Mahmud, “Sharia or Shura: Contending Approaches to Muslim Politics in Nigeria and Senegal”

Next month, Lexington Books will publish 0739175645Sharia or Shura: Contending Approaches to Muslim Politics in Nigeria and Senegal by Sakah Saidu Mahmud (Kwara State University, Nigeria). The publisher’s description follows.

This book explores the differences in Muslim attitudes and approaches to the public square in sub-Saharan Africa via a comparative-historical analysis of Muslim politics in Northern Nigeria and Senegal since independence in 1960. While Northern Nigeria has been mired in intermittent religious conflicts and violence, Senegal has maintained peaceful and tolerant relationships in inter-faith and public affairs. Yet, the two Muslim societies had similar Islamic backgrounds in Sufi orders —Qadiriya and Tijaniya in Northern Nigeria; and Tijaniya, Muridiya, Qadiriya and Lahiniya in Senegal — known for their peaceful approach to public affairs. Furthermore, the two Muslim societies belong to the “black African Islamic cultural zone.” These common traits would suggest similar approaches to public affairs, but this has not been the case.

The salient factors which are analyzed in the book include the historical factors (the success or failure to establish an Islamic state and the impact of different colonial administrations and ideologies), the extent of homogeneity of the social structure in each country, and strength of the contemporary state in both countries. The combination of these factors illustrates the experiences of the Muslims which further determine their divergent approaches to the public square.

Guinness, “The Global Public Square”

This September, InterVarsity Press will publish The Global Public Square, by Os Guinness. The publisher’s description follows.

How do we live with our deepest differences?The Global Public Square

In a world torn by religious conflict, the threats to human dignity are terrifyingly real. Some societies face harsh government repression and brutal sectarian violence, while others are divided by bitter conflicts over religion’s place in public life. Is there any hope for living together peacefully?

Os Guinness argues that the way forward for the world lies in promoting freedom of religion and belief for people of all faiths and none. He sets out a vision of a civil and cosmopolitan global public square, and how it can be established by championing the freedom of the soul—the inviolable freedom of thought, conscience and religion. In particular he calls for leadership that has the courage to act on behalf of the common good.

Far from utopian, this constructive vision charts a course for the future of the world. Soul freedom is not only a shining ideal but a dire necessity and an eminently practical solution to the predicaments of our time. We can indeed maximize freedom and justice and learn to negotiate deep differences in public life. For a world desperate for hope at a critical juncture of human history, here is a way forward, for the good of all.

Hassan, “Fiqh al-Aqalliyyat: History, Development, and Progress”

This September, Palgrave Macmillan will publish Fiqh al-Aqalliyyat: History, Development, and Progress by Georgetown University’s Said Fares Hassan. The book is part of a series on Islamic Theology, Law, and History. The publisher’s description follows.

How can Muslims strike a balance between religious commitments and their civic identity as citizens in Western liberal states? Hassan examines the development of a contemporary internal Muslim debate on the production of a new form of Islamic jurisprudence, Fiqh al-Aqalliyyat, or the jurisprudence of Muslim minorities. Three key trends are identified in this debate: the puritan literalist trend, the traditionalist trend and the renewal trend. The literalists argue that Muslim minorities should disassociate themselves from non-Muslims and confine their loyalty to their fellow Muslims. The traditionalists maintain that Muslim minorities can live in non-Muslim lands but via exceptional rules and conditional fatwas. The renewal trend asserts the need for a new category of jurisprudence with a new methodological framework that normalizes and empowers Muslim minority life in non-Muslim society. The study delineates these trends in detail and investigates their background, development and current conditions with special focus on the renewal trend and the discourse of Fiqh al-Aqalliyyat.

On the Claim that Separation Strengthens Religion

George Will has a long essay in National Affairs on religion and the American SeparationRepublic. It’s interesting in parts: as a self-professed “None,” Will reflects on the importance (but also the non-necessity) of religion as a support for American public and political life. Here’s a fragment:

[E]ven the founders who were unbelievers considered it a civic duty — a public service — to be observant unbelievers. For example, two days after Jefferson wrote his famous letter endorsing a “wall of separation” between church and state, he attended, as he and other government officials often would, church services held in the chamber of the House of Representatives. Services were also held in the Treasury building.

Jefferson and other founders made statesmanlike accommodation of the public’s strong preference, which then as now was for religion to enjoy ample space in the public square. They understood that Christianity, particularly in its post-Reformation ferments, fostered attitudes and aptitudes associated with, and useful to, popular government. Protestantism’s emphasis on the individual’s direct, unmediated relationship with God and the primacy of individual conscience and choice subverted conventions of hierarchical societies in which deference was expected from the many toward the few.

