Islam, Law and the Modern State

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Release : 2018-03-14
Genre : Law
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Book Rating : 791/5 ( reviews)

Islam, Law and the Modern State - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Islam, Law and the Modern State write by Arif A. Jamal. This book was released on 2018-03-14. Islam, Law and the Modern State available in PDF, EPUB and Kindle. Within 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.

The Politics of Islamic Law

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Release : 2016-03-31
Genre : Law
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Book Rating : 48X/5 ( reviews)

The Politics of Islamic Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Politics of Islamic Law write by Iza R. Hussin. This book was released on 2016-03-31. The Politics of Islamic Law available in PDF, EPUB and Kindle. 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 Impossible State

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Release : 2012-11-20
Genre : Political Science
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Book Rating : 862/5 ( reviews)

The Impossible State - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Impossible State write by Wael B. Hallaq. This book was released on 2012-11-20. The Impossible State available in PDF, EPUB and Kindle. 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.

Islamic Concept of a Modern State

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Release : 1987
Genre : Constitutional history
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Islamic Concept of a Modern State - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Islamic Concept of a Modern State write by Dr. Muhammad Shafiq. This book was released on 1987. Islamic Concept of a Modern State available in PDF, EPUB and Kindle.

Everyday Islamic Law and the Making of Modern South Asia

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Release : 2022-05-10
Genre : History
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Book Rating : 130/5 ( reviews)

Everyday Islamic Law and the Making of Modern South Asia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Everyday Islamic Law and the Making of Modern South Asia write by Elizabeth Lhost. This book was released on 2022-05-10. Everyday Islamic Law and the Making of Modern South Asia available in PDF, EPUB and Kindle. Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.