The Aceh Jinayat Qanun, which is often considered violating Human Rights, has become the choice of the non-Muslim minorities as their rational choice. This study aims to analyze non-Muslims’ choice of The Aceh Jinayat Qanun implemented by the Sharia Court in Aceh and its underlying motives. This study relies on field research involving observations, in-depth interviews with Sharia Court judges, Head of the Islamic Sharia Service, Acehnese clerical figures, and Non-Muslims involved in criminal cases handled by (...) the Sharia Courts. This study also analyzes Sharia Court decisions on criminal cases involving non-Muslims and various related documents issued by the Sharia Courts, police, and prosecutors. The study was undertaken between July 2017 and March 2020. The study shows that the Acehnese non-Muslims do not select The Aceh Jinayat Qanun because of its religious values but based on practicality, efficiency, and socio-cultural consideration. The Sharia-based sentences, which have often been conceived as inhuman and violate fundamental human rights, are chosen and become the rational choice for non-Muslims in solving their legal issues. This paper concludes that the implementation of the Sharia on non-Muslim has not always been negative. This paper demonstrates non-Muslims’ interest to choose Sharia-based criminal justice or The Aceh Jinayat Qanun over the Criminal Code. This can be seen as their rational choice over a more efficient, low-cost, effective, and fast legal process offered by The Aceh Jinayat Qanun sentencing system. (shrink)

The article seeks to investigate the intersection of local-based religion legal system and state’s legal system. It focuses on the constitutional debates on the position and the status of Aceh Qanun Jinayat within the Indonesian legal system and how the Indonesian Supreme Court the Islamic penal law based on Aceh’s Qanun in their decisions. Using the legal research approach, this article begins with the background of the Qanun Jinayat implementation in Aceh, then discusses the constitutional (...) debates on the position of the Qanun in the Indonesian legal system and ends with analyses of Supreme Court decisions on the application of the Qanun Jinayat in criminal cases in Aceh. This article argue that Aceh’s Qanun is similar to the other provincial regulation within the Indonesian legal system, which has limited areas to regulate the punishment in criminal cases. However, the paper found that although the Indonesian legal system forbids Aceh’s Qanun holds the penalty more severe than the National criminal law, the Supreme Court seems to accept these practices and use them in their decisions in Aceh’s criminal cases. (shrink)

Muslim youths must shun free sexual behaviours. However, these actions are highly prevalent, especially among the Muslim youth. This study aimed to determine the effect of qanun (local regulations based on Islamic law), religiosity and religious education on the sexual activity of Muslim youth. The study used a case-control design carried out in the province of Aceh, which applies the qanun, and in the province of North Sumatra, which does not apply the qanun. Researchers interviewed 552 Muslim (...) youths using the snowball method and disseminating online questionnaires; data were analysed through logistic regression using Jeffeys’s Amazing Statistics Program 16 (JASP) with a confidence interval (CI) of 95%. The results of this study indicated that qanun ( p < 0.001; Exp B = 4.628), always prayed five times every day in the last 3 months ( p = 0.027; Exp B = 1.616), and looking for various information about Islamic topics ( p = 0.01; Exp B = 1.747) is associated with the prevention of sexual activity of Muslim youth. Qanun affected the prevention of sexual activities among youth; these activities were 4628 times higher in areas that do not have qanun for preventing sexual activities in Muslim youth. Muslim youth looking for various information about Islamic topics also affected the prevention of sexual activity among youth – it was 1747 times higher than those who did not seek information about various Islamic topics on preventing sexual activity in Muslim youth. Muslim youth in qanun areas were proven to have a lower sexual activity. Furthermore, Muslim youth with high religiosity (those who pray diligently and look for various information about Islamic topics) were proven to be able to prevent sexual activity. Therefore, it is necessary to increase the religiosity of Muslim youth. Contribution: This article is expected to explain the impact of qanun, religiosity, religious education and the prevention of sexual activity among Muslim youth. This research is expected to be one of the solutions that can be applied to prevent sexual activity in Muslim youth, which is occurring increasingly. (shrink)

