The Politics of Islamic Law

Local Elites, Colonial Authority, and the Making of the Muslim State
Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category: Political Science
Page: 352
View: 7200
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

Women Under Islam

Gender, Justice and the Politics of Islamic Law
Author: Chris Jones-Pauly
Publisher: I. B. Tauris
ISBN: 9781845113865
Category: Social Science
Page: 232
View: 7708
How Islam treats women is one of the most hotly contested questions of our times. Islamic law is often misrepresented as a single monolithic concept, rather than a collection of different interpretations and practices. To move the debate on Islamic law and gender forward, it is necessary to establish how Islamic law actually operates. In this groundbreaking work, Chris Jones-Pauly explores what conditions sustain the most liberal interpretation of Islamic law on gender issues. She examines the different interpretations, histories and practices of Islamic law in different countries. She finds that the political independence of judicial institutions is a far more important factor than the relative conservatism of the society. This wide-ranging book will provide new insights not only for those studying law and gender, but for anyone with an interest in Islamic societies

Scharia für Nicht-muslime (Preview)

Author: Dr. Bill Warner
Publisher: CSPI International
Category: Law
Page: 82
View: 4280
Islam ist sowohl Religion, als auch ein politisches System mit seinen eigenen Gesetzen genannt Scharia. Die Scharia basiert auf Prinzipien, die sich von unserem Rechtsverständnis fundamental unterscheiden. Was bedeutet die Sharia für Nicht-Muslime? Wie beeinflusst die Sharia unsere Gesellschaft und den Einzelnen? Was sind die langfristigen Effekte der Bewilligung von auf Scharia basierenden Forderungen?

Die neue religiöse Intoleranz

Ein Ausweg aus der Politik der Angst
Author: Martha Nussbaum
Publisher: N.A
ISBN: 9783534267156
Page: 224
View: 3831

Women Under Islam

Gender Justice and the Politics of Islamic Law
Author: Christina Jones-Pauly,Abir Dajani Tuqan
Publisher: I.B.Tauris
ISBN: 0857720139
Category: Social Science
Page: 560
View: 2593
Is Islam inherently anti-women? In this groundbreaking work, Christina Jones-Pauly and Abir Dajani Tuqan examine the history and practice of Islamic law as it affects women throughout the world. They highlight the diversity of ways in which it has been interpreted, leading both to the progressive family-planning policies of Tunisia and the more conservative personal status laws of Egypt. Seeking to understand how a set of religious laws which initially empowered women subsequently became a tool for their oppression, they shift the debate away from whether Islamic law itself is misogynistic or not, and look instead at the contexts in which it has been applied, both in Arab and non-Arab cultures. The most important factor in determining whether court rulings are disadvantageous to women is not, they conclude, the conservativeness of the society, it is the institutions of that society, and in particular its pre-Islamic institutional history and the independence of its judiciary. In Pakistan, for example, the higher courts have been unable to resist popular and political pressure to criminalise extra-marital sexual relations, yet interpret the law themselves in a liberal way in keeping with the original spirit of the Qur’an and the Hadiths. The book also provides innovative insight into the application of Islamic law in countries where Muslims are the minority, exploring how the evolution of Sharia in South Africa’s constitutionalist legal framework creates new possibilities for progressive interpretations. Interweaving legal scholarship and detailed on the ground case studies, Women Under Islam provides both a rich reference resource and new way of understanding gender politics in the Islamic world.

Islam and the Politics of Secularism

The Caliphate and Middle Eastern Modernization in the Early 20th Century
Author: Nurullah Ardic
Publisher: Routledge
ISBN: 1136489843
Category: History
Page: 408
View: 9164
This book examines the process of secularization in the Middle East in the late 19th and early 20th century through an analysis of the transformation and abolition of Islamic Caliphate. Focusing on debates in both the center of the Caliphate and its periphery, the author argues that the relationship between Islam and secularism was one of accommodation, rather than simply conflict and confrontation, because Islam was the single most important source of legitimation in the modernization of the Middle East. Through detailed analysis of both official documents and the writings of the intellectuals who contributed to reforms in the Empire, the author first examines the general secularization process in the Ottoman Empire from the late 18th century up to the end of the 1920s. He then presents an in-depth analysis of a crucial case of secularization: the demise of Islamic Caliphate. Drawing upon a wide range of secondary and primary sources on the Caliphate and the wider process of political modernization, he employs discourse analysis and comparative-historical methods to examine how the Caliphate was first transformed into a "spiritual" institution and then abolished in 1924 by Turkish secularists. Ardıç also demonstrates how the book’s argument is applicable to wider secularization and modernization processes in the Middle East. Deriving insights from history, anthropology, Islamic law and political science, the book will engage a critical mass of scholars interested in Middle Eastern studies, political Islam, secularization and the near-global revival of religion as well as the historians of Islam and late-Ottoman Empire, and those working in the field of historical sociology and the sociology of religion as a case study.

