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Islam and the Rule of Justice: Image and Reality in Muslim Law and Culture
by Lawrence RosenIn the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Islam and the Rule of Justice: Image and Reality in Muslim Law and Culture
by Lawrence RosenIn the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Islam and the Rule of Justice: Image and Reality in Muslim Law and Culture
by Lawrence RosenIn the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Islam and the Secular State: Negotiating The Future Of Shari`a
by Abdullahi Ahmed Na ʻAbd Allāh NaʻīmWhat should be the place of Shari'a - Islamic religious law - in predominantly Muslim societies of the world? In this book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari'a, based on a profound rethinking of the relationship between religion and the secular state in all societies.
Islam and Warfare: Context and Compatibility with International Law (Routledge Research in the Law of Armed Conflict)
by Onder BakirciogluThe question of how Islamic law regulates the notions of just recourse to and just conduct in war has long been the topic of heated controversy, and is often subject to oversimplification in scholarship and journalism. This book traces the rationale for aggression within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad. The book reveals that there has never been a unified position on what Islamic warfare tangibly entails, due to the complexity of relevant sources and discordant historical dynamics that have shaped the contours of jihad. Onder Bakircioglu advocates a dynamic reading of Islamic law and military tradition; one which prioritises the demands of contemporary international relations and considers the meaning and application of jihad as contingent on the socio-political forces of each historical epoch. This book will be of great interest to scholars and students of international law, Islamic law, war and security studies, and the law of armed conflict.
Islam and Warfare: Context and Compatibility with International Law (Routledge Research in the Law of Armed Conflict)
by Onder BakirciogluThe question of how Islamic law regulates the notions of just recourse to and just conduct in war has long been the topic of heated controversy, and is often subject to oversimplification in scholarship and journalism. This book traces the rationale for aggression within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad. The book reveals that there has never been a unified position on what Islamic warfare tangibly entails, due to the complexity of relevant sources and discordant historical dynamics that have shaped the contours of jihad. Onder Bakircioglu advocates a dynamic reading of Islamic law and military tradition; one which prioritises the demands of contemporary international relations and considers the meaning and application of jihad as contingent on the socio-political forces of each historical epoch. This book will be of great interest to scholars and students of international law, Islamic law, war and security studies, and the law of armed conflict.
Islam and Women's Income: Dowry and Law in Bangladesh (ICLARS Series on Law and Religion)
by Farah Deeba ChowdhuryThis book examines the interrelationship between law, culture, patriarchy and religion in the context of contemporary Bangladesh. It explores the role of Islam in society and politics generally, and its influence on gender equality in particular. The work focuses on the situation of married women. Taking a socio-legal approach, it analyses the changing nature of the dowry practice and its relation to women’s increasing paid labour force activity. Despite anti-dowry legislation, it is argued here that the dowry system continues in the form of the appropriation of wives’ income. The work calls for legal recognition of this action and the amendment of the Dowry Prohibition Act 1980 as a result of the changing social realities that are taking place in the lives of Bangladeshi women. An Islamic approach is applied to equality between men and women in addressing and analysing these issues. The book includes international comparisons on gender equality and discusses the role of the Convention on the Elimination of All Forms of Descrimination Against Women (CEDAW), as well as the dowry system in South Asia. The book will be of interest to academics and researchers working in the areas of law and religion, gender studies and international development.
Islam and Women's Income: Dowry and Law in Bangladesh (ICLARS Series on Law and Religion)
by Farah Deeba ChowdhuryThis book examines the interrelationship between law, culture, patriarchy and religion in the context of contemporary Bangladesh. It explores the role of Islam in society and politics generally, and its influence on gender equality in particular. The work focuses on the situation of married women. Taking a socio-legal approach, it analyses the changing nature of the dowry practice and its relation to women’s increasing paid labour force activity. Despite anti-dowry legislation, it is argued here that the dowry system continues in the form of the appropriation of wives’ income. The work calls for legal recognition of this action and the amendment of the Dowry Prohibition Act 1980 as a result of the changing social realities that are taking place in the lives of Bangladeshi women. An Islamic approach is applied to equality between men and women in addressing and analysing these issues. The book includes international comparisons on gender equality and discusses the role of the Convention on the Elimination of All Forms of Descrimination Against Women (CEDAW), as well as the dowry system in South Asia. The book will be of interest to academics and researchers working in the areas of law and religion, gender studies and international development.
Islam as Critique: Sayyid Ahmad Khan and the Challenge of Modernity (Islam of the Global West)
by Khurram HussainWhat would it mean to imagine Islam as an immanent critique of the West? Sayyid Ahmad Khan lived in a time of great tribulation for Muslim India under British rule. By examining Khan's work as a critical expression of modernity rooted in the Muslim experience of it, Islam as Critique argues that Khan is essential to understanding the problematics of modern Islam and its relationship to the West. The book re-imagines Islam as an interpretive strategy for investigating the modern condition, and as an engaged alternative to mainstream Western thought. Using the life and work of 19th century Indian Muslim polymath Khan (1817-1898), it identifies Muslims as a viable resource for both critical intervention in important ethical debates of our times and as legitimate participants in humanistic discourses that underpin a just global order. Islam as Critique locates Khan within a broader strain in modern Islamic thought that is neither a rejection of the West, nor a wholesale acceptance of it. The author calls this “Critical Islam”. By bringing Khan's critical engagement with modernity into conversation with similar critical analyses of the modern by Reinhold Niebuhr, Hannah Arendt, and Alasdair MacIntyre, the author shows how Islam can be read as critique.
