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Abstract

This article explores the disengagement of members from Egypt’s Muslim Brotherhood. Following both the 2011 uprising and the 2013 coup, increasing disenchantment with the group’s ideology and political project have led many members to reconsider their commitment to, and membership in, the Brotherhood. While scholarship examining the Brotherhood’s processes of recruitment and forming of collective identity is burgeoning, few works have assessed members’ disengagement from the movement and abandonment of its ideology, or how former members make sense of their “ex” identity. Based on rich, original material and extensive interviews with former Brotherhood members in Egypt, Turkey, the UK, and Qatar, this article investigates how former members seek new meanings and identities. Adopting a processual and discursive perspective on disengagement from the Brotherhood, we identify disengagement as consisting of distinct ideological, political, and affective processes. These processes shape individuals’ strategies for exiting the Brotherhood and forming their new identities as ex-members.

In: Middle East Law and Governance
In: Middle East Law and Governance
Author: Mohammad Yaghi

Abstract

Using the case studies of the 2012 Constitution, the call of al-Jabha al-Salafiyya for the Revolution of the Muslim’s Youth (rmy) and the Salafi’s statement of Nida Ard al-Kinana, this article provides empirical evidence that the Salafists have a radicalization effect on Egypt’s Muslim Brotherhood when they compete or cooperate with each other. By “radicalization effect,” the article means pushing the Brotherhood to build less inclusive institutions and/or pulling them toward the justification of the use of violence in religious terms in their confrontation with al-Sisi’s regime. Methodologically, the article relies on the Salafist and the Brotherhood statements as well as on the work of other scholars.

In: Middle East Law and Governance
Author: Noha Mellor

Abstract

This article sheds light on the use of narrative within the realm of political Islam, taking the Muslim Brotherhood as a topical case study. The argument is that the Brotherhood media served as a faith brand that was based on a narrative aimed at mobilizing voters and supporters, both within Egypt and regionally. The article questions whether the Brotherhood media represent a coherent voice of the movement, and how the media have helped sustain, preserve, and distinguish the Brotherhood’s brand for nine decades. It is argued that the Brotherhood’s narrative and brand attributes have come under scrutiny with the ongoing fissures within the movement post-2013, particularly between the old and new guard with regards to the re-assessment of the Brotherhood’s ideology and mission. These controversies attest to the gradual fragmentation of the Brotherhood brand, raising doubts about the movement’s ability to resuscitate this brand in the future.

In: Middle East Law and Governance
Author: Lucia Ardovini

Abstract

This article traces the struggle between individual agency and organizational structures characterizing the Muslim Brotherhood in the aftermath of the 2013 coup, identifying these tensions as a main point of contention driving its restructuring and fragmentation. Since Mohammed Morsi’s violent toppling, the Brotherhood experienced a process of gradual fragmentation, with tensions developing between different approaches to repression. Yet, while these debates came to the fore during the current crisis, they have roots in the pre-revolutionary period. The article traces the emergence of tensions between structure and agency from 2011 to the post-2013 context to provide a clearer picture of the internal challenges facing the Brotherhood today. It relies on data collected during fieldwork conducted between 2013 and 2019 in Turkey and the UK, and interviews with current and former Brotherhood members from across the organizational spectrum. It focuses on the members’ individual perspectives in order to trace the growing disconnect between them and the organization.

In: Middle East Law and Governance
Author: Erika Biagini

Abstract

The Muslim Brotherhood’s brief period of governance in Egypt, followed by its 2013 ousting from, power heightened the movement’s pre-existing internal divisions, causing members to question the tenets upon which the organization was established and ran. Since then, a growing body of literature has investigated the Brotherhood members’ call for internal reforms, but this rests largely on the views of its male members. In order to fill this gap, this article explores how the Muslim Sisterhood, an important but often overlooked Brotherhood constituency, envisages the movement changing in the aftermath of 2013. Findings based on interviews with Muslim Sisterhood members suggest that the central issues over which women envisage change within the movement include the Sisterhood’s desire for greater pluralism, the possibility to express women’s diverse identities, and the ability to pursue personal ambitions.

In: Middle East Law and Governance

Abstract

This article explores the position of the successive executive powers that have ruled over the occupied Palestinian territory toward the right of association, analyzing the regulations and practical measures they introduced. The governance of these authorities was undemocratic, resulting in abuses of legislative power with a view to constraining the right to assembly and to dominating ngo s, starting with incorporation and ending with dissolution. Despite an ongoing struggle for operational independence, ngo s have been under the control of the Palestinian ruling political parties in the West Bank and the Gaza Strip since 2007. Throughout this period, elected formal oversight bodies have been lacking. While Fatah monopolizes government of the West Bank, Hamas takes exclusive possession of the administration of the Gaza Strip; each party has fought against the ngo s aligned with its rival. The ruling regimes have also exploited shortfalls and gaps in some regulations in order to undermine and weaken the role of ngo s in issues of public concern.

In: Middle East Law and Governance
Author: Samah al-Agha

Abstract

The purpose of this research is to identify and explore the factors that have contributed to the prevention of women from working in the Saudi Arabian judiciary from the viewpoints of male Saudi judges. The study applies the qualitative research method and uses interviews to obtain the required data. It uses primary and secondary resources to support the arguments. The data analysis reveals three main themes under which these factors fall: the legal constraints, the religious constraints, and the cultural constraints. Finally, the study concludes with some findings and recommendations with regard to employing women in the judiciary.

Open Access
In: Arab Law Quarterly

Abstract

The present study investigates the role of written documents in Islamic court procedure, and especially the evidential status of such documents. For this purpose, I analyze different kinds of sources that vary in their proximity to practice. In addition to furūʿ-literature, I draw on shurūṭ manuals, fatwās and court records from 16th-century Jerusalem. This approach allows for a multi-dimensional reconstruction of the legal discourse on written documents. I argue that this discourse operated on several levels, some of which are virtually invisible if these sources are studied in isolation. By contrast, a holistic perspective reveals a subtle interaction between these discursive levels that reduced the tension between legal doctrine and practical concerns.

In: Islamic Law and Society