The Politics of Shari'a Law

Islamist Activists and the State in Democratizing Indonesia
Author: Michael Buehler
Publisher: Cambridge University Press
ISBN: 1107130220
Category: Law
Page: 286
View: 5561
An original and timely exploration of the continuing Islamization of Indonesian politics despite the electoral decline of Islamist parties.

Religion, the Secular, and the Politics of Sexual Difference

Author: Linell E. Cady,Tracy Fessenden
Publisher: Columbia University Press
ISBN: 0231536046
Category: Religion
Page: 344
View: 3668
Global struggles over women's roles, rights, and dress increasingly cast the secular and the religious in tense if not violent opposition. When advocates for equality speak in terms of rights and modern progress, or reactionaries ground their authority in religious and scriptural appeals, both tend to presume women's emancipation is ineluctably tied to secularization. Religion, the Secular, and the Politics of Sexual Difference upsets this certainty by drawing on diverse voices and traditions in studies that historicize, question, and test the implicit links between secularism and expanded freedoms for women. Rather than position secularism as the answer to conflicts over gender and sexuality, this volume shows both religion and the secular collaborate in creating the conditions that generate them.

Der Untergang des Morgenlandes

Warum die islamische Welt ihre Vormacht verlor
Author: Bernard Lewis
ISBN: 3838757920
Category: History
Page: 254
View: 4736
Die Probleme der islamischen Welt sind unübersehbar, ebenso deren Folgen für den Westen. Mit dieser provokanten Feststellung analysiert Beranard Lewis die historische Entwicklung des Orients - insbesondere des Osmanischen Reiches und seine Nachfolgestaaten: Die einstige Drehscheibe der Kultur, des Fortschritts und der Kunst verlor im Laufe der Geschichte ihre zivilisatorische Vormachtrolle gegenüber dem Westen und geriet in einen konfliktträchtigen Dualismus zwischen Tradition und Moderne. Das E-Book wendet sich an Leser und Leserinnen, die sich für Lösungsansätze der Krise zwischen der islamischen und der westlichen Welt interessieren: Themenfelder wie Wohlstand und Macht, soziale und kulturelle Schranken, Modernisierung und soziale Gleichheit, Säkularismus und Zivilgesellschaft. Zeit, Raum und Modernität sind die Leitfäden der Darstellung. Die Originalausgabe des Bandes aus der Feder des Princeton-Emeritus Lewis erschien unter dem Titel "What went wrong?".

Die politische Rolle der stadtrömischen Plebs in der Kaiserzeit

Author: Katja Kröss
Publisher: BRILL
ISBN: 9004339744
Category: History
Page: 384
View: 7929
Die politische Rolle der stadtrömischen Plebs in der Kaiserzeit uses focused source criticism to assess the works of Tacitus, Suetonius, Dio Cassius, and others and deliver new insights both into the narrative functions and historical actions of the Roman people. In Die politische Rolle der stadtrömischen Plebs in der Kaiserzeit werden durch einen quellenkritischen Zugang, insbesondere zu den Werken des Tacitus, Sueton und Cassius Dio, neue Einsichten sowohl in die narrativen Funktionen des Volkes als auch in dessen historische Aktivitäten ermöglicht.

Religion and the Politics of Peace and Conflict

Author: Linda Hogan,Dylan Lehrke
Publisher: Wipf and Stock Publishers
ISBN: 1630878235
Category: Religion
Page: 262
View: 4715
The connections between religion and violence are complex and multifaceted. From the conflicts in Middle East and the Balkans to those in Southeast Asia and beyond, religion frames and legitimates political violence. Moreover, in international relations since 9/11, religious language and metaphors have acquired a new significance. In this context the emerging consensus appears to be not only that violence is intrinsic to religion, but also that religions incite, legitimate, and intensify political violence. However, such an unambiguous indictment of religions is incomplete in that it fails both to appreciate significant counter examples and to recognize the diversity that exists within religions on the issue of violence, particularly the religious roots of pacifism and the ethics of non-violence. This collection explores aspects of this ambivalence between religion and violence. It focuses on traditions of legitimation and pacifism within the three monotheistic religions: Judaism, Christianity and Islam, and concludes with an examination of this ambivalence as it unfolds in each tradition's engagement with the politics of gender.

The Politics of Adoption

International Perspectives on Law, Policy & Practice
Author: Kerry O'Halloran
Publisher: Springer Science & Business Media
ISBN: 1402091524
Category: Law
Page: 496
View: 8986
This book analyses the social and legal functions of adoption in selected societies worldwide, and reviews the current global wave of adoption law reform. The author explores trends such as inter-country adoption, and examines similarities and differences in the experience of many nations. The book also provides a window for testing the presumption that within and between cultures there exists a common understanding of what is meant by adoption.

Islamic Law (RLE Politics of Islam)

Social and Historical Contexts
Author: Aziz Al-Azmeh
Publisher: Routledge
ISBN: 113461005X
Category: Reference
Page: 296
View: 5162
This book underlines the mutability of Islamic law and attempts to relate its substantive and institutional varieties and transformations to social, political, economic and other historical circumstances. The studies in the book range from discussion of the received wisdom in Islamic law to studies of legal institutions and the theoretical means employed by Islamic law for the accommodation of changing historical circumstances. First published in 1988.