Islam as Critique: Sayyid Ahmad Khan and the Challenge of Modernity (Islam of the Global West)
by Khurram HussainWhat would it mean to imagine Islam as an immanent critique of the West? Sayyid Ahmad Khan lived in a time of great tribulation for Muslim India under British rule. By examining Khan's work as a critical expression of modernity rooted in the Muslim experience of it, Islam as Critique argues that Khan is essential to understanding the problematics of modern Islam and its relationship to the West. The book re-imagines Islam as an interpretive strategy for investigating the modern condition, and as an engaged alternative to mainstream Western thought. Using the life and work of 19th century Indian Muslim polymath Khan (1817-1898), it identifies Muslims as a viable resource for both critical intervention in important ethical debates of our times and as legitimate participants in humanistic discourses that underpin a just global order. Islam as Critique locates Khan within a broader strain in modern Islamic thought that is neither a rejection of the West, nor a wholesale acceptance of it. The author calls this “Critical Islam”. By bringing Khan's critical engagement with modernity into conversation with similar critical analyses of the modern by Reinhold Niebuhr, Hannah Arendt, and Alasdair MacIntyre, the author shows how Islam can be read as critique.
Islam Beyond Conflict: Indonesian Islam and Western Political Theory (Law, Ethics and Governance)
by Wayne HudsonPolitically, Islam in Indonesia is part of a rich multi-cultural mix. Religious tolerance is seen as the cornerstone of relations between different faiths - and moderation is built into the country's constitutional framework. However, the advent of democracy coupled with the impact of the South-East Asian economic collapse in 1997, and the arrival of a tough new breed of Middle Eastern Islamic preachers, sowed the seeds of the current challenge to Indonesia's traditionally moderate form of Islam. This volume explores the extent to which moderate Indonesian Islam is able to assimilate leading concepts from Western political theory. The essays in the collection explore how concepts from Western political theory are compatible with a liberal interpretation of Islamic universals and how such universals can form the basis for a contemporary approach to the protection of human rights and the articulation of a modern Islamic civil society.
Islam Beyond Conflict: Indonesian Islam and Western Political Theory (Law, Ethics and Governance)
by Wayne HudsonPolitically, Islam in Indonesia is part of a rich multi-cultural mix. Religious tolerance is seen as the cornerstone of relations between different faiths - and moderation is built into the country's constitutional framework. However, the advent of democracy coupled with the impact of the South-East Asian economic collapse in 1997, and the arrival of a tough new breed of Middle Eastern Islamic preachers, sowed the seeds of the current challenge to Indonesia's traditionally moderate form of Islam. This volume explores the extent to which moderate Indonesian Islam is able to assimilate leading concepts from Western political theory. The essays in the collection explore how concepts from Western political theory are compatible with a liberal interpretation of Islamic universals and how such universals can form the basis for a contemporary approach to the protection of human rights and the articulation of a modern Islamic civil society.
Islam, Constitutional Law and Human Rights: Sexual Minorities And Freethinkers In Egypt And Tunisia (Comparative Constitutionalism in Muslim Majority States)
by Tommaso VirgiliThis book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with shariᶜa and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between shariᶜa and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.
Islam, Constitutional Law and Human Rights: Sexual Minorities And Freethinkers In Egypt And Tunisia (Comparative Constitutionalism in Muslim Majority States)
by Tommaso VirgiliThis book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with shariᶜa and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between shariᶜa and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.
Islam, Culture, and Marriage Consent: Hanafi Jurisprudence and the Pashtun Context (New Directions in Islam)
by Hafsa PirzadaThis book presents an empirical examination of consent-seeking among Pashtun Muslims in the Pakistani province of Khyber Pakhtunkhwa (KPK), to determine whether cultural norms and beliefs have largely come to diverge from the principles of consent in Islamic law and jurisprudence. Is culture part of the ‘inevitable decay’ to which Max Müller says every religion is exposed? Or – if rephrased in terms of the research encapsulated within this book – are cultural beliefs and practises the inevitable decay to which Islam has been exposed in Muslim societies? Drawing on interviews with Muslims in Pakistan and Australia, the research broadly broaches questions around the rights of women in Islam and contributes to a wider understanding of Muslim social, cultural, and religious practices in both Muslim majority nations and diaspora communities. The author disentangles cultural practices from both religious and universal legal principles, demonstrating how consent seeking in Pashtun culture generally does not reflect the spirit or the intent of consent as described in Hanafī law and jurisprudence. This research will be of interest to students and scholars across sociology, anthropology, socio-legal studies, and law, with a focus on Islamically-justified law reform in Muslim nation states.