Este artículo es un estudio piloto para una comparación sistemática entre el texto árabe y latino del Qānūn fī aṭ-Ṭibb de Avicena. Con este propósito, ofrecemos una edición preliminar de un pasaje del Tercer Libro de esta gran enciclopedia médica en la traducción latina preparada por Gerardo de Cremona en Toledo en la segunda mitad del siglo XII. El análisis de este fragmento nos permite describir con rigor aspectos clave de la técnica de traducción de Gerardo de Cremona, al mismo (...) tiempo que pone de relieve problemas interpretativos vinculados a la difícil exégesis de las teorías médicas árabes sobre la enfermedad conocida como frenitis o frenesí. (shrink)

Important achievements were obtained in the fields of mathematics, medicine, chemistry, astronomy, physics, optics, mechanics, zoology, botanic, mineralogy, geography and etc. in the Turkish-Islamic world between the ninth and thirteenth centuries. According to the leading historians of science, scholars living in different parts of the TurkishIslamic world not only surpassed their Greek and Byzantine predecessors. They also paved the way for development of these fields of science for following centuries. It is possible to mention many physicians that left non-erasable marks (...) in the medicine history among these distinguished scholars. One of these names is an Andalusian surgeon-physician called Abul-Qāsim alZahrāwī. He is known for his solid and unique contributions to the surgical world and regarded as the founder of surgery in the TurkishIslamic world. al-Zahrāwī wrote many books. One of these books, called al-Taṣrīf (The Method of Medicine) regarded as a medical encyclopedia has reached until today. The book attracted more attention in the European countries than in the Turkish-Islamic world and had an impact on Europe. Different chapters from the book were translated into languages such as Hebrew, French, English and especially Latin. al-Zahrāwī’s scientific heritage has also been discussed with all its aspects in Russia where scientists in the Turkish-Islamic world have especially been studied. Even though it was translated at a later period than Avicenna’s al-Qānūn fī al-Ṭibb (The Canon of Medicine), al-Taṣrīf was translated into Russian. The aim of this study is to identify Russian studies on Zahrawi and his main work, al-Taṣrīf -within the framework of available opportunitiesand to present prominent ones among these. In conclusion, this article also aims to contribute to the Turkish literature on al-Zahrāwī and al-Taṣrīf. Therefore, the author wishes to assist the relevant ongoing studies and the ones to be conducted in the future in terms of bibliography and material index. (shrink)

There is a prevailing opinion in the literature that the first name to mention the interpretation of the Qur'an with the Qur'an as a method is Ibn Taymiyya. He puts it at the forefront in the hierarchy of evidence in his Muqaddima. However, Abu Bakr Ibnu'l-Arabi, who lived two centuries before Ibn Taymiyya, also refers to the same method in the first place among the tafsir methods he suggested. Based on this finding, in the article, after briefly mentioning the aforementioned (...) tafsir method, a brief information about Ibn al-Arabi's Qânûn al-Ta'wîl is given and his approach to this method is examined. Within the scope of this subject, the common and different aspects of both authors' methods of interpreting the Qur'an with the Qur'an are presented. In addition, the findings regarding the problems arising from the authors' putting this method in the first place are shared. Finally, the possible reasons why both authors put this method in the first place are discussed. The aim of the study in this background is to reveal that there was another scholar mentioning the method in the first place before Ibn Taymiyya among the exegetical methods in the classical period and to perform an analysis within this framework. By the application of "data and content analysis", the content in Ibn al-Arabi's Qânûn al-Ta'wîl and Ibn Taymiyya's Muqaddimah in the context of the Qur'an's interpretation with the Qur'an has been analyzed. This content has been subjected to comparative analysis in terms of commonality and differences. (shrink)

The need for renewal felt in various fields with the Tanẓīmat, and the changes and modernization activities realized in accordance with it, and the nature and boundaries of these activities are important issues that determine the period's intellectual agenda. Some of the proposals for a solution to save the state are related to the renewal of religious thought. The bad situation in the Ottoman Empire stems from the way religion is understood, not from religion itself, and one of the names (...) that produce ideas about the necessity of changing this way of thinking is Ḥüseyin Kāẓım Kadri. He believes that Fiqh and Exegeticsshould be based on the work of updating the content of Islamic Sciences within the framework of contemporary needs. Claiming that the basic need