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The Unfamiliar AbodeIslamic Law in the United States and Britain$
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Kathleen Moore

Print publication date: 2010

Print ISBN-13: 9780195387810

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195387810.001.0001

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Jurisprudence as Mirror

Jurisprudence as Mirror

(p.51) 2 Jurisprudence as Mirror
The Unfamiliar Abode

Kathleen M. Moore (Contributor Webpage)

Oxford University Press

This chapter provides a deconstruction of a British call for the formulation of an Islamic diasporic jurisprudence, in which juridical activity is proposed as a mirror. It begins with a review of theoretical works on diaspora and the legal sociology of jurisprudence. It explains and discusses the author's view of what a “diasporic jurisprudence” is, and uses this concept to examine the text of a speech given by a Muslim intellectual-activist before an assembly of Muslim British college students in London in December 1995. It is argued that in the vein of cultural studies, “culture” is neither an autonomous nor an externally determined field, but a site of social struggle and differences. Thus, when we bring together the analytical concepts “diaspora” and “jurisprudence,” we are juxtaposing two words that reciprocally constitute a particular social field in which symbols and scruples can be appropriated and contested. Although a bit of an oil-and-water combination, these two concepts (diaspora and jurisprudence) hold as if suspended in a colloid, sustained by opportunity spaces allowing them to assert claims for rights and forms of justice.

Keywords:   Islamic diasporic jurisprudence, diaspora, legal sociology

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