Teaching Islamic Law in a Positivist Environment
Research output: Contribution to conference › Conference abstract for conference › Research › peer-review
Standard
Teaching Islamic Law in a Positivist Environment. / Afsah, Ebrahim.
2017. Abstract from Teaching Comparative Law in Asia, Singapore, Singapore.Research output: Contribution to conference › Conference abstract for conference › Research › peer-review
Harvard
APA
Vancouver
Author
Bibtex
}
RIS
TY - ABST
T1 - Teaching Islamic Law in a Positivist Environment
AU - Afsah, Ebrahim
PY - 2017/9/28
Y1 - 2017/9/28
N2 - The reception of Western rational, bureaucratic law and the corresponding institutions of the corporate, Weberian state into Muslim nations has not been a particularly successful experience. Unlike most non-Muslim Asian nations, primarily Japan, China and Korea, Muslim nations have found it exceedingly difficult to reconcile the legal and governance notions they had inherited from their own history with the demands of modern Western public law. The reception has been haphazard, uneven and fraught with an enduring normative and cognitive resistance to its logical strictures, due to the desire to maintain an ‘authentic,’ distinctly Islamic social model.This presentation seeks to investigate the particular benefits for applying to the research and instruction of the ‘sacred law’ of Islam (as Weber would have it) the methodological rigour and tools of critical analysis derived from positivist corporatist law.
AB - The reception of Western rational, bureaucratic law and the corresponding institutions of the corporate, Weberian state into Muslim nations has not been a particularly successful experience. Unlike most non-Muslim Asian nations, primarily Japan, China and Korea, Muslim nations have found it exceedingly difficult to reconcile the legal and governance notions they had inherited from their own history with the demands of modern Western public law. The reception has been haphazard, uneven and fraught with an enduring normative and cognitive resistance to its logical strictures, due to the desire to maintain an ‘authentic,’ distinctly Islamic social model.This presentation seeks to investigate the particular benefits for applying to the research and instruction of the ‘sacred law’ of Islam (as Weber would have it) the methodological rigour and tools of critical analysis derived from positivist corporatist law.
UR - https://law.nus.edu.sg/pdfs/cals/events/ComparativeLawAsia2017_Call_for_Papers.pdf
M3 - Conference abstract for conference
T2 - Teaching Comparative Law in Asia
Y2 - 28 August 2017
ER -
ID: 181677128