Baldwin, “Islamic Law and Empire in Ottoman Cairo”

In December, Edinburgh University Press will release Islamic Law and Empire in Ottoman Cairo by James E. Baldwin (University of London). The publisher’s description follows:

islamic-law-and-empire-in-ottoman-cairoWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists’ law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law – religious scholarship and royal justice – undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shari‘a and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.

Meshugas About Chickens

That’s the title of this post I have over at the Liberty Law blog, discussing a recent controversy in California related to Yom Kippur. A bit:

As a society becomes more secular, what happens to religious rituals, customs, and ways of life that cannot be explained or justified in secular terms? When the freedom to engage in such practices is no longer presumed to be a good because of a firm commitment to religion as a social value, little stands in the way of its becoming just one more special interest. Religious freedom is then thrown into the bin of social oddities, to be haggled over and negotiated against whatever other idiosyncratic predilections one happens to find in there.

Witness the case of United Poultry Concerns v. Chabad of Irvine. The plaintiff is a California organization devoted to “promoting the respectful and compassionate treatment of domestic fowl” that leads protests, for example, against the use of eggs in the White House Easter-Egg Roll. Indeed, UPC seems to observe a fairly regular schedule of outrage, no doubt because many holidays, religious and otherwise, tend to involve an adversarial relationship with poultry. (With Thanksgiving on the horizon, the group’s web site is showcasing a book called More Than a Meal: The Turkey in History, Myth, Ritual, and Reality.)

Over the last two weeks, UPC has been involved in a legal effort to stop a Jewish practice called kaparot that is performed on the day before Yom Kippur. Only a small number of Jews in the United States perform this ceremony, and it involves a trained rabbi swinging a chicken in the air and then slaughtering the animal. (“Kaparot” means atonement.)

The tireless Josh Blackman, who has been involved with the case, has a very complete description of the proceedings. The long and short of it is that a federal District Court judge issued a temporary restraining order against the practice earlier this month, citing a California state animal-cruelty provision, though the judge would have been well advised to consider both the federal Humane Slaughter Act and the Supreme Court’s decision in Church of the Lukumi Babalu Aye v. City of Hialeah (1993) before acting. The judge ordered pre-trial conferences, briefs, and hearings to be conducted and filed immediately thereafter, right smack dab during the most important week in the Jewish calendar.

Perhaps most telling of all was that the hearing on the temporary restraining order was scheduled for October 13, the day after Yom Kippur, which Professor Blackman amusingly analogizes to scheduling a hearing for December 26 on an order to prohibit a ceremony performed on Christmas day. The judge eventually lifted the order just hours before sundown on October 12, rendering it impossible as a practical matter for the synagogue’s members to perform the ceremony.

Indeed, as Professor Blackman notes, the timing of the legal proceeding was obviously calculated by the plaintiffs to cause as much disruption and distress as it possibly could (the lawsuit could have been filed really at any other time), respectful treatment of chickens being one thing and respectful treatment of religious believers quite another. The judge seems to have been either utterly unaware of these issues or utterly uninterested in them.

Aasmundsen, “Pentecostals, Politics, and Religious Equality in Argentina”

In November, Brill Publishers will release Pentecostals, Politics, and Religious Equality in Argentina by Hans Geir Aasmundsen (University of Sødertørn). The publisher’s description follows:

pentecostals-politicsIn Argentina, Pentecostalism had a breakthrough in the early 1980s, and today more than 10 per cent of the population are Pentecostals. The revival coincided with a socio-political transformation of Argentinean society. After half a century of dictatorships and Perónism, democracy was restored, and structural changes paved the way for an autonomisation of the political, economic, scientific and religious spheres. The “new” form of society that developed resembles what in this study is called a Western model, which to a large degree has been, and still is, spread on a global scale. In this book, Aasmundsen examines the religious sphere and how Pentecostals relate to society at large, and the political and judicial spheres in particular.

Dodson, “Amarna Sunrise”

In December, Oxford University Press will release Amarna Sunrise: Egypt from Golden Age to Age of Heresy by Aidan Dodson (University of Bristol). The publisher’s description follows:

amarna-sunriseThe latter part of the fifteenth century BC saw Egypt’s political power reach its zenith, with an empire that stretched from beyond the Euphrates in the north to much of what is now Sudan in the south. The wealth that flowed into Egypt allowed its kings to commission some of the most stupendous temples of all time, some of the greatest dedicated to Amun-Re, King of the Gods. Yet a century later these temples lay derelict, the god’s images, names, and titles all erased in an orgy of iconoclasm by Akhenaten, the devotee of a single sun-god. This book traces the history of Egypt from the death of the great warrior-king Thutmose III to the high point of Akhenaten’s reign, when the known world brought gifts to his newly-built capital city of Amarna, in particular looking at the way in which the cult of the sun became increasingly important to even ‘orthodox’ kings, culminating in the transformation of Akhenaten’s father, Amenhotep III, into a solar deity in his own right.

