Modern Challenges to Islamic Law

Modern Challenges to Islamic Law

Author: Shaheen Sardar Ali

Publisher: Cambridge University Press

Published: 2016-10-06

Total Pages: 329

ISBN-13: 1107033381

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This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.


Islamic Law and the Challenges of Modernity

Islamic Law and the Challenges of Modernity

Author: Yvonne Yazbeck Haddad

Publisher: Rowman Altamira

Published: 2004

Total Pages: 278

ISBN-13: 9780759106710

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Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!


Islamic Law and Governance in Contemporary Iran

Islamic Law and Governance in Contemporary Iran

Author: Mehran Tamadonfar

Publisher: Lexington Books

Published: 2015-05-20

Total Pages: 387

ISBN-13: 1498507573

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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.


The Beginnings of Islamic Law

The Beginnings of Islamic Law

Author: Lena Salaymeh

Publisher: Cambridge University Press

Published: 2016-11-14

Total Pages: 257

ISBN-13: 1107133025

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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.


Everyday Islamic Law and the Making of Modern South Asia

Everyday Islamic Law and the Making of Modern South Asia

Author: Elizabeth Lhost

Publisher: UNC Press Books

Published: 2022-05-10

Total Pages: 377

ISBN-13: 1469668130

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Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.


Islam, Law and the Modern State

Islam, Law and the Modern State

Author: Arif A. Jamal

Publisher: Routledge

Published: 2018-03-14

Total Pages: 256

ISBN-13: 1315466791

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Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.


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.


Wahhābī Islam Facing the Challenges of Modernity

Wahhābī Islam Facing the Challenges of Modernity

Author: Muhammad Al-Atawneh

Publisher: BRILL

Published: 2010-06-14

Total Pages: 229

ISBN-13: 9004185704

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This book focuses on the history and work of the Saudi Dār al-Iftā, one of the most central modern Islamic official religious institutions. The study was undertaken from two perspectives: (1) Dār al-Iftā creation, power structure, functions and the sociopolitical environment in which it operates; and (2) The actual work of this institution, mainly the mechanisms by which modern Saudi state muftis cope with clashes between Wahhābī idealism and the reality of an evolving society. This is a critical work which updates the readers' grasp of contemporary law and society in the modern Saudi state, in particular, and in Islamic jurisprudence in general.


Research Handbook on Islamic Law and Society

Research Handbook on Islamic Law and Society

Author: Nadirsyah Hosen

Publisher: Edward Elgar Publishing

Published: 2018-09-28

Total Pages: 487

ISBN-13: 1781003068

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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 Asian Yearbook of Human Rights and Humanitarian Law

The Asian Yearbook of Human Rights and Humanitarian Law

Author: Javaid Rehman

Publisher: BRILL

Published: 2021-08-09

Total Pages: 489

ISBN-13: 9004466185

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The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.