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: 2192
DOWNLOAD NOW »
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.

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: 022632334X
Category: Law
Page: 351
View: 2009
DOWNLOAD NOW »
"In [this book], Iza R. 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{u06E5}a, but that 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 colonia 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 colonia powers in multiple locations. ... Combining a genealogy of law with a political analysis of its institutional dynamics, t his book offers an up-close-look at the ways in which global transformations are realized at the local level."--Back cover.

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: 642
DOWNLOAD NOW »
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._x000D_ _x000D_ 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._x000D_ _x000D_ 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._x000D_ _x000D_ 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: 2699
DOWNLOAD NOW »
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 Islam in the Sahel

Between Persuasion and Violence
Author: Rahmane Idrissa
Publisher: Routledge
ISBN: 135198196X
Category: Political Science
Page: 290
View: 2910
DOWNLOAD NOW »
‘Ideologies need enemies to thrive, religion does not’. Using the Sahel as a source of five comparative case studies, this volume aims to engage in the painstaking task of disentangling Islam from the political ideologies that have issued from its theologies to fight for governmental power and the transformation of society. While these ideologies tap into sources of religious legitimacy, the author shows that they are fundamentally secular or temporal enterprises, defined by confrontation with other political ideologies–both progressive and liberal–within the arena of nation states. Their objectives are the same as these other ideologies, i.e., to harness political power for changing national societies, and they resort to various methods of persuasion, until they break down into violence. The two driving questions of the book are, whence come these ideologies, and why do they–sometimes–result in violence? Ideologies of Salafi radicalism are at work in the five countries of the Sahel region, Burkina Faso, Mali, Niger, (Northern) Nigeria and Senegal, but violence has broken out only in Mali and Northern Nigeria. Using a theoretical framework of ideological development and methods of historical analysis, Idrissa traces the emergence of Salafi radicalism in each of these countries as a spark ignited by the shock between concurrent processes of Islamization and colonization in the 1940s. However, while the spark eventually ignited a blaze in Mali and Nigeria, it has only led to milder political heat in Niger and Senegal and has had no burning effect at all in Burkina Faso. By meticulously examining the development of Salafi radicalism ideologies over time in connection with developments in national politics in each of the countries, Idrissa arrives at compelling conclusions about these divergent outcomes. Given the many similarities between the countries studied, these divergences show, in particular, that history, the behaviour of state leaders and national sociologies matter–against assumptions of ‘natural’ contradictions between religion (Islam) and secularism or democracy. This volume offers a new perspective in discussions on ideology, which remains–as is shown here–the independent variable of many key contemporary political processes, either hidden in plain sight or disguised in a religious garb.

Muslim Politics


Author: Dale F. Eickelman,James Piscatori
Publisher: Princeton University Press
ISBN: 0691187789
Category: Social Science
Page: N.A
View: 3488
DOWNLOAD NOW »


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: 8013
DOWNLOAD NOW »
An original and timely exploration of the continuing Islamization of Indonesian politics despite the electoral decline of Islamist parties.

The Politics of the Veil


Author: Joan Wallach Scott
Publisher: Princeton University Press
ISBN: 0691147981
Category: History
Page: 224
View: 9345
DOWNLOAD NOW »
In 2004, the French government instituted a ban on the wearing of "conspicuous signs" of religious affiliation in public schools. Though the ban applies to everyone, it is aimed at Muslim girls wearing headscarves. Proponents of the law insist it upholds France's values of secular liberalism and regard the headscarf as symbolic of Islam's resistance to modernity. The Politics of the Veil is an explosive refutation of this view, one that bears important implications for us all. Joan Wallach Scott, the renowned pioneer of gender studies, argues that the law is symptomatic of France's failure to integrate its former colonial subjects as full citizens. She examines the long history of racism behind the law as well as the ideological barriers thrown up against Muslim assimilation. She emphasizes the conflicting approaches to sexuality that lie at the heart of the debate--how French supporters of the ban view sexual openness as the standard for normalcy, emancipation, and individuality, and the sexual modesty implicit in the headscarf as proof that Muslims can never become fully French. Scott maintains that the law, far from reconciling religious and ethnic differences, only exacerbates them. She shows how the insistence on homogeneity is no longer feasible for France--or the West in general--and how it creates the very "clash of civilizations" said to be at the root of these tensions. The Politics of the Veil calls for a new vision of community where common ground is found amid our differences, and where the embracing of diversity--not its suppression--is recognized as the best path to social harmony.

