Traditional Islamic law (shar??a) refers to a diverse set of norms that developed within social and historical circumstances quite different from those of the modern nation-state. The 20th century saw traditional modes of law and governance in the Muslim world replaced by codes and constitutions from Europe and the United States in increasingly cosmopolitan societies. These developments raise fundamental questions about legal authority, institutional design and constitutionalism in the Muslim world, past and present. Much like the doctrine of originalism in American constitutional law, any invocation of Islamic law today typically asserts claims of fidelity to historical ?truth?: present understandings of the commands of Muhammad and other early ?Founders.? This course will survey Islamic law in historical and modern contexts, from a comparative law perspective. Moving from the early to the modern, we will survey the three most pressing areas in which early Islamic legal norms remain relevant today?criminal law, family law, and Islamic finance. We will also examine new controversies in Islamic constitutionalism (where shar??a has been a source of state law) that have emerged in Egypt, Tunisia, and elsewhere after the 2011 Arab Spring. Throughout, we will aim to understand social and historical forces that shape definitions, doctrines, and developments in Islamic law; and to engage in comparative analysis to assess generalizations about law typically formulated with respect to Western legal traditions.
The course will meet Mondays and Tuesdays, from 1.20-2.50 in WCC 3011. The first meeting is Monday, September 10th. The syllabus and required texts for the first week have just been posted to the course website, and the course materials will be available electronically and in hard copy at the copy center. The first class will be mostly lecture, but please come prepared to discuss the assigned reading for Tuesday.
Source: https://blogs.law.harvard.edu/adup/2012/09/10/intro-to-islamic-law-new-course-first-assignments/
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