Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Shari a Politics written by Robert W. Hefner and published by Indiana University Press. This book was released on 2011-04-04 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."

Download or read book Islamic Law Epistemology and Modernity written by Ashk Dahlen and published by Routledge. This book was released on 2004-03-01 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Impossible State written by Wael B. Hallaq and published by Columbia University Press. This book was released on 2012-11-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Politics Law and Community in Islamic Thought written by Ovamir Anjum and published by Cambridge University Press. This book was released on 2012-03-19 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revisionist account of the history of Islamic political thought from the early to the late medieval period focuses on Ibn Taymiyya, one of the most brilliant theologians of his day. This original study demonstrates how his influence shed new light on the entire trajectory of Islamic political thought. Although he did not reject the Caliphate ideal, as is commonly believed, he nevertheless radically redefined it by turning it into a rational political institution intended to serve the community (umma). Through creative reinterpretation, he deployed the Qur'anic concept of fitra (divinely endowed human nature) to centre the community of believers and its common-sense reading of revelation as the highest epistemic authority. In this way, he subverted the elitism that had become ensconced in classical theological, legal and spiritual doctrines, and tried to revive the ethico-political, rather than strictly legal, dimension of Islam. In reassessing Ibn Taymiyya's work, this book marks a major departure from traditional interpretations of medieval Islamic thought.

Download or read book Women Under Islam written by Christina Jones-Pauly and published by I.B. Tauris. This book was released on 2011-04-29 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Islamic Law and Governance in Contemporary Iran written by Mehran Tamadonfar and published by Lexington Books. This book was released on 2015-05-20 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Rule of Law Islam and Constitutional Politics in Egypt and Iran written by Saïd Amir Arjomand and published by State University of New York Press. This book was released on 2013-03-25 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Islamic Law RLE Politics of Islam written by Aziz Al-Azmeh and published by Routledge. This book was released on 2013-06-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book underlines the mutability of Islamic law and attempts to relate its substantive and institutional varieties and transformations to social, political, economic and other historical circumstances. The studies in the book range from discussion of the received wisdom in Islamic law to studies of legal institutions and the theoretical means employed by Islamic law for the accommodation of changing historical circumstances. First published in 1988.

Download or read book The Political Language of Islam written by Bernard Lewis and published by University of Chicago Press. This book was released on 2018-12-14 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does jihad really mean? What is the Muslim conception of law? What is Islam's stance toward unbelievers? Probing literary and historical sources, Bernard Lewis traces the development of Islamic political language from the time of the Prophet to the present. His analysis of documents written in Arabic, Persian, and Turkish illuminates differences between Muslim political thinking and Western political theory, and clarifies the perception, discussion, and practices of politics in the Islamic world. "Lewis's own style, combining erudition with a simple elegance and subtle humor, continues to inspire. In an era of specialization and narrowing academic vision, he stands alone as one who deserves, without qualification, the title of historian of Islam."—Martin Kramer, Middle East Review "A superb effort at synthesis that presents all the relevant facts of Middle Eastern history in an eminently lucid form. . . . It is a book that should prove both rewarding and congenial to the Muslim reader."—S. Parvez Manzor, Muslim World Book Review "By bringing his thoughts together in this clear, concise and readable account, [Lewis] has placed in his debt scholars and all who seek to understand the Muslim world."—Ann K. S. Lambton, Bulletin of the School of Oriental and African Studies "[Lewis] constructs a fascinating account of the ways in which Muslims have conceived of the relations between ruler and ruled, rights and duties, legitimacy and illegitimacy, obedience and rebellion, justice and oppression. And he shows how changes in political attitudes and concepts can be traced through changes in the political vocabulary."—Shaul Bakhash, New York Review of Books

Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Download or read book Muslims Talking Politics written by Brandon Kendhammer and published by University of Chicago Press. This book was released on 2016-06-22 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sharia implementation and democratic discourse in Northern Nigeria -- What we talk about when we talk about Islam and democracy -- Envisioning sharia, imagining the past -- Democracy, federalism, and the sharia question -- Sharia in a time of transition -- Framing sharia and democracy -- Muslims talking politics -- All sharia is local: islamic law and democracy in practice.

Download or read book The Oxford Encyclopedia of Islam and Politics written by Emad Eldin Shahin and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Encyclopedia of Islam and Politics provides in-depth coverage of the political dimensions of Islam and the Muslim world. Developments in Muslim societies in the nineteenth and twentieth centuries have highlighted the need for a major reference work focusing primarily on thesedimensions. The realization of internal decay and relentless quest for reform, the collapse of the Islamic caliphate, the fall of most parts of the Muslim world under western colonialism, the emergence of nation-states, the dominance of secular ideologies, the rise of Islamic revivalist movementsand faith-based political, economic, and social alternatives, the confrontation between Islamic movements and secular inspired regimes have constituted major turning points in the contemporary history of Muslim societies. At no time has the understanding of the nature and implications of thesedevelopments been needed more.Based on the highly acclaimed 2009 publication, The Oxford Encyclopedia of the Islamic World, The Oxford Encyclopedia of Islam and Politics brings together over 400 new and updated entries to create a single, specialized reference source on this important topic.

Download or read book The Politics of Shari a Law written by Michael Buehler and published by Cambridge University Press. This book was released on 2016-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and timely exploration of the continuing Islamization of Indonesian politics despite the electoral decline of Islamist parties.

Download or read book Islam and Good Governance written by M. A. Muqtedar Khan and published by Springer. This book was released on 2019-04-08 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances an Islamic political philosophy based on the concept of Ihsan, which means to do beautiful things. The author moves beyond the dominant model of Islamic governance advanced by modern day Islamists. The political philosophy of Ihsan privileges process over structure, deeds over identity, love over law and mercy and forgiveness over retribution. The work invites Muslims to move away from thinking about the form of Islamic government and to strive to create a self-critical society that defends national virtue and generates institutions and practices that provide good governance.

Download or read book The Princeton Encyclopedia of Islamic Political Thought written by Gerhard Bowering and published by Princeton University Press. This book was released on 2013 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 2012, the year 1433 of the Muslim calendar, the Islamic population throughout the world was estimated at approximately a billion and a half, representing about one-fifth of humanity. In geographical terms, Islam occupies the center of the world, stretching like a big belt across the globe from east to west."--P. vii.