Posted on by JCPW

Bassiouni, “The Shari’a and Islamic Criminal Justice in Time of War and Peace”

51+guS2OMoL._SY300_Next month, Cambridge University Press will publish The Shari’a and Islamic Criminal Justice in Time of War and Peace by M. Cherif Bassiouni (DePaul University School of Law). The publisher’s description follows.

This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari’a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.

Posted on by JCPW

Around The Web This Week

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

Posted on by JCPW

Biggar, “In Defence of War”

9780199672615_450This September, Oxford University Press will publish In Defence of War by Nigel Biggar (University of Oxford). The publisher’s description follows.

Pacifism is popular. Many hold that war is unnecessary, since peaceful means of resolving conflict are always available, if only we had the will to look for them. Or they believe that war is wicked, essentially involving hatred of the enemy and carelessness of human life. Or they posit the absolute right of innocent individuals not to be deliberately killed, making it impossible to justify war in practice.

Peace, however, is not simple. Peace for some can leave others at peace to perpetrate mass atrocity. What was peace for the West in 1994 was not peace for the Tutsis of Rwanda. Therefore, against the virus of wishful thinking, anti-military caricature, and the domination of moral deliberation by rights-talk In Defence of War asserts that belligerency can be morally justified, even though tragic and morally flawed.

Recovering the Christian tradition of reflection running from Augustine to Grotius, this book affirms aggressive war in punishment of grave injustice. Morally realistic in adhering to universal moral principles, it recognises that morality can trump legality, justifying military intervention even in transgression of positive international law-as in the case of Kosovo. Less cynical and more empirically realistic about human nature than Hobbes, it holds that nations desire to be morally virtuous and right, and not only to be safe and fat. And aspiring to practical realism, it argues that love and the doctrine of double effect can survive combat; and that the constraints of proportionality, while real, are nevertheless sufficiently permissive to encompass Britain’s belligerency in 1914-18. Finally, in a painstaking analysis of the Iraq invasion of 2003, In Defence of War culminates in an account of how the various criteria of just war should be thought together. It also concludes that, all things considered, the invasion was justified.

Posted on by JCPW

Sen, Wagner & Howarth, “Secularism and Religion in Multi-Faith Societies”

51gWvpawVgL__This October, Springer will publish Secularism and Religion in Multi-Faith Societies: The Case of India by Ragini Sen (Centre for Policy Research, New Delhi), Wolfgang Wagner (J. Kepler University of Linz), and Caroline Howarth (London School of Economics and Political Science). The publisher’s description follows.

This Brief looks at the illustrative case of the Hindu-Muslim conflict in India, with the aim of understanding the dynamics of lived secularism as it exists in traditional multi-faith societies such as India. The data analyzed in this Brief comprise many interviews, conducted amidst Hindus and Muslims, with respondents of both sexes living in slum and middle class regions in the city of Mumbai. The volume begins by giving a brief summary of the historical and cultural background to the present situation in India. It then traces complementarities and similarities of opinions across diverse constituencies which cluster around three main anchoring points: communication, re-presentations and operationalizing of a shared dream. The first point explores the need to understand and to be understood, encourages processes of mutual acculturation, and describes the sensitive decoding of cultural symbols such as dress codes. The second point discusses changes in mind sets and mutual perceptions, where Muslims and Islam are portrayed in a balanced way and exploitation of religion for political purposes is stopped. The third main point is the involvement of the common, regular person, and a focus on children, as the unifying hope for the future.

Throughout the volume, emphasis is on moral maturation, cultural interpretation in lieu of cultural imposition and creation of a sensitive media policy. The issues raised may help craft interdisciplinary and international frameworks, which address conflict resolution in culturally diverse multi-faith societies. Accordingly, the book concludes with policy recommendations for supporting the peaceful coexistence of secularism and religion in society from a peace psychological perspective.

Posted on by JCPW

Hart, “And Then We Work For God”

0804786607Last month, Stanford University Press published And Then We Work For God: Rural Sunni Islam in Western Turkey by Kimberly Hart (State University of New York College at Buffalo). The publisher’s description follows.

