The Sharia State

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The Sharia State

Bassam Tibi
The Sharia State Book PDF

Author : Bassam Tibi
Publisher : Routledge
Page : 288 pages
File Size : 47,5 Mb
Release : 2013-07-18
Category : Political Science
ISBN : 9781135924683

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The Sharia State by Bassam Tibi Pdf

Set against the backdrop of the Arab Spring, The Sharia State examines the Islamist concept of political order. This order is based on a new interpretation of sharia and has been dubbed "the Islamic state" by Islamists. The concept of "the Islamic state," has been elevated to a political agenda and it is this agenda that is examined here. In contrast to the prevailing view which sees the Arab Spring as a revolution, this book argues that the phenomenon has been neither a Spring, nor a revolution. The term 'Arab Spring,' connotes a just rebellion that led to toppling dictators and authoritarian rulers, yet in The Sharia State, Bassam Tibi challenges the unchecked assumption that the seizure of leadership by Islamists is a part of the democratization of the Middle East. Providing a new perspective on the relationship between the Arab Spring and democratization, this book is an essential read for students and scholars of Middle Eastern Studies, Islamic Studies and Politics.

Sharia and the State in Pakistan

Farhat Haq
Sharia and the State in Pakistan Book PDF

Author : Farhat Haq
Publisher : Routledge
Page : 192 pages
File Size : 43,8 Mb
Release : 2019-05-10
Category : Social Science
ISBN : 9780429619991

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Sharia and the State in Pakistan by Farhat Haq Pdf

This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers’ understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.

The Politics of Islamic Law

Iza R. Hussin
The Politics of Islamic Law Book PDF

Author : Iza R. Hussin
Publisher : University of Chicago Press
Page : 360 pages
File Size : 54,5 Mb
Release : 2016-03-31
Category : Political Science
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.

Human Rights Commitments of Islamic States

Paul McDonough
Human Rights Commitments of Islamic States Book PDF

Author : Paul McDonough
Publisher : Bloomsbury Publishing
Page : 305 pages
File Size : 50,5 Mb
Release : 2021-01-07
Category : Political Science
ISBN : 9781509919710

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Human Rights Commitments of Islamic States by Paul McDonough Pdf

This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.

Sharia Compliant

Rumee Ahmed
Sharia Compliant Book PDF

Author : Rumee Ahmed
Publisher : Encountering Traditions
Page : 0 pages
File Size : 44,9 Mb
Release : 2018
Category : Law
ISBN : 0804794014

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Sharia Compliant by Rumee Ahmed Pdf

This book covers the ins and outs of Islamic legal change and provides readers with step-by-step instructions for shaping the future of Islamic law.

Islamic State as a Legal Order

Federico Lorenzo Ramaioli
Islamic State as a Legal Order Book PDF

Author : Federico Lorenzo Ramaioli
Publisher : Routledge
Page : 212 pages
File Size : 53,5 Mb
Release : 2022-04-04
Category : Law
ISBN : 9781000566574

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Islamic State as a Legal Order by Federico Lorenzo Ramaioli Pdf

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.

Islam and the Secular State

Abdullahi Ahmed An-Na'im
Islam and the Secular State Book PDF

Author : Abdullahi Ahmed An-Na'im
Publisher : Harvard University Press
Page : 337 pages
File Size : 43,6 Mb
Release : 2010-03-30
Category : Law
ISBN : 9780674033764

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Islam and the Secular State by Abdullahi Ahmed An-Na'im Pdf

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.

Sharia, Muslim States and International Human Rights Treaty Obligations

Nisrine Abiad
Sharia Muslim States and International Human Rights Treaty Obligations Book PDF

Author : Nisrine Abiad
Publisher : BIICL
Page : 276 pages
File Size : 54,5 Mb
Release : 2008
Category : Law
ISBN : 190522141X

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Sharia, Muslim States and International Human Rights Treaty Obligations by Nisrine Abiad Pdf

This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

The Sharia State

Bassam Tibi
The Sharia State Book PDF

Author : Bassam Tibi
Publisher : Routledge
Page : 242 pages
File Size : 55,6 Mb
Release : 2013-07-18
Category : Political Science
ISBN : 9781135924614

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The Sharia State by Bassam Tibi Pdf

Set against the backdrop of the Arab Spring, The Sharia State examines the Islamist concept of political order. This order is based on a new interpretation of sharia and has been dubbed "the Islamic state" by Islamists. The concept of "the Islamic state," has been elevated to a political agenda and it is this agenda that is examined here. In contrast to the prevailing view which sees the Arab Spring as a revolution, this book argues that the phenomenon has been neither a Spring, nor a revolution. The term 'Arab Spring,' connotes a just rebellion that led to toppling dictators and authoritarian rulers, yet in The Sharia State, Bassam Tibi challenges the unchecked assumption that the seizure of leadership by Islamists is a part of the democratization of the Middle East. Providing a new perspective on the relationship between the Arab Spring and democratization, this book is an essential read for students and scholars of Middle Eastern Studies, Islamic Studies and Politics.

