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Electronic Journal of Islamic and Middle Eastern Law

New publication: Changing interpretations of Shari’a, ‘Urf and Qanun

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

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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