Islamic Law and Western Imperialism

 Islamic Law and Western Imperialism

Introduction:

It is possible that Islamic "fundamentalism" may replace communism as the primary perceived threat to Western democracy and reason. In such a scenario, socio-legal scholars may have a unique responsibility to examine the historical processes that led to the cultural opposition between "our" supposed rule of law and "their" imagined religious fanaticism. This analysis will help to better understand how this cultural divide was constructed. Law, especially criminal and family law, plays a central role in the emerging division between "us" and "them," in contrast to the emphasis on economic issues that dominated the cultural conflict between "communism" and the "free world".

In the new world order of nationalist struggle and ethnic confrontations, socio-legal scholars must take an active role. Failure to explore the relationship between Western and Islamic legal systems can contribute to media stereotypes of Islamic law as regressive and feudal and Islamic political activists as religious fanatics. Therefore, remaining silent is not an option.

In his new book, "Culture and Imperialism," Edward Said argues that scholars must analyze the connections between Western imperialist powers and the places they colonized and dominated. He believes that only by understanding our shared history can we counteract the divisive and destructive forces of contemporary movements to rediscover "essential" cultural values, whether they are American, British, Arab, Muslim, Christian, Indigenous, or from any other culture. Said criticizes both imperialists and their domination. He condemns Westerners for misunderstanding the role of imperial conquests in shaping their culture which they regard as superior to all others. He criticizes authoritarian leaders of victorious national liberation movements for prioritizing national security over human liberation and democratic participation. Although Said focuses on literature rather than law, his criticism of essentialist thinking applies to legal treatises as much as to novels. 

Many accounts of Western law tend to overlook the imperialist context that shaped its development, while histories of oppressed peoples often focus on their efforts to preserve rather than innovate traditions. Such unbalanced perspectives can perpetuate harmful stereotypes of Western law as being dynamic, whether in a positive or negative sense, and Islamic law as being conservative, whether in a pure or backward way.

Said’s View

In his book, Said argues that all cultures are interrelated due to the impact of imperialism, and none of them can be considered pure or singular. He examines the influence of imperialism on Western culture in the book's biggest chapter. He proves that even Jane Austen's domestic novels, which are not overtly colonialist, are pervaded by the British imperial vision. Additionally, he points out the colonialist themes in the works of Kipling and Conrad.

In his book, Said argues that we must analyze how Western imperialism has influenced the world's hybrid cultures. He emphasizes the importance of exploring our shared histories to combat the destructive power of thinking in terms of "us" versus "them". However, despite this plea, Said does not dedicate much space to discussing the cultural works of non-Western people. 

His book remains focused on European and North American culture. Non-Western efforts seem to be counted as contributions to world culture primarily when they address Western concerns. Nor does Said confront the question of why essentialist thinking flourishes today, apparently assuming its lure. He thus leaves the reader to wonder why attempts to recover essential cultural values are attracting so many followers around the world.

Conclusion

In analyzing the impact of colonialism, critics examine how Islamic people struggled to maintain control over their lives and possessions while being exposed to Western concepts, which they selectively adopted and adapted to their cultural heritage. Said's work focuses on the Western perspective of imperialism and how it inadvertently represented itself while constructing representations of colonized peoples.

Said's discussion of Western imperialism suggests that Islamic fundamentalism emerges as the antithesis of Western reason and democracy because Western imperialists and resisting Islamic peoples, through their intertwined histories, constructed it that way.