Akhtar, “The Khōjā of Tanzania: Discontinuities of a Postcolonial Religious Identity”

In December, Brill Publishing released “The Khōjā of Tanzania: Discontinuities of a Postcolonial Religious Identity” by Iqbal Akhtar (Florida International University). The publisher’s description follows:

The Khōjā of Tanzania, Discontinuities of a Postcolonial Religious Identity attempts to reconstruct the development of Khōjā religious identity from their arrival to the Swahili coast in the late 18th century until the turn of the 21st century. This multidisciplinary study incorporates Gujarati, Kacchī, Swahili, and Arabic sources to examine the formation of an Afro-Asian Islamic identity (jamatī) from their initial Indic caste identity (jñāti) towards an emergent Near Eastern imaged Islamic nation (ummatī) through four disciplinary approaches: historiography, politics, linguistics, and ethnology. Over the past two centuries, rapid transitions and discontinuities have produced the profound tensions which have resulted from the willful amnesia of their pre-Islamic Indic civilizational past for an ideological and politicized ‘Islamic’ present. This study aims to document, theorize, and engage this theological transformation of modern Khōjā religious identities as expressed through dimensions of power, language, space, and the body.

Call for Papers: Law and Religion Scholars Network (LARSN) Annual Conference 2016

The 2016 LARSN Conference will be held on Thursday 5th and Friday 6th May 2016 at the School of Law and Politics at Cardiff University and will be organized by Dr. Russell Sandberg and Caroline Roberts.Screen Shot 2016-01-25 at 12.03.16 PM

Papers are invited from both academics and postgraduate research students on any aspect of Law and Religion. Papers will be 20 minutes in length with 5 minutes for questions. There is no requirement to provide a written copy of your paper before or at the conference. The conference organizers are able to accommodate the use of PowerPoint but no other presentational tools.

To submit a paper for consideration, please complete the abstract submission form providing an abstract of up to 200 words to Dr. Russell Sandberg (SandbergR@cf.ac.uk) by Monday 29th February 2016. The form is attached and is also available on the website of Cardiff’s Centre for Law and Religion: http://www.law.cf.ac.uk/clr/

Magna Carta’s Votaries, Skeptics, and Traditionalists

I have this new post on the subject of law and tradition at the Library of Law and Liberty, the fourth in my Tradition ProjectTP Banner series. In it I discuss a recent essay by Professor Martin Krygier, whose reflections on law and tradition I have noted in several previous posts here. A bit from the post:

Lawyers speak and think within a particular idiom, and that idiom is transmitted across long periods of time. What is called “thinking like a lawyer” is in reality learning the idiom of law within a particular legal tradition. As Krygier argues that idiom is specially—perhaps uniquely—dependent upon the past:

Law is one of the most self-consciously traditional of practices, and lawyers have a distinctive preoccupation with the legal pasts. They are always mining the past for authorities they can deploy in the present; that is something engineers, for example, don’t do in the same way – their tradition has a thinner presently active past than does law—and it is characteristic of the profession. They are not expected to recommend a result simply because it would be a great idea, they recommend it because they claim it flows from the existing law, some of it—particularly in the common law—very long-existing law. That law has authority, and it also contains ideas, arguments, resources for thought. Lawyers are expected to take the legal past seriously.

All of this relates directly to the meaning of Magna Carta. That meaning is both changing and profoundly connected to the past. One of the most common mistakes about traditionalism in law (and elsewhere) is the view that it is static. But a language, or an idiom, is not static. As Alistair MacIntyre has put it, “A living tradition then is an historically extended, socially embodied argument, and an argument precisely in part about the goods which constitute that tradition. Within a tradition the pursuit of goods extends through generations, sometimes through many generations.”

The traditionalist view of Magna Carta, in Krygier’s view, can accommodate both these features of historical continuity and change in a way that neither the votary nor the skeptic can. In this way, the traditionalist view is particularly well suited to law which, unlike history, is not principally interested in establishing what happened so much as drawing “on the present-past of law to deal with present legal problems.”

“Brunei” (ed. Gin)

In December, Routledge released “Brunei – History, Islam, Society and Contemporary Issues,” edited by Ooi Keat Gin (Universiti Sains Malaysia).  The publisher’s description follows:

Brunei, although a relatively small state, is disproportionately important on account of its rich resource base. In addition, in recent years the country has 9781138787650endeavoured to play a greater role in regional affairs, especially through ASEAN, holding the chair of the organisation in 2013, and also beyond the region, fostering diplomatic, political, economic and educational ties with many nations. This book presents much new research and new thinking on a wide range of issues concerning Brunei largely drawn from Bruneian academics. Subjects covered include Brunei’s rich history – the sultanate formerly had much more extensive territories and was a key player in regional affairs; the country’s economy, politics, society and ethnicities; and resource issues and international relations.

