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  • 9 - The Sunni Legal Tradition: An Overview of Pluralism, Formalism, and Reform

  • from Part II - The Concept of Tradition
  • Edited by Helge Dedek, McGill University, Montréal
  • Book:
    A Cosmopolitan Jurisprudence
    Published online:
    10 December 2021
    Print publication:
    16 December 2021, pp 180-201

  • Summary

    This chapter ventures into defining the Islamic legal tradition, its main characteristics as a legal tradition. Three main themes shed light on the nature of Islamic law historically. These themes are (1) legal pluralism, (2) legal determinacy, and (3) legal reform. While defining a tradition is hampered by its pluralism, legal determinacy allows for some stability and a better attempt at definition. I argue that in our conceptualization of the Islamic legal tradition we must incorporate the practice of law in the work of judges, rather than narrowly focusing on the black-letter discourse of jurists. It is this interaction, which is captured in several legal genres, that creates a stable legal system. In addition to the realist nature of this approach, it also promises to open up new possibilities for legal reform.