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The compatibility dialectic : mediating the legitimate coexistence of Islamic law and state law
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An-Nacim, Abdullahi Ahmed (2010) The compatibility dialectic : mediating the legitimate coexistence of Islamic law and state law. Modern Law Review, Volume 73 (Number 1). pp. 1-29. doi:10.1111/j.1468-2230.2009.00782.x ISSN 0026-7961.
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Official URL: http://dx.doi.org/10.1111/j.1468-2230.2009.00782.x
Abstract
Islamic Law is not now and cannot be the state law of any state, whether Muslims are the majority or minority of the population. This view does not dispute the religious authority of Islamic Law for Muslims, which exists only outside the framework of the state. Still, some principles of Islamic Law should be relevant to the public discourse, provided the argument is made in terms of what the author calls 'civic reason' and not simply by assertions of religious conviction. While the two are different types of normative systems, each based on its own sources of authority and legitimacy, there are possibilities of compatibility and mutual influence between Islamic Law and state law as complementary normative systems, without requiring either to conform to the nature and role of the other. This lecture examines the requirements, scope and dynamics of this dialectic relationship, whether Muslims are majority or minority.
| Item Type: | Journal Article | ||||
|---|---|---|---|---|---|
| Subjects: | K Law [Moys] > KB General and Comparative Law K Law [Moys] > KD Religious Systems |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Library of Congress Subject Headings (LCSH): | Islamic law, Constitutional law, Religion and law, Comparative law | ||||
| Journal or Publication Title: | Modern Law Review | ||||
| Publisher: | Wiley-Blackwell Publishing Ltd. | ||||
| ISSN: | 0026-7961 | ||||
| Official Date: | 2010 | ||||
| Dates: |
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| Volume: | Volume 73 | ||||
| Number: | Number 1 | ||||
| Page Range: | pp. 1-29 | ||||
| DOI: | 10.1111/j.1468-2230.2009.00782.x | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published |
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