The Politics Of Islamic Law

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The Politics of Islamic Law

Author : Iza R. Hussin
Publisher : University of Chicago Press
Page : 360 pages
File Size : 45,8 Mb
Release : 2016-03-31
Category : Law
ISBN : 9780226323480

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The Politics of Islamic Law by Iza R. Hussin Pdf

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.

Shari'a Politics

Author : Robert W. Hefner
Publisher : Indiana University Press
Page : 346 pages
File Size : 47,9 Mb
Release : 2011-04-04
Category : History
ISBN : 9780253223104

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Shari'a Politics by Robert W. Hefner Pdf

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.

Law and Power in the Islamic World

Author : Sami Zubaida
Publisher : Bloomsbury Publishing
Page : 257 pages
File Size : 53,8 Mb
Release : 2003-05-23
Category : Political Science
ISBN : 9780857714268

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Law and Power in the Islamic World by Sami Zubaida Pdf

Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests between scholars and sultans. Drawing on modern examples, mainly from Egypt and Iran, Zubaida explores how the Shari'a has evolved and mutated to accommodate the workings of a modern state by examining the reforms of the 19th and 20th centuries and the politics of the contemporary world. Law and Power in the Islamic World is an original and significant contribution to the debates surrounding Islam and ideas of modernity. As such its appeal and importance range across a wide spectrum of readers, students and scholars interested in Islamic law and the politics and social structures of the Muslim world. "Extremely informed and highly readable: unlike any previous writings on the subject, it combines deep historical analysis with a vital sociological and political perspective. In these difficult times, it will be required reading both for experts and for the general reader with any serious interest in the world today." Eberhard Kienle, SOAS.

The Impossible State

Author : Wael B. Hallaq
Publisher : Columbia University Press
Page : 273 pages
File Size : 45,6 Mb
Release : 2012-11-20
Category : Political Science
ISBN : 9780231530866

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The Impossible State by Wael B. Hallaq Pdf

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.

Islam in Perspective (RLE Politics of Islam)

Author : Patrick Bannerman
Publisher : Routledge
Page : 291 pages
File Size : 51,7 Mb
Release : 2013-06-03
Category : Reference
ISBN : 9781134608867

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Islam in Perspective (RLE Politics of Islam) by Patrick Bannerman Pdf

There has been a significant upsurge of western interest in the political manifestations and significance of Islam in the last decade, fuelled by the notion of Islamic ‘revival’, the Iranian revolution and by events in countries as diverse as Egypt, Pakistan and Sudan. Oil power and its effect on the international economic order, the relationship of Muslim countries with the superpowers and the continuation of the Arab-Israeli conflict have also served to focus attention on Islamic politics and, in particular, on the notion of Islamic reassertion. As the author of this book argues, one result of this interest has been the development of a view of Islam as monolithic and implacable. He takes a broad view of the intellectual and cultural history of Islam, emphasising the extraordinary diversity of Islamic societies and the ways in which the ideal is often pragmatically adapted to reality. In this wider social and historical context, the nature of Islamic revival is then reassessed. First published in 1988.

The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran

Author : Saïd Amir Arjomand,Nathan J. Brown
Publisher : State University of New York Press
Page : 346 pages
File Size : 48,8 Mb
Release : 2013-03-25
Category : Political Science
ISBN : 9781438445984

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The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran by Saïd Amir Arjomand,Nathan J. Brown Pdf

In recent years, Egypt and Iran have been beset with demands for fundamental change. The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran draws together leading regional experts to provide a penetrating comparative analysis of the ways Islam is entangled with the process of democratization in authoritarian regimes. By comparing Islam and the rule of law in these two nations, one Sunni and Arab-speaking, the other Shi>ite and Persian-speaking, this volume enriches the current debate on Islam and democracy, making for a more nuanced understanding and appreciation of differences with the Muslim world, and provides an indispensible background for understanding the Green movement in Iran since 2009 and the Egyptian revolution of 2011

Islamic Law and International Law

Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
Page : 329 pages
File Size : 54,8 Mb
Release : 2019
Category : Law
ISBN : 9780190064631

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Islamic Law and International Law by Emilia Justyna Powell Pdf

"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Islam, Law and the Modern State

Author : Arif A. Jamal
Publisher : Routledge
Page : 150 pages
File Size : 41,8 Mb
Release : 2018-03-14
Category : Law
ISBN : 9781315466798

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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.

