Hussin, “The Politics of Islamic Law”

In March, the University of Chicago Press will release “The Politics of Islamic Law: Local Elites, Colonial Authority, and the Making of the Muslim State,” by Iza R. Hussin (University of Cambridge).  The publisher’s description follows:

In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and upso_ucplogoEgypt during the British colonial period in order to trace the making and
transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter.

Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

“Inside the Islamic Republic”(ed. Monshipouri)

In January, the Oxford University Press releases “Inside the Islamic Republic: Social Change in Post-Khomeini Iran,” edited by Mahmood Monshipouri (San Francisco State University).  The publisher’s description follows:

The post-Khomeini era has profoundly changed the socio-political landscape of Iran. Since 1989, the internal dynamics of change in Iran,9780190264840 rooted in a panoply of socioeconomic, cultural, institutional, demographic, and behavioural factors, have led to a noticeable transition in both societal and governmental structures of power, as well as the way in which many Iranians have come to deal with the changing conditions of their society. This is all exacerbated by the global trend of communication and information expansion, as Iran has increasingly become the site of the burgeoning demands for women’s rights, individual freedoms, and festering tensions and conflicts over cultural politics. These realities, among other things, have rendered Iran a country of unprecedented-and at time paradoxical-changes.

Dispatches from Kabul: A New Script

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Former CLR Fellow Jessica Wright ’14 is currently working as an attorney in Kabul, Afghanistan. This post is part of a series of reflections on her experiences there.

Last Friday, as we were driving through downtown Kabul, our car was stopped briefly as the traffic ahead slowed at the checkpoint. Looking out from my backseat window, I was struck by the lack of rhythm, the absence of a familiar flow of city movement. In most places, lights change color, people cross the street, taxis honk, engines rev, and buses stop and go methodically. Instead, dirty, overfilled city cabs sat haphazardly in traffic, their lackadaisical drivers staring into the dusty commotion. Children with dirty clothes and charcoal around their eyes darted in and out of traffic, casting doleful expressions at foreigners in hopes of collecting an Afghani or two. Grizzled soothsayers moved slowly from car to car, wafting incense into open windows and mumbling incantations. In the absence of sidewalks, young men in shalwar kameez walked briskly through traffic, whole groups moving against the disorderly jumble, their prayer beads brushing against the sides of cars as they passed by. Policemen with tired, sun-worn faces ambled around aimlessly, occasionally blowing a whistle or commanding a car to move. Their uniforms looked like costumes from an outdated prop closet, faded and sagging, adorned with meaningless insignia. In fact, everything around me in that moment was reminiscent of a movie set after the cut. It was as if, off-script, no one knew exactly where to be or what to do. There are many metaphors for the state of affairs in Afghanistan, but this one struck me as particularly vivid.

Two years ago, when I was working for the North Atlantic Treaty Organization in Casteau, the streets of Brussels were filled with life. We would spend weekends walking through the city, enjoying quaint cafes, chocolate shops, and the old Dutch masterpieces at the Musées Royaux des Beaux-Arts. On winter evenings, we would marvel at the Gothic and Baroque architecture and the beauty of La Grand Place glistening with Christmas lights. Since the terrorist attacks in Paris on November 13 and the subsequent lockdown in Brussels, I’ve been thinking of the European capital, and about how ironic it is that life here in Kabul, chaotic city of blast walls, checkpoints, and indiscriminate violence, has been less affected by terrorism in the past month than my previous home in the heart of Europe.

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While at NATO, I was writing about humanitarian intervention as applied to the ongoing civil war in Syria. In conversation with military strategists and political advisors from the Alliance, my arguments for intervention, even for the limited purpose of constructing humanitarian corridors, were met with vague statements about the impenetrability of Assad’s air defense and the NATO members’ “lack of political will.” I found such reluctance remarkable; at the time, the United Nations was estimating that more than 100,000 had been killed and millions more displaced.

I still believe there was a moral responsibility to protect the Syrian people, but I am more willing to acknowledge and consider the drawbacks of intervention now, particularly in light of the current situation in Afghanistan. Resolute Support, the follow-on mission to NATO’s International Security Assistance Force (ISAF), still operates from the Green Zone Read more

Olsson, “Minority Jurisprudence in Islam: Muslim Communities in the West”

In February, I.B. Tauris will release “Minority Jurisprudence in Islam: Muslim Communities in the West” by Susanne Olsson (Södertörn University).  The publisher’s description follows:

According to many Islamic jurists, the world is divided between dar al-Islam (the abode of Islam) and dar al-harb (the abode of war). This dual division of the world has led to a great amount of juridical discussion concerning what makes a territory part of dar al-Islam, what the status of Muslims living outside of this is, and whether they are obliged to obey Islamic jurisprudence. Susanne Olsson examines the differing understandings of dar al-Islam and dar al-harb, as well as related concepts, such as jihad and takfir. She thereby is able to explore how these concepts have been utilised, transformed and negotiated throughout history. As the subject of Muslims living in Europe is such a topical and sometimes controversial one, this book will appeal to researchers of modern Islam as integral to the Western experience.