Salaymeh, “The Beginnings of Islamic Law”

In December, Cambridge University Press will release The Beginnings of Islamic Law: Late Antique Islamicate Legal Traditions by Lena Salaymeh (Tel Aviv University). The publisher’s description follows:

beginnings-of-islamic-lawThe Beginnings of Islamic Law is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed ‘Near Eastern’ legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book’s interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

Wu, “Mandarins and Heretics”

In December, Brill Publishers will release Mandarins and Heretics: The Construction of “Heresy” in Chinese State Discourse by Wu Junqing (University of London). The publisher’s description follows:

mandarins-and-hereticsIn Mandarins and Heretics, Wu Junqing explores the denunciation and persecution of lay religious groups in late imperial (14th to 20th century) China. These groups varied greatly in their organisation and teaching, yet in official state records they are routinely portrayed as belonging to the same esoteric tradition, stigmatised under generic labels such as “White Lotus” and “evil teaching”, and accused of black magic, sedition and messianic agitation.

Wu Junqing convincingly demonstrates that this “heresy construct” was not a reflection of historical reality but a product of the Chinese historiographical tradition, with its uncritical reliance on official sources. The imperial heresy construct remains influential in modern China, where it contributes to shaping policy towards unlicensed religious groups.

Louis, “My Soul is in Haiti”

In December, New York University Press will release My Soul is in Haiti: Protestantism in the Haitian Diaspora of the Bahamas by Bertin M. Louis, Jr. (University of Tennessee). The publisher’s description follows:

my-soul-is-in-haitiIn the Haitian diaspora, as in Haiti itself, the majority of Haitians have long practiced Catholicism or Vodou. However, Protestant forms of Christianity now flourish both in Haiti and beyond. In the Bahamas, where approximately one in five people are now Haitian-born or Haitian-descended, Protestantism has become the majority religion for immigrant Haitians.
In My Soul Is in Haiti, Bertin M. Louis, Jr. has combined multi-sited ethnographic research in the United States, Haiti, and the Bahamas with a transnational framework to analyze why Protestantism has appealed to the Haitian diaspora community in the Bahamas. The volume illustrates how devout Haitian Protestant migrants use their religious identities to ground themselves in a place that is hostile to them as migrants, and it also uncovers how their religious faith ties in to their belief in the need to “save” their homeland, as they re-imagine Haiti politically and morally as a Protestant Christian nation.
This important look at transnational migration between second and third world countries shows how notions of nationalism among Haitian migrants in the Bahamas are filtered through their religious beliefs. By studying local transformations in the Haitian diaspora of the Bahamas, Louis offers a greater understanding of the spread of Protestant Christianity, both regionally and globally.

“Early Modern English Catholicism” (Kelly & Royal, eds.)

In December, Brill Publishers will release Early Modern English Catholicism: Identity, Memory, and Counter-Reformation edited by James E. Kelly (King’s College) and Susan Royal (Durham University). The publisher’s description follows:

early-modern-english-catholicismEarly Modern English Catholicism: Identity, Memory and Counter-Reformation brings together leading scholars in the field to explore the interlocking relationship between the key themes of identity, memory and Counter-Reformation and to assess the way the three themes shaped English Catholicism in the early modern period. The collection takes a long-term view of the historical development of English Catholicism and encompasses the English Catholic diaspora to demonstrate the important advances that have been made in the study of English Catholicism c.1570–1800.

The interdisciplinary collection brings together scholars from history, literary, and art history backgrounds. Consisting of eleven essays and an afterword by the late John Bossy, the book underlines the significance of early modern English Catholicism as a contributor to national and European Counter-Reformation culture.

Symposium: “Religious Freedom and the Common Good” (Washington D.C., Nov. 15)

On November 15, Georgetown University’s Berkley Center for Religion, Peace & World Affairs is hosting a symposium titled “Religious Freedom and the Common Good: A Capstone Symposium of the Religious Freedom Project.” The keynote address of the symposium will be delivered by United States Senator Ben Sasse. A brief description of the event follows:

Religious Freedom and the Common Good.jpgAs the culminating symposium of the Religious Freedom Project’s three-year grant from the John Templeton Foundation, this conference will explore the wide-ranging political, economic, and social dimensions of religious freedom and their enduring impact on the global common good. The RFP’s 13 associate scholars and other experts from across the academy will address a range of key questions about the broader implications of religious freedom.

Our symposium will explore the following: To what extent is religious liberty critical for human flourishing? When and how does it contribute to economic prosperity, democratization, and peace? What challenges face religious communities living under repressive governments or hostile social forces? How is the persecution of religion related to other infringements of basic human rights? What is the relationship between religious freedom and violent religious extremism, and is there a role for religious freedom in efforts to undermine radicalization and counter violent religious extremism and terrorism over the long term?

Senator Ben Sasse (R-NE) will deliver a keynote address on the promotion of international religious freedom as an urgent global imperative.

Around the Web this Week

Here is a look at some interesting law and religion items from around the web this week: