European Parliament Library

Positive law from the Muslim world, jurisprudence, history, practices, Baudouin Dupret

Positive law from the Muslim world, jurisprudence, history, practices, Baudouin Dupret
Bibliography note
Includes bibliographical references and index
index present
Literary form
non fiction
Main title
Positive law from the Muslim world
Nature of contents
Oclc number
Responsibility statement
Baudouin Dupret
Series statement
The law in context series
Sub title
jurisprudence, history, practices
Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation
Table of contents
Law as a concept -- The great divide in legal discourse : towards a global historical ontology of the concept of positive law -- Legal praxeology : into perspective and into practice -- Politics made into law : determinism and contingency in Moroccan constitutionalism -- The legal reification of the mind : the development of forensic psychiatry in Egyptian law and justice -- From 'urfto qânûn 'urfî : the legal positivization of customs -- General and particular : the legal rule and an Islamic swimsuit in a secular context -- Filling gaps in legislation : the use of fiqh in contemporary courts in Morocco, Egypt, and Indonesia -- Playing by the rules : the search for legal grounds in homosexuality cases (Indonesia, Lebanon, Egypt, Senegal)