The Politics of Islamic Law

Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Format: PDF, ePub
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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: 022632334X
Format: PDF, ePub, Mobi
Download Now
"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.

Women Under Islam

Author: Christina Jones-Pauly
Publisher: I.B.Tauris
ISBN: 0857720139
Format: PDF, ePub, Docs
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Is Islam inherently anti-women? In this groundbreaking work, Christina Jones-Pauly and Abir Dajani Tuqan examine the history and practice of Islamic law as it affects women throughout the world. They highlight the diversity of ways in which it has been interpreted, leading both to the progressive family-planning policies of Tunisia and the more conservative personal status laws of Egypt. Seeking to understand how a set of religious laws which initially empowered women subsequently became a tool for their oppression, they shift the debate away from whether Islamic law itself is misogynistic or not, and look instead at the contexts in which it has been applied, both in Arab and non-Arab cultures._x000D_ _x000D_ The most important factor in determining whether court rulings are disadvantageous to women is not, they conclude, the conservativeness of the society, it is the institutions of that society, and in particular its pre-Islamic institutional history and the independence of its judiciary. In Pakistan, for example, the higher courts have been unable to resist popular and political pressure to criminalise extra-marital sexual relations, yet interpret the law themselves in a liberal way in keeping with the original spirit of the Qur’an and the Hadiths._x000D_ _x000D_ The book also provides innovative insight into the application of Islamic law in countries where Muslims are the minority, exploring how the evolution of Sharia in South Africa’s constitutionalist legal framework creates new possibilities for progressive interpretations._x000D_ _x000D_ Interweaving legal scholarship and detailed on the ground case studies, Women Under Islam provides both a rich reference resource and new way of understanding gender politics in the Islamic world.

Shari a Politics

Author: Robert W. Hefner
Publisher: Indiana University Press
ISBN: 0253223105
Format: PDF, Docs
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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`ʻa 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.

Muslim Politics

Author: Dale F. Eickelman
Publisher: Princeton University Press
ISBN: 0691187789
Format: PDF, ePub, Mobi
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The Politics of Islam in the Sahel

Author: Rahmane Idrissa
Publisher: Taylor & Francis
ISBN: 1351981978
Format: PDF, ePub
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‘Ideologies need enemies to thrive, religion does not’. Using the Sahel as a source of five comparative case studies, this volume aims to engage in the painstaking task of disentangling Islam from the political ideologies that have issued from its theologies to fight for governmental power and the transformation of society. While these ideologies tap into sources of religious legitimacy, the author shows that they are fundamentally secular or temporal enterprises, defined by confrontation with other political ideologies–both progressive and liberal–within the arena of nation states. Their objectives are the same as these other ideologies, i.e., to harness political power for changing national societies, and they resort to various methods of persuasion, until they break down into violence. The two driving questions of the book are, whence come these ideologies, and why do they–sometimes–result in violence? Ideologies of Salafi radicalism are at work in the five countries of the Sahel region, Burkina Faso, Mali, Niger, (Northern) Nigeria and Senegal, but violence has broken out only in Mali and Northern Nigeria. Using a theoretical framework of ideological development and methods of historical analysis, Idrissa traces the emergence of Salafi radicalism in each of these countries as a spark ignited by the shock between concurrent processes of Islamization and colonization in the 1940s. However, while the spark eventually ignited a blaze in Mali and Nigeria, it has only led to milder political heat in Niger and Senegal and has had no burning effect at all in Burkina Faso. By meticulously examining the development of Salafi radicalism ideologies over time in connection with developments in national politics in each of the countries, Idrissa arrives at compelling conclusions about these divergent outcomes. Given the many similarities between the countries studied, these divergences show, in particular, that history, the behaviour of state leaders and national sociologies matter–against assumptions of ‘natural’ contradictions between religion (Islam) and secularism or democracy. This volume offers a new perspective in discussions on ideology, which remains–as is shown here–the independent variable of many key contemporary political processes, either hidden in plain sight or disguised in a religious garb.

Islamic Exceptionalism

Author: Shadi Hamid
Publisher: St. Martin's Press
ISBN: 1466866721
Format: PDF
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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.

The Politics of Shari a Law

Author: Michael Buehler
Publisher: Cambridge University Press
ISBN: 1316776697
Format: PDF, ePub, Mobi
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The Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.

Rethinking Political Islam

Author: Shadi Hamid
Publisher: Oxford University Press
ISBN: 0190649208
Format: PDF, ePub, Mobi
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The "twin shocks" of the Egyptian coup and the rise of ISIS have challenged conventional wisdom on political Islam, forcing scholars and Muslim activists to reconsider some of the basic assumptions about Sunni Islamist movements. While ISIS and other jihadist groups garner the most media attention, the vast majority of Islamists are of the mainstream variety, seeking gradual change and participating in parliamentary politics when they're allowed to. It is these groups that are the focus of this book. They not only represent the future of what we call "political Islam," but they also - in their own struggles adapting to the changes of recent years - provide a fascinating window into a rapidly changing Middle East. The breadth of the book is expansive, covering the experience of Islamist groups in twelve countries: Egypt, Tunisia, Morocco, Syria, Yemen, Libya, Saudi Arabia, Kuwait, Jordan, and Pakistan, as well as Malaysia and Indonesia. In each of these cases, contributors consider how Muslim Brotherhood and Brotherhood-inspired Islamist movements have grappled with fundamental questions, including gradual versus revolutionary approaches to change, the use of tactical or situational violence, attitudes toward the nation-state, and how ideology and political variables interact. The case studies include authoritarian and democratic states and are not solely focused on the Arab world, allowing readers to consider a greater diversity of Islamist experiences.

Islam Law and the Modern State

Author: Arif A. Jamal
Publisher: Routledge
ISBN: 1315466791
Format: PDF, ePub, Docs
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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.