Recasting Islamic Law PDF Download

Author: Rachel M. Scott
Publisher: Cornell University Press
ISBN: 1501753991
Category : Religion
Languages : en
Pages : 339

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Book Description
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.

Author: William J. Boykin
Publisher: Center for Security Policy
ISBN: 9780982294765
Category : Political Science
Languages : en
Pages : 370

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Book Description
This study is the result of months of analysis, discussion and drafting by a group of top security policy experts concerned with the preeminent totalitarian threat of our time: the legal-political-military doctrine known within Islam as "shariah." It is designed to provide a comprehensive and articulate "second opinion" on the official characterizations and assessments of this threat as put forth by the United States government. The authors, under the sponsorship of the Center for Security Policy, have modeled this work on an earlier "exercise in competitive analysis" which came to be known as the "Team B" Report. The present Team B II report is based entirely on unclassified, readily available sources. As with the original Team B analysis, however, this study challenges the assumptions underpinning the official line in the conflict with today's totalitarian threat, which is currently euphemistically described as "violent extremism," and the policies of co-existence, accommodation and submission that are rooted in those assumptions.

Author: Steve Klein
Publisher: Xlibris Corporation
ISBN: 1450078605
Category : Reference
Languages : en
Pages : 233

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Book Description
Women under Islam: Suffering Islamic Law, everyone suffers, but women suffer mostwhat happens to women under Islamic Law? A review of those who suffer first and suffer most under Islam. WOMEN.

Author: Tamir Moustafa
Publisher: Cambridge University Press
ISBN: 1108334075
Category : Law
Languages : en
Pages :

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Book Description
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.

Author: Stephen Kirby
Publisher:
ISBN: 9781709741067
Category :
Languages : en
Pages : 221

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Book Description
Increasing numbers of Muslim candidates for office are entering the U.S. political system at every level from local to state and federal; and, while we applaud civic engagement by all citizens in our democratic system, we also are mindful that Islam is a faith like none other in the obligation levied on its followers to place Islamic Law (shariah) above any other law, including the U.S. Constitution. Obviously, this sets up a conundrum for those candidates for political office who are devout and practicing Muslims. Indeed, Andre Carson (IN-D), who currently represents Indiana's 7th District in the U.S. House of Representatives, has openly urged fellow Muslims in explicit terms to represent Islam as an elected official in the U.S. government: "Each and every one of us has a directive to represent Islam, in all of our imperfections, but to represent Islam ... Such declarations set up a direct challenge to Article VI Clause 2 of the U.S. Constitution, to which each and every Member of Congress, House and Senate, is pledged under oath to uphold." With his newest book, "Islamic Doctrine versus The U.S. Constitution: The Dilemma for Muslim Public Officials," author and scholar of Islam Stephen M. Kirby, Ph.D. has drawn upon a series of essays first published by the Jihad Watch platform of the David Horowitz Freedom Center. Dr. Kirby has elucidated the very direct conflicts between Islamic Law and the 1st, 2nd, 4th, 8th, 13th, and 14th Amendments to the Constitution. But one might ask, aren't all Members of Congress obligated to swear or affirm an oath to support that Constitution? So, how could a Muslim official take such an oath and yet remain true to both his faith and the Constitution he has pledged to uphold? As this book goes to print, the U.S. is heading into another presidential election year (2020). The sobering reality of what devout, faithful, observant Muslims actually believe and are bound to obey must be a factor in the responsibility of every citizen to be both informed and engaged in the political process. Dr. Kirby's scholarship in this regard could not possibly be more timely and is made of even more practical use by the 10th and final chapter in the book, where he proposes a number of considerations and possible questions for the American citizen who may want to attend a campaign event where a Muslim candidate will be available for Questions and Answers. The entire text of "Islamic Doctrine versus The U.S. Constitution: The Dilemma for Muslim Public Officials" may be thought of as a handbook for the citizen voter.

Author: Rainer Grote
Publisher: Oxford University Press, USA
ISBN: 019975988X
Category : History
Languages : en
Pages : 755

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Book Description
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.

Author: L. Ali Khan
Publisher: Edinburgh University Press
ISBN: 0748675949
Category : Religion
Languages : en
Pages : 265

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Book Description
The book examines the challenges and limits of contemporary ijtihad in the context of diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents, including Europe and North America.

Author: Melissa Crouch
Publisher: Routledge
ISBN: 1134508360
Category : Political Science
Languages : en
Pages : 282

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Book Description
Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.

Author: Shadi Hamid
Publisher: Macmillan + ORM
ISBN: 1466866721
Category : Social Science
Languages : en
Pages : 294

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Book Description
In Islamic Exceptionalism, Brookings Institution scholar and acclaimed author Shadi Hamid offers a novel and provocative argument on how Islam is, in fact, "exceptional" in how it relates to politics, with profound implications for how we understand the future of the Middle East. Divides among citizens aren't just about power but are products of fundamental disagreements over the very nature and purpose of the modern nation state—and the vexing problem of religion’s role in public life. Hamid argues for a new understanding of how Islam and Islamism shape politics by examining different models of reckoning with the problem of religion and state, including the terrifying—and alarmingly successful—example of ISIS. With unprecedented access to Islamist activists and leaders across the region, Hamid offers a panoramic and ambitious interpretation of the region's descent into violence. Islamic Exceptionalism is a vital contribution to our understanding of Islam's past and present, and its outsized role in modern politics. We don't have to like it, but we have to understand it—because Islam, as a religion and as an idea, will continue to be a force that shapes not just the region, but the West as well in the decades to come.

Author: Aslı Ü. Bâli
Publisher: Cambridge University Press
ISBN: 9781107694545
Category : Law
Languages : en
Pages : 0

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Book Description
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.