Turkey’s contemporary struggles with Islam are often interpreted as a conflict between religion and secularism played out most obviously in the split between rural and urban populations. The reality, of course, is more complicated than the assumptions. Exploring religious expression in two villages, this book considers rural spiritual practices and describes a living, evolving Sunni Islam, influenced and transformed by local and national sources of religious orthodoxy.

Drawing on a decade of research, Kimberly Hart shows how religion is not an abstract set of principles, but a complex set of practices. Sunni Islam structures individual lives through rituals—birth, circumcision, marriage, military service, death—and the expression of these traditions varies between villages. Hart delves into the question of why some choose to keep alive the past, while others want to face a future unburdened by local cultural practices. Her answer speaks to global transformations in Islam, to the push and pull between those who maintain a link to the past, even when these practices challenge orthodoxy, and those who want a purified global religion.

Posted on by JCPW

Jivraj, “The Religion of Law”

ShowJacketNext month, Palgrave Macmillan will publish The Religion of Law: Race, Citizenship and Children’s Belonging by Suhraiya Jivraj (Kent Law School, University of Kent). The publisher’s description follows.

A timely and original examination into the ways in which religion is conceptualized in two areas of law relating to children – child welfare cases and education law and policy. The book focuses on the relationship between race, religion and culture, bringing critical race and religion perspectives from other disciplines to bear on law.

Posted on by JCPW

Around the Web This Week

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

Posted on by JCPW

Around the Web This Week

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

Posted on by JCPW

Mitchell, “Tocqueville in Arabia”

9780226087313This August, The University of Chicago Press will publish Tocqueville in Arabia: Dilemmas in a Democratic Age by Joshua Mitchell (Georgetown University). The publisher’s description follows.

The Arab Spring, with its calls for sweeping political change, marked the most profound popular uprising in the Middle East for generations. But if the nascent democracies born of these protests are to succeed in the absence of a strong democratic tradition, their success will depend in part on an understanding of how Middle Easterners view themselves, their allegiances to family and religion, and their relationship with the wider world in which they are increasingly integrated.

Many of these same questions were raised by Alexis de Tocqueville during his 1831 tour of America, itself then a rising democracy. Joshua Mitchell spent years teaching Tocqueville’s classic account, Democracy in America, in America and the Arab Gulf and, with Tocqueville in Arabia, he offers a profound personal take. One of the reasons for the book’s widespread popularity in the region is that its commentary on the challenges of democracy and the seemingly contradictory concepts of equality and individuality continue to speak to current debates. While Mitchell’s American students tended to value the individualism of commercial self-interest, his Middle Eastern students had grave doubts about individualism and a deep suspicion for capitalism, which they saw as risking the destruction of long-held loyalties and obligations. When asked about suffering, American students answered in psychological or sociological terms, while Middle Eastern students understood it in terms of religion. Mitchell describes modern democratic man as becoming what Tocqueville predicted: a “distinct kind of humanity” that would be increasingly isolated and alone. Whatever their differences, students in both worlds were grappling with a sense of disconnectedness that social media does little to remedy.

 We live in a time rife with mutual misunderstandings between America and the Middle East, and Tocqueville in Arabia offers a guide to the present, troubled times, leavened by the author’s hopes about the future.

Posted on by JCPW

Lippy & Tranby, “Religion in Contemporary America”

9780415617383_p0_v1_s260x420This April, Routledge published Religion in Contemporary America by Charles H. Lippy (University of Tennessee at Chattanooga) and Eric Tranby (University of Delaware). The publisher’s description follows.

This book provides a fresh, engaging multi-disciplinary introduction to religion in contemporary America. The chapters explore the roots of contemporary American religion from the 1950s up to the present day, looking at the major traditions including mainline Protestantism, the evangelical-pentecostal surge, Catholicism, Judaism, African-American religions and new religious movements. The authors ask whether Americans are becoming less religious, and how religious thought has moved from traditional systematic theology to approaches such as black and feminist theology and environmental theology. The book introduces religion and social theory, and explores key issues and themes such as: religion and social change; politics; gender; sexuality; diversity; race and poverty. Students and instructors will find the combination of historical and sociological perspectives an invaluable aid to understanding this fascinating but complex field.