The Politics of Islamic Law

Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 9780226323480
Release Date: 2016-03-31
Genre: Political Science

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.

The Politics of Islamic Law

Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 9780226323343
Release Date: 2016-03-31
Genre: Law

"In [this book], Iza R. 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{u06E5}a, but that 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 colonia 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 colonia powers in multiple locations. ... Combining a genealogy of law with a political analysis of its institutional dynamics, t his book offers an up-close-look at the ways in which global transformations are realized at the local level."--Back cover.

Shari a and Social Engineering

Author: R. Michael Feener
Publisher: OUP Oxford
ISBN: 9780191668074
Release Date: 2013-12-12
Genre: Law

This book seeks to open new lines of discussion about how Islamic law is viewed as a potential tool for programs of social transformation in contemporary Muslim society. It does this through a critical examination of the workings of the state shari'a system as it was designed and implemented at the turn of the twenty-first century in Aceh, Indonesia. While the empirical details of these discussions are unique, this particular case presents a remarkable site for investigating the broader issue of the impact of instrumentalist, future-oriented visions of Islamic law on modern Muslim calls for the state implementation of Islamic law. In post-tsunami/post-conflict Aceh, the idea of shari'a as an exercise in social engineering was amplified through resonance with an increasingly pervasive rhetoric of 'total reconstruction'. Based upon extensive fieldwork as well as critical readings of a wide range of archival materials, official documents, and local publications this work focuses on the institutions and actors involved with this contemporary project for the state implementation of Islamic law. The individual chapters are structured to deal with the major components of this system to critically examine how these institutions have taken shape and how they work. It also shows how the overall system was informed not only by aspects of late twentieth-century da'wa discourses of Islamic reform, but also modern trends in sociological jurisprudence and the impact of global models of disaster relief, reconstruction, and development. All of these streams of influence have contributed significantly to shaping the ways in which the architects and agents of the state shari'a system have attempted to use Islamic legislation and legal institutions as tools to steer society in particular desired directions.

Corporate Islam

Author: Patricia Sloane-White
Publisher: Cambridge University Press
ISBN: 9781316878712
Release Date: 2017-03-30
Genre: Social Science

Compelling and original, this book offers a unique insight into the modern Islamic corporation, revealing how power, relationships, individual identities, gender roles, and practices - and often massive financial resources - are mobilized on behalf of Islam. Focusing on Muslims in Malaysia, Patricia Sloane-White argues that sharia principles in the region's Islamic economy produce a version of Islam that is increasingly conservative, financially and fiscally powerful, and committed to social control over Muslim and non-Muslim public and private lives. Packed with fascinating details, the book is essential reading for anyone with an interest in Islamic politics and culture in modern life.

Building Democracy in Japan

Author: Mary Alice Haddad
Publisher: Cambridge University Press
ISBN: 9781107014077
Release Date: 2012-03-05
Genre: History

Offers a grassroots perspective and holistic understanding of Japan's democratization process and what it means for the nation today.

China and Islam

Author: Matthew S. Erie
Publisher: Cambridge University Press
ISBN: 9781316577998
Release Date: 2016-09-01
Genre: Law

China and Islam examines the intersection of two critical issues of the contemporary world: Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian (unofficial) law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law.

Islamic and Jewish Legal Reasoning

Author: Anver Emon
Publisher: Oneworld Publications
ISBN: 9781780748818
Release Date: 2016-03-21
Genre: Religion

By pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created. This new perspective not only provides a deeper understanding of the other’s legal tradition, but it also reveals new insights into the one’s own legal tradition, shedding light on what we had previously been too close to observe. Whether for the pursuit of advanced scholarship, pedagogic innovation in the classroom, or simply a greater appreciation of how to live in a multi-faith community, these encounters are richly-stimulating, demonstrating how legal tradition can be used as a common site for developing discussions and opening up diverse approaches to questions about law. Surrounded as we are by political, economic and social dilemmas, it offers a truly incisive model for considering the good, the right and the legal in our societies today. For a thoughtful but circumspect readership, Islamic and Jewish Legal Reasoning is essential.

