Beyond Beliefs
Deconstructing the Dominant Narratives of the Islamization of Pakistan's Law
Bibliographic Data
| ID | 5345962 |
|---|---|
| Authors | Moeen Cheema (0000-0002-6927-9658, corresponding author) |
| Year | 2012 |
| Volume | 60 |
| Issue | 4 |
| Pages | 875-917 |
| Publication date | 2012-09-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.5131/ajcl.2012.0008 |
| OpenAlex | W3125677500 |
| Language | EN |
| Citations received | 4 |
| References cited | 15 |
The discourse on the Islamization of laws in the legal systems of post-colonial Muslim states is dominated by two conflicting narratives. The dominant Western narrative views the Islamization of laws as the re-incarnation of narrow and archaic laws embodied in discriminatory statutes. In contrast, the dominant narrative of political Islam deems it as the cure-all for a range of social, political and economic ills afflicting that particular Muslim state. This Paper presents a deeper insight into the Islamization of Pakistan's law. Pakistan has three decades of experience with incorporating shari'a law into its Common Law system, an experience which has been characterized by a constant struggle between the dominant Western and Islamist narratives. Pakistan's experience helps us deconstruct the narratives and discourses surrounding Islamization and understand that the project of incorporating Islamic laws in a modern Muslim society must be based upon indigenous demands and undertaken in accordance with the organically evolving norms of recognition, interpretation, modification and enforcement in that society. Furthermore, substantive law cannot be understood or enforced outside of a legal system, its legal culture(s) and professional discourse(s), and of the broader socio-political dialectics that give context and relevance to it. Therefore, we need to shift focus to the systemic problems deeply ingrained in Pakistan's legal system that allow law and legal processes to be used to prolong disputes and cause harassment. Islamic legality can, in fact, play a significant role in breaking down the resistance that vested interests may offer to such a restructuring of the legal system along more egalitarian lines
Art · Islamization · Literature · Narrative · Political science · Sociology · Asian Studies and History · Law · Politics and Conflicts in Afghanistan, Pakistan, and Middle East · Terrorism, Counterterrorism, and Political Violence
A General Jurisprudence of Law and Society
Islam and the State
Islam and the Constitutional Problem of Pakistan
From Islamic to Middle Eastern Law a Restatement of the Field (Part I)
Islamic Opposition to the Islamic State
Pakistan's Lingering Crisis of Dyarchy
Islamization in Pakistan
Women's Position in Pakistan
The Politics of (Mis)recognition
The Egalitarian Face of Islamic Orthodoxy
Framed, Blamed and Renamed
The Rise of Sunni Militancy in Pakistan
Islamization and Legal Reform in Pakistan, 1979-1989
What Is Islamic Law
| Citations per year | 0.33 |
|---|---|
| Citation span | 2014 - 2019 (6) |
| Highly cited | No |