Title: The Sunni Legal Tradition: An Overview of Pluralism, Formalism, and Reform
Abstract: This chapter ventures into defining the Islamic legal tradition, its main characteristics as a legal tradition. Three main themes shed light on the nature of Islamic law historically. These themes are (1) legal pluralism, (2) legal determinacy, and (3) legal reform. While defining a tradition is hampered by its pluralism, legal determinacy allows for some stability and a better attempt at definition. I argue that in our conceptualization of the Islamic legal tradition we must incorporate the practice of law in the work of judges, rather than narrowly focusing on the black-letter discourse of jurists. It is this interaction, which is captured in several legal genres, that creates a stable legal system. In addition to the realist nature of this approach, it also promises to open up new possibilities for legal reform.
Publication Year: 2021
Publication Date: 2021-12-10
Language: en
Type: book-chapter
Indexed In: ['crossref']
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