Roberts, “Islam Under the Palestine Mandate”

In November, I.B. Tauris will release “Islam Under the Palestine Mandate: Colonialism and the Supreme Muslim Council,” by Nicholas Roberts (Sewanee-The University of the South).  The publisher’s description follows:

Concerns about the place of Islam in Palestinian politics are familiar to those studying the history of the modern Middle East. A vital part of this history is the rise of Islamicfr_logo.gif opposition to the British in Mandate Palestine during the 1920s and 30s. Colonial officials had wrestled with the question of how to rule over a Muslim-majority country and considered traditional Islamic institutions essential for maintaining order. Islam under the Palestine Mandate tells the story of the search for a viable Islamic institution in Palestine and the subsequent invention of the Supreme Muslim Council. As a body with political recognition, institutional autonomy and financial power, the council was intended to act as a counterweight to the growing popularity of nationalism among Palestinians. However, rather than diminishing the revolutionary capacity of the colonized, the council became one of the most significant of the opposition groups to British rule, especially under its highly controversial president, the Grand Mufti of Jerusalem, Hajj Amin al-Husayni. Making extensive use of primary sources from British and Israeli archives, this book offers an account of the establishment of the Supreme Muslim Council and the policing of Arab nationalist sympathizers.

Roberts argues against the view that the council’s creation was an act of appeasement towards Muslim opinion, showing how British actions were guided by techniques of imperial administration used elsewhere in the empire.

Franck: Religious Liberty–Cores and Peripheries, Courts and Legislatures

All this month, we are hosting an online symposium on Vincent Phillip Muñoz‘s new article, “Two Concepts of Religious Liberty.” In today’s post, Matthew J. Franck (Witherspoon Institute) responds to Muñoz. For other posts in this series, please click here. 

In his most recent work, Vincent Phillip Muñoz continues to make his mark as one of our most thoughtful and searching students of the American founding, of the constitutional principle of religious liberty, and of the meandering course of the Supreme Court’s jurisprudence on the free exercise of religion. In his latest articles in the American Political Science Law Review and the Notre Dame Law Review, and in his briefer essay for the Law and Religion Forum to kick off this symposium, he writes with his characteristic verve and clarity, as well as his usual familiarity with a wealth of relevant sources in the founding era.

I propose in this response to discuss Muñoz’s most significant contributions to our understanding of the constitutional law of religious freedom, and then to enumerate some more problematic features of his argument, along the way posing some questions. In some cases these questions will be real questions—that is, the kind to which I do not claim to have the answer, but to which I think Muñoz has not supplied one either. Attentive readers should be able to tell which those are.

The Good Stuff

Muñoz is right to remind us that, in the thought of the founding generation, religious freedom is a natural right, not merely a species of toleration granted or withheld at the government’s discretion. From the founders’ perspective, religious liberty is pre-political, grounded in our duty to God as we understand it, and taking precedence over the competing claims of the state, or even of the civil society that exists prior to the state and is responsible for creating it.

For multiple purposes, not just for understanding religious freedom, we do well to understand, as Muñoz does, that the founders’ social compact theory entailed two crucial but distinct steps in the creation of political authority. First is the formation of civil society itself, by the mutual and unanimous compact of natural persons with one another. Second is the establishment of government, by the choice of a majority of those persons in that society. What those individuals surrender, and what they retain—including those things not even in their power to surrender—will determine the boundaries of power that constrain a limited government.

Among the things identified by many of the founders—and implied in many of their public documents declaring rights, and establishing and limiting governments—as never surrendered, nor subject to being surrendered, is what Muñoz calls the individual’s “natural right to religious liberty.” It Read more

Syed, “Coercion and Responsibility in Islam”

In November, Oxford University Press will release “Coercion and Responsibility in Islam: A Study in Ethics and Law,” by Mairaj Syed (University of California, Davis). The publisher’s description follows:

In Coercion and Responsibility in Islam, Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues 9780198788775.jpegthat coercion raises about responsibility for one’s action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion’s effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the cases of rape and murder.

Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems.

Jalajel, “Women and Leadership in Islamic Law”

In November, Routledge will release “Women and Leadership in Islamic Law: A Critical Analysis of Classical Legal Texts,” by David Jalajel (King Saud University).  The publisher’s description follows:

Islamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community.