of society is not Science of Kalām but Catechism, Kadri claims that the attempt of the science of Kalām, regulated to respond to the needs of the age will not result in even will cause religious conflict among people. In this article, Ḥüseyin Kāẓım Kadri'sintellectual background, his suggestions for the renewal of religious thought and his objection to the new Science of Kalām are discussed.Summary: What defines the history of late Ottoman period is the concept called change. There have been reform attempts in order to canalise the military, economic, socio-cultural change and transformation due to political turmoil starting from the end of the 16th century and beginning of the 17th century. Basic argument regarding these reforms finds its base on Qanūn al-Qadīm and the idea of returning to Sharia. Along with the Declaration of the Imperial Edict of Reorganization (Edict of Gulhane) the previous reforms which were made earlier changed dimension and westernization became a government policy. During the ongoing process, the change in terms of Westernization became a current issue within every segment of Ottoman society. Need for innovation in various areas, and therefore the change and modernization movements and accordingly these movements’ nature and boundries set the intellectual agenda of the era. Some of the suggestions are associated with renewal of the religious thought which are to keep the State from difficult situation it is in. Solutions proposed in this context creates a rich intellectual discussion environment within Western, Islamist, and Turkist intellectuals. Islamists in general terms are of the opinion that the difficult situation Ottoman is in does not stem from the religion itself but the way of understanding religion; and they are of the opinion that this way of thinking should be altered; when they bring about their suggestions, it is seen that the way of thinking is their starting point. What causes the Islamists fall apart within themselves is the nature of renawal. Islamist intellectuals, supporting the idea which is the content of islamic knowledge should be updated according the needs of era, suggest various ideas in terms of which dicipline should be in charge for the needs in question. While some intellectuals are of the opinion Kalām should be prioritised, some are of the opinion Fiqh and Exegetics should be prioritised. Ḥüseyin Kāẓım Kadri, who wrote under the pseudonym of Shaykh Muḥsin-i Fānῑ ez-Ẓāhirῑ, is one of these intellectuals coming up with an idea. Kadri suggests a renawal in thinking based upon Fiqh and ExegeticsḤüseyin Kāẓım Kadriis one of the most prominent intellectuals of Constitutional Period. Working as a governor of an Ottoman province, deputy, and minister and engaging in journalism, Kadri compiles a series of work in religion, language and agriculture. All of his efforts are to find ways of saving Ottoman from its difficult situations. Thus, Kadri questions the quality of the knowledge which was brought about in religious thinking and proposes solutions. What lies under his solution is the need for a dicipline for society’ s practical problems. He bases his opinion on opposition to new theology movement. According to Kadri, ever since Kalām was codified, it has never been useful to Muslims, on the contrary it has impaired the Muslims. Renowation of Kalām creates nothing but problem. In his opinion, due to using Greek philosophy content and method, Kalām is not a dicipline authentic to Muslims, besides it is a harmful dicipline which aims to damage the essence of Islam.One of the reasons why Kalām is out of Islamic thinking tradition is because of the Mu'tazila wises are the founders of this dicipline. Kadri is of the opinion that the wises/intellectuals belonging to this school and their theories regarding to understand the existence do not contribute to the field of faith. Admitting the function of Ahl-al Sunnah school generated after the Mihna Period, Kadri states the insufficient side of that function. To him, hence the subjects such as substance (cevher) –accident (araz), hudûth-eternality, wujud (vücûd)-nothingness (adem) etc have been discussed but at that time the subject in question could not be renovated in regard to needs. Another criticism of Kadri raised against Kalām is he considers this field the reason why Muslims are divided. Especially during the times when Muslims need to be in unity and solidarity, Kadri is worried about new discursion which will occur due to the renovation of Kalām attempts. This concern of Kadri causes him to object Kalām with a pragmatic motive.Kalām which is called Usulu'd-Din is another reason why Ḥüseyin Kāẓım Kadriis against Kalām. In his opinion, theologians complicates the subjects such as amalgation and adjectives of Allah instead of making it clear with ijtihad. Kadri who considers offering proof in terms of faith as faithlessness is of the opinion that