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This book is situated in the wider theoretical framework of civil
and commercial law in the context of the tensions and conflicts
arising between the Islamic law and western legal systems. The book
deals with the genre of Mukhtasar in Islamic law and the
significance of its emergence in the development and formation of
Islamic law. These compositions of Mukhtasar are authored texts by
individual jurists claiming independently to personal hermeneutical
interpretations in producing and reproducing them. These
compositions of Mukhtasar do not simply reproduce the legal rulings
of eponyms of schools of law in an abridgement as traditionally it
has been understood. Most importantly, the purpose for which they
were composed was to provide hermeneutical accounts of the
formation of Islamic law incorporating all essential expanded
additional elements which have developed over the course of time.
The authors of these compositions of Mukhtasar continue the
hermeneutical formation of Islamic legal system.
The basic contention of this study is that the colonial rule had
far more serious consequence than it has been realized. It
radically transformed the nature of the Islamic societies of Egypt
and Muslim India to that of an ‘Islamicate’societies. This
affected the religious, cultural, social, and legal aspects
including ethnic and minority relations, gender relations and even
their educational system. The phrase ‘Islamicate’ is here
borrowed from Marshall Hodgson, who used it in his The Ventures of
Islam to indicate the changes that took place due to the
modernization under the impact of the West and colonial rule.
However, our investigation takes it into a different direction,
demonstrating how and what ways this phenomenon of the
‘Islamicate’ has changed the Islamic identity of Egypt and
Muslim India. This study analyzes varied aspects such as religious,
social, cultural, legal, and other aspects of the Egyptian and
Muslim Indian societies through the mechanisms of change that the
colonial rule brought to them.
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