Kondo, “Islamic Law and Society in Iran”

In January, Routledge will release “Islamic Law and Society in Iran: A Social History of Tehran” by Nobuaki Kondo (Tokyo University of Foreign Studies). The publisher’s description follows:

This book explores the legal aspects of urban society in nineteenth-century Iran. It provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. The legal system was primarily derived from Islamic la

In his thorough analysis, the author focuses on two themes: the shari‘a court and vaqf (endowments). The shari‘a court was the location, where law was applied, and the author shows that the majority of courts in the country did not engage in disputes, lawsuits, and litigation, but were instead involved primarily in popular transactions such as sales, loans, leases, gifts, and other commercial contracts. This is one of the main reasons that led to the development of close ties between religious clerics as legal professionals, on the one hand, and, on the other, merchants, traders, and shopkeepers in Iranian society during this time period. The second topic, the law of vaqf, is considered to be the strongest among the contracts of Islamic law and an essential part in the development of an Islamic city. Vaqf deeds constituted one of the most common and important types of transactions dealt with by any shari’a court in Iran. Using the alterations that occurred in the legal terms of very important vaqf deeds as an example, the author argues that this traditional legal system was itself not static but had the potential for change and modification.

The relationship between Islamic law and society is still an important issue in Iran under the Islamic Republic. Despite all the debates that began from the middle of the nineteenth century and which promoted legal reform, little was changed substantively in the area of the day-to-day practice of law in Iranian courts until the present day. This book provides an understanding of this legal system and its role in society, and offers a basis for assessing the motives and results of modern reforms as well as the modernist discourse.

Shavit, “Shari’a and Muslim Minorities”

This month, Oxford University Press will release “Shari’a and Muslim Minorities: The Wasati and Salafi Approaches to Fiqh al-Aqalliyyat al-Muslima” by Uriya Shavit (Tel Aviv University). The publisher’s description follows:

Based on a comparative analysis of several hundred religio-juristic treatises and fatwas (religious decisions), Shari’a and Muslim Minorities: The Wasati and Salafi Approaches to Fiqh al-Aqalliyyat al-Muslima offers the most systematic and comprehensive study to date of fiqh al aqalliyyat al-Muslima – the field in Islamic jurisprudence that treats issues that are unique to Muslims living in majority non-Muslim societies. The book argues that two main contesting approaches to fiqh al-aqalliyyat al-Muslima, the wasati and the salafi, have developed, in part dialectically. While both envision a future Islamizing of the West as a main justification for Muslim residence in the West, the wasati approach is pragmatic, facilitating, and integration-minded, whereas the salafi calls for strict application of religious norms and for introversion.

The volume examines diverse and highly-debated juristic issues, including the permissibility of naturalizing in non-Muslim states, participating in their electoral systems and serving in their militaries and police forces; the permissibility of taking mortgages and student loans; the permissibility of congratulating Christians on Christmas or receiving Christmas bonuses; and the permissibility of working in professions that involve breaching of religio-legal prohibitions (e.g. serving pork). Discussions highlight the diversity within contemporary Islamic jurisprudence and introduce new nuances to highly-charged concepts such as proselytizing, integration, and multiculturalism.

Ahmed, “Religious Freedom under the Personal Law System”

In December, Oxford University Press will release “Religious Freedom Under the Personal Law System” by Farrah Ahmed (Melbourne Law School, University of Melbourne). The publisher’s description follows:

The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the personal law system on religious freedom. Drawing on scholarship on the legal reform of the personal law system, as well as philosophical literature on multiculturalism, autonomy, and religious freedom, this book persuasively argues that the personal law system harms religious freedom. Several reform proposals are considered, including modifications of the personal law system, a move towards a millet system, internal reform of individual personal laws, the introduction of a Uniform Civil Code, and a move towards religious alternative dispute resolution.

This book will be of significant interest to students and scholars of law, politics, and gender studies, as well as lawyers and policymakers across jurisdictions interested in multiculturalism, particularly contemporary debates on the legal accommodation of religious and cultural norms.

