Continuity, Diversity and Change in the Islamic Legal Tradition (SPECIAL ISSUE DEDICATED TO PROF. SAWADA)

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In the last few decades, Islamic law has experienced a revival and is exerting considerable influence on the legal systems of several countries in the Middle East and other parts of the world. Although the influence of the West on Islamic society brought about significant changes in many areas of the law and legal practice and there may be a greater or lesser degree of deviation from the core orthodox tenets of Islam, the law of Islamic countries cannot be said to have assimilated with Western law. Islamic law remains a living tradition which, like other traditions of law, has been dynamic to keep pace with the changing conditions and needs of the societies it serves. The present article outlines the historical origins of Islamic law and explores the cultural, socio-political and ideological factors that shaped its development. The nature of the sources of law is examined, with particular attention being paid to the role of Islamic jurisprudence in legal development. It is submitted that as Islamic societies continue to evolve, law will remain a central element in the ideological and political battle being fought between traditionalism and modernism under the impact of Western, international and transnational legal frameworks.

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  • 法政理論

    法政理論 56 (4), 93-131, 2024-03

    新潟大学法学会

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