What Is Islam

Author: Shahab Ahmed
Publisher: Princeton University Press
ISBN: 9781400873586
Release Date: 2015-11-17
Genre: Religion

What is Islam? How do we grasp a human and historical phenomenon characterized by such variety and contradiction? What is "Islamic" about Islamic philosophy or Islamic art? Should we speak of Islam or of islams? Should we distinguish the Islamic (the religious) from the Islamicate (the cultural)? Or should we abandon "Islamic" altogether as an analytical term? In What Is Islam?, Shahab Ahmed presents a bold new conceptualization of Islam that challenges dominant understandings grounded in the categories of "religion" and "culture" or those that privilege law and scripture. He argues that these modes of thinking obstruct us from understanding Islam, distorting it, diminishing it, and rendering it incoherent. What Is Islam? formulates a new conceptual language for analyzing Islam. It presents a new paradigm of how Muslims have historically understood divine revelation—one that enables us to understand how and why Muslims through history have embraced values such as exploration, ambiguity, aestheticization, polyvalence, and relativism, as well as practices such as figural art, music, and even wine drinking as Islamic. It also puts forward a new understanding of the historical constitution of Islamic law and its relationship to philosophical ethics and political theory. A book that is certain to provoke debate and significantly alter our understanding of Islam, What Is Islam? reveals how Muslims have historically conceived of and lived with Islam as norms and truths that are at once contradictory yet coherent.

Islamic Law in Africa

Author: J. Norman D. Anderson
Publisher: Routledge
ISBN: 9781136986819
Release Date: 2013-10-11
Genre: History

A survey of the extent to which Islamic law is applied in those parts of East and West Africa which were at one time under British administration.

Religion as Critique

Author: Irfan Ahmad
Publisher: UNC Press Books
ISBN: 9781469635101
Release Date: 2017-11-20
Genre: Religion

Irfan Ahmad makes the far-reaching argument that potent systems and modes for self-critique as well as critique of others are inherent in Islam--indeed, critique is integral to its fundamental tenets and practices. Challenging common views of Islam as hostile to critical thinking, Ahmad delineates thriving traditions of critique in Islamic culture, focusing in large part on South Asian traditions. Ahmad interrogates Greek and Enlightenment notions of reason and critique, and he notes how they are invoked in relation to "others," including Muslims. Drafting an alternative genealogy of critique in Islam, Ahmad reads religious teachings and texts, drawing on sources in Hindi, Urdu, Farsi, and English, and demonstrates how they serve as expressions of critique. Throughout, he depicts Islam as an agent, not an object, of critique. On a broader level, Ahmad expands the idea of critique itself. Drawing on his fieldwork among marketplace hawkers in Delhi and Aligarh, he construes critique anthropologically as a sociocultural activity in the everyday lives of ordinary Muslims, beyond the world of intellectuals. Religion as Critique allows space for new theoretical considerations of modernity and change, taking on such salient issues as nationhood, women's equality, the state, culture, democracy, and secularism.

Colonial and Post colonial Governance of Islam

Author: Marcel Maussen
Publisher: Amsterdam University Press
ISBN: 9789089643568
Release Date: 2011
Genre: Social Science

Colonial and post-colonial governance of Islam" is een heldere weergave van de kansen en belemmeringen voor de islam vanuit een bestuurlijke benadering met speciale aandacht voor de voortdurende strijd rond de codificatie van islamitisch onderwijs, religieuze autoriteit, wetgeving en praktijk. De auteurs onderzoeken de overeenkomsten en verschillen van de islam in het Britse, Franse en Portugese koloniale bestuur. Zij maken gebruik van hun expertise om de aard van de regelgeving in verschillende historische periodes en geografische gebieden te analyseren. Deze studie opent nieuwe mogelijkheden voor mondiaal onderzoek naar studies van de islam.

