The Sharia State
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The Sharia State
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Author : Bassam Tibi
language : en
Publisher: Routledge
Release Date : 2013-07-18
The Sharia State written by Bassam Tibi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Political Science categories.
Set against the backdrop of the Arab Spring, The Sharia State examines the Islamist concept of political order. This order is based on a new interpretation of sharia and has been dubbed "the Islamic state" by Islamists. The concept of "the Islamic state," has been elevated to a political agenda and it is this agenda that is examined here. In contrast to the prevailing view which sees the Arab Spring as a revolution, this book argues that the phenomenon has been neither a Spring, nor a revolution. The term 'Arab Spring,' connotes a just rebellion that led to toppling dictators and authoritarian rulers, yet in The Sharia State, Bassam Tibi challenges the unchecked assumption that the seizure of leadership by Islamists is a part of the democratization of the Middle East. Providing a new perspective on the relationship between the Arab Spring and democratization, this book is an essential read for students and scholars of Middle Eastern Studies, Islamic Studies and Politics.
Islam And The Secular State
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Author : Abdullahi Ahmed An-Na'im
language : en
Publisher: Harvard University Press
Release Date : 2010-03-30
Islam And The Secular State written by Abdullahi Ahmed An-Na'im and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-30 with Law categories.
What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
Sharia And The State In Pakistan
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Author : Farhat Haq
language : en
Publisher: Routledge
Release Date : 2019-05-10
Sharia And The State In Pakistan written by Farhat Haq and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-10 with Social Science categories.
This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers’ understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.
Sharia Muslim States And International Human Rights Treaty Obligations
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Author : Nisrine Abiad
language : en
Publisher: BIICL
Release Date : 2008
Sharia Muslim States And International Human Rights Treaty Obligations written by Nisrine Abiad and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
Islam And The Secular State
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Author : Abdullahi Ahmed An-Na'im
language : en
Publisher: Harvard University Press
Release Date : 2010-03-30
Islam And The Secular State written by Abdullahi Ahmed An-Na'im and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-30 with Law categories.
What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
Challenging The Secular State
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Author : Arskal Salim
language : en
Publisher: University of Hawaii Press
Release Date : 2008-09-30
Challenging The Secular State written by Arskal Salim and has been published by University of Hawaii Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-30 with Religion categories.
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.
Islamic State As A Legal Order
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Author : Federico Lorenzo Ramaioli
language : en
Publisher: Routledge
Release Date : 2022-04-04
Islamic State As A Legal Order written by Federico Lorenzo Ramaioli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-04 with Law categories.
This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.
The Fall And Rise Of The Islamic State
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Author : Noah Feldman
language : en
Publisher: Princeton University Press
Release Date : 2012-08-26
The Fall And Rise Of The Islamic State written by Noah Feldman and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-26 with History categories.
"Noah Feldman tells the story behind the increasingly popular call for the establishment of the sharia--the law of the traditional Islamic state--in the modern Muslim world. Feldman goes back to the roots of classical Islamic law, under which executive power was balanced by the scholars who interpreted and administered the sharia. That balance was destroyed under Ottoman rule, resulting in the unchecked executive dominance that continues to distort politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims through sharia--but only if new institutions emerge that restore this constitutional balance of power. In a new introduction, Feldman discusses developments in Egypt, Tunisia, Libya, and other Muslim-majority countries since the Arab Spring and describes how Islamists must meet the challenge of balance if the new Islamic states are to succeed."--P. [4] of cover.
State Law As Islamic Law In Modern Egypt
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Author : Clark Lombardi
language : en
Publisher: BRILL
Release Date : 2006-01-01
State Law As Islamic Law In Modern Egypt written by Clark Lombardi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.
The Politics Of Islamic Law
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Author : Iza R. Hussin
language : en
Publisher: University of Chicago Press
Release Date : 2016-03-31
The Politics Of Islamic Law written by Iza R. Hussin and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-31 with Law categories.
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt 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.