Beyond that, however, the American founding owed much more to John Locke than to Jesus. The founders created a distinctly modern regime, one respectful of pre-existing rights — rights that exist before government and so are natural in that they are not creations of the regime that exists to secure them. In 1786, the year before the Constitutional Convention, in the preamble to the Virginia Statute for Religious Freedom, Jefferson proclaimed: “[O]ur civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry.”

In fact, religion is central to the American polity precisely because religion is not central to American politics. That is, religion plays a large role in nurturing the virtue that republican government presupposes because of the modernity of America. Our nation assigns to politics and public policy the secondary and subsidiary role of encouraging, or at least not stunting, the flourishing of the infrastructure of institutions that have the primary responsibility for nurturing the sociology of virtue. American religion therefore coexists comfortably with, but is not itself a component of, American government.

Religion’s independence of politics has been part of its strength. There is a fascinating paradox at work in our nation’s history: America, the first and most relentlessly modern nation, is — to the consternation of social scientists — also the most religious modern nation. One important reason for this is that we have disentangled religion from public institutions.

One hears this kind of “fascinating paradox” claim frequently, but what’s much more fascinating is that one hears it from both conservative and progressive quarters. For conservatives it reinforces the myth of special American religious vigor that Americans like to tell themselves is a vital source of their collective civic health. For progressives it represents a distinctively American and putatively “pro-religion” argument for keeping religion as far away from politics as possible. American exceptionalism may be out of favor in elite circles, but this particular strain of it dies hard.

The claim is that religion is so vibrant in America only because (or uniquely because) it is so pure, so separate from public institutions. It’s an argument that Madison made famous in his “Memorial and Remonstrance” and that Justice Souter has made in his religion clause jurisprudence (see his dissent in Zelman v. Simmons-Harris) and that now George Will makes. It reflects a distinctively evangelical ethic that one sees in full blossom in the writing of Roger Williams (as well as, before him, John Milton), for whom religion could never quite be pure enough–an ethic that hyper-emphasizes the unvarnished, utterly and uncomplicatedly sincere credos of what William James much later would call the gloomily intense “twice-born.”

Notice also the individualistic current on which the claim rides. It isn’t just that the state is “likely to get it wrong”; that is an argument for disestablishment (although one not available to secularists, since “it” is completely “wrong”). The deeper undercurrent of the separationist claim is that individuals, not entities, are the ones “likely to get it right”–that true-blue, healthfully zesty religiosity depends on a kind of inward exercise of discernment borne from fervent conviction that is always in peril of depurification by associational adulteration. It is a claim made primarily by those whose experience of “bad” religion was group religion– and traditional group religion at that. And the claim retains at least part of its power because of its still vital anti-clerical, anti-institutional foundations. (On Roger Williams’s views on this score, see Philip Hamburger’s extended discussion; the claim’s full-throated adoption by secular philosophers like Martha Nussbaum has seemed anachronistic to me, but it makes far more sense viewed from the perspective of an autonomous spiritual “seeker” peering through an anti-institutional lens. Andrew Koppelman has a long piece attempting to update it for modern times). Many have made the claim; surely many will continue to do so.

But is the claim true? In part, perhaps, but only with substantial qualifications of a kind that make it problematic. There is nothing inevitable (or “logical,” as George Will might put it) about religious strength that follows ineluctably from its complete separation from government. There is no iron law that says: the more we separate religion from government, the stronger religion must become. Such a claim would run headlong into many counterexamples, contemporary and ancient. The ancient examples make the claim appear patently absurd. One wants to ask: “Do you actually mean to tell me that no society which has not observed strict separation between church and state has had a flourishing religious life? So there was no flourishing religious life in any of countless pre-modern societies that existed before Milton or Locke or Roger Williams or whoever got busy?” And to take only one modern case, religion and the state have been strictly separated for some time in laic France and in other extremely secular European countries, and the strength of religious life in those countries is by all accounts much weaker than it was in prior historical periods when there was greater proximity and interpenetration of church and state.

I suppose one might argue that religious weakness in a country like France is the result of the long, noxious association of church and state that preceded separation, and that we just need some more time before a newly flourishing religiosity emerges. That seems highly dubious. Church and state have been separated in France for over a century (since 1905). How much longer is it supposed to take for this delicate flower to bloom in the desert? In fact, it seems much more likely that strict separation of church and state has either contributed to the weakening of religious life in a country like France or (even more plausibly) that it has occurred at a time when religiosity was weakening for reasons of its own–reasons unrelated to, or at least independent of, strict separationism.

