Contradictions, Conflicts, Dilemmas and Temporary Resolutions: A Sociology of Law Analysis of Shari’a in Selected Western Societies

Abstract

The theories of William Chambliss, a prominent twentieth century theorist in the Sociology of Law, are applied to examples of both conflict and the resolution of conflict concerning the use of Shari’a family law in the United States, Australia and Canada. Chambliss’ dialectic processing model, as extended by later scholarship, is applicable to instances of efforts to formally integrate certain aspects of Shari’a into legal systems within these three societies. Recognition (or lack of recognition) of major changes concerning Shari’a represents significant development within the legal structures in western societies. Implications of the use of Chambliss’ theories in comparative studies of legal pluralism are examined.