The Politics of Islamic Law

Local Elites, Colonial Authority, and the Making of the Muslim State

Author: Iza R. Hussin

Publisher: University of Chicago Press

ISBN: 022632348X

Category: Political Science

Page: 352

View: 7544


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 and the State in Pakistan

Blasphemy Politics

Author: Farhat Haq

Publisher: Routledge

ISBN: 0429619995

Category: Social Science

Page: 192

View: 3952


This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers’ understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.

Islamic Law and International Law

Peaceful Resolution of Disputes

Author: Emilia Justyna Powell

Publisher: Oxford University Press, USA

ISBN: 0190064633

Category: Law

Page: 336

View: 9239


"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Casting Faiths

Imperialism and the Transformation of Religion in East and Southeast Asia

Author: Thomas DuBois

Publisher: Palgrave Macmillan

ISBN: 9780230221581

Category: History

Page: 320

View: 4864


How did European imperialism shape the ideas and practices of religion in East and Southeast Asia? Casting Faiths brings together eleven scholars to show how Western law, governance, education and mission shaped the basic understanding of what religion is, and what role it should play in society.

The Princeton Encyclopedia of Islamic Political Thought

Author: Gerhard Bowering,Patricia Crone,Wadad Kadi,Devin J. Stewart,Muhammad Qasim Zaman,Mahan Mirza

Publisher: Princeton University Press

ISBN: 140083855X

Category: Religion

Page: 704

View: 3976


The first encyclopedia of Islamic political thought from the birth of Islam to today, this comprehensive, authoritative, and accessible reference provides the context needed for understanding contemporary politics in the Islamic world and beyond. With more than 400 alphabetically arranged entries written by an international team of specialists, the volume focuses on the origins and evolution of Islamic political ideas and related subjects, covering central terms, concepts, personalities, movements, places, and schools of thought across Islamic history. Fifteen major entries provide a synthetic treatment of key topics, such as Muhammad, jihad, authority, gender, culture, minorities, fundamentalism, and pluralism. Incorporating the latest scholarship, this is an indispensable resource for students, researchers, journalists, and anyone else seeking an informed perspective on the complex intersection of Islam and politics. Includes more than 400 concise, alphabetically arranged entries Features 15 in-depth entries on key topics Covers topics such as: Central themes and sources of Islamic political thought: caliph, modernity, knowledge, shari'a, government, revival and reform Modern concepts, institutions, movements, and parties: civil society, Islamization, secularism, veil, Muslim Brotherhood Islamic law and traditional Islamic societies: justice, taxation, fatwa, dissent, governance, piety and asceticism, trade and commerce Sects, schools, regions, and dynasties: Mu'tazilis, Shi'ism, Quraysh, Mecca and Medina, Baghdad, Indonesia, Nigeria, Central Asia, Ottomans Thinkers, personalities, and statesmen: Mawardi, Shafi'I, Saladin, Tamerlane, Akbar, Atatürk, Nasser, Khomeini Contains seven historical and contemporary maps of Muslim empires, postcolonial nation-states, populations, and settlements Guides readers to further research through bibliographies, cross-references, and an index

Yearbook of Islamic and Middle Eastern Law


Author: Eugene Cotran,Martin Lau

Publisher: Brill Academic Publishers

ISBN: 9789004177666

Category: Law

Page: 462

View: 798


Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, - country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.

Encyclopedia of Islam and the Muslim World

M-Z, Index

Author: Richard C. Martin

Publisher: N.A

ISBN: 9780028656052

Category: Islam

Page: 407

View: 3056


Review: "This two-volume set on Islam is a timely resource aimed at the general reader. More than 500 articles, 200-5,000 words in length, describe the Islamic world from its known beginnings to the present day. A 'Synoptic Outline of Entries' at the beginning of volume one presents a thematic overview of the encyclopedia that facilitates browsing. A glossary of terms and a pronunciation key appear at the end of volume two, followed by genealogies, timelines, and a detailed index."--"Reference that rocks," American Libraries, May 2005