Jump to ContentJump to Main Navigation
Challenging the Secular StateThe Islamization of Law in Modern Indonesia$
Users without a subscription are not able to see the full content.

Arskal Salim

Print publication date: 2008

Print ISBN-13: 9780824832377

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824832377.001.0001

Show Summary Details
Page of

PRINTED FROM HAWAII SCHOLARSHIP ONLINE (www.hawaii.universitypressscholarship.com). (c) Copyright Hawaii University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in HSO for personal use.date: 05 July 2022

Dissonant Implementation of Shari‘a

Dissonant Implementation of Shari‘a

(p.24) 3 Dissonant Implementation of Shari‘a
Challenging the Secular State

Arskal Salim

University of Hawai'i Press

This chapter argues that legal and political dissonance in the formal implementation of sharia in a nation-state is inevitable. State legitimacy resulting from the formal implementation of sharia often generates a conflict of interests between the theory underlying the nation-state and the view of an indissoluble domain. The conflicts exist and are significant given that the Islamic world is divided into a number of nation-states. The Western concept of the modern nation-state, which is thought to have emerged in Europe in the seventeenth century through the 1648 Treaty of Westphalia, spread throughout the world via colonialism. Colonialism, in fact, had partitioned Muslim regions into numerous territories, and by the twentieth century, these territories were transformed into newly born different countries, which took the nation-state as their form of political organization.

Keywords:   legal dissonance, political dissonance, nation-state, political organization, colonialism, state legitimacy, sharia

Hawaii Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.