9781138123137.jpgWomen and Leadership in Islamic Law examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was a complex process, shaped by numerous cultural, historical, political and social factors, as well as scriptural sources whose importance cannot be dismissed. Therefore, the book critically examines a broad survey of legal works from the four canonical Sunni schools of law to determine the factors that influenced the development of the legal rulings prohibiting women from assuming various leadership roles. The passages that elaborate rulings about women’s leadership are presented in translation as an appendix to the research, and are then subjected to a variety of critical analyses to identify the reasons, influences, and assumptions underlying those rulings.

This is the first time works of all four schools of law have been subjected to this kind of analysis for the express purpose of determining the extent to which gender attitudes have influenced and determined the rulings. This book will therefore be a vital resource for students and scholars of Islamic Studies, Religious Studies and Gender Studies.

“Religious Liberty” (Robinson & Williams, eds.)

This month, Cambridge University Press releases “Religious Liberty: Essays on First Amendment Law,” edited by Daniel Robinson (University of Oxford) and Richard Williams (Brigham Young University).  The publisher’s description follows:

The principal aim of the establishment and free exercise clauses of the First Amendment was to preclude congressional imposition of a national church. A balance was sought between states’ rights and the rights of individuals to exercise their 9781107147607.jpgreligious conscience. While the founding fathers were debating such issues, the potential for serious conflict was confined chiefly to variations among the dominant Christian sects. Today, issues of marriage, child bearing, cultural diversity, and corporate personhood, among others, suffuse constitutional jurisprudence, raising difficult questions regarding the nature of beliefs that qualify as ‘religious’, and the reach of law into the realm in which those beliefs are held. The essays collected in this volume explore in a selective and instructive way the intellectual and philosophical roots of religious liberty and contemporary confrontations between this liberty and the authority of secular law.

Farquhar, “Circuits of Faith”

In November, the Stanford University Press will release “Circuits of Faith: Migration, Education, and the Wahhabi Mission,” by Michael Farquhar (King’s College London).  The publisher’s description follows:

The Islamic University of Medina was established by the Saudi state in 1961 to provide religious instruction primarily to foreign students. Students would come to Medina for religious education and were then expected to act as missionaries, promoting an pid_25998understanding of Islam in line with the core tenets of Wahhabism. By the early 2000s, more than 11,000 young men from across the globe had graduated from the Islamic University.

Circuits of Faith offers the first examination of the Islamic University and considers the efforts undertaken by Saudi actors and institutions to exert religious influence far beyond the kingdom’s borders. Michael Farquhar draws on Arabic sources, including biographical materials, memoirs, syllabi, and back issues of the Islamic University journal, as well as interviews with former staff and students, to explore the institution’s history and faculty, the content and style of instruction, and the trajectories and experiences of its students. Countering typical assumptions, Farquhar argues that the project undertaken through the Islamic University amounts to something more complex than just the one-way “export” of Wahhabism. Through transnational networks of students and faculty, this Saudi state-funded religious mission also relies upon, and has in turn been influenced by, far-reaching circulations of persons and ideas.

Call for Papers – The Religion & Law Review

The Religion & Law Review, a new journal for early scholars, has issued a call for papers, as well as a call for editors and peer reviewers.  The Review’s description follows:

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The Religion & Law Review (RLR) was born to aid early scholars. The RLR is an academic space where articles, book reviews, blog posts, and other content explore the intersection between religion and law in an approachable, international, and interdisciplinary format. In particular, the Review will consist of a triannual publication of submitted articles from early scholars accepted through a double-blind peer review process. Through a scholastic and faculty benefactor the RLR is able to offer prizes to the top two papers in our first publication. Upon the conferral of the Editorial Committee $100 will be awarded to the top paper and $50 for the runner-up. A Call for Papers will open on November 1st. See http://www.religion.legal to join our editorial and peer review team before October 2nd.

The RLR is also asking for scholars, professionals, and academics to answer a survey on religion & law. The survey submissions thus far have included guidance on research, the job market, new trends, role models of old, and more. The results will be synthesized into an article to introduce our first volume.

To apply for an editorial position, click here.

To submit an application for the Peer Review Committee, click here.

To submit a paper, click here.

“Saving the People” (Marzouki et al, eds.)

