chapter  7
18 Pages

Islamic Law and Arab Legal Institutions

Rules play an important role in modernisation, as they may be framed so that they facilitate human interactions, such as economic transactions, when enforced. Law takes on a key position in modern societies, as advanced social structures are only possible when law is secular and autonomous. What about Islamic law? Weber’s argument concerning Islamic law is of considerable complexity and refinement. To formulate it briefly, one may say the following: Islamic law ignores formal rational law, or the law of specialised jurists. This argument is based upon two theoretical distinctions.