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.


Encountering Islam

Encountering Islam

Author: Yew-Foong Hui

Publisher: Institute of Southeast Asian Studies

Published: 2013

Total Pages: 413

ISBN-13: 9814379921

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This volume seeks to introduce and deepen the understanding of Islam and its role in politics as encountered in different national and transnational contexts in Southeast Asia, eschewing the neo-orientalist approach that has informed public discourse in recent years. In Encountering Islam, the book lingers beyond the summary moment and reflects on the multiple impressions, suppressions and repressions, whether coherent or incoherent, associated with Islam as a socio-political force in public life. To this end, it is not adequate simply to represent the divergent identities associated with Islam in Southeast Asia, whether embedded in state-endorsed orthodoxy or Islamic movements that contest such orthodoxy. It is also important to examine religious minorities in political contexts where Islam is dominant and Muslim communities in national contexts where they are minorities. By situating these religious identities within their larger socio-political contexts, this volume seeks to provide a more holistic understanding of what is encountered as Islam in Southeast Asia.


Islam and the Rule of Justice

Islam and the Rule of Justice

Author: Lawrence Rosen

Publisher: University of Chicago Press

Published: 2018-03-13

Total Pages: 293

ISBN-13: 022651174X

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In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.


The Way of the Strangers

The Way of the Strangers

Author: Graeme Wood (Journalist)

Publisher:

Published: 2017

Total Pages: 354

ISBN-13: 0812988752

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"The Way of the Strangers is an intimate journey into the minds of the Islamic State's true believers. From the streets of Cairo to the mosques of London, Wood interviews supporters, recruiters, and sympathizers of the group...Wood speaks with non-Islamic State Muslim scholars and jihadists, and explores the group's idiosyncratic, coherent approach to Islam...Through character study and analysis, Wood provides a clear-eyed look at a movement that has inspired so many people to abandon or uproot their families.


Sharia Compliant

Sharia Compliant

Author: Rumee Ahmed

Publisher: Encountering Traditions

Published: 2018

Total Pages: 0

ISBN-13: 9780804794015

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This book covers the ins and outs of Islamic legal change and provides readers with step-by-step instructions for shaping the future of Islamic law.


Encountering Islam

Encountering Islam

Author: Richard Sudworth

Publisher: SCM Press

Published: 2017-10-30

Total Pages: 249

ISBN-13: 0334055202

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What do Christian Churches say Islam is? What does the Church of England say Islam is? And, in the end, what space is there for genuine engagement with Islam? Richard Sudworth's unique study takes as its cue the question of political theology and brings this burgeoning area of debate into dialogue with Christian-Muslim relations and Anglican ecclesiology. The vexed subject of Christian-Muslim Relations provides the presenting arena to explore what political theologies enable the Church of England to engage with the diverse public square of the twenty-first century. Each chapter concludes with an ‘Anecdotes from the Field’ section, setting themes from the chapter in the context of Richard Sudworth’s own ministry within a Muslim majority parish.


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.


Muslim Family Law in Western Courts

Muslim Family Law in Western Courts

Author: Elisa Giunchi

Publisher: Routledge

Published: 2014-03-26

Total Pages: 212

ISBN-13: 1317750314

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This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.


Democratization and Islamic Law

Democratization and Islamic Law

Author: Johannes Harnischfeger

Publisher: Campus Verlag

Published: 2008

Total Pages: 284

ISBN-13: 3593382563

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When democracy was introduced to Nigeria in 1999, one-third of its federal states declared that they would be governed by sharia, or Islamic law. This work argues that such a break with secular constitutional traditions in a multireligious country can have disastrous consequences