Legal Pluralism Theories and Their Position in Islamic Law


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Levni V., Çelik S.

SÜLEYMAN DEMİREL ÜNİVERSİTESİ HUKUK FAKÜLTESİ DERGİSİ, cilt.13, sa.2, ss.1315-1352, 2023 (Hakemli Dergi) identifier

Özet

The concept of “legal pluralism”, which emerged as a practice during the Imperial
periods in the past, is being widely debated as a critical notion in our current
postmodern era. Legal pluralism contradicts the centralized view of law. Therefore, the
phenomenon of legal pluralism has been at the center of legal debates in democratic
societies due to its undeniable relationship with the concept of democracy. In this
article, we will delve deep into the concept of legal pluralism and attempt to trace its
evolution throughout history. Additionally, we will refer to in-depth discussions among
scholars regarding the position of legal pluralism in Islamic law and the ideas
surrounding Islamic jurisprudence.