Sharīʿa and the Islamic State in 19th-Century Sudan

Sharīʿa and the Islamic State in 19th-Century Sudan
Author: Aharon Layish
Publisher: BRILL
Total Pages: 370
Release: 2016-08-22
Genre: Religion
ISBN: 9004313990

The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and “Righteous Caliphs” in Medina. As the “Successor of the Prophet”, the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and “traditions” attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna, and inspiration (ilhām) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his “legislation” as an instrument to promote his political, social and moralistic agenda.

Anthropology of Law in Muslim Sudan

Anthropology of Law in Muslim Sudan
Author: Barbara Casciarri
Publisher: BRILL
Total Pages: 343
Release: 2018-04-03
Genre: Social Science
ISBN: 9004362185

Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE (Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques), funded by the French ANR (Agence National de la Recherche) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on “legal practices” to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.

The Fall and Rise of the Islamic State

The Fall and Rise of the Islamic State
Author: Noah Feldman
Publisher: Princeton University Press
Total Pages: 200
Release: 2009-01-10
Genre: History
ISBN: 1400824079

Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world. Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power. The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.

Water, Civilisation and Power in Sudan

Water, Civilisation and Power in Sudan
Author: Harry Verhoeven
Publisher: Cambridge University Press
Total Pages: 337
Release: 2015-03-05
Genre: Business & Economics
ISBN: 1107061148

Water, Civilisation and Power in Sudan offers an alternative account of how water policy, violence, and economic modernisation are linked.

Islamic Law, Tribal Customary Law and Waqf

Islamic Law, Tribal Customary Law and Waqf
Author: Aharon Layish
Publisher: BRILL
Total Pages: 648
Release: 2023-10-30
Genre: Law
ISBN: 9004680926

In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.

Islam and Gender in Colonial Northeast Africa

Islam and Gender in Colonial Northeast Africa
Author: Silvia Bruzzi
Publisher: BRILL
Total Pages: 270
Release: 2017-12-11
Genre: Religion
ISBN: 9004356169

In Islam and Gender in Colonial Northeast Africa, Silvia Bruzzi provides an account of Islamic movements and gender dynamics in the context of colonial rule in Northeast Africa. The thread that runs through the book is the life and times of Sittī ‘Alawiyya al-Mīrġanī (1892-1940), a representative of a well-established transnational Sufi order in the Red Sea region. Silvia Bruzzi gives us not only a social history of the colonial encounter in the Eritrean colony, but also a wider historical account of supra-regional dynamics across the Red Sea, the Ethiopian hinterland, and the Mediterranean region, using a wide range of fragmentary historical materials to make an important contribution towards filling the gap that currently exists in women's and gender history in Muslim societies.

Afghanistan Rising

Afghanistan Rising
Author: Faiz Ahmed
Publisher: Harvard University Press
Total Pages: 448
Release: 2017-11-06
Genre: History
ISBN: 0674971949

Debunking conventional narratives of Afghanistan as a perennial war zone and the rule of law as a secular-liberal monopoly, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan Rising illustrates how turn-of-the-twentieth-century Kabul--far from being a landlocked wilderness or remote frontier--became a magnet for itinerant scholars and statesmen shuttling between Ottoman and British imperial domains. Tracing the country's longstanding but often ignored scholarly and educational ties to Baghdad, Damascus, and Istanbul as well as greater Delhi and Lahore, Ahmed explains how the court of Kabul attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international norms of legality. From Turkish lawyers and Arab officers to Pashtun clerics and Indian bureaucrats, this rich narrative focuses on encounters between divergent streams of modern Muslim thought and politics, beginning with the Sublime Porte's first mission to Afghanistan in 1877 and concluding with the collapse of Ottoman rule after World War I. By unearthing a lost history behind Afghanistan's founding national charter, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on archival research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly as a center of constitutional politics, Muslim cosmopolitanism, and contested visions of reform in the greater Islamicate world.

The Failure of Political Islam

The Failure of Political Islam
Author: Olivier Roy
Publisher: Harvard University Press
Total Pages: 264
Release: 1994
Genre: History
ISBN: 9780674291416

This powerful argument reassess radical Islam and the set of ideas and assumptions at its core. Olivier Roy offers a challenging and highly original view that no-one trying to understand Islamic fundamentalism can afford to overlook.

Shariʿa, Justice and Legal Order

Shariʿa, Justice and Legal Order
Author: Rudolph Peters
Publisher: BRILL
Total Pages: 726
Release: 2020-08-03
Genre: Law
ISBN: 9004420622

Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods