Yilmaz - Muslim laws, politics, and society in modern nation states: dynamic legal pluralisms in England, Turkey, and Pakistan

For My Family

Dynamic Legal Pluralisms in England, Turkey and Pakistan

IHSAN YILMAZ
SOAS, University of London, UK

First published 2005 by Routledge

Published 2016 by Routledge
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Copyright 2005 Ihsan Yilmaz

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British Library Cataloguing in Publication Data
Yilmaz, Ihsan

Muslim laws, politics and society in modern nation states: dynamic legal pluralisms in England, Turkey and Pakistan 1. Customary law (Islamic law) 2. Customary law (Islamic law) - Case studies 3. Legal polycentricity 4. Legal polycentricity - England 5. Legal polycentricity - Turkey 6. Legal polycentricity - Pakistan 7. Legal polycentricity - Case studies
I. Title
340.59

Library of Congress Cataloging-in-Publication Data
Yilmaz, Ihsan, 1971
Muslim laws, politics and society in modern nation states : dynamic legal pluralisms
in England, Turkey and Pakistan / by Ihsan Yilmaz.
p. cm.
Includes bibliographical references and index.
ISBN 0-7546-4389-1
1. Islamic lawEngland. 2. Islamic lawTurkey. 3. Islamic lawPakistan. 4. Sociological jurisprudence. 5. Islam and politics. I. Title.

KBP173.25.Y55 2004
340.115dc22

2004018317

ISBN 9780754643890 (hbk)
ISBN 9781138259102 (pbk)

I am indebted to other writers, academics and colleagues whose footprints I followed during my long journey while writing this book. I have been indebted to too many friends to be capable of identifying all my obligations. But I would especially like to thank Professor Menski of SOAS for all the invaluable help, advice and support he has given me. I gratefully acknowledge his intellectual feedback to this book. I am grateful to Assoc. Prof Dr. Hasan Seluk for his vision and efforts to send me to the UK for a PhD.

This book mainly draws from my PhD thesis (SOAS, 19961998) and my previously published papers: Marriage Solemnization among Turks in Britain: Emergence of the Hybrid Anglo-Muslim Turkish Law. In: Journal of Muslim Minority Affairs. Spring 2004. V. 24 N.1; Ijtihad and Tajdid by Conduct: Glen and His Movement. In: John Esposito and Hakan Yavuz (eds) Turkish Islam and the secular state: The Gulen movement New York: Syracuse U Press. 2003. 208237; Non-Recognition of Post-Modern Turkish Socio-Legal Reality and Predicament of Women. In: British Journal of Middle Eastern Studies. 2003. Vol. 30 No. 1. 2541; Instrumentalist Use of Secular Law in Turkey and the Emergence of Unofficial Turkish Muslim Law. The Middle East Journal. Winter 2002. Vol. 56 No. 1. 113131; Dynamic Legal Pluralism in England: The Challenge of Postmodern Muslim Legality to Legal Modernity. In: Journal of Ethnic and Migration Studies. Spring 2002. Vol. 28 No. 2. 343354; Law as Chameleon: The Question of Incorporation of Muslim Personal Law into the English Law. In: Journal of Muslim Minority Affairs. Fall 2001. Vol. 21 No. 2. 297308; Is Having A Personal Law System A Solution? Towards A Supra-Modern Law. In: Journal for Islamic Studies. 2001. Vol. 20. 99124; Muslim Law in Britain, Reflections in the Socio-Legal Sphere and Differential Legal Treatment. In: Journal of Muslim Minority Affairs. Fall 2000. Vol. 20 No. 2. 353360.

I owe a lot to the constructive criticisms of the anonymous peer-reviewers of these journals and of Ashgate Publishing. I learnt a lot from them. I also have to thank Alison Kirk of Ashgate who showed interest in this book, encouraged me to finish it as soon as possible and swiftly responded to my queries. Last but not least my special thanks goes to my family, my parents, my best friend and wife Arzu for their dauntless and unfailing support and to my little daughter Bra whose time I stole when writing this book. Needless to say, any errors remain, of course, mine alone.