Chapter

Clearing Ground: Commentary to ‘Shari‘a and the Modern State’

Muhammad Khalid Masud

in Islamic Law and International Human Rights Law

Published in print October 2012 | ISBN: 9780199641444
Published online January 2013 | e-ISBN: 9780191741104 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641444.003.0006
Clearing Ground: Commentary to ‘Shari‘a and the Modern State’

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The discussions on Shari'a and international law in Chapters 1 and 2, respectively, demystify the concept of the ‘rule of law’ and point to the dynamic nature of law, which keeps unfolding itself in the form of a continuous tension between ‘claims’ and ‘practices’. They suggest taking the idea of ‘rule of law’ as a starting point for a legal tradition that informs a political set up. Rule of law, in this case, would include such basic ideas as ‘governance’, ‘ordering’, and ‘justice’, which in turn inform such legal concepts as legality, legitimacy, and authority. This chapter suggests some areas of ambiguity relating to Islamic and international law that call for clarity. It presents a brief analysis of the five crucial terms Shari'a, Fiqh, Siyasa, Hukm, and Siyar relating to Muslim jurists' conception of ‘law’ and ‘international law’.

Keywords: rule of law; claims; practices; governance; ordering; Shari'a; fiqh; siyasa; hukm; siyar

Chapter.  5743 words. 

Subjects: Human Rights and Immigration

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