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Islam, Law and the Modern State

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

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Book Synopsis Islam, Law and the Modern State by : Arif A. Jamal

Download or read book Islam, Law and the Modern State written by Arif A. Jamal. This book was released on 2018-03-14. Available in PDF, EPUB and Kindle. Book excerpt: 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
Kind : eBook
Book Rating : 48X/5 ( reviews)

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Book Synopsis The Politics of Islamic Law by : Iza R. Hussin

Download or read book The Politics of Islamic Law written by Iza R. Hussin. This book was released on 2016-03-31. Available in PDF, EPUB and Kindle. Book excerpt: 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
Kind : eBook
Book Rating : 862/5 ( reviews)

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Book Synopsis The Impossible State by : Wael B. Hallaq

Download or read book The Impossible State written by Wael B. Hallaq. This book was released on 2012-11-20. Available in PDF, EPUB and Kindle. Book excerpt: 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
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Islamic Concept of a Modern State by : Dr. Muhammad Shafiq

Download or read book Islamic Concept of a Modern State written by Dr. Muhammad Shafiq. This book was released on 1987. Available in PDF, EPUB and Kindle. Book excerpt:

State Law as Islamic Law in Modern Egypt

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Release : 2006-01-01
Genre : Law
Kind : eBook
Book Rating : 726/5 ( reviews)

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Book Synopsis State Law as Islamic Law in Modern Egypt by : Clark Lombardi

Download or read book State Law as Islamic Law in Modern Egypt written by Clark Lombardi. This book was released on 2006-01-01. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.

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