If some notion of separation did in fact at one time contribute to a stronger collective religious life in the United States, the reason had little to do with any necessary connection in this respect, and more to do with the unique historical and cultural circumstances of the United States–circumstances in which the Puritan evangelicalism represented by Roger Williams’s particular style of fire-and-brimstone, garden-and-the-wilderness religiosity was much more powerful in the United States than it is today. Church-state separation may be a strategy that makes religion seem stronger, provided that one is beginning from the evangelical paradigm of the twice-born soul. But it is a different matter if religion is commonly perceived in wildly different terms and expected to perform entirely different functions.

At any rate, the action of separation on religion’s strength in America was situational and circumstantial; it was hardly causal or inevitable; and it is hardly inevitable that a policy of more stringent separationism at this juncture in the country’s history and cultural circumstances will result in a more vibrant religious life. Countries with other backgrounds and other histories who look to the United States as a model in this respect may well be misled. The pre-existing evangelical bulwark made church-state separation look like a real shot in the arm for religion, not the other way round.

It is a distinctively lawyerly foible to believe that the weakening or strengthening of broad and entrenched cultural phenomena is caused, or even substantially affected, by a government policy or a court-imposed legal rule. This is not to say that legal policies do not have social effects; of course they do. But the degree of influence often is neither unidirectional nor especially significant. There are signs that traditional forms of religiosity are weakening in the United States: the rise of the “Nones” of which George Will counts himself a member is only one such sign. The gathering strength of the Nones is occurring when religion is as a general matter more “disentangled from public institutions” than at any point in the country’s history. Perhaps the Nones and other religio-cultural movements augur new forms of religiosity in America, forms that will eventually supplant the traditional varieties of religious experience. On these matters, see several posts by my colleague Mark, who is studying this issue. But however these changes may go, government policies relating to church and state are likely to have nothing more than an unpredictable and largely incidental effect on these developments.

Kent Greenfield on Same-Sex Marriage and the Slippery Slope

A post on the American Prospect site by Boston College law professor Kent Greenfield is getting a lot of attention, especially from opponents of same-sex marriage, like Princeton’s Robert George, who believe the Left has been unfairly maligning them as scaremongers for years. Greenfield, who supports same-sex marriage, thinks it’s time to confess something: Conservatives who argued that recognizing same-sex marriage logically implied the recognition of incestuous and polygamous marriages were right all along:

You know those opponents of marriage equality who said government approval of same-sex marriage might erode bans on polygamous and incestuous marriages? They’re right. As a matter of constitutional rationale, there is indeed a slippery slope between recognizing same-sex marriages and allowing marriages among more than two people and between consenting adults who are related. If we don’t want to go there, we need to come up with distinctions that we have not yet articulated well.

Greenfield attempts to come up with distinctions–moral opprobrium, child welfare, coercion, the immutability of sexual orientation, lack of representation in the political process–but concludes that none of them really works. Here’s his final paragraph:

If these distinctions do not hold water, we have two options. We can continue to search for differences that make sense as a matter of constitutional principle. Or we can fess up. We can admit our arguments in favor of marriage equality inexorably lead us to a broader battle in favor of allowing people to define their marriages, and their families, by their own lights.

A signal of marriage wars yet to come.

Shapiro, “Trying Biology: The Scopes Trial, Textbooks, and the Antievolution Movement in American Schools”

This past May, the University of Chicago Press published Trying Biology: The Scopes Trial, Textbooks, and the Antievolution Movement in American Schools, written Printby Adam R. Shapiro (Birbeck-University of London).  The publisher’s description follows.

In Trying Biology, Adam R. Shapiro convincingly dispels many conventional assumptions about the 1925 Scopes “monkey” trial.  Most view it as an event driven primarily by a conflict between science and religion.  Countering this, Shapiro shows the importance of timing: the Scopes trial occurred at a crucial moment in the history of biology textbook publishing, education reform in Tennessee, and progressive school reform across the country.  He places the trial in this broad context- alongside American Protestant antievolution sentiment- and in doing so sheds new light on the trial and the historical relationship of science and religion in America.

For the first time we see how religious objections to evolution became a prevailing concern to the American textbook industry even before the Scopes trial began.  Shapiro explores both the development of biology textbooks leading up to the trial and the ways in which the textbook industry created new books and presented them as “responses” to the trial.  Today, the controversy continues over textbook warning labels, making Shapiro’s study- particularly as it is plays out in one of America’s most famous trials- an original contribution to a timely discussion.

Wilson, “The Street Politics of Abortion: Speech, Violence, and America’s Culture Wars”

This August, Stanford University Press will publish The Street Politics of Abortion: Speech, Violence, and America’s Culture Wars, written by Joshua C. the street politics of abortionWilson (University of Denver).  The publisher’s description follows.

