All societies produce a corpus of legal norms aimed at regulating the functioning of the social body. One of the principal questions we would like to ask in this workshop is how the principles of law in Islamic lands - whether religious law as expressed through the sharî'a, or secular law issuing from political authority - are translated into practice in daily life. It is also a question of seeing how norms intended to be universal adapt to the diversity of spatial and temporal situations. Finally, we must define the mechanisms which have allowed Muslim law to evolve at the heart of a system theoretically run by Holy law. To come back to the central question of our research - the individual - we must also examine the means a Muslim has available to challenge the judicial and social frames of reference with which he is confronted.
It would seem useful, in this context, to look at a particularly acute form of rejecting standards and of the asserting of a nonconformist identity: marginality. Bandits, lunatics, delinquents, criminals, beggars, heretics of all sorts; people living on the edge of society who, in various ways, symbolise opposition to common rule. In Muslim societies, where is the borderline between the "acceptable" part of the social body, and those that are excluded from it? How are the outcasts perceived by the other components of the population? How do they live within society? Should the case arise, how are they integrated into society? Finally, do those living on the edge of society have a role to play, an influence to exert, or a message to transmit? All these questions must be asked, because by taking an interest in outcasts, we can try to interpret the community's soul through what it rejects, and seek to pinpoint its beliefs, fears, and prejudices.
One particular form of opposition to established order is composed of the who of the individual's reactions when faced with destiny's adverse fortunes. The latter can take very diverse forms: illness, heartbreak, sterility, poverty, the lack of work, etc. What can the ordinary man do to try to counter his bad luck? Similarly, what can he do to circumvent the political and social system's constraints? How is criticism or contention of authority expressed? Only a pluridisciplinary study involving historians, anthropologists, and literary specialists will enable a clear answer to such questions.
Finally, we should take into account diverse forms of resistance to the norms concerning individual affectivity or collective psychology. In this domain, everything having to do with sexual deviance (homosexuality, paedophilia, bestiality, etc.) stands ou. Such deviance has, in Islam as elsewhere, produced a considerable literature. Other deviant behaviour such as taking drugs or eating forbidden foods (the case of coffee has already been well studied) also merit analysis. Lastly, deviance and sentiments connected to the practice (or consumption) of art such as music, poetry, dance and the plastic arts also belong to this part of our research. The ritual practices of sûfî orders (notably dhikr) could be considered, in certain cases, as collective manifestations of resistance to social normality.
In another line of thought, concerning traditional Muslim societies, it seems useful to examine the mechanisms intended to impose tribal control: norms concerning the protection of the purity of descent, marriage regulations, protection of life and property, maintaining the tribal territory, regulations for the exchange of goods, market rules, etc. In spite of their significance, these mechanisms have, particularly in the contemporary era but also in previous periods, met with strong resistance. These crises of tribal control equally deserve the attention of an in-depth study.
In the discussion on the complexity of all these elements in Granada all participants agreed that the title now should be: Plurality of norms and state power from 18th to 20th century.
Abstracts and propositions have been submitted hy the members of the workshop and the following themes have been determined:
1. 7he emergence of land law
2. Marginality and exclusion
3. Legal plurality and codification
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