Islam and the Secular State

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Publisher : Harvard University Press
ISBN 13 : 0674261445
Total Pages : 346 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Islam and the Secular State by : Abdullahi Ahmed An-Na'im

Download or read book Islam and the Secular State written by Abdullahi Ahmed An-Na'im and published by Harvard University Press. This book was released on 2010-03-30 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical 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. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.

A Secular Need

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Publisher :
ISBN 13 : 9780295747071
Total Pages : 248 pages
Book Rating : 4.7/5 (47 download)

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Book Synopsis A Secular Need by : Jeff Redding

Download or read book A Secular Need written by Jeff Redding and published by . This book was released on 2020 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic law's relationship to secular governance is a fraught one in contemporary discussions. Whether from the perspective of Islamic law's advocates, secularism's partisans, or publics caught in the crossfire, many people see the relationship between Islam and secularism as antagonistic. Moreover, the relationship between Islamic law and secularism seems increasingly discordant, with recent developments in the United States (e.g., calls for "shari'a bans" in U.S. courts), Western Europe (such as legal limitations on headscarves and mosques), and the Arab Middle East (such as conflicts between secularist old-guards and Islamist revolutionaries) indicating that unsteady coexistences are transforming into outright hostilities. This book's exploration of an Indian non-state system of Muslim dispute resolution-formally known as the dar ul qaza system, but commonly referred to as a system of "Muslim courts" or "shariat courts"-challenges conventional narratives about the inevitable opposition between Islamic law and secular forms of governance, and the impossibility of their coexistence. Moreover, it demonstrates how secular law and governance in India does not and cannot work without the significant assistance of non-state Islamic legal actors. For example, the conciliation-oriented Indian family court system is insufficient for handling divorce petitions brought by Muslim women seeking to unilaterally disassociate from their Muslim husbands. This volume shows how in these situations and others, Indian state secularism needs the Islamic non-state-so much so that this intense need often erupts into a complicated set of love-hate politics towards India's Muslims"--

Challenging the Secular State

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Publisher : University of Hawaii Press
ISBN 13 : 082483237X
Total Pages : 274 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Challenging the Secular State by : Arskal Salim

Download or read book Challenging the Secular State written by Arskal Salim and published by University of Hawaii Press. This book was released on 2008-09-30 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.

Governing Islam

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Publisher : Cambridge University Press
ISBN 13 : 1107173914
Total Pages : 235 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Governing Islam by : Julia Stephens

Download or read book Governing Islam written by Julia Stephens and published by Cambridge University Press. This book was released on 2018-06-21 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephens argues that encounters between Islam and British colonial rule in South Asia were fundamental to the evolution of modern secularism.

Questioning Secularism

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Publisher : University of Chicago Press
ISBN 13 : 0226010686
Total Pages : 297 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Questioning Secularism by : Hussein Ali Agrama

Download or read book Questioning Secularism written by Hussein Ali Agrama and published by University of Chicago Press. This book was released on 2012-11-02 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: What, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In this work, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.

Comparative Secularisms in a Global Age

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Publisher : Springer
ISBN 13 : 0230106706
Total Pages : 292 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Comparative Secularisms in a Global Age by : L. Cady

Download or read book Comparative Secularisms in a Global Age written by L. Cady and published by Springer. This book was released on 2010-05-10 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history and politics of secularism and the public role of religion in France, India, Turkey, and the United States. It interprets the varieties of secularism as a series of evolving and contested processes of defining and remaking religion, rather than a static solution to the challenges posed by religious and political difference.

Divorcing Traditions

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Publisher : Cornell University Press
ISBN 13 : 1501734784
Total Pages : 220 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Divorcing Traditions by : Katherine Lemons

Download or read book Divorcing Traditions written by Katherine Lemons and published by Cornell University Press. This book was released on 2019-03-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian secularism. Lemons analyzes four marital dispute adjudication forums run by Muslim jurists or lay Muslims to show that religious law does not muddle the categories of religion and law but generates them. Drawing on ethnographic and archival research conducted in these four institutions—NGO-run women's arbitration centers (mahila panchayats); sharia courts (dar ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas); and the practice of what a Muslim legal expert (mufti) calls "spiritual healing"—Divorcing Traditions shows how secularism is an ongoing project that seeks to establish and maintain an appropriate relationship between religion and politics. A secular state is always secularizing. And yet, as Lemons demonstrates, the state is not the only arbiter of the relationship between religion and law: religious legal forums help to constitute the categories of private and public, religious and secular upon which secularism relies. In the end, because Muslim legal expertise and practice are central to the Indian legal system and because Muslim divorce's contested legal status marks a crisis of the secular distinction between religion and law, Muslim divorce, argues Lemons, is a key site for understanding Indian secularism.

Constituting Religion

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Publisher : Cambridge University Press
ISBN 13 : 1108334075
Total Pages : pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Constituting Religion by : Tamir Moustafa

Download or read book Constituting Religion written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2018-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.