Around the Web This Week

Some interesting law and religion news stories from around the web this week:

Reynolds, “How Marriage Became One of the Sacraments”

In February, Cambridge University Press will release “How Marriage Became One of the Sacraments: The Sacramental Theology of Marriage from its Medieval Origins to the Council of Trent” by Philiip Reynolds (Emory University). The publisher’s description follows:

Among the contributions of the medieval church to western culture was the idea that marriage was one of the seven sacraments, which defined the role of married folk in the church. Although it had ancient roots, this new way of regarding marriage raised many problems, to which scholastic theologians applied all their ingenuity. By the late Middle Ages, the doctrine was fully established in Christian thought and practice but not yet as dogma. In the sixteenth century, with the entire Catholic teaching on marriage and celibacy and its associated law and jurisdiction under attack by the Protestant reformers, the Council of Trent defined the doctrine as a dogma of faith for the first time but made major changes to it. Rather than focusing on a particular aspect of intellectual and institutional developments, this book examines them in depth and in detail from their ancient precedents to the Council of Trent

Sayan-Cengiz, “Beyond Headscarf Culture in Turkey’s Retail Sector”

This month, Palgrave Macmillan is releasing “Beyond Headscarf Culture in Turkey’s Retail Sector” by Feyda Sayan-Cengiz (Istanbul Bilgi University). The publisher’s description follows:

The headscarf issue draws a great deal of public and academic attention in Turkey, yet the debate largely unfolds within the contours of the discussions over modernization, Westernization, and the Islamic / secular divide. Rarely is there a discussion about how the connotations of the headscarf shift across cleavages of class and status among women wearing it. Instead, the headscarf is typically portrayed as a symbol of Islamic identity, a ‘cover’ that brackets social inequalities other than those based on a supposed ‘clash of identities.’ This study looks beyond these contours by contextualizing the headscarf discussion in an insecure and low-status private sector labor market – namely, retail sales. Based on in-depth interviews, focus groups with lower-middle-class saleswomen with headscarves, and ethnographic study in five cities of Turkey, this book argues that the meanings of the headscarf are continuously negotiated within the quest for social and economic security.

Zahalka, “Shari’a in the Modern Era: Muslim Minorities Jurisprudence”

This month, Cambridge University Press will release “Shari’a in the Modern Era: Muslim Minorities Jurisprudence” by Iyad Zahalka (Chief Judge, Shari’a Court, Jerusalem). The publisher’s description follows:

Written by the Qadi (judge) of the Shari’a Court of Jerusalem and former director of the Shari’a Court system in Israel, this book offers a unique perspective on the religious law of Muslim minorities living in the West. Specifically, it explores the fiqh al-aqalliyyāt doctrine of religious jurisprudence developed by modern Islamic jurists to resolve the challenges of maintaining cultural and religious identity in majority non-Muslim societies. The author examines possible applications across numerous cultural and geographical contexts, answering such questions as: what are the rules for assuming political and public roles, and should one deposit money that incurs interest? Building on a growing scholarship, this book aims to resolve points of view and facets of religious law that have been neglected by previous studies. Accessibly written, Shari’a in the Modern Era is designed to promote cross-cultural understanding among readers of all faiths.

 

Bowen, “On British Islam”

In March, the Princeton University Press will release “On British Islam: Religion, Law, and Everyday Practice in Shari’a Councils,” by John R. Bowen (Washington University in St. Louis).  The publisher’s description follows:

On British Islam examines the history and everyday workings of Islamic institutions in Britain, with a focus on shari’a councils. These councils185px-princeton_university_press_logo-svg
concern themselves with religious matters, especially divorce. They have a higher profile in Britain than in other Western nations. Why? Taking a historical and ethnographic look at British Islam, John Bowen examines how Muslims have created distinctive religious institutions in Britain and how shari’a councils interpret and apply Islamic law in a secular British context.

Bowen focuses on three specific shari’a councils: the oldest and most developed, in London; a Midlands community led by a Sufi saint and barrister; and a Birmingham-based council in which women play a leading role. Bowen shows that each of these councils represents a prolonged, unique experiment in meeting Muslims’ needs in a Western country. He also discusses how the councils have become a flash point in British public debates even as they adapt to the English legal environment.

On British Islam highlights British Muslims’ efforts to create institutions that make sense in both Islamic and British terms. This balancing act is rarely acknowledged in Britain—or elsewhere—but it is urgent that we understand it if we are to build new ways of living together.