State, Society, and Law in Islam

State, Society, and Law in Islam PDF Author:
Publisher:
ISBN: 9780791418772
Category :
Languages : en
Pages : 0

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Book Description

State, Society, and Law in Islam

State, Society, and Law in Islam PDF Author:
Publisher:
ISBN: 9780791418772
Category :
Languages : en
Pages : 0

Get Book Here

Book Description


State, Society, and Law in Islam

State, Society, and Law in Islam PDF Author: Haim Gerber
Publisher: State University of New York Press
ISBN: 1438403941
Category : History
Languages : en
Pages : 244

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Book Description
This book explores the legal structure of the Ottoman Empire between the sixteenth and early nineteenth centuries and examines its association with the Empire's sociopolitical structure. The author's main focus is on the relationship between formal Islamic law and the law as it was actually administered in seventeenth- and eighteenth-century Istanbul and its environs. Using court records, other primary archival documents, and little-used Islamic literature, Gerber establishes for the first time that large bodies of the law were indeed practiced and enforced as law. This refutes the ethnocentric Western view, propagated by Max Weber, that Islamic law was dispensed arbitrarily because of a widening gap between ossified Muslim law and a changing Muslim society. Gerber furthermore integrates his empirical research into a wider theoretical framework adapted from legal and historical-legal anthropology and uses this material as the basis for comparisons between the Ottoman Empire's legal system and other legal systems, most notably that of Morocco. This book shows that although Islamic law as practiced did have to contend with an inviolable sacred core, historical development nevertheless took place that can shed new light on the civilization of Islam.

The Concept of State and Law in Islam

The Concept of State and Law in Islam PDF 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.

The Politics of Islamic Law

The Politics of Islamic Law PDF 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.

Islam and the Secular State

Islam and the Secular State PDF Author: Abdullahi Ahmed An-Na'im
Publisher: Harvard University Press
ISBN: 0674261445
Category : Law
Languages : en
Pages : 346

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Book Description
What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.

Islamic Law and the State

Islamic Law and the State PDF Author: Sherman A. Jackson
Publisher: BRILL
ISBN: 9789004104587
Category : Business & Economics
Languages : en
Pages : 302

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Book Description
A discussion of the constitutional jurisprudence of an important Egyptian jurist of the M lik school, Shih b al-D n al-Qar f .

Studies in Islamic Law, Religion, and Society

Studies in Islamic Law, Religion, and Society PDF Author: Harbans Singh Bhatia
Publisher: Deep and Deep Publications
ISBN:
Category : Religion
Languages : en
Pages : 464

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Book Description
This Book Provides The Reader With Authentic, Original And Comprehensive Information On- Scriptual, Doctrinal, Ethical, Social, Political, Legal, Judicial Etc. As It Deals With Almost All Aspects Of Islam And Islamisation. In This Important Book The Learned Authors Study Scholastically And Explicitly; The History Of Islamic Law, Nature Of Islamic Law, Sources Of Islamic Law, Islamic Concept Of State, State And Religion, The Muslim World- Classification Of Legal Systems, Islamisation Of Laws In Pakistan, Islamic Law And Administration Of Justice, A New Approach To Understanding Of Islam, Islam And Christianity, The Practical Laws Of Islam, Marriage Guardianship And Minor`S Marriage In Islamic Law, Sucide Or Termination Of Life (The Islamic View), Political Parties And Leadership In An Islamic State, Muslim Art, Literature And Science, Etc.

Shari'a Politics

Shari'a Politics PDF Author: Robert W. Hefner
Publisher: Indiana University Press
ISBN: 0253223105
Category : History
Languages : en
Pages : 346

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Book Description
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'a 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. -- Publisher description.

The Principles of State and Government in Islam

The Principles of State and Government in Islam PDF Author: Muhammad Asad
Publisher: Univ of California Press
ISBN: 0520313461
Category : Political Science
Languages : en
Pages : 124

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Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1961.

The Impossible State

The Impossible State PDF 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.