Religious Difference in a Secular Age

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Publisher : Princeton University Press
ISBN 13 : 0691153280
Total Pages : 254 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Religious Difference in a Secular Age by : Saba Mahmood

Download or read book Religious Difference in a Secular Age written by Saba Mahmood and published by Princeton University Press. This book was released on 2015-11-03 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: How secular governance in the Middle East is making life worse—not better—for religious minorities The plight of religious minorities in the Middle East is often attributed to the failure of secularism to take root in the region. Religious Difference in a Secular Age challenges this assessment by examining four cornerstones of secularism—political and civil equality, minority rights, religious freedom, and the legal separation of private and public domains. Drawing on her extensive fieldwork in Egypt with Coptic Orthodox Christians and Bahais—religious minorities in a predominantly Muslim country—Saba Mahmood shows how modern secular governance has exacerbated religious tensions and inequalities rather than reduced them. Tracing the historical career of secular legal concepts in the colonial and postcolonial Middle East, she explores how contradictions at the very heart of political secularism have aggravated and amplified existing forms of Islamic hierarchy, bringing minority relations in Egypt to a new historical impasse. Through a close examination of Egyptian court cases and constitutional debates about minority rights, conflicts around family law, and controversies over freedom of expression, Mahmood invites us to reflect on the entwined histories of secularism in the Middle East and Europe. A provocative work of scholarship, Religious Difference in a Secular Age challenges us to rethink the promise and limits of the secular ideal of religious equality.

Modern Perspectives on Islamic Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857934473
Total Pages : 319 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Modern Perspectives on Islamic Law by : E. Ann Black

Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Formations of the Secular

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Author :
Publisher : Stanford University Press
ISBN 13 : 0804783098
Total Pages : 401 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Formations of the Secular by : Talal Asad

Download or read book Formations of the Secular written by Talal Asad and published by Stanford University Press. This book was released on 2003-02-03 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A dark but brilliantly original work . . . one of the most important books on religion and the modern in recent years.” —H-Net Reviews Opening with the provocative query “what might an anthropology of the secular look like?” this book explores the concepts, practices, and political formations of secularism, with emphasis on the major historical shifts that have shaped secular sensibilities and attitudes in the modern West and the Middle East. Talal Asad proceeds to dismantle commonly held assumptions about the secular and the terrain it allegedly covers. He argues that while anthropologists have oriented themselves to the study of the “strangeness of the non-European world” and to what are seen as non-rational dimensions of social life (things like myth, taboo, and religion),the modern and the secular have not been adequately examined. The conclusion is that the secular cannot be viewed as a successor to religion, or be seen as on the side of the rational. It is a category with a multi-layered history, related to major premises of modernity, democracy, and the concept of human rights. This book will appeal to anthropologists, historians, religious studies scholars, as well as scholars working on modernity. “A difficult if stunningly eloquent book, a response both elusive and forthright to the many shelves of ‘books on terrorism’ which this country’s trade publishers are rushing into print.” —Bryn Mawr Review of Comparative Literature “This wonderfully illuminating book should be read alongside the author’s Genealogies of Religion.” —Religion “One of the most interesting scholars of religious writing today.” —Christian Scholar’s Review “Asad’s brilliant study remains a defining piece of intellectual and scholarly contribution for all of those interested in exploring the religious and the secular in the modern era.” —The American Journal of Islamic Social Sciences

Islamic Law and International Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0190064633
Total Pages : 329 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Islamic Law and International Law by : Emilia Justyna Powell

Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Muslim Secular Democracy

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Publisher : Springer
ISBN 13 : 1137282053
Total Pages : 393 pages
Book Rating : 4.1/5 (372 download)

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Book Synopsis Muslim Secular Democracy by : Lily Zubaidah Rahim

Download or read book Muslim Secular Democracy written by Lily Zubaidah Rahim and published by Springer. This book was released on 2013-03-20 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers a nuanced and innovative analyses of the emergence of an inclusive secular democratic state paradigm which incorporates the sacred within the framework of secular democracy in the Muslim World.

Development of Muslim Theology, Jurisprudence and Constitutional Theory

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Author :
Publisher :
ISBN 13 :
Total Pages : 412 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Development of Muslim Theology, Jurisprudence and Constitutional Theory by : Duncan Black Macdonald

Download or read book Development of Muslim Theology, Jurisprudence and Constitutional Theory written by Duncan Black Macdonald and published by . This book was released on 1903 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of Shari'a Law

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Publisher : Cambridge University Press
ISBN 13 : 1107130220
Total Pages : 285 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Politics of Shari'a Law by : Michael Buehler

Download or read book The Politics of Shari'a Law written by Michael Buehler and published by Cambridge University Press. This book was released on 2016-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and timely exploration of the continuing Islamization of Indonesian politics despite the electoral decline of Islamist parties.

Islam, Authoritarianism, and Underdevelopment

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Publisher : Cambridge University Press
ISBN 13 : 1108419097
Total Pages : 323 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Islam, Authoritarianism, and Underdevelopment by : Ahmet T. Kuru

Download or read book Islam, Authoritarianism, and Underdevelopment written by Ahmet T. Kuru and published by Cambridge University Press. This book was released on 2019-08 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.

Shari‘a, Inshallah

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Publisher : Cambridge University Press
ISBN 13 : 1108832784
Total Pages : 391 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Shari‘a, Inshallah by : Mark Fathi Massoud

Download or read book Shari‘a, Inshallah written by Mark Fathi Massoud and published by Cambridge University Press. This book was released on 2021-05-27 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.