An IASH Work-in-Progress seminar, delivered by Dr Muhamad Rofiq Muzakkir (IASH-Alwaleed Postdoctoral Fellow, 2023-24)
Decolonial Critiques on the Modernization of Islamic Juristic Theories
For centuries prior to the modern era, Islamic law was a vibrant, decentralized, and diverse system that defined Muslim societies. It comprises legal rulings, interpretive traditions, judicial structures, and educational systems. However, the onslaught of colonialism and modernity brought about a catastrophic upheaval, dismantling the very fabric of traditional law and replacing it with a homogenized, state-controlled apparatus. The so-called reformist scholars valorized this shift toward the centripetal tendency of law and simultaneously constructed utilitarian legal hermeneutics to underpin it.
My presentation examines the works of Wael B. Hallaq (b. 1955) and Khaled Abou El Fadl (b. 1963), two American scholars, who challenge the dominant narrative of legal reform in Muslim societies. Specifically, I will examine their critique of the nation-state, which replaced the millennium-old system of the caliphate, and how this new colonial system impacts the implementation of law. I will further delve into their thoughts on the complex web of colonialism, orientalism, and legal reform that has hijacked Islamic law. I will finally discuss their bold proposals for reclaiming traditional legal epistemology and reimagining the relationship between religion, law, and governance, highlighting the commonalities and differences between their approaches.
Please join in-person, or click the link below to join the webinar:
https://ed-ac-uk.zoom.us/j/81857401179
Passcode: 6aSe7GF7