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The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms of (...) |
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Globalizing processes have rendered as analytically insufficient accounts of authority in the Muslim world that rely exclusively on the interaction between text, discursive method and personified knowledge. The construction and negotiation of globalized authority in Islam, it is argued, can only be understood by reference to a set of pluralizing processes that intensify and in some instances radicalize a tendency towards authoritative pluralism that has long been present in Islam. This can be understood in terms of functionalization, or changes in (...) |