Book contents
- Frontmatter
- Dedication
- Contents
- Acknowledgements
- Glossary
- Table of Cases
- Table of Legislation
- Introduction
- 1 Sharia: The Flowing Stream
- 2 An Elephant in the Room or a Needle in a Haystack? Searching for ‘Islamic’ Constitutionalism(s)
- 3 Contextualizing Family Law Reform and Plural Legalities in Post-colonial Pakistan
- 4 In Search of Legitimacy: The Dilemma of Islamic Finance
- 5 Muslim Women's Contributions to Drafting CEDAW: An Untold Narrative
- 6 CEDAW? What's That? ‘Domesticating’ ‘International’ Women's Human Rights in Muslim Jurisdictions: Reflections on Pakistan's Engagement with CEDAW
- 7 ‘Between the Devil and the Deep Blue Sea’: Sharia Councils and Muslim Women's Rights in the British Muslim Diaspora
- 8 Internet Fatawa: Challenging Tradition and Modernity in Women and Gender Issues
- Conclusion
- Bibliography
- Index
Conclusion
Published online by Cambridge University Press: 05 September 2016
- Frontmatter
- Dedication
- Contents
- Acknowledgements
- Glossary
- Table of Cases
- Table of Legislation
- Introduction
- 1 Sharia: The Flowing Stream
- 2 An Elephant in the Room or a Needle in a Haystack? Searching for ‘Islamic’ Constitutionalism(s)
- 3 Contextualizing Family Law Reform and Plural Legalities in Post-colonial Pakistan
- 4 In Search of Legitimacy: The Dilemma of Islamic Finance
- 5 Muslim Women's Contributions to Drafting CEDAW: An Untold Narrative
- 6 CEDAW? What's That? ‘Domesticating’ ‘International’ Women's Human Rights in Muslim Jurisdictions: Reflections on Pakistan's Engagement with CEDAW
- 7 ‘Between the Devil and the Deep Blue Sea’: Sharia Councils and Muslim Women's Rights in the British Muslim Diaspora
- 8 Internet Fatawa: Challenging Tradition and Modernity in Women and Gender Issues
- Conclusion
- Bibliography
- Index
Summary
Reflecting at the Dihliz
The sheikh of the land of Halba removed his turban and rubbed his hand across his head, then put it back and said, ‘Freedom is the sacred value accepted by everyone.’
I protested: ‘This freedom has overstepped the boundaries of Islam!’
‘But it is also sacred to the Islam of Halba.’
Frustrated, I said: ‘If our Prophet were to be resurrected today, he would reject this side of your Islam!’
‘And were he to be, may the blessings and peace of Allah be upon him. Would he not reject the whole of your Islam?’
Naguib Mahfouz, the Journey of Ibn FattoumaAs we reach the concluding pages of Modern Challenges, the vantage point from where I stand at the dihliz enables me to look back at the ground covered and offer some reflections. My vantage point has opened up for me panoramic views of wide-ranging pluralities within the Islamic legal traditions, especially when I have looked through the lens of culture and tradition. When I have shifted my sightline to look from a Western and a global angle, I have been able to see the multiple challenges and opportunities posed to Islamic law and sharia by tradition and modernity.
The dihliz, this in-between place, is both interior and exterior to the traditions I have sought to explore. Critically placed at the intersection of overlapping discourses and intellectual universes, the dihliz has for me facilitated insights into various texts and interpretations and cultural frameworks. Privileged to have grown up with multiple identities and languages, and with lived experiences from Muslim-majority and non-Muslim jurisdictions, crossing and negotiating boundaries has always come naturally to me. At times and places where civilizations and cultures meet, interact and are transformed, language and terminology assume a great importance. The richness and depth of the Islamic traditions, steeped in so many cultures, can only be captured by listening to ‘linguistic communities’ other than those of the academy. The vital and living oral traditions of Muslim communities continue to inform the day-to-day dynamics of the Islamic legal traditions, and they cannot remain unheeded.
Poised at the dihliz, I conceptualized the sharia as a flowing stream composed of varying currents – intertwined, dynamic, vibrant, and responsive to changing place and time.
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- Modern Challenges to Islamic Law , pp. 262 - 270Publisher: Cambridge University PressPrint publication year: 2016