Islam and the Secular State

Abdullahi Ahmed An-Na'im
Islam and the Secular State Book PDF

Author : Abdullahi Ahmed An-Na'im
Publisher : Harvard University Press
Page : 346 pages
File Size : 49,6 Mb
Release : 2010-03-30
Category : Law
ISBN : 0674027760

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Islam and the Secular State by Abdullahi Ahmed An-Na'im Pdf

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.

Shari`a in the Secular State

Russell Powell
Shari a in the Secular State Book PDF

Author : Russell Powell
Publisher : Routledge
Page : 207 pages
File Size : 48,8 Mb
Release : 2016-06-10
Category : Law
ISBN : 9781317055686

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Shari`a in the Secular State by Russell Powell Pdf

Words in both law and religion can shape power relationships and are often highly disputed. Shari`a lies within the overlap of these two spheres and provides a unique subject for the study of meaning in that liminal space. This book contributes important insights related to Islamic jurisprudence and secularism in the Turkish context and regarding the role of language in contested legal and religious contexts. The study begins by providing a historical framework for the ideas and terms covered, including concepts of religion in general, Shari`a in particular, and secularism in the Turkish state. It goes on to examine empirical research to describe and analyze contemporary Turkish understandings of religion and Shari`a. The author’s research indicates that there is often a disconnect between supporting the adoption of Shari`a and supporting the regulation of everyday behavior through civil codes. Thus, “Shari`a” seems to have taken on new meanings as groups have sought either to appropriate or criticize it. It is a quintessential example of fractured and contextual meaning at the center of both religious and legal traditions. This book is essential reading for both academics and those interested in law, linguistics, history, political science, anthropology, sociology, religious studies, or Near Eastern studies.

The Politics of Shari'a Law

Michael Buehler
The Politics of Shari a Law Book PDF

Author : Michael Buehler
Publisher : Cambridge University Press
Page : 285 pages
File Size : 43,6 Mb
Release : 2016-09
Category : Political Science
ISBN : 9781107130227

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The Politics of Shari'a Law by Michael Buehler Pdf

An original and timely exploration of the continuing Islamization of Indonesian politics despite the electoral decline of Islamist parties.

Understanding Sharia

Raficq S. Abdulla,Mohamed M. Keshavjee
Understanding Sharia Book PDF

Author : Raficq S. Abdulla,Mohamed M. Keshavjee
Publisher : Bloomsbury Publishing
Page : 270 pages
File Size : 52,7 Mb
Release : 2018-04-30
Category : Religion
ISBN : 9781786724052

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Understanding Sharia by Raficq S. Abdulla,Mohamed M. Keshavjee Pdf

Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs.

What is the Sharia?

Baudouin Dupret
What is the Sharia Book PDF

Author : Baudouin Dupret
Publisher : Oxford University Press
Page : 128 pages
File Size : 44,5 Mb
Release : 2018-05-01
Category : Social Science
ISBN : 9781787380912

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What is the Sharia? by Baudouin Dupret Pdf

In the West, "sharia" often calls to mind antiquated laws founded upon gender discrimination and barbaric punishments. In the East, for some it means the ideal standards by which Muslims strive to live; for others, it is the greatest obstacle to modernization of their societies. These clashing views sometimes lead to violence. Clarification of the term has therefore become an urgent necessity. Sharia is all of these things and much more. It is the legal system of Islam, a series of guidelines and prohibitions. But it is also a concept invested with a whole range of meanings, from the virtuous attributes of an "'ideal"' society, to the confinement of particular elements to otherness and adversity. Moving through history, society and Islamic thought to explore the sources of sharia law, Baudouin Dupret gets to the heart of its uses and abuses in the twentieth and twenty-first centuries. This short, accessible book provides an invaluable guide for those seeking to understand a matter more complex and pressing today than ever before.

Recasting Islamic Law

Rachel M. Scott
Recasting Islamic Law Book PDF

Author : Rachel M. Scott
Publisher : Cornell University Press
Page : 339 pages
File Size : 50,5 Mb
Release : 2021-03-15
Category : Religion
ISBN : 9781501753992

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Recasting Islamic Law by Rachel M. Scott Pdf

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.