The Politics of Islamic Law

Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
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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, Docs
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, Mobi
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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
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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
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The Politics of Shari a Law

Author: Michael Buehler
Publisher: Cambridge University Press
ISBN: 1316776697
Format: PDF, Kindle
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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.

Islam and Human Rights

Author: Ann Elizabeth Mayer
Publisher: Routledge
ISBN: 0429974752
Format: PDF, Kindle
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Islam and Human Rights is a probing examination of how the Islamic tradition has been exploited for political ends by regimes and institutions seeking to legitimize policies inimical to human rights. Ann Elizabeth Mayer critically appraises Islamic human rights schemes that dilute the human rights afforded by international law, comparing them with the complex Islamic legal heritage and international human rights law. Challenging stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective deployment of elements of the Islamic tradition by conservative forces seeking to delegitimize demands for democracy and human rights.The fifth edition provides an updated consideration of government policies on Islam and human rights activism and how they are affecting developments in several Middle Eastern countries, and features a new chapter on the resistance of human rights for sexual minorities by the Organization of Islamic Cooperation (OIC) project to co-opt international human rights law to criminalize ?defamation of Islam? occurring in the West. The new edition also analyzes the other most recent and important issues of the region, including:The burgeoning pressures in the Middle East for human rights leading up to the Arab Spring;The ambitious campaign of the (OIC) to influence the UN human rights system by forging alliances with non-Muslim states hostile to human rights; The concerted efforts by this cross-cultural alliance to subvert international human rights law under pretenses of supporting human rights;The intensifying controversies over issues of sexual orientation and gender identity in the Middle East;The Danish Cartoons controversy and the OIC project to co-opt international human rights law to criminalize ?defamation of Islam? occurring in the West.

The Impossible State

Author: Wael B. Hallaq
Publisher: Columbia University Press
ISBN: 023116257X
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Wael B. Hallaq boldly argues that the ÒIslamic state,Ó 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 modernityÕs 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 stateÕs technologies of the self are severely lacking in moral substance, and todayÕs Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine ShariÕa governance. The IslamistsÕ 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 Òcrises of IslamÓ 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.

The Islamic Law of War

Author: A. Al-Dawoody
Publisher: Springer
ISBN: 0230118089
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Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.