Sharia and the Making of the Modern Egyptian
Sharia and the Making of the Modern Egyptian

Author: Reem A. Meshal

Publisher: Oxford University Press

Published: 2014

Total Pages: 303

ISBN-13: 9774166175

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In this book, the author examines sijills, the official documents of the Ottoman Islamic courts, to understand how sharia law, society and the early-modern economy of sixteenth- and seventeenth-century Ottoman Cairo related to the practice of custom in determining rulings. In the sixteenth century, a new legal and cultural orthodoxy fostered the development of an early-modern Islam that broke new ground, giving rise to a new concept of the citizen and his role. These issues resonate today, several centuries later, in the continuing discussions of individual rights in relation to Islamic law.

Recasting Islamic Law
Recasting Islamic Law

Author: Rachel M. Scott

Publisher: Cornell University Press

Published: 2021-03-15

Total Pages: 339

ISBN-13: 1501753991

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By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

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.

In Quest of Justice
In Quest of Justice

Author: Khaled Fahmy

Publisher: Univ of California Press

Published: 2023-02-07

Total Pages: 392

ISBN-13: 0520395611

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In Quest of Justice provides the first full account of the establishment and workings of a new kind of state in Egypt in the modern period. Drawing on groundbreaking research in the Egyptian archives, this highly original book shows how the state affected those subject to it and their response. Illustrating how shari’a was actually implemented, how criminal justice functioned, and how scientific-medical knowledges and practices were introduced, Khaled Fahmy offers exciting new interpretations that are neither colonial nor nationalist. Moreover he shows how lower-class Egyptians did not see modern practices that fused medical and legal purposes in new ways as contrary to Islam. This is a major contribution to our understanding of Islam and modernity.

The Marriage Contract in Islamic Law in the Shari'ah and Personal Status laws of Egypt and Morocco
The Marriage Contract in Islamic Law in the Shari'ah and Personal Status laws of Egypt and Morocco

Author: Dawoud Sudqi El Alami

Publisher: BRILL

Published: 2023-11-27

Total Pages: 198

ISBN-13: 9004632360

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This book is an analysis of the contract of marriage according to the Islamic Shari'ah and of two modern Islamic states. It examines the prerequisites for marriage, the elements which go to form the contract, the processes involved in making the contract, and the institution of marriage itself. The author expresses the essential Islamic concepts of marriage faithfully whilst making the work as accessible as possible te readers of various backgrounds. It will be of interest to legal professionals, to academics and students of Islamic law, and to those interested in Islam, the Middle East and North Africa. Useful Tables of Laws ans Cases are included.

Islamic Law in Action
Islamic Law in Action

Author: Kristen Stilt

Publisher: OUP Oxford

Published: 2012-01-12

Total Pages: 975

ISBN-13: 0191629820

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A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.

Arab Fall
Arab Fall

Author: Eric Trager

Publisher: Georgetown University Press

Published: 2016

Total Pages: 344

ISBN-13: 1626163626

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How did Egypt's Muslim Brotherhood win power so quickly after the dramatic "Arab Spring" uprising that ended President Hosni Mubarak's thirty-year reign in February 2011? And why did the Brotherhood fall from power even more quickly, culminating with the popular "rebellion" and military coup that toppled Egypt's first elected president, Brotherhood leader Mohamed Morsi, in July 2013? In Arab Fall, Eric Trager examines the Brotherhood's decision making throughout this critical period, explaining its reasons for joining the 2011 uprising, running for a majority of the seats in the 2011-2012 parliamentary elections, and nominating a presidential candidate despite its initial promise not to do so. Based on extensive research in Egypt and interviews with dozens of Brotherhood leaders and cadres including Morsi, Trager argues that the very organizational characteristics that helped the Brotherhood win power also contributed to its rapid downfall. The Brotherhood's intensive process for recruiting members and its rigid nationwide command-chain meant that it possessed unparalleled mobilizing capabilities for winning the first post-Mubarak parliamentary and presidential elections. Yet the Brotherhood's hierarchical organizational culture, in which dissenters are banished and critics are viewed as enemies of Islam, bred exclusivism. This alienated many Egyptians, including many within Egypt's state institutions. The Brotherhood's insularity also prevented its leaders from recognizing how quickly the country was slipping from their grasp, leaving hundreds of thousands of Muslim Brothers entirely unprepared for the brutal crackdown that followed Morsi's overthrow. Trager concludes with an assessment of the current state of Egyptian politics and examines the Brotherhood's prospects for reemerging.

Modern Things on Trial
Modern Things on Trial

Author: Leor Halevi

Publisher:

Published: 2020-12-15

Total Pages: 384

ISBN-13: 9780231188678

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Leor Halevi tells the story of the Islamic trials of technological and commercial innovations of the late nineteenth and early twentieth centuries. Shedding light on culture, commerce, and consumption in Cairo and other colonial cities, Modern Things on Trial is a groundbreaking account of Islam's material transformation in a globalizing era.

Islamism
Islamism

Author: Tarek Osman

Publisher: Yale University Press

Published: 2016-02-23

Total Pages: 333

ISBN-13: 0300216017

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A political, social, and cultural battle is currently raging in the Middle East. On one side are the Islamists, those who believe Islam should be the region’s primary identity. In opposition are nationalists, secularists, royal families, military establishments, and others who view Islamism as a serious threat to national security, historical identity, and a cohesive society. This provocative, vitally important work explores the development of the largest, most influential Islamic groups in the Middle East over the past century. Tarek Osman examines why political Islam managed to win successive elections and how Islamist groups in various nations have responded after ascending to power. He dissects the alliances that have formed among Islamist factions and against them, addressing the important issues of Islamism’s compatibility with modernity, with the region’s experiences in the twentieth century, and its impact on social contracts and minorities. He explains what Salafism means, its evolution, and connections to jihadist groups in the Middle East. Osman speculates on what the Islamists’ prospects for the future will mean for the region and the rest of the world.

The Caliphate of Man
The Caliphate of Man

Author: Andrew F. March

Publisher: Belknap Press

Published: 2019-09-17

Total Pages: 329

ISBN-13: 0674987837

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A political theorist teases out the century-old ideological transformation at the heart of contemporary discourse in Muslim nations undergoing political change. The Arab Spring precipitated a crisis in political Islam. In Egypt Islamists have been crushed. In Turkey they have descended into authoritarianism. In Tunisia they govern but without the label of “political Islam.” Andrew March explores how, before this crisis, Islamists developed a unique theory of popular sovereignty, one that promised to determine the future of democracy in the Middle East. This began with the claim of divine sovereignty, the demand to restore the sharīʿa in modern societies. But prominent theorists of political Islam also advanced another principle, the Quranic notion that God’s authority on earth rests not with sultans or with scholars’ interpretation of written law but with the entirety of the Muslim people, the umma. Drawing on this argument, utopian theorists such as Abū’l-Aʿlā Mawdūdī and Sayyid Quṭb released into the intellectual bloodstream the doctrine of the caliphate of man: while God is sovereign, He has appointed the multitude of believers as His vicegerent. The Caliphate of Man argues that the doctrine of the universal human caliphate underpins a specific democratic theory, a kind of Islamic republic of virtue in which the people have authority over the government and religious leaders. But is this an ideal regime destined to survive only as theory?