faith is not a matter of reason but a matter of sense which has no doubt among people. Criticising the struggle for the enquiry of faith, Kadri puts an emphasis on the significance of the reinterpretation of the principles, for example in the field of Fiqh which deals with the practical area and says it is the most prominent religious duty. He also criticises the imitation of the past and remarks the importance of reason in Fiqh. As an alternative to Ilm-i Kalām, he claims a new Catechism and adds, it is going to provide the religious knowledge people need. It is an ideological contrast of Ḥüseyin Kāẓım Kadrito think Kalām is the reason for all the misfortune Muslims encountered. This opposition causes him to ignore all the accumulation in Kalām field. Moreover, it is the reason why he makes emotional deductions conflicting with historical facts. Kalām plays a role just like the other fields who could not contribute to Islamic Thinking and its renovation process in accordance with the needs of time. However, it is not realistic and reasonable to think Kalām is the only one responsible. (shrink)

Grown up as versatile people, Ottoman intellectuals had holistic views towards science, art and literature, and wrote in a variety of disciplines. It was not uncommon for a mathematician to write in philosophy, for a ḥadīth (report of the words and deeds of the Prophet) scholar to write history books, for a statesman to be busy with calligraphy or for a Shaykh al-Islām (the highest ranking Islamic legal authority) to have a “Dīwān” (a collection of poems). However, possibly due to (...) specialization-based scientific understanding of modern researchers, one side of these people generally came to the fore and some capabilities of them remained unknown. Grown up in Istanbul, capital town of Ottoman Empire, in late 16th and early 17th centuries, Okchuzāde Mehmed Shāhī was also one of these personalities called “hezār-fan” (polymath). Mehmed Shāhī served in top level offices of the State, was busy with art and literature, and became known for inshāʾ (composition) kind of works written with elaborate prose. Mehmed Shāhī earned a deserved fame with these capabilities and he was also a poet. Indeed, due to poems he wrote in his early ages, he was noticed by some biography writers about poets and his poems were mentioned in some anthologies. In addition to poetry anthologies, he had some classical works, and some couplets, quatrains and verses included in his prose works. In the present study, a collection and evaluation of poems by Mehmed Shāhī were presented.Summary: Ottoman statesman Okchuzāde Mehmed Shāhī was born in 1562 AD (970 AH) in Istanbul. He was son of Okchuzāde Mehmed Pasha (d. 995 AH/1587 AD) and served as Kātib (scribe), Defterdār (treasurer), Reīs-ul-kuttāb (chief of the scribes), Governor General of Cyprus and Aleppo. His real name was Mehmed, but he was mentioned in different sources by names such as Mehmed Bey, Mehmed Shāh, Mehmed Shāhī, Mir Mehmed Shāhī and Okchuzāde Mehmed Shāhī. Starting at a young age, he was well educated in madrasah (college). With his vibrant character and superior genius, he came to the forefront among his peers. He was educated under the supervision of Māʿlūlzāde Nakīb Efendi (d. 993 AH/1585 AD) and graduated in 988 AH/1580 AD at the age of 18. When Nakīb Efendi became Shaykh al-Islām in the same year, he started his official duty as Dīwān-ı Humāyūn (imperial council) secretary. With the duty of Executive Assistant, he became the secretary of Damad İbrahim Pasha who started to his office in 1004 AH/1596 AD. He worked under the patronage of the Pasha until Pasha’s death in 1010 AH/1601 AD. Mehmed Shāhī succeeded Musa Chelebi as Reīs-ul-kuttāb and Basdefterdar (chief treasurer) in 1005 AH/1596 AD, and was appointed as title deed and cadastre director in 1006 AH/1597 AD. However, he was dismissed from this duty and was included among the officials to join military campaign. He was prosecuted and tried for imprisonment for the accusation of coming to Istanbul without permission. He succeeded Hamza Pasha as Nishanci (high-ranking bureaucrat) in 1007 AH/1599 AD and was assigned to military campaign. Mehmed Shāhī was dismissed from his duty in 1008 AH/1600 AD. Although he was reappointed to his duty in the same year, he was dismissed again in 1010 AH/1601 AD. While Hamza Pasha was reappointed to his office, Mehmed Shāhī was not assigned to any duty. He succeeded Murad Efendi as the Defterdar of Egypt in 1013 AH/1605 AD. After this duty, one of the vassal Sanjak (administrative district) Beyliks (principalities) in Egypt was given to him. When vassal Sanjak Beyliks were abolished by Kara Mehmed Pasha, Beylerbeyi (governor) of Egypt, in 1016 AH/1608 AD, he returned to Istanbul. He was not appointed to an office for a long time. In 1029 AH/1620 AD, he was appointed as title deed and cadastre director in 1029 AH/1620 AD, and became