The Sharia State

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The Sharia State

Author : Bassam Tibi
Publisher : Routledge
ISBN 13 : 1135924686
Total Pages : 288 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis The Sharia State by : Bassam Tibi

Download or read book The Sharia State written by Bassam Tibi and published by Routledge. This book was released on 2013-07-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against the backdrop of the Arab Spring, The Sharia State examines the Islamist concept of political order. This order is based on a new interpretation of sharia and has been dubbed "the Islamic state" by Islamists. The concept of "the Islamic state," has been elevated to a political agenda and it is this agenda that is examined here. In contrast to the prevailing view which sees the Arab Spring as a revolution, this book argues that the phenomenon has been neither a Spring, nor a revolution. The term 'Arab Spring,' connotes a just rebellion that led to toppling dictators and authoritarian rulers, yet in The Sharia State, Bassam Tibi challenges the unchecked assumption that the seizure of leadership by Islamists is a part of the democratization of the Middle East. Providing a new perspective on the relationship between the Arab Spring and democratization, this book is an essential read for students and scholars of Middle Eastern Studies, Islamic Studies and Politics.

Islam and the Secular State

Author : Abdullahi Ahmed An-Na'im
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.

The Fall and Rise of the Islamic State

Author : Noah Feldman
Publisher : Princeton University Press
ISBN 13 : 1400845025
Total Pages : 230 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Fall and Rise of the Islamic State by : Noah Feldman

Download or read book The Fall and Rise of the Islamic State written by Noah Feldman and published by Princeton University Press. This book was released on 2012-08-26 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world. Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power. The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike. In a new introduction, Feldman discusses developments in Egypt, Tunisia, Libya, and other Muslim-majority countries since the Arab Spring and describes how Islamists must meet the challenge of balance if the new Islamic states are to succeed.

The Politics of Islamic Law

Author : Iza R. Hussin
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.

Islamic State as a Legal Order

Author : Federico Lorenzo Ramaioli
Publisher : Routledge
ISBN 13 : 1000566579
Total Pages : 212 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Islamic State as a Legal Order by : Federico Lorenzo Ramaioli

Download or read book Islamic State as a Legal Order written by Federico Lorenzo Ramaioli and published by Routledge. This book was released on 2022-04-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.

Sharia and the State in Pakistan

Author : Farhat Haq
Publisher : Routledge
ISBN 13 : 0429619995
Total Pages : 192 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Sharia and the State in Pakistan by : Farhat Haq

Download or read book Sharia and the State in Pakistan written by Farhat Haq and published by Routledge. This book was released on 2019-05-10 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers’ understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.

The Impossible State

Author : Wael B. Hallaq
Publisher : Columbia University Press
ISBN 13 : 0231530862
Total Pages : 273 pages
Book Rating : 4.2/5 (315 download)

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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 and published by Columbia University Press. This book was released on 2012-11-20 with total page 273 pages. 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.

Recasting Islamic Law

Author : Rachel M. Scott
Publisher : Cornell University Press
ISBN 13 : 1501753991
Total Pages : 339 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Recasting Islamic Law by : Rachel M. Scott

Download or read book Recasting Islamic Law written by Rachel M. Scott and published by Cornell University Press. This book was released on 2021-03-15 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

Sharia Compliant

Author : Rumee Ahmed
Publisher : Encountering Traditions
ISBN 13 : 9780804794015
Total Pages : 0 pages
Book Rating : 4.7/5 (94 download)

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Book Synopsis Sharia Compliant by : Rumee Ahmed

Download or read book Sharia Compliant written by Rumee Ahmed and published by Encountering Traditions. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the ins and outs of Islamic legal change and provides readers with step-by-step instructions for shaping the future of Islamic law.

Human Rights Commitments of Islamic States

Author : Paul McDonough
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919716
Total Pages : 305 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Human Rights Commitments of Islamic States by : Paul McDonough

Download or read book Human Rights Commitments of Islamic States written by Paul McDonough and published by Bloomsbury Publishing. This book was released on 2021-01-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.

Sharia, Muslim States and International Human Rights Treaty Obligations

Author : Nisrine Abiad
Publisher : BIICL
ISBN 13 : 9781905221417
Total Pages : 276 pages
Book Rating : 4.2/5 (214 download)

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Book Synopsis Sharia, Muslim States and International Human Rights Treaty Obligations by : Nisrine Abiad

Download or read book Sharia, Muslim States and International Human Rights Treaty Obligations written by Nisrine Abiad and published by BIICL. This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

Sharia Versus Freedom

Author : Andrew G. Bostom
Publisher : Prometheus Books
ISBN 13 : 1616146672
Total Pages : 633 pages
Book Rating : 4.6/5 (161 download)

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Book Synopsis Sharia Versus Freedom by : Andrew G. Bostom

