Orientalism, Colonialism, and Legal History: The Attack on Muslim Family Endowments in Algeria and India

In: Comparative studies in society and history, Volume 31, Issue 3, p. 535-571

Abstract

One of the earliest and most highly developed areas of orientalist scholarly production was the study of Islamic law. Modern western investigation of Islamic law emerged during the era of European colonial expansion, and the first studies of the subject were written by citizens of the colonial powers, many of whom had lived in the colonies for extended periods. These men produced the first translations of legal texts, the first studies of individual legal institutions, and the first comprehensive studies of Islamic law, thereby laying the foundations for the modern discipline of Islamic legal history. Surprisingly, students of orientalism have devoted little attention to the colonials'viewsof Islamic law—that is, to the attitudes and assumptions that underlay their writings and interpretations—or to the impact of those views on the development of Islamic legal studies as a discipline.