Nishanci again in 1030 AH/1621 AD. He served in military campaign to Poland, but was dismissed from this duty during the campaign. He was appointed as Nishanci for the fifth time during the second reign of Sultan Mustafa (1622-1623). He was dismissed in 1033 AH/1624 AD and retired. In early 1039 AH/1630 AD, he died at the age of 69 in Istanbul. His tomb is near Ekmekchioghlu tomb in the vicinity of Sunbul Efendi.What is known about his family is limited to his son named Vakʿi Ahmed Efendi (d. 1060 AH/1650 AD). Ahmet Efendi learned Naskh, Thuluth and tevkīʿi types of calligraphy styles from his father. He served as anthology writer for Shaykh al-Islām Bahāī Efendi. He died in 1060 AH/1650 AD when he was serving as teacher in Sulaymaniyah Madrasah. His tomb is around Shaykh Vefa tomb.In addition to his administrative duties, Mehmed Shāhī was also interested in poetry, prose, calligraphy, mysticism, ḥadīth and tafsīr (exegesis). Possibly also due to his dismissal of duties many times in his life, he produced many works. Among them are Aḥsan al-ḥadīth, an-Naẓm al-mubīn fī āyāt al-erbaʿīn, al-Maqām al-Maḥmūd, Tarjuma-i Tuḥfa as-ṣalavāt, Jāmiʿ al-ghāyāt, Mukhtār al-akhyār, Qānūn-i Jadīd-i Arāḍi, Munsheat ve Dīwān. Famed for his prose works, the author was also a poet. With his couplets which he wrote under pseudonym of Zaynī, he managed to get on the anthology of Kınalızāde at his twenties. He was celebrated with the expression of “Arrow of word from his bow of soul has reached the target of approval from masters; he is at a young age (at his twenties)”. Subsequently adopting pseudonym of Shāhī, the poet had some poems published within the works of Beyānī, Nevʿizāde and Mustaqimzāde as well as within his own prose works. Mustaqimzāde even mentioned that Mehmed Shāhī had a dīwān. Nevertheless, this work of him has not been found yet. A total of 30 poetry works of Mehmed Shāhī were found in various sources, except for his translations of 40 ḥadīth and 40 Qur’ān verses written in poetry. Of his 30 poetry works, 26 were written in Turkish and 4 in Persian. Various sections of ʿarūḍ (meter) were used in these works written as couplets, quatrains and verses. It could be stated that his poems rich in Persian and Arabic words had a rich rhyme frame. In his poetry works in which religious, literary, historical, legendary and mysticism themes were worked, concepts and figures such as Allah, the Lord, Messiah, Messenger, Risālet (messengership), intercession, Kāfūr al-Ikhshīdī (966-968), Mustaʿsim (d. 656 AH/1258 AD), Ibn Alkamī (d. 656 AH/1258 AD), Naṣīr-i Tūsī (d. 672 AH/1274 AD), Jamshīd, Keyumars, Uftade, Hudāyī, Majūsī, Kizilbash, Bayramī and muftī (jurist capable of giving a formal legal opinion). His poems were about intercession demand from the Messenger (PBUH), sin of serving to Persian, importance of an invention, praise of Uftade Sultan (d. 988 AH/1580 AD), effect of prayer, fate of administrator favoring his relatives, futility of envying the rich, importance of fighting with Zoroastrian, benefits of exhibition of sorrow, value of skillful people, resembling of the world to a bride with a thousand grooms, beauty of eloquence, ignominy of leaving chastity for lust, asking for forgiveness for sins, talent of understanding the words, not giving quarter to enemies, praise of Hz.ʿUmar, humbleness, value of lack of worldly things, sufferance due to the beauty of the beautiful, needing not to wonder why the beloved one is far away, evil of protecting the snot, richness of Arabic language, deeds of Anatolian fāḍils (virtuous), importance of endeavor in succeeding the closeness to God and respectability of ʿAzīz Maḥmūd Hudāyī (d. 1038 AH/1628 AD). Okchuzāde Mehmed Shāhī was an Ottoman statesman who also earned a well-deserved fame for his works written in inshāʾ (composition) genre of elaborate prose. In addition, he also had poetry works. Praised for the poems which he wrote in his early ages by anthology writers who included his poems in their anthologies, the poet also had some couplets and quatrains scattered among his own prose works. His poems in the form of couplets and quatrains within abovementioned works mostly were about religious, literary, legendary, historical and mysticism themes.Mehmed Shāhī was knowledgeable in tafsīr, ḥadīth, mysticism and calligraphy, and had good levels of Arabic and Persian. Writing poems in Persian, Mehmed Shāhī was decorated his prose works with Arabic expressions such as Qur’ān verses, ḥadīths and proverbs. It could be stated that such decorations made the language of his poems more difficult. Nevertheless, his poems are plainer and easier compared to his prose works. The poet who also had lyrical poems generally preferred ḥikamī (sapiential) style and wrote genres such as munacaat (prayer to God), shafaatnāme (intercession epistles), historical quatrain, medhiye (panegyric) and hicviye (epigram). His poems in anthologies were lyrical, those in Aḥsan al-ḥadīth and an-Naẓm al-mubīn were didactical and those in Munsheat were epic. Based on an evaluation of these poems, it could be stated that he was a poet with a style, though not a poet of first class. (shrink)

