Contemporary Islamic legal studies - both inside and outside the Muslim world - commonly relies upon a secular distortion of law. In this article, I use translation as a metonym for secular transformations and, accordingly, I will demonstrate how secular ideology translates the Islamic tradition. A secular translation converts the Islamic tradition into “religion” (the non-secular) and Islamic law into “sharia” - a term intended to represent the English mispronunciation of the Arabic word (sharī'ah). I explore the differences between historical Islamic terms and secular terms in order to demonstrate that coloniality generates religion and religious law; in turn, these two notions convert (sharī'ah) into “sharia” in both Arabic and non-Arabic languages. Consequently, the notion of “sharia” is part of a colonial system of meaning.
law and legal studies
,philosophy and religious studies
,law in context
,religious studies