Harnischfeger, Johannes. —Democratization & Islamic Law

Democratization and the Rule of Law∗

This paper provides a theory of the interactions between democratization and the emergence of rule of law. Heterogeneous individuals can make costly investments in protection against expropriation by others and the state. The public enforcement of property rights, whose cost depends on these investments, is chosen by the politically enfranchised population. We characterize the dynamic evolution...

Islamic Law , Customary Law , and Afghan Informal Justice

This report is part of the United States Institute of Peace’s (USIP) ongoing effort to understand the pluralist legal system of Afghanistan. It examines, compares, and contrasts Islamic law with traditional forms of justice in an attempt to elucidate how such rule of law approaches interact as well as provide a fuller understanding of each system to better guide rule of law practice, policy, an...

Islamic Law, Adaptability and Financial Development

A large literature contends that legal systems that adapt efficiently to meet the contracting needs of the economy foster financial sector development. The paper discusses the adaptability features of Islamic law related to commercial transactions (Islamic commercial law) in light of contemporary financial system. After discussing the nature and way the common and civil law traditions can evolv...

Islamic Law and the Crime of Theft

Polygyny in Islamic Law and Pukhtun Practice

The Pukhtun of Swat in Northern Pakistan refer to Islam to justify the local practice of polygamy and female subordination. However, a survey of Islamic law shows its intent is far more egalitarian than Pukhtun practice. Using a mixture of case studies and statistical evidence, this paper argues that in Swat husbands take second wives mainly in a spirit of revenge, reflecting the endemic hostil...