Abstract
Islamic law has changed radically in the last 150 years: this paper focusses
on the dramatic transformation of Islamic law during the British colonial
period in three cases: India, Malaya and Egypt, and its effects in the postcolonial
state. It argues that colonial and local elites negotiated the scope,
content and meaning of Islamic law in each case, creating new definitions of
Islamic law, family, private/public space, ethnic, religious and gender
identities. Original archival research shows that Islamic law is a product of political
activity, and that legal norms traveled among colonial sites, limiting Islamic
law to a narrow scope of private, ‘religious’ law, and defining contemporary
possibilities for change. This project presents a new argument: that Islamic
law in the contemporary state is a modern construction with important
ramifications for ethnic and religious identity, state institutions and elite
power in the Muslim world today. This study challenges the prevailing
popular view of Islamic law – and Muslim adherence to Islamic law – as a
monolith, offering instead a view of Islamic law as locally specific, intensely
political, and richly varied.
Discipline
Geographic Area
Egypt
India
Islamic World
Malaysia
Sub Area
None