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Author : Yaḥyá Nūrī,Sayed Hassan Amin
Publisher : Unknown
Page : 156 pages
File Size : 42,6 Mb
Release : 1987
Category : Law
ISBN : UVA:X001276865
Author : Iza R. Hussin
Publisher : University of Chicago Press
Page : 360 pages
File Size : 55,6 Mb
Release : 2016-03-31
Category : Political Science
ISBN : 9780226323480
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 : M. Mahmood
Publisher : Gyan Publishing House
Page : 272 pages
File Size : 52,7 Mb
Release : 2006
Category : Geschichte
ISBN : 8178355205
The book is an authentic and authoritative introduction to the contemporary political establishment in Iran. The book analyses incisively the political system of the Islamic Republic of Iran. Students/research scholars of political science will find the study informative and unique in treatment on politics and prove beneficial for study.
Author : Federico Lorenzo Ramaioli
Publisher : Routledge
Page : 212 pages
File Size : 49,5 Mb
Release : 2022-04-04
Category : Law
ISBN : 9781000566574
This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.
Author : Noah Feldman
Publisher : Princeton University Press
Page : 230 pages
File Size : 52,5 Mb
Release : 2012-08-26
Category : History
ISBN : 9780691156248
"Noah Feldman tells the story behind the increasingly popular call for the establishment of the sharia--the law of the traditional Islamic state--in the modern Muslim world. Feldman goes back to the roots of classical Islamic law, under which executive power was balanced by the scholars who interpreted and administered the sharia. That balance was destroyed under Ottoman rule, resulting in the unchecked executive dominance that continues to distort politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims through sharia--but only if new institutions emerge that restore this constitutional balance of power. In a new introduction, Feldman discusses developments in Egypt, Tunisia, Libya, and other Muslim-majority countries since the Arab Spring and describes how Islamists must meet the challenge of balance if the new Islamic states are to succeed."--P. [4] of cover.
Author : Mehran Tamadonfar
Publisher : Lexington Books
Page : 387 pages
File Size : 42,9 Mb
Release : 2015-05-20
Category : Law
ISBN : 9781498507578
The current rise of Islamism throughout the Muslim world, Islamists’ demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today’s rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims’ individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists’ strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet’s demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi’a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state’s accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.
Author : Asghar Schirazi
Publisher : I.B. Tauris
Page : 340 pages
File Size : 50,9 Mb
Release : 1998-12-31
Category : History
ISBN : UVA:X030006527
With the recent landslide election victory of the reformist President Khatami in Iran, the relationship between religion and politics in Islam is likely to change dramatically. This book is a milestone in our understanding of the ideology and practice of an Islamic state. Asghar Schirazi chronicles and analyzes political life in Iran since the revolution, showing the gradual transformation of the state from intended theocracy and republic to a hierocracy in which Islam and the shari'a play a subordinate role. He thus provides the context for the dramatic debate between reformists and traditionalists in Iran. Schirazi addresses the major contradictions inherent in the Iranian constitution--between its legalistic and democratic components on the one hand, and between the alleged potential of a legally and ideologically interpreted Islam to resolve social problems as against the growing evidence that this Islam is an inadequate legal and political basis for government. He charts the gradual replacement of Islamic legalism with a political practice based centrally on the interests of the state, and points to a growing crisis of the shari'a that will open the way for possible developments of Islam in the future.
Author : Javaid Rehman,Susan Carolyn Breau
Publisher : Martinus Nijhoff Publishers
Page : 593 pages
File Size : 52,8 Mb
Release : 2007
Category : Religion
ISBN : 9789004158269
Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.
Author : Robert W. Hefner
Publisher : Indiana University Press
Page : 346 pages
File Size : 42,5 Mb
Release : 2011-04-04
Category : History
ISBN : 9780253223104
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.
Author : Ishtiaq Ahmed
Publisher : Burns & Oates
Page : 258 pages
File Size : 45,7 Mb
Release : 1987
Category : History
ISBN : UOM:39015012210764
Author : Iza R. Hussin
Publisher : University of Chicago Press
Page : 360 pages
File Size : 55,5 Mb
Release : 2016-03-31
Category : Law
ISBN : 9780226323343
In "The Politics of Islamic Law" political scientist Iza Hussin offers a genealogy of contemporary Islamic law, a political analysis of elite negotiations over religion, state, and society in the British colonial period, and a history of current Muslim approaches to law, state, and identity. Hussin argues that Islamic law as it is legislated and debated throughout the Muslim world today is no longer the "shari ah" as it previously existed. She shows that shari ah an uncodified and locally administered set of legal institutions and laws with wide-ranging jurisdiction was transformed (not eradicated as some have argued) during the British colonial period into a codified, state-centered system with jurisdiction largely limited to law regarding family, personal status, ethnic identity, and the private domain. As a result, the practices, beliefs, and possibilities inherent in law, changed, and so did the strategies, attitudes and aspirations of those who used this changing system. Its present institutional forms, its substantive content, its symbolic vocabulary, and its relationship to state and society in short, its politics are built upon foundations laid during the colonial encounter, in struggles between local and colonial elites. "The Politics of Islamic Law" undertakes a cross-regional comparison of India, Malaya, and Egypt which illustrates that Islamic law is a trans-global product shaped by local political networks. The rearrangement of the local elite combined with the new reach of the state made possible by colonial power gave local elites a vested interest in this twinning of the centrality of Islamic legitimacy and the marginalization of its legal content. These processes are traced through close examinations of debates over jurisdiction, the definition of Islamic law, and in turn the nature of the state. This work makes an important contribution to critical debates in comparative politics, history, legal anthropology, comparative law, and Islamic studies."
Author : Tilmann Röder (J.)
Publisher : Oxford University Press
Page : 755 pages
File Size : 46,6 Mb
Release : 2012-02-16
Category : LAW
ISBN : 9780199759880
Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."
Author : Ihsan Yilmaz
Publisher : Routledge
Page : 285 pages
File Size : 45,8 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351916240
Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.
Author : Muhammad Asad
Publisher : Univ of California Press
Page : 124 pages
File Size : 46,8 Mb
Release : 2023-07-28
Category : Political Science
ISBN : 9780520313460
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.
Author : Farooq Hassan
Publisher : Unknown
Page : 328 pages
File Size : 48,7 Mb
Release : 1981
Category : Religion
ISBN : UOM:39015011550723
A timely work which highlights the far-reaching implications of the creation of Islamic States for both Muslims and the international community.