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12 - Changes in Law

Published online by Cambridge University Press:  05 September 2013

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Summary

The constitutions which we have considered have afforded us as nearly as circumstances allow to discover what kind of a state Muslims in the countries visited are building after victory over foreign domination or tutelage. While discussing these constitutions, we have drawn certain conclusions largely based on the law in force and on the attitudes and views of different groups of citizens of modern national states which they hold in respect of the Sharī‘a of Islam. The question of change and adaptation had to be treated in general with as much detail as was necessary in order to illustrate these differences. Now it remains to describe summarily some changes in more detail, changes which concern personal status law which, to repeat, has always been that part of the Sharī‘a which was observed by all Muslims. One of the main reasons for this hold of tradition throughout the ages is naturally that it was connected with religious customs even though marriage in Islam is primarily a legal contract followed by a religious ceremony. Divorce and inheritance are also legally regulated. Another no less important reason was that personal status law was outside and far removed from politics. It need therefore not be disturbed and, moreover, together with cult and ritual preserved the religious character of the personal and, often also, of the social life of Muslims.

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Publisher: Cambridge University Press
Print publication year: 1965

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  • Changes in Law
  • Rosenthal
  • Book: Islam in the Modern National State
  • Online publication: 05 September 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511753299.014
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  • Changes in Law
  • Rosenthal
  • Book: Islam in the Modern National State
  • Online publication: 05 September 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511753299.014
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Changes in Law
  • Rosenthal
  • Book: Islam in the Modern National State
  • Online publication: 05 September 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511753299.014
Available formats
×