ERC Advanced Grant 2023
Prof. Dr. Irene Schneider
“(De)Colonizing Sharia?” Tracing Transformation, Change and Continuity in Islamic Law in the Middle East and North Africa (MENA) in the 19th and 20th Centuries
The impact of European colonialism is currently dominating political, social and academic debate, often described as "post-colonialism". The influence of European colonialism on the pre-colonial legal systems of Muslim countries was immense and led, for example, to fundamental changes in jurisdiction, the court system, and education. Sharia courts were abolished or restricted to family law. Does this mean a complete break with the legal system from pre-colonial times? Or can "Sharia" be said to have survived? "In our project, we want to investigate the question of how the transformation of law took place in concrete terms, how European law was 'translated' into the law of Muslim countries," explains Professor Irene Schneider from the Institute of Arabic and Islamic Studies II. "The fact that the title is a question shows that the extent and nature of the influence has yet to be worked out."
The research team will examine the colonial past of various Muslim countries, focusing on the agency of the local elites beyond the colonial use of force, by carrying out a thorough investigation of archival material and analysing legal texts, debates and court rulings. "Methodologically, together with researchers from the Middle East and North Africa region, we will critically scrutinize research that has so far been based on European terminology and theory. A better understanding of the legal developments of the colonial era will lead to a better understanding of the discussions today in the Muslim world," says Schneider.