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Quantifying Islamic Law in the Modern State: Shari'a in Moroccan Courts, 1912-2012

Project description

Assessing the role of sharia in modern legal systems

Islamic canonical law, known as sharia, prescribes both religious and secular duties and, in some cases, retribution for transgressions. It is widely augmented by state legislation, but its function in modern legal systems continues to be debated. Funded by the Marie Skłodowska-Curie Actions, the QuantISLAMS project will examine the role of sharia in Morocco’s legal system from 1912 to 2012, through careful analysis of appellate court cases. These cases will form the basis of a novel sharia court database, highlighting variables such as court rulings, evidence types, geography and legal citations. Conclusions drawn from the QuantISLAMS study will be presented in scholarly publications as well as in public lectures and syllabus material related to colonialism and contemporary Islam.

Objective

"This MSCA-PF-EF project proposal investigates the role of shari'a (Islamic law) in the contemporary national legal systems. Focusing
on the case of Morocco from 1913-2012, I combine digital humanities methods with qualitative text analysis to trace the conceptual and functional development of shari'a. I hypothesize that shari'a's practical function is best understood through court cases rather than classical prescriptions or state legislation of it alone. Using approximately 1400 shari'a appeals court records collected during my doctoral fieldwork, I will construct a multi-variable shari'a court database. The database will be a first-of-its-kind data record of case variables including appellate decisions, evidence types, geography, and source material citation. With this database and the conclusions I derive from it, I will embark on a series of publication, scholarly collaboration, and public outreach efforts on shari'a's contemporary role in the world. The publications include three scholarly articles, a collected volume on Islam and colonialism based on a conference that I organize, and a book proposal based on this research. Public outreach efforts include a public lecture series on colonial Islamic legal practice, syllabi on ""Understanding Colonialism"" and ""Understanding Contemporary Islam"" for high school students, and an online presence sharing results and analysis. Finally, the database will be published open access online at the end of the fellowship both to aide researchers or stakeholders and to propose a model for assessing shari'a courts worldwide. As many state governments, NGOs, and legal scholars continue debating shari'a's role in the twenty-first century, my project will present a strong historically grounded paradigm of shari'a's contemporary function in state courts."

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Topic(s)

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HORIZON-TMA-MSCA-PF-EF - HORIZON TMA MSCA Postdoctoral Fellowships - European Fellowships

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Call for proposal

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(opens in new window) HORIZON-MSCA-2022-PF-01

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Coordinator

UNIVERSITEIT UTRECHT
Net EU contribution

Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.

€ 187 624,32
Address
HEIDELBERGLAAN 8
3584 CS Utrecht
Netherlands

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Activity type
Higher or Secondary Education Establishments
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Total cost

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