, groups and processes that resisted, enhanced and dialectically affected each other, this discursive practice manifested itself as much in the judicial process as in writing, studying, teaching and documenting. It involved a political representation in the name of Sharīʿa values, and strategies of resistance against political and other abuses, as well as a cultural rendering of law in practice, where cultural categories meshed into fiqh, legal procedure, moral codes and much else. It involved a deeply moral community which law, in its operation, took as granted, for it is a truism that the Sharīʿa itself was constructed on the assumption that its audiences and consumers were, all along, moral communities and morally grounded individuals. It involved a complex and sophisticated intellectual system in which the jurists and the members of the legal profession were educators and thinkers who, on the one hand, were historians, mystics, theologians, logicians, men of letters and poets, and, on the other, contributed to the forging of a complex set of relations that at times created political truth and ideology while at other times it confronted power with its own truth.
- Type
- Chapter
- Information
- Sharī'aTheory, Practice, Transformations, pp. 543 - 550Publisher: Cambridge University PressPrint publication year: 2009