Muslim Laws, Politics and Society in Modern Nation States: Dynamic Legal Pluralisms in England, Turkey and Pakistan
Muslim Laws, Politics and Society in Modern Nation States: Dynamic Legal Pluralisms in England, Turkey and Pakistan, Ihsan Yilmaz, Ashgate Publishing, England, 2005
49 Pages Posted: 16 Feb 2013
There are 2 versions of this paper
Muslim Laws, Politics and Society in Modern Nation States: Dynamic Legal Pluralisms in England, Turkey and Pakistan
Muslim Laws, Politics and Society in Modern Nation States: Dynamic Legal Pluralisms in England, Turkey and Pakistan
Date Written: 2005
Abstract
The study also elaborates on the question of what would be a proper response from the side of both modern legal systems and Muslims to the challenge of post-modern legality. In that context, the question whether a Muslim personal law system can and needs to be introduced in Britain and Turkey will be examined. On this issue, the current situation of Pakistani Muslim law, and problems and issues in the Pakistani personal law system, are matters of considerable relevance and shed important light on the debates in Britain and Turkey. The case of Pakistan shows most clearly that whether one introduces a personal law system (and gives recognition to Muslim family law) or not, legal diversity and legal pluralism will not be overcome.
This study first attempts to depict a clear picture of the operation of law in society with special reference to legal pluralism studies. The study also endeavours to apply the theories of legal pluralism to the practical sphere of Muslims, Muslim laws and legal postulates. Thus, it portrays the Muslim dimension of jurisprudence or legal philosophy studies vis-à-vis legal pluralism. Muslim legal pluralism can exist at four different levels: Individual, communal, national, cross-national or global. Firstly, legal pluralism emerges at the individual level of the Muslim. Secondly, one sees legal pluralism at the community level. Thirdly, legal pluralism is an issue at stake on a national level within the borders of a country. Fourthly, legal pluralism emerges as a cross-national or global phenomenon as a result of the notion of universal ummah.
Keywords: Islam, legal pluralism, dynamic legal pluralism, Islamic law, Turkey, Pakistan, Britain
JEL Classification: Z00
Suggested Citation: Suggested Citation