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Law and Power in the Islamic World

Law and Power in the Islamic World PDF Author: Sami Zubaida
Publisher: I.B. Tauris
ISBN:
Category : Law
Languages : en
Pages : 264

Book Description
Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests.

Law and Power in the Islamic World

Law and Power in the Islamic World PDF Author: Sami Zubaida
Publisher: I.B. Tauris
ISBN:
Category : Law
Languages : en
Pages : 264

Book Description
Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests.

Law and Power in the Islamic World

Law and Power in the Islamic World PDF Author: Sami Zubaida
Publisher: Bloomsbury Publishing
ISBN: 0857714260
Category : Political Science
Languages : en
Pages : 257

Book Description
Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests between scholars and sultans. Drawing on modern examples, mainly from Egypt and Iran, Zubaida explores how the Shari'a has evolved and mutated to accommodate the workings of a modern state by examining the reforms of the 19th and 20th centuries and the politics of the contemporary world. Law and Power in the Islamic World is an original and significant contribution to the debates surrounding Islam and ideas of modernity. As such its appeal and importance range across a wide spectrum of readers, students and scholars interested in Islamic law and the politics and social structures of the Muslim world. "Extremely informed and highly readable: unlike any previous writings on the subject, it combines deep historical analysis with a vital sociological and political perspective. In these difficult times, it will be required reading both for experts and for the general reader with any serious interest in the world today." Eberhard Kienle, SOAS.

The Politics of Islamic Law

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

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.

The Spirit of Islamic Law

The Spirit of Islamic Law PDF 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.

The Long Divergence

The Long Divergence PDF Author: Timur Kuran
Publisher: Princeton University Press
ISBN: 1400836018
Category : Business & Economics
Languages : en
Pages : 422

Book Description
How religious barriers stalled capitalism in the Middle East In the year 1000, the economy of the Middle East was at least as advanced as that of Europe. But by 1800, the region had fallen dramatically behind—in living standards, technology, and economic institutions. In short, the Middle East had failed to modernize economically as the West surged ahead. What caused this long divergence? And why does the Middle East remain drastically underdeveloped compared to the West? In The Long Divergence, one of the world's leading experts on Islamic economic institutions and the economy of the Middle East provides a new answer to these long-debated questions. Timur Kuran argues that what slowed the economic development of the Middle East was not colonialism or geography, still less Muslim attitudes or some incompatibility between Islam and capitalism. Rather, starting around the tenth century, Islamic legal institutions, which had benefitted the Middle Eastern economy in the early centuries of Islam, began to act as a drag on development by slowing or blocking the emergence of central features of modern economic life—including private capital accumulation, corporations, large-scale production, and impersonal exchange. By the nineteenth century, modern economic institutions began to be transplanted to the Middle East, but its economy has not caught up. And there is no quick fix today. Low trust, rampant corruption, and weak civil societies—all characteristic of the region's economies today and all legacies of its economic history—will take generations to overcome. The Long Divergence opens up a frank and honest debate on a crucial issue that even some of the most ardent secularists in the Muslim world have hesitated to discuss.

Toward an Islamic Reformation

Toward an Islamic Reformation PDF Author: Abdullahi Ahmed An Na'im
Publisher: Syracuse University Press
ISBN: 9780815627067
Category : Law
Languages : en
Pages : 276

Book Description
Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.

The Fall and Rise of the Islamic State

The Fall and Rise of the Islamic State PDF Author: Noah Feldman
Publisher: Princeton University Press
ISBN: 1400824079
Category : History
Languages : en
Pages : 200

Book Description
Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world. Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power. The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.

Land, Law and Islam

Land, Law and Islam PDF Author: Hilary Lim
Publisher: Zed Books Ltd.
ISBN: 1848137206
Category : Law
Languages : en
Pages : 247

Book Description
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

The Impossible State

The Impossible State PDF Author: Wael B. Hallaq
Publisher: Columbia University Press
ISBN: 0231530862
Category : Political Science
Languages : en
Pages : 273

Book Description
Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.

Understanding Sharia

Understanding Sharia PDF Author: Raficq S. Abdulla
Publisher: Bloomsbury Publishing
ISBN: 1786724057
Category : Religion
Languages : en
Pages : 243

Book Description
Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs.