Author: Anna Korteweg Publisher: University of Toronto Press ISBN: 1442694424 Category : Social Science Languages : en Pages : 417
Book Description
When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states. Focusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives, including policy and media analysis, fieldwork, feminist examinations of the portrayals of Muslim women, and theoretical examinations of religion, Sharia, and the law. This volume is an important read for those who grapple with ethnic and religio-cultural diversity while remaining committed to religious freedom and women's equality.
Author: Irene Schneider Publisher: BRILL ISBN: 9004442316 Category : Social Science Languages : en Pages : 404
Book Description
By analyzing “law in the making” between 2012 and 2018 and focusing on the conceptualization of gender, the book strives to determine why there is to date no family law in Palestine despite controversial public debates.
Author: Farhat Haq Publisher: Routledge ISBN: 9780367786403 Category : Blasphemy Languages : en Pages : 192
Book Description
This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers' understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.
Author: Morgan Clarke Publisher: Berghahn Books ISBN: 1845459237 Category : Social Science Languages : en Pages : 262
Book Description
Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between ‘liberal’ and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology’s own ‘new kinship studies’. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.
Author: Anna C. Korteweg Publisher: Stanford University Press ISBN: 0804791163 Category : Social Science Languages : en Pages : 272
Book Description
The headscarf is an increasingly contentious symbol in countries across the world. Those who don the headscarf in Germany are referred to as "integration-refusers." In Turkey, support by and for headscarf-wearing women allowed a religious party to gain political power in a strictly secular state. A niqab-wearing Muslim woman was denied French citizenship for not conforming to national values. And in the Netherlands, Muslim women responded to the hatred of popular ultra-right politicians with public appeals that mixed headscarves with in-your-face humor. In a surprising way, the headscarf—a garment that conceals—has also come to reveal the changing nature of what it means to belong to a particular nation. All countries promote national narratives that turn historical diversities into imagined commonalities, appealing to shared language, religion, history, or political practice. The Headscarf Debates explores how the headscarf has become a symbol used to reaffirm or transform these stories of belonging. Anna Korteweg and Gökçe Yurdakul focus on France, Germany, and the Netherlands—countries with significant Muslim-immigrant populations—and Turkey, a secular Muslim state with a persistent legacy of cultural ambivalence. The authors discuss recent cultural and political events and the debates they engender, enlivening the issues with interviews with social activists, and recreating the fervor which erupts near the core of each national identity when threats are perceived and changes are proposed. The Headscarf Debates pays unique attention to how Muslim women speak for themselves, how their actions and statements reverberate throughout national debates. Ultimately, The Headscarf Debates brilliantly illuminates how belonging and nationhood is imagined and reimagined in an increasingly global world.
Author: Abbas Amanat Publisher: Stanford University Press ISBN: 0804779538 Category : Religion Languages : en Pages : 265
Book Description
This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.
Author: John Kelsay Publisher: Harvard University Press ISBN: 9780674026391 Category : Philosophy Languages : en Pages : 284
Book Description
Jihad, with its many terrifying associations, is a term widely used today, though its meaning is poorly grasped. Few people understand the circumstances requiring a jihad, or "holy" war, or how Islamic militants justify their violent actions within the framework of the religious tradition of Islam. How Islam, with more than one billion followers, interprets jihad and establishes its precepts has become a critical issue for both the Muslim and the non-Muslim world. John Kelsay's timely and important work focuses on jihad of the sword in Islamic thought, history, and culture. Making use of original sources, Kelsay delves into the tradition of shari'a--Islamic jurisprudence and reasoning--and shows how it defines jihad as the Islamic analogue of the Western "just" war. He traces the arguments of thinkers over the centuries who have debated the legitimacy of war through appeals to shari'a reasoning. He brings us up to the present and demonstrates how contemporary Muslims across the political spectrum continue this quest for a realistic ethics of war within the Islamic tradition. Arguing the Just War in Islam provides a systematic account of how Islam's central texts interpret jihad, guiding us through the historical precedents and Qur'anic sources upon which today's claims to doctrinal truth and legitimate authority are made. In illuminating the broad spectrum of Islam's moral considerations of the just war, Kelsay helps Muslims and non-Muslims alike make sense of the possibilities for future war and peace.
Author: Shahab Ahmed Publisher: Princeton University Press ISBN: 1400873584 Category : Social Science Languages : en Pages : 629
Book Description
A bold new conceptualization of Islam that reflects its contradictions and rich diversity What is Islam? How do we grasp a human and historical phenomenon characterized by such variety and contradiction? What is "Islamic" about Islamic philosophy or Islamic art? Should we speak of Islam or of islams? Should we distinguish the Islamic (the religious) from the Islamicate (the cultural)? Or should we abandon "Islamic" altogether as an analytical term? In What Is Islam?, Shahab Ahmed presents a bold new conceptualization of Islam that challenges dominant understandings grounded in the categories of "religion" and "culture" or those that privilege law and scripture. He argues that these modes of thinking obstruct us from understanding Islam, distorting it, diminishing it, and rendering it incoherent. What Is Islam? formulates a new conceptual language for analyzing Islam. It presents a new paradigm of how Muslims have historically understood divine revelation—one that enables us to understand how and why Muslims through history have embraced values such as exploration, ambiguity, aestheticization, polyvalence, and relativism, as well as practices such as figural art, music, and even wine drinking as Islamic. It also puts forward a new understanding of the historical constitution of Islamic law and its relationship to philosophical ethics and political theory. A book that is certain to provoke debate and significantly alter our understanding of Islam, What Is Islam? reveals how Muslims have historically conceived of and lived with Islam as norms and truths that are at once contradictory yet coherent.
Author: Bernard G. Weiss Publisher: University of Georgia Press ISBN: 0820328278 Category : Law Languages : en Pages : 233
Book Description
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.
Author: Abdullahi Ahmed An-Na'im Publisher: Harvard University Press ISBN: 0674261445 Category : Law Languages : en Pages : 346
Book Description
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.
Author: Anna Korteweg
Author: Irene Schneider
Author: Farhat Haq
Author: Morgan Clarke
Author: Anna C. Korteweg
Author: Abbas Amanat
Author: John Kelsay
Author: Shahab Ahmed
Author: Bernard G. Weiss
Author: Abdullahi Ahmed An-Na'im