Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests.
Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests between scholars and sultans. Drawing on modern examples, mainly from Egypt and Iran, Zubaida explores how the Shari'a has evolved and mutated to accommodate the workings of a modern state by examining the reforms of the 19th and 20th centuries and the politics of the contemporary world. Law and Power in the Islamic World is an original and significant contribution to the debates surrounding Islam and ideas of modernity. As such its appeal and importance range across a wide spectrum of readers, students and scholars interested in Islamic law and the politics and social structures of the Muslim world. "Extremely informed and highly readable: unlike any previous writings on the subject, it combines deep historical analysis with a vital sociological and political perspective. In these difficult times, it will be required reading both for experts and for the general reader with any serious interest in the world today." Eberhard Kienle, SOAS.
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.
Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.
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.
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.
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.
“Superb... A tour de force.” —Ebrahim Moosa “Provocative... Aydin ranges over the centuries to show the relative novelty of the idea of a Muslim world and the relentless efforts to exploit that idea for political ends.” —Washington Post When President Obama visited Cairo to address Muslims worldwide, he followed in the footsteps of countless politicians who have taken the existence of a unified global Muslim community for granted. But as Cemil Aydin explains in this provocative history, it is a misconception to think that the world’s 1.5 billion Muslims constitute a single entity. How did this belief arise, and why is it so widespread? The Idea of the Muslim World considers its origins and reveals the consequences of its enduring allure. “Much of today’s media commentary traces current trouble in the Middle East back to the emergence of ‘artificial’ nation states after the fall of the Ottoman Empire... According to this narrative...today’s unrest is simply a belated product of that mistake. The Idea of the Muslim World is a bracing rebuke to such simplistic conclusions.” —Times Literary Supplement “It is here that Aydin’s book proves so valuable: by revealing how the racial, civilizational, and political biases that emerged in the nineteenth century shape contemporary visions of the Muslim world.” —Foreign Affairs
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
