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Editors: John Bowen and Arskal Salim
In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.

The constitution of a country is the supreme national institution, and its provisions significantly affect the development of politics and society. The process of constitution making is key for understanding the constitution, and an assessment of the process makes possible a better and deeper understanding of the workings of the country, its politics, economy, and polity. The discussion of Islamic constitutionalism has recently gained momentum, especially in the wake of a reorganization of the Middle East and the Arab Spring. This paper focuses on the development of the first “Islamic” constitution, that of Pakistan, and analyzes the issues and problems it faced. It focuses on the issue of sovereignty, a concept underlying modern democracy, and uses the debates of the Constituent Assembly of Pakistan during the critical debate on the Objectives Resolution, in March 1949. The experience of Pakistan is seminal, as we historically understand and currently assess the issues of Islam, democracy, and the modern nation state.

In: Journal of Law, Religion and State
Legacy, Challenges and Change
In Islamic Leadership in the European Lands of the Former Ottoman and Russian Empires the history and contemporary development of Islamic leadership in over a dozen of Eastern European countries is analysed. The studies are presented through a double prism: the institutional structures of the Muslim communities and the place of the muftiates in the current national constellations on one hand, and the dimension of the spiritual guidance emanating from the muftiates on the other. The latter includes aspects such as the muftiates’ powers and role in supervision of mosques and other religious institutions, production, dissemination and control of religious knowledge and discussions on traditional and non-traditional forms of Islam engaged in by the muftiates.

This is the first comprehensive edited volume on the subject.

Contributors are: Srđan Barišić, Ayder Bulatov, Marko Hadjdinjak, Olsi Jazexhi, Memli Sh. Krasniqi, Armend Mehmeti, Dino Mujadžević, Agata S. Nalborczyk, Egdūnas Račius, Aziz Nazmi Shakir, Vitalii Shchepanskyi, Jakob Skovgaard-Petersen, Daša Slabčanka, Aid Smajić, Irina Vainovski-Mihai, Mykhaylo Yakubovych, and Galina Yemelianova.
La justice islamique dans les oasis du Grand Touat (Algérie) aux XVIIe – XIXe siècles
La pratique du droit musulman est généralement considérée comme un phénomène urbain. À partir d’une analyse de recueils de fatwas inédits et d’autres manuscrits arabes provenant des oasis du Grand Touat (Sud algérien), Droit musulman et société au Sahara prémoderne remet en question cette vision des choses. L’ouvrage explore la diffusion d’institutions juridiques islamiques dans la région entre le XVIIe et le XIXe siècles, ainsi que l’interaction entre communautés villageoises et juristes musulmans. Pour sonder ce processus, Ismail Warscheid adopte une approche dialectique : il reconstitue les modalités de l’application de la charia par les cadis et muftis locaux et s’interroge sur les usages que les populations oasiennes font des tribunaux islamiques, de l’écriture notariale et de la consultation juridique.

Pre-modern Islamic legal practice is most often considered an essentially urban phenomenon. Relying on unedited fatwa collections and other Arabic manuscripts from the oasis of Tuwāt in southern Algeria, Droit musulman et société au Sahara prémoderne challenges this vision. The book explores the spread of Islamic legal institutions in the region between the seventeenth and the nineteenth centuries, and the interaction between village communities and Muslim jurists. Ismail Warscheid investigates this process from a dialectical perspective: how were sharʿī norms applied by local qadis and muftis, and how did local populations made use of court litigation, notarial certification, and legal consultation?

Sexual Violence and Socio-Legal Surveillance in the Eighteenth Century
In Politics of Honor, Başak Tuğ examines moral and gender order through the glance of legal litigations and petitions in mid-eighteenth century Anatolia. By juxtaposing the Anatolian petitionary registers, subjects’ petitions, and Ankara and Bursa court records, she analyzes the institutional framework of legal scrutiny of sexual order. Through a revisionist interpretation, Tuğ demonstrates that a more bureaucratized system of petitioning, a farther hierarchically organized judicial review mechanism, and a more centrally organized penal system of the mid-eighteenth century reinforced the existing mechanisms of social surveillance by the community and the co-existing “discretionary authority” of the Ottoman state over sexual crimes to overcome imperial anxieties about provincial “disorder”.
In: Shariʿa Councils and Muslim Women in Britain
In: Shariʿa Councils and Muslim Women in Britain
In: Shariʿa Councils and Muslim Women in Britain
In: Shariʿa Councils and Muslim Women in Britain
Rethinking the Role of Power and Authority
The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space – holding in tension both the constraints of particular frameworks of power, and the realities of women’s agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.