Everyday Islamic Law and the Making of Modern South Asia

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Publisher : UNC Press Books
ISBN 13 : 1469668130
Total Pages : 377 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis Everyday Islamic Law and the Making of Modern South Asia by : Elizabeth Lhost

Download or read book Everyday Islamic Law and the Making of Modern South Asia written by Elizabeth Lhost and published by UNC Press Books. This book was released on 2022-05-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial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.

The Politics of Islamic Law

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Publisher : University of Chicago Press
ISBN 13 : 022632348X
Total Pages : 360 pages
Book Rating : 4.2/5 (263 download)

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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 and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. 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.

Communities and Courts

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Publisher : Routledge
ISBN 13 : 1000537854
Total Pages : 207 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Communities and Courts by : Manisha Sethi

Download or read book Communities and Courts written by Manisha Sethi and published by Routledge. This book was released on 2021-12-30 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entanglement of law and religion is reiterated on a daily basis in India. Communities and groups turn to the courts to seek positive recognition of their religious identities or sentiments, as well as a validation of their practices. Equally, courts have become the most potent site of the play of conflicts and contradictions between religious groups. The judicial power thus not only arbiters conflicts but also defines what constitutes the ‘religious’, and demarcates its limits. This volume argues that the relationship between law and religion is not merely one of competing sovereignties – as rational law moulding religion in its reformist vision, and religion defending its turf against secular incursions– but needs to be understood within a wider social and political canvas. The essays here demonstrate how questions of religious pluralism, secularism, law and order, are all central to understanding how the religious and the legal remain imbricated within each other in modern India. It will be of interest to academics, researchers, and advanced students of Sociology, History, Political Science and Law. The chapters in this book were originally published as a special issue of South Asian History and Culture.

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.

Shari’a

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Publisher : Stanford University Press
ISBN 13 : 0804779538
Total Pages : 265 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Shari’a by : Abbas Amanat

Download or read book Shari’a written by Abbas Amanat and published by Stanford University Press. This book was released on 2007-09-17 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.

Islamic Law in Past and Present

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Publisher : BRILL
ISBN 13 : 9004281800
Total Pages : 676 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Islamic Law in Past and Present by : Mathias Rohe

Download or read book Islamic Law in Past and Present written by Mathias Rohe and published by BRILL. This book was released on 2015-01-27 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.

Islamic Law and Civil Code

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Publisher : Columbia University Press
ISBN 13 : 0231520999
Total Pages : 215 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Islamic Law and Civil Code by : Richard A. Debs

Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010-07-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

Muslim Law in India and Abroad

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Author :
Publisher :
ISBN 13 : 9789350356975
Total Pages : 0 pages
Book Rating : 4.3/5 (569 download)

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Book Synopsis Muslim Law in India and Abroad by : Tahir Mahmood

Download or read book Muslim Law in India and Abroad written by Tahir Mahmood and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

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"--

Disability in Islamic Law

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Publisher : Springer Science & Business Media
ISBN 13 : 1402050526
Total Pages : 180 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Disability in Islamic Law by : Vardit Rispler-Chaim

Download or read book Disability in Islamic Law written by Vardit Rispler-Chaim and published by Springer Science & Business Media. This book was released on 2006-10-31 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes attitudes to people with various disabilities based on Muslim jurists’ works in the Middle Ages and the modern era. Very little has been written so far on people with disabilities in a general Islamic context, much less in reference to Islamic law. The main contribution of the book is that it focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them.

What is a Madrasa?

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Publisher : Edinburgh University Press
ISBN 13 : 1474401767
Total Pages : 380 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis What is a Madrasa? by : Ebrahim Moosa

Download or read book What is a Madrasa? written by Ebrahim Moosa and published by Edinburgh University Press. This book was released on 2015-03-10 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prospects for peace in Afghanistan, dialogue between Washington and Tehran, the UN's bid to stabilise nuclear-armed Pakistan, understanding the largest Muslim minority in the world's largest democracy in India, or the largest Muslim population in the world in Indonesia all require some knowledge of the traditional religious sectors in these countries and of what connection traditional religious schooling has (or not) to their geopolitical situations.Moosa delves into the world of madrasa classrooms, scholars and texts, recounting the daily life and discipline of the inhabitants. He shows that madrasa are a living, changing entity, and the site of contestation between groups with varying agendas, goals and notions of modernity.Reading this unique and engaging introduction will provide readers with a clear grasp of the history, place and function of the madrasa in todays Muslim world (religious, cultural and political). It will also investigate the ambiguity underlying the charge that the madrasa is at heart a geopolitical institution.

The Hindu Family and the Emergence of Modern India

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Publisher : Cambridge University Press
ISBN 13 : 1107434750
Total Pages : 279 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis The Hindu Family and the Emergence of Modern India by : Eleanor Newbigin

Download or read book The Hindu Family and the Emergence of Modern India written by Eleanor Newbigin and published by Cambridge University Press. This book was released on 2013-09-19 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.

Islamic Law and Ethics

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Publisher : International Institute of Islamic Thought (IIIT)
ISBN 13 : 1642053465
Total Pages : 224 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis Islamic Law and Ethics by : David R. Vishanoff

Download or read book Islamic Law and Ethics written by David R. Vishanoff and published by International Institute of Islamic Thought (IIIT). This book was released on 2020-09-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?

Constructing Bangladesh

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807877336
Total Pages : 248 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Constructing Bangladesh by : Sufia M. Uddin

Download or read book Constructing Bangladesh written by Sufia M. Uddin and published by Univ of North Carolina Press. This book was released on 2006-12-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlighting the dynamic, pluralistic nature of Islamic civilization, Sufia M. Uddin examines the complex history of Islamic state formation in Bangladesh, formerly the eastern part of the Indian province of Bengal. Uddin focuses on significant moments in the region's history from medieval to modern times, examining the interplay of language, popular and scholarly religious literature, and the colonial experience as they contributed to the creation of a unique Bengali-Islamic identity. During the precolonial era, Bengali, the dominant regional language, infused the richly diverse traditions of the region, including Hinduism, Buddhism, and, eventually, the Islamic religion and literature brought by Urdu-speaking Muslim conquerors from North India. Islam was not simply imported into the region by the ruling elite, Uddin explains, but was incorporated into local tradition over hundreds of years of interactions between Bengalis and non-Bengali Muslims. Constantly contested and negotiated, the Bengali vision of Islamic orthodoxy and community was reflected in both language and politics, which ultimately produced a specifically Bengali-Muslim culture. Uddin argues that this process in Bangladesh is representative of what happens elsewhere in the Muslim world and is therefore an instructive example of the complex and fluid relations between local heritage and the greater Islamic global community, or umma.

An Introduction to Islamic Law

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Publisher : Cambridge University Press
ISBN 13 : 1139489305
Total Pages : 209 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq

Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

Secularism, Society, and Law in India

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Author :
Publisher : Delhi : Vikas Publishing House
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Secularism, Society, and Law in India by : Mohammad Ghouse

Download or read book Secularism, Society, and Law in India written by Mohammad Ghouse and published by Delhi : Vikas Publishing House. This book was released on 1973 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: