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.

Sharia Transformations

Sharia Transformations
Author: Michael G. Peletz
Publisher: Univ of California Press
Total Pages: 307
Release: 2020-03-06
Genre: Social Science
ISBN: 0520974476

Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.

Modern Islamic Authority and Social Change, Volume 1

Modern Islamic Authority and Social Change, Volume 1
Author: Masooda Bano
Publisher: Edinburgh University Press
Total Pages: 272
Release: 2018-03-07
Genre: Religion
ISBN: 1474433243

Explores the interconnected creative partnerships of the Wattses and De Morgans - Victorian artists, writers and suffragists

The Beginnings of Islamic Law

The Beginnings of Islamic Law
Author: Lena Salaymeh
Publisher: Cambridge University Press
Total Pages: 257
Release: 2016-11-14
Genre: History
ISBN: 1107133025

This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

The Ulama in Contemporary Islam

The Ulama in Contemporary Islam
Author: Muhammad Qasim Zaman
Publisher: Princeton University Press
Total Pages: 312
Release: 2010-12-16
Genre: Religion
ISBN: 1400837510

From the cleric-led Iranian revolution to the rise of the Taliban in Afghanistan, many people have been surprised by what they see as the modern reemergence of an antimodern phenomenon. This book helps account for the increasingly visible public role of traditionally educated Muslim religious scholars (the `ulama) across contemporary Muslim societies. Muhammad Qasim Zaman describes the transformations the centuries-old culture and tradition of the `ulama have undergone in the modern era--transformations that underlie the new religious and political activism of these scholars. In doing so, it provides a new foundation for the comparative study of Islam, politics, and religious change in the contemporary world. While focusing primarily on Pakistan, Zaman takes a broad approach that considers the Taliban and the `ulama of Iran, Egypt, Saudi Arabia, India, and the southern Philippines. He shows how their religious and political discourses have evolved in often unexpected but mutually reinforcing ways to redefine and enlarge the roles the `ulama play in society. Their discourses are informed by a longstanding religious tradition, of which they see themselves as the custodians. But these discourses are equally shaped by--and contribute in significant ways to--contemporary debates in the Muslim public sphere. This book offers the first sustained comparative perspective on the `ulama and their increasingly crucial religious and political activism. It shows how issues of religious authority are debated in contemporary Islam, how Islamic law and tradition are continuously negotiated in a rapidly changing world, and how the `ulama both react to and shape larger Islamic social trends. Introducing previously unexamined facets of religious and political thought in modern Islam, it clarifies the complex processes of religious change unfolding in the contemporary Muslim world and goes a long way toward explaining their vast social and political ramifications.

Toward an Islamic Reformation

Toward an Islamic Reformation
Author: Abdullahi Ahmed An Na'im
Publisher: Syracuse University Press
Total Pages: 276
Release: 1996-07-01
Genre: Law
ISBN: 9780815627067

Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.

Islam and New Kinship

Islam and New Kinship
Author: Morgan Clarke
Publisher: Berghahn Books
Total Pages: 262
Release: 2009-06-01
Genre: Social Science
ISBN: 1845459237

Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between ‘liberal’ and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology’s own ‘new kinship studies’. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.

Research Handbook on Islamic Law and Society

Research Handbook on Islamic Law and Society
Author: Nadirsyah Hosen
Publisher: Edward Elgar Publishing
Total Pages: 487
Release: 2018-09-28
Genre: Law
ISBN: 1781003068

The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.

The Anthropology of Islamic Law

The Anthropology of Islamic Law
Author: Aria Nakissa
Publisher: Oxford University Press
Total Pages: 329
Release: 2019-04-05
Genre: Law
ISBN: 0190932899

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamicist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.