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January 1, 2008Islamic Law and Society69 citations

Legal Pluralism and the Study of Shari'a Courts

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ISIdo Shahar

Key Points

  • This article examines the importance of legal pluralism in the analysis of shari'a courts and their relationships with other legal systems and qadis.
  • Systematic assessment of legal pluralism theories and their application to shari'a courts.
  • Analysis of the interactions between shari'a courts and other legal tribunals.
  • Discussion of the relations among qadis from different madhhabs.
  • Legal pluralism offers valuable insights into the relations among various legal systems, highlighting interactions among shari'a courts and other jurisdictions.
  • Understanding the dynamics between qadis from diverse madhhabs enriches the discourse on legal pluralism and Islamic law.

Abstract

Abstract Legal pluralism has emerged in the last few decades as a prominent theoretical perspective in socio-legal research. Recently, scholars of Islamic law have begun to employ analytical concepts and theoretical insights drawn from this theoretical framework in their studies of Islamic law and shari'a courts. In this article I argue that the time has come for a systematic assessment of the relevancy of a legal-pluralist perspective for the study of shari'a courts. Specifically, I discuss its potential contribution for understanding relations between shari'a courts and other tribunals, and between qadis affiliated with different madhhabs.

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Cite This Study

Ido Shahar (2008) studied this question.

synapsesocial.com/papers/6a1735b1ebb2105c0b2c2e1fhttps://doi.org/10.1163/156851908x287280
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