Islamic Law and Governance in Contemporary Iran

Author : Mehran Tamadonfar
Publisher : Lexington Books
Page : 387 pages
File Size : 46,7 Mb
Release : 2015-05-20
Category : Law
ISBN : 9781498507578

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Islamic Law and Governance in Contemporary Iran by Mehran Tamadonfar Pdf

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.

Women Under Islam

Author : Christina Jones-Pauly,Abir Dajani Tuqan
Publisher : I.B. Tauris
Page : 560 pages
File Size : 49,6 Mb
Release : 2011-04-29
Category : Social Science
ISBN : 1845113861

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Women Under Islam by Christina Jones-Pauly,Abir Dajani Tuqan Pdf

How Islam treats women is one of the most hotly contested questions of our times. Islamic law is often misrepresented as a single monolithic concept, rather than a collection of different interpretations and practices. To move the debate on Islamic law and gender forward, it is necessary to establish how Islamic law actually operates. This groundbreaking work explores what conditions sustain the most liberal interpretation of Islamic law on gender issues. It examines the different interpretations, histories and practices of Islamic law in different countries. It finds that the political independence of judicial institutions is a far more important factor than the relative conservativism of the society. This wide-ranging book will provide new insights not only for those studying law and gender, but for anyone with an interest in Islamic societies.

Women Under Islam

Author : Christina Jones-Pauly,Abir Dajani Tuqan
Publisher : Bloomsbury Publishing
Page : 558 pages
File Size : 53,8 Mb
Release : 2011-04-30
Category : Social Science
ISBN : 9780857720139

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Women Under Islam by Christina Jones-Pauly,Abir Dajani Tuqan Pdf

How Islam treats women is one of the most hotly contested questions of our times. Islamic law is often misrepresented as a single monolithic concept, rather than a collection of different interpretations and practices. To move the debate on Islamic law and gender forward, it is necessary to establish how Islamic law actually operates. This groundbreaking work explores what conditions sustain the most liberal interpretation of Islamic law on gender issues. It examines the different interpretations, histories and practices of Islamic law in different countries. It finds that the political independence of judicial institutions is a far more important factor than the relative conservativism of the society. This wide-ranging book will provide new insights not only for those studying law and gender, but for anyone with an interest in Islamic societies.

Islamic Law, Epistemology and Modernity

Author : Ashk Dahlen
Publisher : Routledge
Page : 477 pages
File Size : 48,7 Mb
Release : 2004-03-01
Category : Social Science
ISBN : 9781135943547

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Islamic Law, Epistemology and Modernity by Ashk Dahlen Pdf

This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.

The Renewal of Islamic Law

Author : Chibli Mallat
Publisher : Cambridge University Press
Page : 264 pages
File Size : 53,6 Mb
Release : 1993
Category : Law
ISBN : 0521531225

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The Renewal of Islamic Law by Chibli Mallat Pdf

A study of Muhammad Baqer as-Sadr - an Iraqi scholar whose ideas were influential in the rise of political Islam.

Muslim Laws, Politics and Society in Modern Nation States

Author : Ihsan Yilmaz
Publisher : Routledge
Page : 285 pages
File Size : 48,7 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351916240

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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.

The Politics of Islamic Reassertion (RLE Politics of Islam)

Author : Mohammed Ayoob
Publisher : Routledge
Page : 285 pages
File Size : 40,9 Mb
Release : 2014-03-26
Category : Reference
ISBN : 9781134611171

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The Politics of Islamic Reassertion (RLE Politics of Islam) by Mohammed Ayoob Pdf

The Iranian Revolution has catalysed the preconceptions holding sway in the Western World about the character of Islam and its politics, based as they are on a mixture of imagined cultural superiority and a latent fear of a resurgence similar to the Arab conquests of the seventh and eighth centuries of the long Ottoman domination of Eastern Europe. This book constitutes a counterweight to such monolithic perceptions of Islam. It surveys the nature of opinion and of government in the larger Muslim regions of the world, and the position of Muslims in states where they are not the dominant population. Each contributor expresses his own assessment of the regional data, and the editor’s concluding chapter draws together the threads of a work which will form an important contribution to international understanding and a first breach in the ‘Green Curtain’ dividing East and West. First published in 1981.