Browse results

You are looking at 1 - 10 of 212 items for :

  • International Law x
  • Islamic Law x
  • All content x
Clear All
Egyptian and Islamic Law: Selected Essays
In Sharia, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Sharia and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of a more recent period, such as in Nigeria and, also, Egypt. The book’s historical studies are based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
Contemporary Discussions in Shī ͑ī Legal Theory
In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory ( uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both ‘traditional’ seminaries and ‘Western’ academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa.
In: Middle East Law and Governance

Abstract

This Fieldnote challenges scholars of Islam and Muslims to consider how the production of knowledge on Islam and Muslims has long been, and continues to be, intimately associated with projects of governance, whether by the modern state or premodern regime. The present is simply a particularly robust historical period during which, wherever one might stand on the political spectrum, the study of Islam is undertaken in the shadow of the state—a disaggregated project of law and justice, border control, national security, and regulation. This Fieldnote recasts Islam and Muslim in an adjectival sense—‘Islamic’ and ‘Muslim’—in order to highlight their variability in relation to the purposes for which they are deployed. To better understand the dynamics by which the ‘Islamic’ is deployed for purposes of state projects, this Fieldnote outlines four registers of analysis—time, space, scale, and rhetoric—to inspire new research on the production of knowledge in the academic study of Islam and Muslims today.

In: Middle East Law and Governance

Abstract

In recent years Muslim extremist groups have sought to establish a contemporary Islamic caliphate. Such groups have not historically sought to establish such a territory; this form of sovereignty did not exist in the Prophet’s time, and is quite unlike the traditional Islamic model or that practiced by the Prophet in Medina. Moreover, this ideal state incorporates elements of the modern, sovereign nation-state. It is ironic that, although such groups criticize Western systems and laws, their concept of ‘the state’ derives from the very European ideology that they so violently oppose. This paper examines how notions of modern statehood have influenced the ideologies of state and law espoused by contemporary extremist groups.

In: Middle East Law and Governance

Abstract

Amidst violent contestation across the Middle East leaving regimes facing – or fearing – popular protests, the regulation of political life became increasingly important. Across the past century, the development of political projects has been driven by regime efforts to maintain power, constructing regime-society relations in such a way to ensure their survival. As a consequence, security is not given; rather, it reflects the concerns of elites and embeds their concerns within society, using a range of domestic, regional and geopolitical strategies to meet their needs. These strategies play on a range of different fears and currents to locate regime interests within broader concerns. A key part of such efforts involves the cultivation and suppression of particular identities, often resulting in contestation and uncertainty within and between states. Drawing on the ideas of Giorgio Agamben, Gilles Deleuze and Felix Guattari, the article argues that the regulation of sect-based identities – and difference – has been a key part of governance strategies in divided societies across the Middle East, albeit varying across time and space.

In: Middle East Law and Governance

Ethnic and religious plurality is inextricably linked with Ambonese history. The conflict of 1999–2003 disrupted this stability and caused great damage, segregation, and radicalization. Reestablishing peace proved difficult because of complex social, economic, political, and religious factors, and parties struggled to address deep-rooted issues such as intergroup distrust and hatred. The Baku Bae Peace Movement (gbb) was an informal movement with humble beginnings, which quickly developed into a community effort and reignited intergroup fraternity by deploying a series of effective strategies. This article examines the gbb, its key strengths and weaknesses, and the contextual factors that led to its success. The success of the gbb may be attributed to inclusive grassroots participation and the invocation of shared moral values. This article concludes that although the gbb is difficult to replicate elsewhere, its core values can be implemented in other conflict regions to minimize or resolve religious violence, polarization, and fundamentalism.

In: Journal of Law, Religion and State
In: Journal of Law, Religion and State

The purpose of this research is to identify the peculiarities of religious legal consciousness and to review the conflicts, gaps, and additional specific problems arising amidst a convergence of peoples confessing Islam within the European legal-cultural domain. Approaching this question from the perspective of Russian scholarship, the authors evaluate and apply methods of inquiry such as sociological surveys and analysis of law enforcement practices, together with historical, dialectico-materialistic, interdisciplinary, and logical approaches. The given article highlights problems of cultural interaction with special reference to the role of religion in this process, including relative degrees of legal implementation of religion and the influence of religion on personality formation. Here religion is regarded both as a means of social regulation and as a reflection of the specific characteristics and cultural environment of a particular community with its concepts of justice, legality, and ethics. In general, modern secular states fail to take into account the different roots of religious legal consciousness in different cultures, instead perceiving the legality of a juridical fact through the prism of their own respective cultures. Nonetheless, understanding the mechanisms through which legal consciousness forms – including the impact of religion on such formation – represents an important tool for addressing and resolving a number of grave social problems.

In: Journal of Law, Religion and State

The decision in Alberta and Hutterite Brethren of Wilson Colony refocused attention on the role played by the final limb of the Oakes test when considering the proportionality of the limitation of a Charter right. This article seeks to re-examine this decision and challenge the structural discrimination it created by requiring minorities whose belief gives a religious value to a facially utilitarian practice which may not be apparent when considered from a secular perspective. In particular it examines the potential benefits of allowing a liberal perspective of group rights to inform the weight courts’ give to the detriment faced by a community and argues that this revised approach to balancing would result in outcomes more reflective of the values codified in the Charter.

In: Journal of Law, Religion and State