Everyday Islamic Law and the Making of Modern South Asia PDF Download

Author: Elizabeth Lhost
Publisher: UNC Press Books
ISBN: 1469668130
Category : History
Languages : en
Pages : 377

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Book Description
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 The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial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.

Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360

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Book Description
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.

Author: SherAli Tareen
Publisher: University of Notre Dame Pess
ISBN: 026810672X
Category : Religion
Languages : en
Pages : 663

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Book Description
In this groundbreaking study, SherAli Tareen presents the most comprehensive and theoretically engaged work to date on what is arguably the most long-running, complex, and contentious dispute in modern Islam: the Barelvī-Deobandī polemic. The Barelvī and Deobandī groups are two normative orientations/reform movements with beginnings in colonial South Asia. Almost two hundred years separate the beginnings of this polemic from the present. Its specter, however, continues to haunt the religious sensibilities of postcolonial South Asian Muslims in profound ways, both in the region and in diaspora communities around the world. Defending Muḥammad in Modernity challenges the commonplace tendency to view such moments of intra-Muslim contest through the prism of problematic yet powerful liberal secular binaries like legal/mystical, moderate/extremist, and reformist/traditionalist. Tareen argues that the Barelvī-Deobandī polemic was instead animated by what he calls “competing political theologies” that articulated—during a moment in Indian Muslim history marked by the loss and crisis of political sovereignty—contrasting visions of the normative relationship between divine sovereignty, prophetic charisma, and the practice of everyday life. Based on the close reading of previously unexplored print and manuscript sources in Arabic, Persian, and Urdu spanning the late eighteenth and the entirety of the nineteenth century, this book intervenes in and integrates the often-disparate fields of religious studies, Islamic studies, South Asian studies, critical secularism studies, and political theology.

Author: Sugata Bose
Publisher: Psychology Press
ISBN: 9780415307871
Category : History
Languages : en
Pages : 276

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Book Description
A wide-ranging survey of the Indian sub-continent, Modern South Asia gives an enthralling account of South Asian history. After sketching the pre-modern history of the subcontinent, the book concentrates on the last three centuries from c.1700 to the present. Jointly written by two leading Indian and Pakistani historians, Modern South Asia offers a rare depth of understanding of the social, economic and political realities of this region. This comprehensive study includes detailed discussions of: the structure and ideology of the British raj; the meaning of subaltern resistance; the refashioning of social relations along lines of caste class, community and gender; and the state and economy, society and politics of post-colonial South Asia The new edition includes a rewritten, accessible introduction and a chapter by chapter revision to take into account recent research. The second edition will also bring the book completely up to date with a chapter on the period from 1991 to 2002 and adiscussion of the last millennium in sub-continental history.

Author: Mona Oraby
Publisher: Princeton University Press
ISBN: 0691250669
Category : Social Science
Languages : en
Pages : 328

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Book Description
Why the pursuit of state recognition by seemingly marginal religious groups in Egypt and elsewhere is a devotional practice Over the past decade alone, religious communities around the world have demanded state recognition, exemption, accommodation, or protection. They make these appeals both in states with a declared religious identity and in states officially neutral toward religion. In this book, Mona Oraby argues that the pursuit of official recognition by religious minorities amounts to a devotional practice. Countering the prevailing views on secularism, Oraby contends that demands by seemingly marginal groups to have their religious differences recognized by the state in fact assure communal integrity and coherence over time. Making her case, she analyzes more than fifty years of administrative judicial trends, theological discourse, and minority claims-making practices, focusing on the activities of Coptic Orthodox Christians and Baháʼí in modern and contemporary Egypt. Oraby documents the ways that devotion is expressed across a range of sites and sources, including in lawyers’ offices, administrative judicial verdicts, televised media and film, and invitation-only study sessions. She shows how Egypt’s religious minorities navigated the political and legal upheavals of the 2011 uprising and now persevere amid authoritarian repression. In a Muslim-majority state, they assert their status as Islam’s others, finding belonging by affirming their difference; and difference, Oraby argues, is the necessary foundation for collective life. Considering these activities in light of the global history of civil administration and adjudication, Oraby shows that the lengths to which these marginalized groups go to secure their status can help us to reimagine the relationship between law and religion.

Author: Emilia Justyna Powell
Publisher: Oxford University Press, USA
ISBN: 0190064633
Category : Law
Languages : en
Pages : 329

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Book Description
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Author: Cabeiri deBergh Robinson
Publisher: Univ of California Press
ISBN: 0520954548
Category : Social Science
Languages : en
Pages : 353

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Book Description
This book provides a fascinating look at the creation of contemporary Muslim jihadists. Basing the book on her long-term fieldwork in the disputed borderlands between Pakistan and India, Cabeiri deBergh Robinson tells the stories of people whose lives and families have been shaped by a long history of political conflict. Interweaving historical and ethnographic evidence, Robinson explains how refuge-seeking has become a socially and politically debased practice in the Kashmir region and why this devaluation has turned refugee men into potential militants. She reveals the fraught social processes by which individuals and families produce and maintain a modern jihad, and she shows how Muslim refugees have forged an Islamic notion of rights—a hybrid of global political ideals that adopts the language of human rights and humanitarianism as a means to rethink refugees’ positions in transnational communities. Jihad is no longer seen as a collective fight for the sovereignty of the Islamic polity, but instead as a personal struggle to establish the security of Muslim bodies against political violence, torture, and rape. Robinson describes how this new understanding has contributed to the popularization of jihad in the Kashmir region, decentered religious institutions as regulators of jihad in practice, and turned the families of refugee youths into the ultimate mediators of entrance into militant organizations. This provocative book challenges the idea that extremism in modern Muslim societies is the natural by-product of a clash of civilizations, of a universal Islamist ideology, or of fundamentalist conversion.

Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1107047978
Category : History
Languages : en
Pages : 369

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Book Description
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.

Author: Emily Greble
Publisher: Oxford University Press
ISBN: 0197538827
Category : History
Languages : en
Pages : 377

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Book Description
Muslims and the Making of Modern Europe shows that Muslims were citizens of modern Europe from its beginning and, in the process, rethinks Europe itself. Muslims are neither newcomers nor outsiders in Europe. In the twentieth century, they have been central to the continent's political development and the evolution of its traditions of equality and law. From 1878 into the period following World War II, over a million Ottoman Muslims became citizens of new European states. In Muslims and the Making of Modern Europe, Emily Greble follows the fortunes and misfortunes of several generations of these indigenous men, women and children; merchants, peasants, and landowners; muftis and preachers; teachers and students; believers and non-believers from seaside port towns on the shores of the Adriatic to mountainous villages in the Balkans. Drawing on a wide range of archives from government ministries in state capitals to madrasas in provincial towns, Greble uncovers Muslims' negotiations with state authorities--over the boundaries of Islamic law, the nature of religious freedom, and the meaning of minority rights. She shows how their story is Europe's story: Muslims navigated the continent's turbulent passage from imperial order through the interwar political experiments of liberal democracy and authoritarianism to the ideological programs of fascism, socialism, and communism. In doing so, they shaped the grand narratives upon which so much of Europe's fractious present now rests. Muslims and the Making of Modern Europe offers a striking new account of the history of citizenship and nation-building, the emergence of minority rights, and the character of secularism.

Author: Chiara Formichi
Publisher: Cambridge University Press
ISBN: 1107106125
Category : History
Languages : en
Pages : 351

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Book Description
An accessible, transregional exploration of how Islam and Asia have shaped each other's histories, societies and cultures from the seventh century to today.