Islam, Custom and Human Rights: A Legal and Empirical Study of Criminal Cases in Afghanistan After the 2004 Constitution (Interdisciplinary Studies in Human Rights #7)
by Lutforahman SaeedFor the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights–driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.
Islam in Europe: Public Spaces and Civic Networks (Islam and Nationalism)
by S. Sofos R. TsagarousianouDrawing upon extensive fieldwork and suggesting novel ways of approaching the phenomenon of European Islam and the continent's Muslim communities, Islam in Europe examines how European Muslims construct notions or identity, agency and belonging, how they negotiate and redefine the notions of religion, tradition, authority and cultural authenticity.
Islam in the West: Key Issues in Multiculturalism
by Max Farrar Yasmin ValliThis book contributes to understanding of the contemporary relationship between Muslims and the Western societies in which they live, focusing particularly on the UK. Chapters reflect on the nature of multiculturalism, as well as a wide range of specific aspects of daily life, including religious dialogue, gender, freedom of speech and politics.
Islam, Law and the Modern State: (Re)imagining Liberal Theory in Muslim Contexts (ICLARS Series on Law and Religion)
by Arif A. JamalWithin the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.
Islam, Law and the Modern State: (Re)imagining Liberal Theory in Muslim Contexts (ICLARS Series on Law and Religion)
by Arif A. JamalWithin the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.
Islam, Religious Liberty and Constitutionalism in Europe
by Mark Hill KC and Lina PapadopoulouFor centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe.The volume's contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches.This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.
Islam, Religious Liberty and Constitutionalism in Europe
For centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe.The volume's contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches.This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.
Islam - Säkularismus - Religionsrecht: Aspekte und Gefährdungen der Religionsfreiheit
by Lothar Häberle and Johannes HattlerSeit Gründung der Bundesrepublik ist die religiöse Zusammensetzung der Gesellschaft heterogener und konfliktreicher geworden: Zugenommen hat die Gruppe der Religionslosen, von denen einige aktiv für einen weltanschaulichen Säkularismus eintreten, und die der Muslime unterschiedlichen Bekenntnisses.Dem Islam selbst und seiner komplexen Beziehung zum Verfassungsstaat sind zwei Beiträge gewidmet, ein weiterer säkularistischen (bzw. laizistischen) Positionen. Mehrere Kapitel gehen der Frage nach, wie das staatliche Religionsrecht auf die Herausforderungen Islam und Säkularismus reagieren sollte und ob es einer Neujustierung bedarf. Abschließend werden zwei konträre Urteile des Europäischen Gerichtshofs für Menschenrechte (EGMR) zu einem italienischen Schulkreuz-Fall analysiert.
Islam und Friedensvölkerrechtsordnung: Die dogmatischen Grundlagen der Teilnahme eines islamischen Staates am modernen Völkerrechtssystem am Beispiel Ägyptens (Forschungen aus Staat und Recht #84)
by Dietrich, F.R. PohlGegenstand dieses Buches ist die problematische Beziehung des islamischen Rechts zum modernen Völkerrecht. Dabei wird erstmals das klassische Recht in seiner eigenen Systematik dargestellt, unter Auswertung der wichtigsten arabischen Quellen dieser Zeit. Im Ergebnis zeigen sich die dogmatischen Unvereinbarkeiten der Rechtssysteme: wo im Friedensvölkerrecht 'Staatenbeziehungen' und 'Frieden' stehen, setzt der Islam 'Gemeinschaft der Gläubigen' und 'Heiligen Krieg', den gihád. Vor diesem Hintergrund wird aber auch verständlich, wo Rechtsformen im Islam anzusetzen haben. Der Autor untersucht am Beispiel Ägyptens die 'Reform' dieses an sich unveränderlichen Rechts in der Moderne. Anhand von Rechtsgutachten und zentralen Werken islamischer Rechtsgelehrter wird der islamische Weg zum Völkerrechtskonsens gezeigt. Vor dem Hintergrund dieser Renaissance fundamentalistischer Bewegungen in vielen islamischen Staaten scheint jedoch die Störung des bisherigen Konsenses im Völkerrecht durchaus möglich; der Autor wirft mit diesem Buch die Frage nach der Einbringung nichteuropäischer Rechtstraditionen in dieses europäische Völkerrecht neu auf.
Islamic and Ethical Finance in the United Kingdom (Edinburgh Guides to Islamic Finance)
by Elaine HousbyThis book examines a wide range of financial institutions in Britain which fall broadly within the ethical sector, considering the nature of their principles and practices, and how they relate to Islamic models and to Muslim communities. Islamic finance is routinely described as ethical: a beneficial association given that 'ethical' finance is one of the few financial sectors with a positive image and is a large and growing sector of the market. Yet the claim that ‘Islamic’ and ‘ethical’ are synonymous is only now being seriously examined, as is the claim that there exists a consistent and generally understood definition of ‘ethical’ practice. This guide includes case studies from retail banking, mutual associations such as building societies and credit unions, investment funds, high interest lenders and debt counselling, social enterprise, charities and the wider phenomenon of ethical consumerism.