Sharia Transformations

Sharia Transformations PDF

Author: Michael G. Peletz

Publisher: Univ of California Press

Published: 2020-03-06

Total Pages: 307

ISBN-13: 0520974476

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Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.

Sharī'a

Sharī'a PDF

Author: Wael B. Hallaq

Publisher: Cambridge University Press

Published: 2009-04-16

Total Pages: 625

ISBN-13: 0521861470

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Wael Hallaq's magisterial overview of Shari'a examines the doctrines and practices of Islamic law from the seventh century to the present. In a compelling narrative, the author unravels the complexities of his subject to reveal a deep knowledge of the law which will engage and challenge both student and scholar.

Islam & Modernity

Islam & Modernity PDF

Author: Fazlur Rahman

Publisher: University of Chicago Press

Published: 2017-07-21

Total Pages: 183

ISBN-13: 022638702X

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"As Professor Fazlur Rahman shows in the latest of a series of important contributions to Islamic intellectual history, the characteristic problems of the Muslim modernists—the adaptation to the needs of the contemporary situation of a holy book which draws its specific examples from the conditions of the seventh century and earlier—are by no means new. . . . In Professor Rahman's view the intellectual and therefore the social development of Islam has been impeded and distorted by two interrelated errors. The first was committed by those who, in reading the Koran, failed to recognize the differences between general principles and specific responses to 'concrete and particular historical situations.' . . . This very rigidity gave rise to the second major error, that of the secularists. By teaching and interpreting the Koran in such a way as to admit of no change or development, the dogmatists had created a situation in which Muslim societies, faced with the imperative need to educate their people for life in the modern world, were forced to make a painful and self-defeating choice—either to abandon Koranic Islam, or to turn their backs on the modern world."—Bernard Lewis, New York Review of Books "In this work, Professor Fazlur Rahman presents a positively ambitious blueprint for the transformation of the intellectual tradition of Islam: theology, ethics, philosophy and jurisprudence. Over the voices advocating a return to Islam or the reestablishment of the Sharia, the guide for action, he astutely and soberly asks: What and which Islam? More importantly, how does one get to 'normative' Islam? The author counsels, and passionately demonstrates, that for Islam to be actually what Muslims claim it to be—comprehensive in scope and efficacious for every age and place—Muslim scholars and educationists must reevaluate their methodology and hermeneutics. In spelling out the necessary and sound methodology, he is at once courageous, serious and profound."—Wadi Z. Haddad, American-Arab Affairs

Recasting Islamic Law

Recasting Islamic Law PDF

Author: Rachel M. Scott

Publisher: Cornell University Press

Published: 2021-03-15

Total Pages: 339

ISBN-13: 1501753991

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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.

Transformations of Tradition

Transformations of Tradition PDF

Author: Junaid Quadri

Publisher: Oxford University Press, USA

Published: 2021

Total Pages: 265

ISBN-13: 0190077042

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"This book is a study of the Muslim world's entanglement with colonial modernity. More specifically, it is an historical examination of the development of the long-standing, indigenous tradition of learning and praxis known as Islamic law (shari°a, fiqh) as a result of its imbalanced interaction with new European modes of knowing during, and in the immediate aftermath of, the colonial experience. Drawing upon the writings of jurist-scholars from the òHanaf åischool of law writing in Cairo, Kazan, Lucknow, Baghdad and Istanbul, Transformations of Tradition reveals several central shifts in Islamic legal writing that throw into doubt the possibility of reading its later trajectory through the lens of a continuous "tradition." By focusing especially on the work of Muòhammad Bakhåit al-Muòtåi°åi, Mufti of Egypt for a time and a leading scholar at the Azhar, Transformations shows that the colonial moment of the late nineteenth and early twentieth centuries marked a significant rupture in how Muslim jurists understood history and authority, science and technology, and religion and the secular, thereby upending the very ground upon which Islamic law had until then functioned"--

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.

Islamic Studies in the Twenty-first Century

Islamic Studies in the Twenty-first Century PDF

Author: Léon Buskens

Publisher:

Published: 2017-01-15

Total Pages: 284

ISBN-13: 9789048528189

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In recent decades, traditional methods of philology and intellectual history, applied to the study of Islam and Muslim societies, have been met with considerable criticism from rising generations of scholars who have turned to the social sciences, most notably anthropology and social history, for guidance. This change has been accompanied by the rise of new fields, studying, for example, Islam in Europe and Africa, and new topics, such as the role of gender. This collection surveys these transformations and others, taking stock of the field and showing new paths forward.

The Beginnings of Islamic Law

The Beginnings of Islamic Law PDF

Author: Lena Salaymeh

Publisher: Cambridge University Press

Published: 2016-11-14

Total Pages: 257

ISBN-13: 1107133025

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This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

ShariE a in the Russian Empire

ShariE a in the Russian Empire PDF

Author: Paolo Sartori

Publisher: Edinburgh University Press

Published: 2020-01-07

Total Pages: 384

ISBN-13: 1474444318

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This book looks at how Islamic law was practiced in Russia from the conquest of the empire's first Muslim territories in the mid-1500s to the Russian Revolution of 1917, when the empire's Muslim population had exceeded 20 million. It focuses on the training of Russian Muslim jurists, the debates over legal authority within Muslim communities and the relationship between Islamic law and 'customary' law. Based upon difficult to access sources written in a variety of languages (Arabic, Chaghatay, Kazakh, Persian, Tatar), it offers scholars of Russian history, Islamic history and colonial history an account of Islamic law in Russia of the same quality and detail as the scholarship currently available on Islam in the British and French colonial empires.