 

Alserhan, “The Principles of Islamic Marketing”

This month, Ashgate releases “The Principles of Islamic Marketing,” second edition by Baker Ahmad Alserhan (Qatar University). The publisher’s description follows:

The Principles of Islamic Marketing fills a gap in international business literature covering the aspects and values of Islamic business thought. It provides a framework and practical perspectives for understanding and implementing the Islamic marketing code of conduct. It is not a religious book.

The Islamic Economic System is a business model adopted by nearly one quarter of the world’s population. Baker Alserhan identifies the features of the Islamic structure of International Marketing practices and ethics. Adherence to such ethical practices elevates the standards of behaviour of traders and consumers alike and creates a value-loaded framework for meaningful cooperation between international marketers and their Muslim markets. His book provides a complete guide for an organization when managing its entire marketing function or when customising part of its offering to suit Muslim customers. It addresses the challenges facing marketers involved in business activities with and within Islamic communities, the knowledge needs of academic institutions, and the interest of multinationals keen on tapping the huge Islamic markets.

Along the way, Baker Alserhan provides insights into key elements such as, distribution channels, retailing practices, branding, positioning, and pricing; all within the Muslim legal and cultural norms. This second edition brings the book up to date and features a number of new case studies and two additional chapters on Maqasid Al Shariah and the Islamic economy, and a strategic perspective on Islamic marketing and branding.

Dispatches from Kabul: On the Banks of the Kabul River

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Former CLR Fellow Jessica Wright ’14 is currently working as an attorney in Kabul, Afghanistan. This post is part of a series of reflections on her experiences there.

A Public Murder

She was a 27-year-old student of Islamic law and a devout Afghan Muslim. After praying at the Shah-e Du Shamshira mosque at the center of Kabul, Farkhunda Malikzada confronted the caretaker about the practice of selling charms or tawiz, amulets containing Quranic verses and incantations. Like many other conservative Muslims, she believed they were superstitious and un-Islamic. As she admonished the caretaker and the confrontation escalated, he began shouting, “In the name of God, kill her! She has burned the Quran!” Within minutes, a mob of hundreds had assembled, and while the police stood idly by, Farkhunda was stoned, beaten, set on fire, and left to die on the banks of the Kabul River. Some of those present filmed the lynching on their mobile phones.

Violence is endemic in Afghanistan and modern political and legal institutions have faltered since the fall of the Taliban in 2001, but the brutal murder of Farkhunda – which took place just last March – was particularly shocking given the cultural understanding in Afghanistan that public violence toward women is taboo. Despite the outcry from within the country and abroad, a number of prominent Afghan officials and religious leaders immediately endorsed the murder, highlighting Afghanistan’s complicated relationship with Islam and shattering the cautious hopes of reformers, particularly women’s rights advocates. The official spokesman for the Kabul police characterized Farkhunda’s protestations as a publicity stunt with the aim of attaining U.S. or European citizenship, and during his Friday prayer sermon, Ayaz Niazi, the prominent imam of the Wazir Akbar Khan Mosque, said, “If someone disrespects the Quran, you cannot expect people to control their emotions and wait for judges to decide the punishment.” Mullah Hassam of the Bagh-e Bala mosque argued that mahkama—e sahrayi or arbitrary execution is the appropriate punishment for insulting Islam. Soon thereafter, an investigation by the Ministry of Hajj and Religious Affairs found no evidence that Farkhunda had burned the Quran, and concluded that she had been slandered.

I first read about Farkhunda while weighing the pros and cons of moving to Kabul to practice law. I knew about Afghanistan’s abysmal human rights record, and had read up on the fragile legal protections for women and girls, as well as the “moral crimes” they are Read more

Serajuddin, “Cases on Muslim Law of India, Pakistan, and Bangladesh”

In September, Oxford University Press released “Cases on Muslim Law of India, Pakistan, and Bangladesh,” by Alamgir Muhammad Serajuddin (University of Chittagong, Bangladesh).   The publisher’s description follows:

Muslim law is an integral part of the South Asian legal system, and case law plays a major role in its interpretation, application, and development. Through a selection of principal judicial decisions and significant fact situations from pre- and post-independent India, Pakistan, and Bangladesh, this volume provides an easy access to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.

The cases discussed cover such diverse areas as sources and interpretation of law, institution of marriage, polygamous marriages, dower, restitution of conjugal rights, talaq, khula, irreconcilable breakdown of marriage, legitimacy, guardianship, and maintenance of wives and divorced wives. Among the important legislations, it covers Dissolution of Muslim Marriages Act 1939, Muslim Family Laws Ordinance 1961, and Muslim Women Act 1986.

The book also shows how religion-based rules of personal law have been interpreted by secular courts during certain epochs in history and how the trend of interpretation has changed over the last 150 years.