Islamic Exceptionalism

How the Struggle Over Islam Is Reshaping the World
Author: Shadi Hamid
Publisher: St. Martin's Press
ISBN: 1466866721
Category: Political Science
Page: 256
View: 6178
DOWNLOAD NOW »
In Islamic Exceptionalism, Brookings Institution scholar and acclaimed author Shadi Hamid offers a novel and provocative argument on how Islam is, in fact, "exceptional" in how it relates to politics, with profound implications for how we understand the future of the Middle East. Divides among citizens aren't just about power but are products of fundamental disagreements over the very nature and purpose of the modern nation state—and the vexing problem of religion’s role in public life. Hamid argues for a new understanding of how Islam and Islamism shape politics by examining different models of reckoning with the problem of religion and state, including the terrifying—and alarmingly successful—example of ISIS. With unprecedented access to Islamist activists and leaders across the region, Hamid offers a panoramic and ambitious interpretation of the region's descent into violence. Islamic Exceptionalism is a vital contribution to our understanding of Islam's past and present, and its outsized role in modern politics. We don't have to like it, but we have to understand it—because Islam, as a religion and as an idea, will continue to be a force that shapes not just the region, but the West as well in the decades to come.

Shariʻa Politics

Islamic Law and Society in the Modern World
Author: Robert W. Hefner
Publisher: Indiana University Press
ISBN: 0253223105
Category: History
Page: 329
View: 3983
DOWNLOAD NOW »
One of the most important developments in Muslim politics in recent years has been the spread of movements calling for the implementation of shari`a or Islamic law. Shari`ʻa Politics maps the ideals and organization of these movements and examines their implications for the future of democracy, citizen rights, and gender relations in the Muslim world. These studies of eight Muslim-majority societies, and state-of-the-field reflections by leading experts, provide the first comparative investigation of movements for and against implementation of shari`a. These essays reveal that the Muslim public's interest in shari`a does not spring from an unchanging devotion to received religious tradition, but from an effort to respond to the central political and ethical questions of the day.

The Princeton Encyclopedia of Islamic Political Thought


Author: Gerhard Böwering,Patricia Crone
Publisher: Princeton University Press
ISBN: 0691134847
Category: Political Science
Page: 656
View: 8474
DOWNLOAD NOW »
"In 2012, the year 1433 of the Muslim calendar, the Islamic population throughout the world was estimated at approximately a billion and a half, representing about one-fifth of humanity. In geographical terms, Islam occupies the center of the world, stretching like a big belt across the globe from east to west."--P. vii.

Politics of Piety

The Islamic Revival and the Feminist Subject
Author: Saba Mahmood
Publisher: Princeton University Press
ISBN: 0691149801
Category: Religion
Page: 233
View: 5709
DOWNLOAD NOW »
Politics of Piety is a groundbreaking analysis of Islamist cultural politics through the ethnography of a thriving, grassroots women's piety movement in the mosques of Cairo, Egypt. Unlike those organized Islamist activities that seek to seize or transform the state, this is a moral reform movement whose orthodox practices are commonly viewed as inconsequential to Egypt's political landscape. Saba Mahmood's compelling exposition of these practices challenges this assumption by showing how the ethical and the political are indelibly linked within the context of such movements. Not only is this book a sensitive ethnography of a critical but largely ignored dimension of the Islamic revival, it is also an unflinching critique of the secular-liberal assumptions by which some people hold such movements to account. The book addresses three central questions: How do movements of moral reform help us rethink the normative liberal account of politics? How does the adherence of women to the patriarchal norms at the core of such movements parochialize key assumptions within feminist theory about freedom, agency, authority, and the human subject? How does a consideration of debates about embodied religious rituals among Islamists and their secular critics help us understand the conceptual relationship between bodily form and political imaginaries? Politics of Piety is essential reading for anyone interested in issues at the nexus of ethics and politics, embodiment and gender, and liberalism and postcolonialism. In a substantial new preface, Mahmood addresses the controversy sparked by the original publication of her book and the scholarly discussions that have ensued.

Islam and Human Rights

Tradition and Politics
Author: Ann Elizabeth Mayer
Publisher: Routledge
ISBN: 0429974752
Category: Political Science
Page: 322
View: 9928
DOWNLOAD NOW »
Islam and Human Rights is a probing examination of how the Islamic tradition has been exploited for political ends by regimes and institutions seeking to legitimize policies inimical to human rights. Ann Elizabeth Mayer critically appraises Islamic human rights schemes that dilute the human rights afforded by international law, comparing them with the complex Islamic legal heritage and international human rights law. Challenging stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective deployment of elements of the Islamic tradition by conservative forces seeking to delegitimize demands for democracy and human rights.The fifth edition provides an updated consideration of government policies on Islam and human rights activism and how they are affecting developments in several Middle Eastern countries, and features a new chapter on the resistance of human rights for sexual minorities by the Organization of Islamic Cooperation (OIC) project to co-opt international human rights law to criminalize ?defamation of Islam? occurring in the West. The new edition also analyzes the other most recent and important issues of the region, including:The burgeoning pressures in the Middle East for human rights leading up to the Arab Spring;The ambitious campaign of the (OIC) to influence the UN human rights system by forging alliances with non-Muslim states hostile to human rights; The concerted efforts by this cross-cultural alliance to subvert international human rights law under pretenses of supporting human rights;The intensifying controversies over issues of sexual orientation and gender identity in the Middle East;The Danish Cartoons controversy and the OIC project to co-opt international human rights law to criminalize ?defamation of Islam? occurring in the West.

