Islam and the Limits of the State

Islam and the Limits of the State

Author: R. Michael Feener

Publisher: BRILL

Published: 2015-10-27

Total Pages: 269

ISBN-13: 900430486X

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This book examines the complex relationships between the state state implementation of Shariʿa and diverse lived realities of everyday Islam in contemporary Aceh, Indonesia.


The Limits of Culture

The Limits of Culture

Author: Brenda Shaffer

Publisher: MIT Press

Published: 2006

Total Pages: 738

ISBN-13: 0262195291

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Experts analyze the effect of cultural interests on the foreign policy of states in the Caspian region, including Iran, Azerbaijan, Armenia, Georgia, Afghanistan, Kazakhstan, and Pakistan.


Islamic Law and the State

Islamic Law and the State

Author: Sherman A. Jackson

Publisher: BRILL

Published: 1996-01-01

Total Pages: 302

ISBN-13: 9789004104587

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A discussion of the constitutional jurisprudence of an important Egyptian jurist of the M lik school, Shih b al-D n al-Qar f .


The Impossible State

The Impossible State

Author: Wael B. Hallaq

Publisher: Columbia University Press

Published: 2012-11-20

Total Pages: 273

ISBN-13: 0231530862

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Wael B. Hallaq boldly argues that the "Islamic state," 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 modernity's 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 state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' 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 "crises of Islam" 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 Politics of Islamic Law

The Politics of Islamic Law

Author: Iza R. Hussin

Publisher: University of Chicago Press

Published: 2016-03-31

Total Pages: 360

ISBN-13: 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.


Islam, Authoritarianism, and Underdevelopment

Islam, Authoritarianism, and Underdevelopment

Author: Ahmet T. Kuru

Publisher: Cambridge University Press

Published: 2019-08

Total Pages: 323

ISBN-13: 1108419097

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Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.


Islam and the Secular State

Islam and the Secular State

Author: Abdullahi Ahmed An-Na'im

Publisher: Harvard University Press

Published: 2010-03-30

Total Pages: 337

ISBN-13: 0674033760

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What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.


The Fall and Rise of the Islamic State

The Fall and Rise of the Islamic State

Author: Noah Feldman

Publisher: Princeton University Press

Published: 2009-01-10

Total Pages: 200

ISBN-13: 1400824079

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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.


Islamic Exceptionalism

Islamic Exceptionalism

Author: Shadi Hamid

Publisher: Macmillan + ORM

Published: 2016-06-07

Total Pages: 294

ISBN-13: 1466866721

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In Islamic Exceptionalism, Brookings Institution scholar and acclaimed author Shadi Hamid offers a novel and provocative argument on how Islam is, in fact, "exceptional" in how it relates to politics, with profound implications for how we understand the future of the Middle East. Divides among citizens aren't just about power but are products of fundamental disagreements over the very nature and purpose of the modern nation state—and the vexing problem of religion’s role in public life. Hamid argues for a new understanding of how Islam and Islamism shape politics by examining different models of reckoning with the problem of religion and state, including the terrifying—and alarmingly successful—example of ISIS. With unprecedented access to Islamist activists and leaders across the region, Hamid offers a panoramic and ambitious interpretation of the region's descent into violence. Islamic Exceptionalism is a vital contribution to our understanding of Islam's past and present, and its outsized role in modern politics. We don't have to like it, but we have to understand it—because Islam, as a religion and as an idea, will continue to be a force that shapes not just the region, but the West as well in the decades to come.