Encountering Islamic Law

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Of all of the ideas that we discussed in class, I found the concept of Law and Orientalism the most interesting and thought provoking. As I was reading Encountering Islamic Law by John Strawson (1993), I came across some very fascinating perceptions and it is these theories and ideas that are the main focus of this paper. The author begins his essay with the argument that it is the representation of Islamic law in Western literature that has lead to two consequences; first that Islamic law is constructed as backwards; and second that Western legal systems are superior. However I believe that even though Colonialism and the power relation between the West and the Islamic World have had a great impact, they can not be accounted for as the sole creators of the ‘Backward’ image. I learned in my Anthropology of Law course that Law that is observed in reality, is the concept of ‘living’ law as opposed to the ideology of a set of fixed unchangeable rules. The Western law dates back to the time of Moses and since then it has developed and specialized as an institution and a complex process that regulates social order in complex societies, it has legitimacy and is accepted world wide. Shariah or the Islamic law on the other hand is a way of life, its objective is to construct rulings which are best suited to the prevailing circumstances and responds to the legitimate needs and interest of the people. As Mahammad Hashim Kamali writes in his book Shariah Law: An Introduction Governance in Islam is not a matter of simply rule by the Text but of politics and administration by judicious rulers whose decisions are guided by Shariah, but who also consider a variety of other factors that could not be encapsulated by legal text alone. This shows that Islamic law has room for changes and can accommodate modern practices and cater to the changing conditions of the society. I feel that
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