Download or read book Sharia Versus Freedom written by Andrew G. Bostom and published by Prometheus Books. This book was released on 2012-11-06 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Author Andrew G. Bostom expands upon his two previous groundbreaking compendia, The Legacy of Jihad and The Legacy of Islamic Antisemitism, with this collection of his own recent essays on Sharia - Islamic law. The book elucidates, unapologetically, Sharia's defining Islamic religious principles and the consequences of its application across space and time, focusing upon contemporary illustrations. A wealth of unambiguous evidence is marshaled, distilled, and analyzed, including: objective, erudite studies of Sharia by leading scholars of Islam; the acknowledgment of Sharia's global "resurgence," even by contemporary academic apologists for Islam; an abundance of recent polling data from Muslim nations and Muslim immigrant communities in the West confirming the ongoing, widespread adherence to Sharia's tenets; the plaintive warnings and admonitions of contemporary Muslim intellectuals - freethinkers and believers, alike - about the incompatibility of Sharia with modern, Western-derived conceptions of universal human rights; and the overt promulgation by authoritative, mainstream international and North American Islamic religious and political organizations of traditional, Sharia-based Muslim legal systems as an integrated whole (i.e., extending well beyond mere "family-law aspects" of Sharia). Johannes J. G. Jansen, Professor for Contemporary Islamic Thought Emeritus at Utrecht University, says this book "will prove sobering to even staunch optimists."

Democratization and Islamic Law

Author : Johannes Harnischfeger
Publisher : Campus Verlag
ISBN 13 : 3593382563
Total Pages : 284 pages
Book Rating : 4.5/5 (933 download)

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Book Synopsis Democratization and Islamic Law by : Johannes Harnischfeger

Download or read book Democratization and Islamic Law written by Johannes Harnischfeger and published by Campus Verlag. This book was released on 2008 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: When democracy was introduced to Nigeria in 1999, one-third of its federal states declared that they would be governed by sharia, or Islamic law. This work argues that such a break with secular constitutional traditions in a multireligious country can have disastrous consequences

The Islamic State

Author : Taqī al-Dīn Nabhānī
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Islamic State by : Taqī al-Dīn Nabhānī

Download or read book The Islamic State written by Taqī al-Dīn Nabhānī and published by . This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

State Law as Islamic Law in Modern Egypt

Author : Clark Lombardi
Publisher : BRILL
ISBN 13 : 9047404726
Total Pages : 319 pages
Book Rating : 4.0/5 (474 download)

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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 and published by BRILL. This book was released on 2006-01-01 with total page 319 pages. 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.

Islamic Law

Author : Hunt Janin
Publisher : McFarland
ISBN 13 : 1476608814
Total Pages : 216 pages
Book Rating : 4.4/5 (766 download)

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Book Synopsis Islamic Law by : Hunt Janin

Download or read book Islamic Law written by Hunt Janin and published by McFarland. This book was released on 2015-01-09 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sharia is a set of traditional laws that define a Muslim's obligations to God and his fellow human beings. Westerners often misunderstand the nature of the sharia, born as it is of a complicated legal and academic tradition that may not always seem relevant to today's world. Written for those unfamiliar with Islam, this volume provides an accurate and objective assessment of the sharia's achievements, shortcomings and future prospects. It explores the fundamentals of Islam and traditional sharia laws. In addition, the sharia is discussed with respect to Ottoman law, puritanism and jihad. The sharia's relevance to today's world events is also explored. Among items provided in appendices are a commentary on a Western translation of the concept of jihad and an analysis of the sharia in 29 selected countries.

What is the Sharia?

Author : Baudouin Dupret
Publisher : Oxford University Press
ISBN 13 : 1787380912
Total Pages : pages
Book Rating : 4.7/5 (873 download)

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Book Synopsis What is the Sharia? by : Baudouin Dupret

Download or read book What is the Sharia? written by Baudouin Dupret and published by Oxford University Press. This book was released on 2018-05-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, "sharia" often calls to mind antiquated laws founded upon gender discrimination and barbaric punishments. In the East, for some it means the ideal standards by which Muslims strive to live; for others, it is the greatest obstacle to modernization of their societies. These clashing views sometimes lead to violence. Clarification of the term has therefore become an urgent necessity. Sharia is all of these things and much more. It is the legal system of Islam, a series of guidelines and prohibitions. But it is also a concept invested with a whole range of meanings, from the virtuous attributes of an "'ideal"' society, to the confinement of particular elements to otherness and adversity. Moving through history, society and Islamic thought to explore the sources of sharia law, Baudouin Dupret gets to the heart of its uses and abuses in the twentieth and twenty-first centuries. This short, accessible book provides an invaluable guide for those seeking to understand a matter more complex and pressing today than ever before.