Islamic Law and the Colonial Encounter: On the Discourse of 'Muhammedan' Law in British India

15 Pages Posted: 3 Nov 2012

See all articles by Anisur Rahman

Anisur Rahman

Independent University, Bangladesh

Date Written: July 1, 2012

Abstract

This essay unfolds the secrets of the transformation of the Islamic law into Mohammedan law in the British India. In this essay it is observed that Muhammedan law is nothing but the blended version of the Islamic law by way of interpretation as well as codification. It is argued in this essay that the ‘Muhammedanism’ is a discourse which illuminates the symbol of exercising the sovereign power by the British coloniser in India. In addition, the author makes a point that the ‘discourse of Muhammedan law’ is a new form of westernising the Islamic traditions in India which was developed and nurtured by the Orientalist intellectuals, British judges and their allies in India. Finally, the essay offers a proposition that the resemblance between the colonial and post-colonial judges on the question of human interpretation of the Islamic law is a significant contribution of the ‘Muhamadanism’.

Suggested Citation

Rahman, Anisur, Islamic Law and the Colonial Encounter: On the Discourse of 'Muhammedan' Law in British India (July 1, 2012). Available at SSRN: https://ssrn.com/abstract=2170464 or http://dx.doi.org/10.2139/ssrn.2170464

Anisur Rahman (Contact Author)

Independent University, Bangladesh ( email )

Bashundhara R/A
Dhaka, 1229
Bangladesh

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