In Quest of Justice

Islamic Law and Forensic Medicine in Modern Egypt
Author: Khaled Fahmy
Publisher: Univ of California Press
ISBN: 0520971728
Category: History
Page: 392
View: 1910
DOWNLOAD NOW »
In Quest of Justice provides the first full account of the establishment and workings of a new kind of state in Egypt in the modern period. Drawing on groundbreaking research in the Egyptian archives, this highly original book shows how the state affected those subject to it and their response. Illustrating how shari’a was actually implemented, how criminal justice functioned, and how scientific-medical knowledges and practices were introduced, Khaled Fahmy offers exciting new interpretations that are neither colonial nor nationalist. Moreover he shows how lower-class Egyptians did not see modern practices that fused medical and legal purposes in new ways as contrary to Islam. This is a major contribution to our understanding of Islam and modernity.

The Politics of Piety

The Islamic Revival and the Feminist Subject
Author: Jessica Johnson,Ian Fairweather
Publisher: CRC Press
ISBN: 1351353292
Category: Social Science
Page: 100
View: 5036
DOWNLOAD NOW »
Saba Mahmood’s 2005 Politics of Piety is an excellent example of evaluation in action. Mahmood’s book is a study of women’s participation in the Islamic revival across the Middle East. Mahmood – a feminist social anthropologist with left-wing, secular political values – wanted to understand why women should become such active participants in a movement that seemingly promoted their subjugation. As Mahmood observed, women’s active participation in the conservative Islamic revival presented (and presents) a difficult question for Western feminists: how to balance cultural sensitivity and promotion of religious freedom and pluralism with the feminist project of women’s liberation? Mahmood’s response was to conduct a detailed evaluation of the arguments made by both sides, examining, in particular, the reasoning of female Muslims themselves. In a key moment of evaluation, Mahmood suggests that Western feminist notions of agency are inadequate to arguments about female Muslim piety. Where Western feminists often restrict definitions of women’s agency to acts that undermine the normal, male-dominated order of things, Mahmood suggests, instead, that agency can encompass female acts that uphold apparently patriarchal values. Ultimately the Western feminist framework is, in her evaluation, inadequate and insufficient for discussing women’s groups in the Islamic revival.

The Impossible State

Islam, Politics, and Modernity's Moral Predicament
Author: Wael B. Hallaq
Publisher: Columbia University Press
ISBN: 023116257X
Category: History
Page: 272
View: 8297
DOWNLOAD NOW »
Wael B. Hallaq boldly argues that the ÒIslamic state,Ó judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernityÕs moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the stateÕs technologies of the self are severely lacking in moral substance, and todayÕs Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine ShariÕa governance. The IslamistsÕ constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other Òcrises of IslamÓ are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.

Contracting Fear

Islamic Law in the Middle East and Middle America
Author: Khurram Dara
Publisher: Wipf and Stock Publishers
ISBN: 1498204139
Category: Religion
Page: 146
View: 7458
DOWNLOAD NOW »
If you've ever read a news story about radical Islam, you've probably seen "sharia law" mentioned. But for something that is becoming increasingly prevalent in political rhetoric, it's hard to believe how little most people actually know about Islamic law. In this concise and instructive book, Khurram Dara explains not only the history and origins of Islamic law but also the interesting role it has played in the politics of the Middle East and Middle America. Challenging the conventional wisdom that Islamic law is rigid and permanent, Dara argues that the political and cultural realities of its formation suggest otherwise and should change how Islamic law is thought of and discussed in both the East and the West. Combining religious history with legal analysis, Contracting Fear explains Islamic law in the context of the global political climate today.

Politics, Law, and Community in Islamic Thought

The Taymiyyan Moment
Author: Ovamir Anjum
Publisher: Cambridge University Press
ISBN: 1107014069
Category: History
Page: 294
View: 1415
DOWNLOAD NOW »
This study reassesses the influence and philosophy of Ibn Taymiyya, one of the greatest medieval Islamic theologians.

A History of Islamic Law


Author: N. Coulson
Publisher: Routledge
ISBN: 9781138518261
Category: Islamic law
Page: 272
View: 7246
DOWNLOAD NOW »
Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.

The Languages of Religion

Exploring the Politics of the Sacred
Author: Sipra Mukherjee
Publisher: Taylor & Francis
ISBN: 0429880081
Category: Religion
Page: 248
View: 8266
DOWNLOAD NOW »
This book analyses the power that religion wields upon the minds of individuals and communities and explores the predominance of language in the actual practice of religion. Through an investigation of the diverse forms of religious language available — oral traditions, sacred texts, evangelical prose, and national rhetoric used by ‘faith-insiders’ such as missionaries, priests, or religious leaders who play the communicator’s role between the sacred and the secular — the chapters in the volume reveal the dependence of religion upon language, demonstrating how religion draws strength from a past that is embedded in narratives, infusing the ‘sacred’ language with political power. The book combines broad theoretical and normative reflections in contexts of original, detailed and closely examined empirical case studies. Drawing upon resources across disciplines, the book will be of interest to scholars of religion and religious studies, linguistics, politics, cultural studies, history, sociology, and social anthropology.