Legal Pluralism Between Islam and the Nation-State: Romantic Medievalism or Pragmatic Modernity?

Sherman A. Jackson

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Religious Freedom and Discrimination Islamic Studies and History Indigenous Peoples' Rights and Law

Abstract

This Essay attempts a reconciliation of sorts between two perspectives on legal pluralism, via specific reference to Islamic law, most notably in its pre-modern guise. The Essay begins with a provisional commitment to legal centralism, but primarily as a means of securing a functional place for sub-State reglementary regimes. To this end, legal centralism, as presented, is tempered by a demonstration that, even where the State enjoys an exclusive monopoly on the application of sanctions with impunity, it need not be the actual source of every rule it recognizes or applies as law.

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