A Continuity of Shari'a: Political Authority and Homicide in the Nineteenth Century

In the second half of the nineteenth century, new criminal codes were developed in the Muslim World, which were influenced by colonialism and the desire to control populations. Brian Wright's book A Continuity of Shari‘a challenges this view by examining the Egyptian, Ottoman, and Indian contexts and arguing that the criminal systems of the late nineteenth century have more connections to their past than is previously understood. It will be of interest to scholars and students of Islamic Studies, Islamic Law, and Islamic Legal History.

Format: Hardback
Length: 240 pages
Publication date: 07 March 2023
Publisher: American University in Cairo Press

In the latter half of the 19th century, states across the Muslim world embarked on a transformative journey, crafting new criminal codes and reshaping their legal landscapes. This pivotal period laid the foundations for the systems that continue to guide the administration of justice today. Influenced by colonialism and the growing desire of modern states to exert control over their populations, many viewed the introduction of these codes as a significant departure from the shariʼa, the dominant paradigm in premodern Muslim jurisdictions.

In his groundbreaking work, A Continuity of Shariʼa, Brian Wright challenges this prevailing narrative. Through a comparative analysis of the Egyptian, Ottoman, and Indian contexts, Wright delves into the environment in which these new codes emerged. He highlights the contributions of local scholars and legal actors, shedding light on their intricate role in shaping the criminal systems of the late 19th century. By examining the content of these codes, Wright argues that they possess more connections to their past than previously acknowledged. Colonial influence was skillfully adapted to local circumstances, seamlessly synthesized with premodern understandings, and integrated into an eclectic legal environment. This dynamic synthesis resulted in the creation of solutions tailored to local problems, while preserving a profound continuity with the shariʼa.

This book holds immense appeal to scholars and students engaged in the study of Islamic Studies, Islamic Law, and Islamic Legal History. It offers a fresh perspective, challenging the notion of a linear break from the past and illuminating the intricate web of continuity that permeates these legal systems. Through meticulous research and insightful analysis, Wright provides a valuable contribution to our understanding of the evolution of Islamic criminal law and its enduring relevance in the modern world.

Weight: 528g
Dimension: 240 x 161 x 21 (mm)
ISBN-13: 9781649032621