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Author: Arif A. Jamal
Publisher:
ISBN: 9781138205482
Category : Islam and justice
Languages : en
Pages : 0
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Book Description
Developing the concept of "justice as discourse"--Justice as discourse in application -- Muslim contexts I : history and heritage -- Muslim contexts II : contemporary contexts -- Terms of engagement : (re)imagining religion, law, state, and society for Muslim contexts
Author: Arif A. Jamal
Publisher:
ISBN: 9781138205482
Category : Islam and justice
Languages : en
Pages : 0
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Book Description
Developing the concept of "justice as discourse"--Justice as discourse in application -- Muslim contexts I : history and heritage -- Muslim contexts II : contemporary contexts -- Terms of engagement : (re)imagining religion, law, state, and society for Muslim contexts
Author: Wael B. Hallaq
Publisher: Columbia University Press
ISBN: 0231530862
Category : Political Science
Languages : en
Pages : 273
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Book Description
Wael B. Hallaq boldly argues that the "Islamic state," 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 modernity's 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 state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' 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 "crises of Islam" 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.
Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360
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Book Description
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.
Author: Nada Moumtaz
Publisher: Univ of California Press
ISBN: 0520975782
Category : Religion
Languages : en
Pages : 304
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Book Description
A free open access ebook is available upon publication. Learn more at www.luminosoa.org. Up to the twentieth century, Islamic charitable endowments provided the material foundation of the Muslim world. In Lebanon, with the fall of the Ottoman Empire and the imposition of French colonial rule, many of these endowments reverted to private property circulating in the marketplace. In contemporary Beirut, however, charitable endowments have resurfaced as mosques, Islamic centers, and nonprofit organizations. A historical anthropology in dialogue with Islamic law, God's Property demonstrates how these endowments have been drawn into secular logics—no longer the property of God but of the Muslim community—and shaped by the modern state and modern understandings of charity and property. Although these transformations have produced new kinds of loyalties and new ways of being in society, Moumtaz’s ethnography reveals the furtive persistence of endowment practices that perpetuate older ways of thinking of one’s self and one’s responsibilities toward family and state.
Author: Farooq Hassan
Publisher:
ISBN:
Category : Religion
Languages : en
Pages : 328
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Book Description
A timely work which highlights the far-reaching implications of the creation of Islamic States for both Muslims and the international community.
Author: Elizabeth Lhost
Publisher: UNC Press Books
ISBN: 1469668130
Category : History
Languages : en
Pages : 377
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Book Description
Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.
Author: Rachel M. Scott
Publisher: Cornell University Press
ISBN: 1501753991
Category : Religion
Languages : en
Pages : 339
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Book Description
By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
Author: Jonathan Laurence
Publisher: Princeton University Press
ISBN: 0691219788
Category : Social Science
Languages : en
Pages : 606
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Book Description
The surprising similarities in the rise and fall of the Sunni Islamic and Roman Catholic empires in the face of the modern state Coping with Defeat presents a historical panorama of the Islamic and Catholic political-religious empires and exposes striking parallels in their relationship with the modern state. Drawing on interviews, site visits, and archival research in Turkey, North Africa, and Western Europe, Jonathan Laurence demonstrates how, over hundreds of years, both Sunni and Catholic authorities experienced three major shocks and displacements—religious reformation, the rise of the nation-state, and mass migration. As a result, Catholic institutions eventually accepted the state’s political jurisdiction and embraced transnational spiritual leadership as their central mission. Laurence reveals an analogous process unfolding across the Sunni Muslim world in the twenty-first century. Identifying institutional patterns before and after political collapse, Laurence shows how centralized religious communities relinquish power at different rates and times. Whereas early Christianity and Islam were characterized by missionary expansion, religious institutions forged in the modern era are primarily defensive in nature. They respond to the simple but overlooked imperative to adapt to political defeat while fighting off ideological challenges to their spiritual authority. Among Laurence’s findings is that the disestablishment of Islam—the doing away with Islamic affairs ministries in the Muslim world—would harm, not help with, reconciliation to the rule of law. Examining upheavals in geography, politics, and demography, Coping with Defeat considers how centralized religions make peace with the loss of prestige.
Author: Hussein Ali Agrama
Publisher: University of Chicago Press
ISBN: 0226010686
Category : Law
Languages : en
Pages : 297
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Book Description
What, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In this work, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.
Author: Noah Feldman
Publisher: Princeton University Press
ISBN: 1400824079
Category : History
Languages : en
Pages : 200
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Book Description
Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world. Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power. The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.
