CIAO DATE: 04/2015
April 2014
The recent developments in predominantly Muslim regions of the world reveal that the question of the constitution and legalization of statehood with reference to Islam presents greater challenges to local authorities than originally expected by many. The dichotomy of law as “divine statute” or “human statute” is only seemingly useful because the “divine statute” of Islamic law has always been standardized and applied within the framework of human order. The prominent position between a supratemporal norm and an unpredictable variety of everyday life reveals the legal cultural diversity of contemporary Islam. In a governance- theoretical analysis, the pluralism of Islamic authorities and institutional actors who interpret the law, especially the law schools (maḏhab, Pl. maḏāhib), therefore need to be taken into account. Their choice of methods and special dogmatic doctrines have since been taken over by the local, national, and state authorities in the finding of justice and application of the law. Their terms, methodology and regulatory structures are presented, explained and shall thereby be made available to a wider readership.
Resource link: Binnenpluralität des Islamischen Rechts - Diversität religiöser Normativität rechtsdogmatisch und -methodisch betrachtet [PDF] - 749K