The U.S. Supreme Court decision in Roe v. Wade stands as a historic victory for abortion-rights activists. But rather than serving as the coda to what had been a comparatively low-profile social conflict, the decision mobilized a wave of anti-abortion protests and ignited a heated struggle that continues to this day.  Picking up the story in the contentious decades that followed Roe, The Street Politics of Abortion is the first book to consider the rise and fall of clinic-front protests through the 1980s and 1990s, the most visible and contentious period in U.S. reproductive politics. Joshua Wilson considers how street level protests lead to three seminal Court decisions—Planned Parenthood v. Williams, Schenck v. Pro-Choice Network of Western N.Y., and Hill v. Colorado. The eventual demise of street protests via these cases taught anti-abortion activists the value of incremental institutional strategies that could produce concrete policy gains without drawing the public’s attention. Activists on both sides ultimately moved—often literally—from the streets to fight in state legislative halls and courtrooms.

At its core, the story of clinic-front protests is the story of the Christian Right’s mercurial assent as a force in American politics. As the conflict moved from the street, to the courts, and eventually to legislative halls, the competing sides came to rely on a network of lawyers and professionals to champion their causes. New Christian Right institutions—including Pat Robertson’s American Center for Law and Justice and the Regent University Law School, and Jerry Falwell’s Liberty University School of Law—trained elite activists for their “front line” battles in government. Wilson demonstrates how the abortion-rights movement, despite its initial success with Roe, has since faced continuous challenges and difficulties, while the anti-abortion movement continues to gain strength in spite of its losses.

Holt et al., “Women, Islam, and Resistance in the Arab World”

This September, Lynne Rienner Publishers will publish Women, Islam, and Resistance in the Arab World by Maria Holt (U. of Westminster) and Haifaa Jawad (U. of Birmingham). The publisher’s description follows.

How are women in the Arab world negotiating the male-dominated character of Islamist movements? Is their participation in the Islamic political project—including violent resistance against foreign invasion and occupation—the result of coercion, or of choice? Questioning assumptions about female powerlessness in Muslim societies, Maria Holt and Haifaa Jawad explore the resistance struggles taking place in Lebanon, Iraq, Palestine, and elsewhere in the Middle East from the perspectives of the women involved.

The authors make extensive use of vivid personal testimonies as they examine the influence of such factors as religion, patriarchy, and traditional practices in determining women’s modes of participation in conflicts. In the process, they add to our knowledge not only of how women are affected by political violence, but also of how their involvement is beginning to change the rules that govern their societies.

The Top Five New Law & Religion Papers on SSRN

From SSRN’s list of most frequently downloaded law and religion papers posted in the last 60 days, here are the current top five.  For the first time, a single author, Thomas Berg (University of St. Thomas) has two pieces on the list. Since last week, Alvare has replaced Balkin at #1, Perry has moved up to #2, Newman has become #3, Berg has replaced Lombardi at #4, and Berg has replaced Lombardi and Brown at #5.

1. No Compelling Interest: The ‘Birth Control’ Mandate and Religious Freedom by Helen M. Alvare (George Mason U., School of Law) [197 downloads]

2. The Morality of Human Rights by Michael J. Perry (Emory U., School of Law) [163 downloads]

3. On the Trinity Western University Controversy: An Argument for a Christian Law School in Canada by Dwight G. Newman (U. of Saskatchewan, College of Law) [123 downloads]

4. Secular Purpose, Accommodations, and Why Religion is Special (Enough) by Thomas C. Berg (U. of St. Thomas, St. Paul, School of Law) [83 downloads]

5. Progressive Arguments for Religious Organizational Freedom: Reflections on the HHS Mandate by Thomas C. Berg (U. of St. Thomas, St. Paul, School of Law) [77 downloads]

Grafton et al., eds., “Christian-Muslim Relations in the Lutheran and Anglican Communions”

UntitledThis August, Palgrave Macmillan will publish Christian-Muslim Relations in the Lutheran and Anglican Communions edited by David D. Grafton (Lutheran Theological Seminary at Philadelphia), Joseph Duggan and Jason Craige Harris. The publisher’s description follows.

In a time in which Islamophobia has become common, and many public discussions have focused upon either terrorist activities of Muslims or the implementation of shar’īa in the United States, little attention has been given to actual inter-faith engagement and practice among Christian and Muslim communities. Anglicans and Lutherans have a long history, and a wide variety of experiences from which to draw and reflect in responding to both simplistic interpretations of Islam and vitriolic rhetoric against Muslims. This work seeks to provide vignettes of Muslim-Christian engagement within the Anglican and Lutheran experiences from around the world. This work does not look to reduce Christian-Muslim relationships to a least common denominator of religious pluralism or civic religion. Rather, it provides thoughtful Anglican and Lutheran responses to these relationships from a variety of perspectives and contexts, and lays the groundwork for ongoing thoughtful, faithful, sensitive, and sincere engagement between Christians and Muslims.