Abstract

Two approaches to Islamic law reform dominate the modern debate. Islamic "liberalists" seek to reinterpret sacred texts in the modern context, while Islamic "utilitarian's" pick and choose among the preexisting rules within the various schools of Islamic jurisprudence. While the liberal approach is often promoted as a path to a more progressive Islamic law, there is danger in adopting it as the "authentically Islamic" form of legal reform. In comparison with the alternative utilitarian approach, the liberal position offers a much wider scope for policy choice, in both progressive and reactionary directions. In a context of increasing conservatism, the extra freedom of interpretation inherent in the liberal approach threatens to legitimize radical rulings contrary to progressive goals. Recent interpretations of Islamic humanitarian law by extremist Islamists illustrate the negative consequences of a legitimized liberal approach.

School

School of Global Affairs and Public Policy

Department

Law Department

Degree Name

LLM in International and Comparative Law

Date of Award

2-1-2008

Online Submission Date

6-28-2007

First Advisor

Amr Shalakany

Committee Member 1

Tanya Monforte

Committee Member 2

Ann Lesch

Document Type

Thesis

Extent

iv, 26 leaves

Library of Congress Subject Heading 1

Public law (Islamic law)

Library of Congress Subject Heading 2

Islamic law

Library of Congress Subject Heading 3

Hare, David,;Wannūs, Saʻd Allāh,

Rights

The American University in Cairo grants authors of theses and dissertations a maximum embargo period of two years from the date of submission, upon request. After the embargo elapses, these documents are made available publicly. If you are the author of this thesis or dissertation, and would like to request an exceptional extension of the embargo period, please write to thesisadmin@aucegypt.edu

IRB

Not necessary for this item

Call Number

Thesis 2007/59

Location

uarch

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