Islam and the Limits of the State

Islam and the Limits of the State PDF

Author: R. Michael Feener

Publisher: BRILL

Published: 2015-10-27

Total Pages: 269

ISBN-13: 900430486X

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This book examines the complex relationships between the state state implementation of Shariʿa and diverse lived realities of everyday Islam in contemporary Aceh, Indonesia.

Islamic Law and the State

Islamic Law and the State PDF

Author: Sherman A. Jackson

Publisher: BRILL

Published: 2023-08-21

Total Pages: 293

ISBN-13: 9004661166

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This book deals with an Ayyūbid-Mamlūk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Mamlūk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihād was the dominant hegemony, into the post-formative period during which taqlīd came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority. Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and the schools, the latter imposing limits on the executive authority of the state.

The Limits of Culture

The Limits of Culture PDF

Author: Brenda Shaffer

Publisher: MIT Press

Published: 2006

Total Pages: 738

ISBN-13: 0262195291

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Experts analyze the effect of cultural interests on the foreign policy of states in the Caspian region, including Iran, Azerbaijan, Armenia, Georgia, Afghanistan, Kazakhstan, and Pakistan.

The Impossible State

The Impossible State PDF

Author: Wael B. Hallaq

Publisher: Columbia University Press

Published: 2012-11-20

Total Pages: 273

ISBN-13: 0231530862

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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.

The Politics of Islamic Law

The Politics of Islamic Law PDF

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.

The Spirit of Islamic Law

The Spirit of Islamic Law PDF

Author: Bernard G. Weiss

Publisher: University of Georgia Press

Published: 2006

Total Pages: 233

ISBN-13: 0820328278

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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.

Islam And Democracy

Islam And Democracy PDF

Author: Fatima Mernissi

Publisher: Basic Books

Published: 2009-03-05

Total Pages: 224

ISBN-13: 0786731001

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Is Islam compatible with democracy? Must fundamentalism win out in the Middle East, or will democracy ever be possible? In this now-classic book, Islamic sociologist Fatima Mernissi explores the ways in which progressive Muslims--defenders of democracy, feminists, and others trying to resist fundamentalism--must use the same sacred texts as Muslims who use them for violent ends, to prove different views. Updated with a new introduction by the author written in the wake of the September 11 terrorist attacks on the United States, Islam and Democracy serves as a guide to the players moving the pieces on the rather grim Muslim chessboard. It shines new light on the people behind today's terrorist acts and raises provocative questions about the possibilities for democracy and human rights in the Islamic world. Essential reading for anyone interested in the politics of the Middle East today, Islam and Democracy is as timely now as it was upon its initial, celebrated publication.

Islam and the Challenge of Democracy

Islam and the Challenge of Democracy PDF

Author: Khaled Abou El Fadl

Publisher: Princeton University Press

Published: 2004-03-28

Total Pages: 146

ISBN-13: 0691119384

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The events of September 11 and the subsequent war on terrorism have provoked widespread discussion about the possibility of democracy in the Islamic world. Such topics as the meaning of jihad, the role of clerics as authoritative interpreters, and the place of human rights and toleration in Islam have become subjects of urgent public debate around the world. With few exceptions, however, this debate has proceeded in isolation from the vibrant traditions of argument within Islamic theology, philosophy, and law. Islam and the Challenge of Democracy aims to correct this deficiency. The book engages the reader in a rich discourse on the challenges of democracy in contemporary Islam. The collection begins with a lead essay by Khaled Abou El Fadl, who argues that democracy, especially a constitutional democracy that protects basic individual rights, is the form of government best suited to promoting a set of social and political values central to Islam. Because Islam is about submission to God and about each individual's responsibility to serve as His agent on Earth, Abou El Fadl argues, there is no place for the subjugation to human authority demanded by authoritarian regimes. The lead essay is followed by eleven others from internationally respected specialists in democracy and religion. They address, challenge, and engage Abou El Fadl's work. The contributors include John Esposito, Muhammad Fadel, Noah Feldman, Nader Hashemi, Bernard Haykel, Muqtedar Khan, Saba Mahmood, David Novak, William Quandt, Kevin Reinhart, and Jeremy Waldron.

Islam, Authoritarianism, and Underdevelopment

Islam, Authoritarianism, and Underdevelopment PDF

Author: Ahmet T. Kuru

Publisher: Cambridge University Press

Published: 2019-08

Total Pages: 323

ISBN-13: 1108419097

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Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.

Under the Banner of Islam

Under the Banner of Islam PDF

Author: Gülay Türkmen

Publisher: Oxford University Press

Published: 2021-01-22

Total Pages: 272

ISBN-13: 019751183X

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Sunni Islam has played an ambivalent role in Turkey's Kurdish conflict--both as a conflict resolution tool and as a tool of resistance. Under the Banner of Islam uses Turkey as a case study to understand how religious, ethnic, and national identities converge in ethnic conflicts between co-religionists. Gülay Türkmen asks a question that informs the way we understand religiously homogeneous ethnic conflicts today: Is it possible for religion to act as a resolution tool in these often-violent conflicts? In search for answers to this question, in Under the Banner of Islam, Türkmen journeys into the inner circles of religious elites from different backgrounds: non-state-appointed local Kurdish meles, state-appointed Kurdish and Turkish imams, heads of religious NGOs, and members of religious orders. Blending interview data with a detailed historical analysis that goes back as far as the nineteenth century, she argues that the strength of Turkish and Kurdish nationalisms, the symbiotic relationship between Turkey's religious and political fields, the religious elites' varying conceptualizations of religious and ethnic identities, and the recent political developments in the region (particularly in Syria) all contribute to the complex role religion plays in the Kurdish conflict in Turkey. Under the Banner of Islam is a specific story of religion, ethnicity, and nationalism in Turkey's Kurdish conflict, but it also tracks a broader narrative of how ethnic and religious identities are negotiated when resolving conflicts.