Islamic Law and the Challenges of Modernity

Islamic Law and the Challenges of Modernity
Author: Yvonne Yazbeck Haddad
Publisher: Rowman Altamira
Total Pages: 278
Release: 2004
Genre: Law
ISBN: 9780759106710

Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!

Wahhābī Islam Facing the Challenges of Modernity

Wahhābī Islam Facing the Challenges of Modernity
Author: Muhammad Al-Atawneh
Publisher: BRILL
Total Pages: 229
Release: 2010-06-14
Genre: Law
ISBN: 9004185704

This book focuses on the history and work of the Saudi Dār al-Iftā, one of the most central modern Islamic official religious institutions. The study was undertaken from two perspectives: (1) Dār al-Iftā creation, power structure, functions and the sociopolitical environment in which it operates; and (2) The actual work of this institution, mainly the mechanisms by which modern Saudi state muftis cope with clashes between Wahhābī idealism and the reality of an evolving society. This is a critical work which updates the readers' grasp of contemporary law and society in the modern Saudi state, in particular, and in Islamic jurisprudence in general.

Modern Challenges to Islamic Law

Modern Challenges to Islamic Law
Author: Shaheen Sardar Ali
Publisher: Cambridge University Press
Total Pages: 329
Release: 2016-10-06
Genre: Law
ISBN: 1107033381

This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.

Islamic Law and Governance in Contemporary Iran

Islamic Law and Governance in Contemporary Iran
Author: Mehran Tamadonfar
Publisher: Lexington Books
Total Pages: 387
Release: 2015-05-20
Genre: Law
ISBN: 1498507573

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.

The Politics of Islamic Law

The Politics of Islamic Law
Author: Iza R. Hussin
Publisher: University of Chicago Press
Total Pages: 360
Release: 2016-03-31
Genre: Law
ISBN: 022632348X

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.

Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel

Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel
Author: Ahmad Natour
Publisher: Rowman & Littlefield
Total Pages: 223
Release: 2021-04-07
Genre: Law
ISBN: 1793640971

The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.

Islam, the West and the Challenges of Modernity

Islam, the West and the Challenges of Modernity
Author: Tariq Ramadan
Publisher: Kube Publishing Ltd
Total Pages: 373
Release: 2009-09-01
Genre: Religion
ISBN: 0860374394

Tariq Ramadan attempts to demonstrate, using sources which draw upon Islamic thought and civilization, that Muslims can respond to contemporary challenges of modernity without betraying their identity. The book argues that Muslims, nurished by their own points of reference, can approach the modern epoch by adopting a specific social, political, and economic model that is linked to ethical values, a sense of finalities and spirituality. Rather than a modernism that tends to impose Westernization, it is a modernity that admits to the pluralism of civilizations, religions, and cultures. Table of Contents: Foreword Introduction History of a Concept The Lessons of History Part 1: At the shores of Transcendence: between God and Man Part 2: The Horizons of Islam: Between Man and the Community Part 3: Values and Finalities: The Cultural Dimension of the Civilizational Face to Face Conclusion Appendix Index Tariq Ramadan is a professor of Islamic Studies at the University of Oxford and a visiting professor in Identity and Citizenship at Erasmus University. He was named by TIME Magazine as one of the one hundred innovators of the twenty-first century

Defending Muḥammad in Modernity

Defending Muḥammad in Modernity
Author: SherAli Tareen
Publisher: University of Notre Dame Pess
Total Pages: 638
Release: 2020-01-31
Genre: Religion
ISBN: 026810672X

In this groundbreaking study, SherAli Tareen presents the most comprehensive and theoretically engaged work to date on what is arguably the most long-running, complex, and contentious dispute in modern Islam: the Barelvī-Deobandī polemic. The Barelvī and Deobandī groups are two normative orientations/reform movements with beginnings in colonial South Asia. Almost two hundred years separate the beginnings of this polemic from the present. Its specter, however, continues to haunt the religious sensibilities of postcolonial South Asian Muslims in profound ways, both in the region and in diaspora communities around the world. Defending Muḥammad in Modernity challenges the commonplace tendency to view such moments of intra-Muslim contest through the prism of problematic yet powerful liberal secular binaries like legal/mystical, moderate/extremist, and reformist/traditionalist. Tareen argues that the Barelvī-Deobandī polemic was instead animated by what he calls “competing political theologies” that articulated—during a moment in Indian Muslim history marked by the loss and crisis of political sovereignty—contrasting visions of the normative relationship between divine sovereignty, prophetic charisma, and the practice of everyday life. Based on the close reading of previously unexplored print and manuscript sources in Arabic, Persian, and Urdu spanning the late eighteenth and the entirety of the nineteenth century, this book intervenes in and integrates the often-disparate fields of religious studies, Islamic studies, South Asian studies, critical secularism studies, and political theology.

Tradition and Modernity

Tradition and Modernity
Author: David Marshall
Publisher: Georgetown University Press
Total Pages: 250
Release: 2013-05-20
Genre: Religion
ISBN: 1589019822

Tradition and Modernity focuses on how Christians and Muslims connect their traditions to modernity, looking especially at understandings of history, changing patterns of authority, and approaches to freedom. The volume includes a selection of relevant texts from 19th- and 20th-century thinkers, from John Henry Newman to Tariq Ramadan, accompanied by illuminating commentaries.

Governing Islam

Governing Islam
Author: Julia Stephens
Publisher: Cambridge University Press
Total Pages: 235
Release: 2018-06-21
Genre: History
ISBN: 1107173914

Stephens argues that encounters between Islam and British colonial rule in South Asia were fundamental to the evolution of modern secularism.