Author : Aziz Al-Azmeh
Publisher : Routledge
Page : 259 pages
File Size : 13,64 MB
Release : 2013-06-03
Category : Reference
ISBN : 113461005X
This book underlines the mutability of Islamic law and attempts to relate its substantive and institutional varieties and transformations to social, political, economic and other historical circumstances. The studies in the book range from discussion of the received wisdom in Islamic law to studies of legal institutions and the theoretical means employed by Islamic law for the accommodation of changing historical circumstances. First published in 1988.
Author : Iza R. Hussin
Publisher : University of Chicago Press
Page : 360 pages
File Size : 17,80 MB
Release : 2016-03-31
Category : Law
ISBN : 022632348X
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 : Patrick Bannerman
Publisher : Routledge
Page : 291 pages
File Size : 21,77 MB
Release : 2013-06-03
Category : Reference
ISBN : 1134608861
There has been a significant upsurge of western interest in the political manifestations and significance of Islam in the last decade, fuelled by the notion of Islamic ‘revival’, the Iranian revolution and by events in countries as diverse as Egypt, Pakistan and Sudan. Oil power and its effect on the international economic order, the relationship of Muslim countries with the superpowers and the continuation of the Arab-Israeli conflict have also served to focus attention on Islamic politics and, in particular, on the notion of Islamic reassertion. As the author of this book argues, one result of this interest has been the development of a view of Islam as monolithic and implacable. He takes a broad view of the intellectual and cultural history of Islam, emphasising the extraordinary diversity of Islamic societies and the ways in which the ideal is often pragmatically adapted to reality. In this wider social and historical context, the nature of Islamic revival is then reassessed. First published in 1988.
Author : Mohammed Ayoob
Publisher : Routledge
Page : 285 pages
File Size : 50,45 MB
Release : 2014-03-26
Category : Reference
ISBN : 113461117X
The Iranian Revolution has catalysed the preconceptions holding sway in the Western World about the character of Islam and its politics, based as they are on a mixture of imagined cultural superiority and a latent fear of a resurgence similar to the Arab conquests of the seventh and eighth centuries of the long Ottoman domination of Eastern Europe. This book constitutes a counterweight to such monolithic perceptions of Islam. It surveys the nature of opinion and of government in the larger Muslim regions of the world, and the position of Muslims in states where they are not the dominant population. Each contributor expresses his own assessment of the regional data, and the editor’s concluding chapter draws together the threads of a work which will form an important contribution to international understanding and a first breach in the ‘Green Curtain’ dividing East and West. First published in 1981.
Author : Rubya Mehdi
Publisher : Routledge
Page : 315 pages
File Size : 45,64 MB
Release : 2013-06-03
Category : Reference
ISBN : 1134610890
This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a period of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book. First published in 1994.
Author : Mehran Tamadonfar
Publisher : Lexington Books
Page : 387 pages
File Size : 18,40 MB
Release : 2015-05-20
Category : Law
ISBN : 1498507573
The current rise of Islamism throughout the Muslim world, Islamists’ demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today’s rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims’ individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists’ strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet’s demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi’a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state’s accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.
Author : Saïd Amir Arjomand
Publisher : State University of New York Press
Page : 346 pages
File Size : 16,19 MB
Release : 2013-03-25
Category : Political Science
ISBN : 1438445989
In recent years, Egypt and Iran have been beset with demands for fundamental change. The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran draws together leading regional experts to provide a penetrating comparative analysis of the ways Islam is entangled with the process of democratization in authoritarian regimes. By comparing Islam and the rule of law in these two nations, one Sunni and Arab-speaking, the other Shi>ite and Persian-speaking, this volume enriches the current debate on Islam and democracy, making for a more nuanced understanding and appreciation of differences with the Muslim world, and provides an indispensible background for understanding the Green movement in Iran since 2009 and the Egyptian revolution of 2011
Author : Eugene Cotran
Publisher : BRILL
Page : 620 pages
File Size : 15,95 MB
Release : 1999-01-01
Category : Religion
ISBN : 9789041111852
This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.
Author : Chibli Mallat
Publisher : Cambridge University Press
Page : 264 pages
File Size : 46,57 MB
Release : 1993
Category : Law
ISBN : 9780521531221
A study of Muhammad Baqer as-Sadr - an Iraqi scholar whose ideas were influential in the rise of political Islam.
Author : E. Ann Black
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 13,40 MB
Release : 2013-01-01
Category : Religion
ISBN : 0857934473
'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