In November, Oxford University Press will release “Saving the People: How Populists Hijack Religion,” edited by Nadia Marzouki (Centre National de la Recherche Scientifique), Duncan McDonnell (Griffith University), and Olivier Roy (European University Institute). The publisher’s description follows:

Western democracies are experiencing a new wave of right-wing populism that seeks to 9780190639020mobilize religion for its own ends. With chapters on the United States, Britain, France, Italy, Austria, the Netherlands, Poland and Israel, Saving the People asks how populist movements have used religion for their own ends and how church leaders react to them. The authors contend that religion is more about belonging than belief for populists, with religious identities and traditions being deployed to define who can and cannot be part of ‘the people’. This in turn helps many populists to claim that native Christian communities are being threatened by a creeping and highly aggressive process of Islamization, with Muslims becoming a key ‘enemy of the people’. While Church elites generally condemn this instrumental use of religions, populists take little heed, presenting themselves as the true saviours of the people. The policy implications of this phenomenon are significant, which makes this book all the more timely and relevant to current debate.

Guirguis, “Copts and the Security State”

In November, Stanford University Press will release “Copts and the Security State: Violence, Coercion, and Sectarianism in Contemporary Egypt,” by Laure Guirguis (Orient-Institut, Max Weber Foundation).  The publisher’s description follows:

Copts and the Security State combines political, anthropological, and social history to
analyze the practices of the Egyptian state and the political acts of the Egyptian Coptic pid_26146minority. Laure Guirguis considers how the state, through its subjugation of Coptic citizens, reproduces a political order based on religious identity and difference. The leadership of the Coptic Church, in turn, has taken more political stances, thus foreclosing opportunities for secularization or common ground. In each instance, the underlying logics of authoritarianism and sectarianism articulate a fear of the Other, and, as Guirguis argues, are ultimately put to use to justify the expanding Egyptian security state.

In outlining the development of the security state, Guirguis focuses on state discourses and practices, with particular emphasis on the period of Hosni Mubarak’s rule, and shows the transformation of the Orthodox Coptic Church under the leadership of Pope Chenouda III. She also considers what could be done to counter the growing tensions and violence in Egypt. The 2011 Egyptian uprising constitutes the most radical recent attempt to subvert the predominant order. Still, the revolutionary discourses and practices have not yet brought forward a new system to counter the sectarian rhetoric, and the ongoing counter-revolution continues to repress political dissent.

Drakeman: The Free Exercise Clause, State Constitutions, and Natural Rights

All this month, we are hosting an online symposium on Vincent Phillip Muñoz‘s new article, “Two Concepts of Religious Liberty.” In today’s post, Donald Drakeman (Notre Dame) responds to Muñoz. For other posts in this series, please click here. 

Phillip Muñoz has again brought us back to the Framers in a way that makes us think about First Amendment questions in an important new light. This alone is extremely difficult to do in contemporary church-state scholarship. Better still, he has done so with such a clear and persuasive style, even in the in-depth APSR version, that it deserves to be carefully read and widely discussed.

Since the article has been so clearly summarized, I will move directly to focus on areas where I think Phillip’s arguments will be highly influential, and a couple of points where he might fruitfully expand this line of thinking.

Originalism

The Framers have been the religion clauses’ nearly constant companions ever since Everson, when Justices Black and Rutledge ushered in the modern church-state era with a focus on Madison and Jefferson. But the Framers are no longer in vogue for originalists. Over the last few decades, Justice Scalia inspired a generation of originalist scholars to maintain their focus on the founding era, but to shift constitutional debates away from the Framers themselves. Concerns about Supreme Court justices cherry-picking quotations from their favored Framers, as we can see in Everson, have largely banished the Framers from the search for original meaning. With dozens of members of the First Congress, and many more ratifiers, how can we pretend that they all had the same thing in mind?

For many “new originalists,” solving this problem requires us to concentrate not on what particular individuals may have thought about a constitutional topic, or on what specific Framers intended it to mean, but on the objective public meaning of the words − what the average, or perhaps well-informed, ratifier would have understood them to mean. Samuel Johnson and Noah Webster have thus taken the place of James Madison and Thomas Jefferson in the search for constitutional meaning.

Yet, looking up “prohibiting,” “free,” “exercise” and “religion” in either dictionary can only take us so far, especially in addressing difficult questions along the lines of whether the Constitution demands religious exemptions. On this point, Phillip’s paper is Read more