It is evident that the Ottoman state made radical reforms to overcome the crises it had fallen in various fields, especially since the Tanzimat era. In this context, the preparation and codification of “Majalla-i Ahkām-i Adliyya” is undoubtedly one of the most important events of both the Ottoman legal history and the history of Islamic law. It is not a whole and complete civil law since it mainly covers debts, partly property and judicial /procedural law. “Munākahāt ve Mufārakāt” subjects corresponding (...) especially to the field of family law and the related law articles are not included in Majalla. The work that forms the basis of our paper was written precisely to fill this gap. The work in the nature of translation and commentary of Kadri Pasha’s book, al-Ahkām al-shar'iyya fi al-Ahvāl al-shahsiyya, which is a draft law, was born out of the need for a compact text on family law. It is also a response to the criticisms in his era towards the Islamic Family Law verdict. Its preparation about twenty years before the Family Law Decree is also a helpful clue in analyzing the nature of the work. In addition to translation, Hasan Riza strives to make the marriage contract, the responsibilities of the spouses, divorce, lineage and alimony subjects understandable, and to respond to the criticisms on these issues. When his effort is evaluated together with the religiously referenced commentary he made to Qānūn-i Asāsī, it can be described as the proof of the accuracy of the family law judgment, especially in the classical fiqh literature, and the defense of the conformity of these provisions to intact human nature. While this article mainly examines the nature of this work, it also aims to describe the criticism issues that the author’s era produced regarding the jurisprudence. The eight blurbs (taqrīz) at the beginning of the work are indicative in this regard. Bureaucratic and scientific relations and controversial issues on the agenda can be understood from these blurbs. In these blurbs, some references are made to the feminist movement along with the observations concerning the status of women. When approaches handled here are combined with the informtion as to the historical roots and the phases of feminist movement, it would be possible to reach the intellectual memory of that period. Determination and analysis of Darguzīnī’s identity and status is an indispensable requirement of this study. (shrink)

Resumo Uma das reivindicações centrais dos movimentos políticos islâmicos é cumprir ou impor a sharī'a . Mas a visão que esses movimentos têm destoa da maneira como os sistemas jurídicos muçulmanos funcionaram historicamente. A própria definição de sharī'a , sua relação com o poder político, e sua aplicação num processo que leva a uma decisão jurídica, foram simplificados durante o processo de codificação dos séculos XIX e XX, e os movimentos islamistas são herdeiros dessa concepção "ocidentalizada" de sharī'a. Frequentemente traduzido (...) com "lei religiosa" ou "direito islâmico" o termo sharī'a não corresponde ao conceito ocidental de "lei" nem tampouco engloba todo o campo do direito dos povos muçulmanos. Paralelamente à sharī'a , também há o qānūn (o direito do soberano), e as regras derivadas do costume ( 'urf , adalat ). O objetivo deste artigo é analisar a formação da dualidade entre sharī'a e qānūn no direito muçulmano até a codificação da sharī'a no século XX e a dissolução dessa dualidade nas ideologias islamistas contemporâneas. Palavras-chave: sharī'a; islamismo; direito muçulmano. One of the main claims of contemporary Islamic political movements is to implement the sharia. But the view of the sharia held by those movements diverges from the Muslim judicial systems as they actually functioned throughout history. The very definition of sharia, its relation with the political power, and its implementation in specific cases, were simplified during the process of codification that took place between the 19 th and 20 th centuries, and contemporary Islamic movements inherited this "westernized" conception of sharia. Though often translated as "Islamic law", the term does not correspond exactly to the Western concept of "law", and neither does it comprise the whole field of law among Muslim peoples. Parallel to the sharia, there is also the qānūn (the law of the ruler), and the rules derived from costume ( 'urf, adalat ). This article intends to analyze the formation of the duality between sharia and qānūn in Islamic law until the codification of the sharia in the 20 th century, and the dissolution of this duality in contemporary Islamist ideologies. Keywords: sharia; Islamism; Islamic law. (shrink)