In the Shadow of Shari'ah

Islam, Islamic Law and Democracy in Pakistan
Author: Matthew J. Nelson
Publisher: Hurst Publishers
ISBN: 1850659265
Category: Religion
Page: 288
View: 3885
Recent events in Pakistan, and more widely in the Islamic world, have sparked an unprecedented level of interest in the relationship between Islam and democracy. Studies of Islamic law (Shari'ah) lie at the heart of this trend, but carefully researched studies of Islamic law as it actually unfolds "on the ground" remain extremely rare. This book promises to fill that gap, using a detailed study of Islamic laws in Pakistan to show exactly how the relationship between Islam, Islamic law and democracy is understood and, potentially, transformed in different cultural contexts. In the Shadow of Shari'ah reveals that Islam are neither compatible nor incompatible in any permanent or specific sense; they simply become more or less compatible owing to the historically embedded choices of individual Muslims regarding specific approaches to the law.

The Politics of Islamic Reassertion (RLE Politics of Islam)

Author: Mohammed Ayoob
Publisher: Routledge
ISBN: 113461117X
Category: Reference
Page: 302
View: 4984
The Iranian Revolution has catalysed the preconceptions holding sway in the Western World about the character of Islam and its politics, based as they are on a mixture of imagined cultural superiority and a latent fear of a resurgence similar to the Arab conquests of the seventh and eighth centuries of the long Ottoman domination of Eastern Europe. This book constitutes a counterweight to such monolithic perceptions of Islam. It surveys the nature of opinion and of government in the larger Muslim regions of the world, and the position of Muslims in states where they are not the dominant population. Each contributor expresses his own assessment of the regional data, and the editor’s concluding chapter draws together the threads of a work which will form an important contribution to international understanding and a first breach in the ‘Green Curtain’ dividing East and West. First published in 1981.

The Transnational and the Local in the Politics of Islam

The Case of West Sumatra, Indonesia
Author: Delmus Puneri Salim
Publisher: Springer
ISBN: 3319154133
Category: Religion
Page: 174
View: 1870
This book explores the relationship between transnational and local Islam as expressed in public discourse and policy-making, as represented in the local press. It does so against the background of local governments in majority Muslim regions across Indonesia promoting and passing regulations that mandate forms of social or economic behaviour seen to be compatible with Islam. The book situates the political construction of Islamic behaviour in West Sumatra, and in Indonesia more generally, within an historical context in which rulers have in some way engaged with aspects of Islamic practice since the Islamic kingdom era. The book shows that while formal local Islamic regulations of this kind constitute a new development, their introduction has been a product of the same kinds of interactions between international, national and local elements that have characterised the relationship between Islam and politics through the course of Indonesian history. The book challenges the scholarly tendency to over-emphasise local political concerns when explaining this phenomenon, arguing that it is necessary to forefront the complex relationship between local politics and developments in the wider Islamic world. To illustrate the relationship between transnational and local Islam, the book uses detailed case studies of four domains of regulation: Islamic finance, zakat, education and behaviour and dress, in a number of local government areas within the province.

Law and Power in the Islamic World

Author: Sami Zubaida
Publisher: I.B.Tauris
ISBN: 9781850439349
Category: History
Page: 248
View: 3186
Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests.

Muslim Women and the Politics of Participation

Implementing the Beijing Platform
Author: Mahnaz Afkhami,Erika Friedl
Publisher: Syracuse University Press
ISBN: 9780815627593
Category: History
Page: 198
View: 8696
At the Fourth World Conference on Women in Beijing, the international community accepted women's rights as human rights, and with it the charge to work toward the full integration of women in the affairs of their respective nations. Muslim Women and the Politics of Participation is about ways of promoting women's participation in the affairs of Muslim societies: from raising consciousness and changing codes of law to penetrating the economic markets and influencing national and international policies. Editors Mahnaz Afkhami and Erika Friedl challenge stereotypes about Muslim women and probe the difficulties and possibilities women face as they work for positive social change. Sixteen activists and politicians from international organizations - most from Muslim countriesdiscuss, for the first time, major issues relevant to Muslim women striving to achieve their human rights through political participation.

The Politics of Personal Law in South Asia

Identity, Nationalism and the Uniform Civil Code
Author: Partha S. Ghosh
Publisher: Routledge
ISBN: 1136705112
Category: Law
Page: 352
View: 3159
It is a political study of the controversy surrounding the issue of the uniform civil code vis-à-vis personal laws from a South Asian perspective. At the centre of the debate is whether there should be a centralized view of the legal system in a given society or a decentralized view, both horizontally and vertically. This issue is entangled within the threads of identity politics, minority rights, women’s rights, national integration, global Islamic politics and universal human rights. Champions of each category view it through their own prisms, making the debate extremely complex, especially in politically and socially plural South Asia. So, this book attempts to harmonize the threads of the debate to provide a holistic political analysis.