Abstract

http://ssrn.com/abstract=982855
 


 



Of Neocolonialism, Common Law and Uncodifiable Shari'a: A Reply to Professor An-Na'Im


Paul H. Robinson


University of Pennsylvania Law School

Adnan Zulfiqar


University of Pennsylvania Law School


Journal of Comparative Law, Vol. 2, 2007
U of Penn Law School, Public Law Research Paper No. 07-20

Abstract:     
In an earlier article -- Robinson et al., Codifying Shari'a: International Norms, Legality & the Freedom to Invent New Forms, http://ssrn.com/abstract=941443 -- the authors report the challenges and opportunities that arose during their commission by the United Nations Development Programme and the Government of the Maldives to produce the first modern comprehensive criminal code based upon Shari'a.

In this brief essay they respond to published criticisms of that project, which asserted, among other things, that Shari'a cannot be codified, that it should not be codified, that the project was a shameful exercise in neocolonialism, that the project was an act of oppression in complicity with an insufficiently democratic government, and that the project was done badly because it got Shari'a wrong, because it sometimes did not follow Shari'a, or because it was insufficiently sensitive to the methodology and process inherent in Shari'a.

Number of Pages in PDF File: 8

Keywords: Islamic Model Penal Code, Shari'a, United Nations Development Program, Republic of the Maldives, codified penal law, sentencing guidelines, international norms, Muslim, drafting, criminal law and procedure

Accepted Paper Series


Download This Paper

Date posted: April 30, 2007 ; Last revised: December 16, 2009

Suggested Citation

Robinson, Paul H. and Zulfiqar, Adnan, Of Neocolonialism, Common Law and Uncodifiable Shari'a: A Reply to Professor An-Na'Im. Journal of Comparative Law, Vol. 2, 2007; U of Penn Law School, Public Law Research Paper No. 07-20 . Available at SSRN: http://ssrn.com/abstract=982855

Contact Information

Paul H. Robinson (Contact Author)
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
Adnan Zulfiqar
University of Pennsylvania Law School
3501 Sansom Street
Philadelphia, PA 19104
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,306
Downloads: 217
Download Rank: 79,993

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.282 seconds