Religion and the Making of Nigeria

Author: Olufemi Vaughan
Publisher: Duke University Press
ISBN: 9780822373872
Release Date: 2016-11-18
Genre: History

In Religion and the Making of Nigeria, Olufemi Vaughan examines how Christian, Muslim, and indigenous religious structures have provided the essential social and ideological frameworks for the construction of contemporary Nigeria. Using a wealth of archival sources and extensive Africanist scholarship, Vaughan traces Nigeria’s social, religious, and political history from the early nineteenth century to the present. During the nineteenth century, the historic Sokoto Jihad in today’s northern Nigeria and the Christian missionary movement in what is now southwestern Nigeria provided the frameworks for ethno-religious divisions in colonial society. Following Nigeria’s independence from Britain in 1960, Christian-Muslim tensions became manifest in regional and religious conflicts over the expansion of sharia, in fierce competition among political elites for state power, and in the rise of Boko Haram. These tensions are not simply conflicts over religious beliefs, ethnicity, and regionalism; they represent structural imbalances founded on the religious divisions forged under colonial rule.

For Love of the Prophet

Author: Noah Salomon
Publisher: Princeton University Press
ISBN: 9781400884292
Release Date: 2016-10-25
Genre: Social Science

For some, the idea of an Islamic state serves to fulfill aspirations for cultural sovereignty and new forms of ethical political practice. For others, it violates the proper domains of both religion and politics. Yet, while there has been much discussion of the idea and ideals of the Islamic state, its possibilities and impossibilities, surprisingly little has been written about how this political formation is lived. For Love of the Prophet looks at the Republic of Sudan's twenty-five-year experiment with Islamic statehood. Focusing not on state institutions, but rather on the daily life that goes on in their shadows, Noah Salomon’s careful ethnography examines the lasting effects of state Islamization on Sudanese society through a study of the individuals and organizations working in its midst. Salomon investigates Sudan at a crucial moment in its history—balanced between unity and partition, secular and religious politics, peace and war—when those who desired an Islamic state were rethinking the political form under which they had lived for nearly a generation. Countering the dominant discourse, Salomon depicts contemporary Islamic politics not as a response to secularism and Westernization but as a node in a much longer conversation within Islamic thought, augmented and reappropriated as state projects of Islamic reform became objects of debate and controversy. Among the first books to delve into the making of the modern Islamic state, For Love of the Prophet reveals both novel political ideals and new articulations of Islam as it is rethought through the lens of the nation.

Islam and the Rule of Justice

Author: Lawrence Rosen
Publisher: University of Chicago Press
ISBN: 9780226511740
Release Date: 2018-03-13
Genre: Law

In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Sharia Compliant

Author: Rumee Ahmed
Publisher: Stanford University Press
ISBN: 9781503605718
Release Date: 2018-05-01
Genre: Religion

For over a thousand years, Muslim scholars worked to ensure that Islamic law was always fresh and vibrant, that it responded to the needs of an evolving Muslim community and served as a moral and spiritual compass. They did this by "hacking" Islamic law in accordance with changing times and contexts, diving into the interconnected Islamic legal tradition to recalibrate what was outdated, making some laws work better and more efficiently while leaving others undisturbed. These hacking skills made Islamic law both flexible and relevant so that it could meet the needs of a community with changing values while remaining true to its ancient roots. Today, the hacking process has stalled in the face of unprecedented structural challenges, and Islamic law has stagnated. This book is designed to revitalize the hacking tradition by getting readers involved in the process. It walks them through the ins and outs of Islamic legal change, vividly describing how Muslim scholars have met new and evolving challenges on topics as diverse as abolition, democracy, finance, gender, human rights, sexuality, and more. And it provides step-by-step instructions for readers to hack laws for themselves, so that through their engagement and creativity, they can help Islamic law regain its intrinsic vitality and resume its role as a forward-looking source for good in the world.