Muslim Laws Politics And Society In Modern Nation States
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Muslim Laws, Politics and Society in Modern Nation States by Ihsan Yilmaz Pdf
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.
Examining the theoretical problems which arose when the modern European ideology of nationalism was adopted by Muslim societies organized into formally modern states, this book, first published in 1987, also deals with the practical difficulties arising from the doctrinal incompatibility between Islam and the non-Muslim concept of the territorial nation-state. It illustrates this conflict with a consideration of the record of several states in the Islamic world. It suggests that whereas the state, an organization of power, has been a most durable institution in Islamic history, the legitimacy of the nation-state has always been challenged in favour of the wide Islamic Nation, the "umma", which comprises all the faithful without reference to territorial boundaries. To this extent too, the more recent conception of Arab nationalism projects a far larger nation-state than the existing territorial states in the Arab world today. This title will be of interest to students of Middle Eastern studies.
Author : Robert W. Hefner,Patricia Horvatich Publisher : University of Hawaii Press Page : 336 pages File Size : 42,7 Mb Release : 1997-09-01 Category : Political Science ISBN : 9780824863029
Islam in an Era of Nation-States by Robert W. Hefner,Patricia Horvatich Pdf
The renewal of the Muslim faith, which has occurred not only in Asia but in other parts of the world, has prompted warnings of an imminent "clash of civilizations" between Islam and the West. Islam in an Era of Nation-States examines the history, politics, and meanings of this resurgence in Indonesia, Malaysia, and the Philippines and explores its implications for Southeast Asia, the larger Muslim world, and the West. This volume will be of interest to students of Islam, Southeast Asian history, and the anthropology of religion. In examining the politics and meanings of Islamic resurgence, it will also speak to political scientists, religious scholars, and others concerned with culture and politics in the late modern era.
Modern Perspectives on Islamic Law by E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen Pdf
'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.
Shari'a Law and the Modern Nation-state by Norani Othman Pdf
The arguments presented and the issues raised in this book demand serious consideration from a readership of thinking Muslims who in equal measure value their religious heritage and recognise the need to shape intelligently a sustainable future for its inheritors. left solely to those conventionally recognised as religiously learned, or to any special section of the umma. Rather, it is the common task of all within the worldwide umma if contemporary Muslims are to find ways of effectively addressing the challenges of today and tomorrow. and understandings of Islamic law (including the hudud punishments) that date back to the early centuries of Islamic civilisation, the need to foster an enlightened and contemporary understanding of enduring Qur'anic imperatives is both necessary and urgent. prove a significant contribution to the emergence of such an approach: one that is both authentically grounded in the Qur'anic worldview and at the same time based upon a discerning appreciation of the challenges of ever advancing modernity, upon which today's Muslims cannot, and should not, turn their backs. evolution of Islamic law and a noted international Islamic human rights lawyer, provide the point of departure for the contributors to this book. mandatory, must as a matter of religious faith and obligation be implemented in our own times is unhistorical and unsustainable. Dr. An-Na'im argues All projects aiming at the modern implementation and enforcement of such formulations of shari'a, whatever understanding or misunderstandings their proponents may have of their own motivations, are therefore simply human projects lacking all divine sanction. towards clarifying an urgent and contentious question in contemporary Malaysia. Yet the implications of its arguments reach far beyond Malaysia's borders to the entire Muslim world.
A comparative analysis of the nation-building projects in Turkey under both Ataturk and Erdogan, concentrating on the concept of the desired, undesired and tolerated citizen. This shows how resulting historical traumas, victimhood, insecurities, anxieties, and fears have had influenced both state and society throughout these different periods.
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.
Islam and Development by John L. Esposito,Hossein Askari Pdf
The Islamic world stretches from North America to Southeast Asia and includes some forty independent states in which Muslims constitute a majority of the population. Islam has approximately 750 million adherents and, therefore, is the second largest of the world's religions. A distinctive feature of the Islamic tradition is the belief that Islam is a total, comprehensive way of life. Religion has an integral, organic relationship to politics and society. This Islamic ideal is reflected in the development of Islamic law which was a comprehensive law, encompassing a Muslim's duties to God (worship, fasting, pilgrimage) and duties to one's fellow man (family, commercial, and criminal laws). Therefore, the Islamic tradition provided a normative system in which religion was integral to all areas of Muslim life - politics, economics, law, education, and the family. In the twentieth century Muslim countries have faced formidable political and social challenges: the struggle for independence from colonial dominance, the formation and development of independent nation states with all the pressures and problems of modernization, the Arab‐ Israeli conflict, and more recently, the emergence of the oil-producing states as a major world economic power bloc. The history of Islam in the modern period reflects the continued interaction of the Islamic tradition with the forces of change. While Islam may be acknowledged as a significant force in the precolonial period and to varying degrees during the twentieth-century independence movements, the strength and interaction of Islam in sociopolitical change has often been overlooked or underestimated. For most observers, Islam was simply an obstacle to change, an obstacle whose relevance to the political and social order would increasingly diminish
Islam in the Modern National State by Rosenthal Pdf
Dr Rosenthal describes the contemporary spiritual and intellectual crisis of Islam. The unity of religion and politics, essential in classical Islam, has largely disappeared. In Islam there has been no counterpart of the Reformation in the West; and, in the absence of radical reform, a vulnerable religious and political system has capitulated step by step to a secular nationalism which in turn has grown out of resentment of foreign influence and domination. The result is a very confused situation, close analysis of which is essential to an understanding of the place of Islam in the modern national state. Dr Rosenthal bases part of his book on the available source material; but the greater part derives from personal observation during visits to Pakistan, India, Malaya, Iran, Turkey, Tunisia and Morocco. He writes always as a detached observer and does not apply the criteria of the West to what are essentially Muslim dilemmas and problems.
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.
Islam, Law and the Modern State by Arif A. Jamal Pdf
Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.
During the 1980s, Islamic activists in the Arab Middle East have challenged the definition of "legitimate authority" and provided the means and rationale for revolutionary change, hoping to pressure established governments to alter domestic and foreign policies. No nation-state has been immune. Fearful Arab nationalist leaders, unwilling or unable to abandon decades of ideological baggage, have begun a gradual, if erratic, process of melding the spirit and letter of Islamic precepts into existing national laws and political rhetoric. Whether it is adequate to the challenge, the state nevertheless bears the onus of accommodation, because Islam and Arabism will not soon disappear. They will assume new form and substance in the changing realities of the region. Dilemmas inherent to this century and the gauntlet delivered to hitherto unquestioned political caveats will continue to exacerbate the competition between Islam and Arabism, their quest for political platforms and supporters, and the credibility of all other claimants, including the state. Visions of the future, especially when they are sacred and apocalyptic, can never be entirely freed of historical, emotive baggage. Even if Islamic political activism and pan-Arabism diminish in their intensity, they will endure as subtle, formative forces in all aspects of life. Indigenous inhabitants are fully aware that these influences have profound resonance in their lives. At the same time, these forces act like invisible sentinels in the mind, standing ready to cast a long shadow as unconscious motivators of political behavior. Sections are as follows: Declaration of Crisis; Pluralism: Minorities in the Arab World; Stateless Nations and Nationless States: Twentieth Century Disunity; Search for Unity: An Arab Sunni Core; Arabs and Non-Arabs: The Myth of Equality; Fatal Wounds: Universal Islam Takes the Offensive; and The State: Visionary Futures.
