Genealogy, Current Trends, and New Interpretations
This book invites to rethink certain aspects of halal, and in particular the issue of the halal market and halal certification in Muslim-minority contexts. Rather than limiting itself to elucidating the doctrinal traditions relating to halal/haram, or on the contrary, focusing only on the external economic, financial, political or demographic factors that explain the changes taking place, Rethinking Halal shows the need to underline the points of balance between the aspects of religious doctrine on the one hand and the economic or political contextual aspects on the other hand. Through the study of various countries, Rethinking Halal demonstrates that Islam underwent a process of positivisation, that is, a kind of reframing of its rules and principles through the lens of a characteristically modern standardising, scientificising, and systematising mind.

Contributors are Ayang Utriza Yakin, Louis-Léon Christians, Baudouin Dupret, Jajat Burhanudin, Syafiq Hasyim, Zaynab El Bernoussi, En-Chieh Chao, Rossella Bottoni, Lauren Crossland-Marr, Konrad Pędziwiatr, Matteo Benussi, Harun Sencal and Mehmet Asutay.
Author: Irene Schneider
In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing “law in the making” and the shifts in debates (2012–2018). In 2012, a ruling on khulʿ-divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to “harmonize” international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
Space and Religious Hierarchy in Ibn al-Qayyim’s Aḥkām ahl al-dhimma
Antonia Bosanquet’s Minding Their Place is the first full-length study of Ibn al-Qayyim’s (d. 751/1350) collection of rulings relating to non-Muslim subjects, Aḥkām ahl al-dhimma. It offers a detailed study of the structure, content and authorial method of the work, arguing that it represents the author’s personal composition rather than a synthesis of medieval rulings, as it has often been understood. On this basis, Antonia Bosanquet analyses how Ibn al-Qayyim’s presentation of rulings in Aḥkām ahl al-dhimma uses space to convey his view of religious hierarchy. She considers his answer to the question of whether non-Muslims have a place in the Abode of Islam, how this is defined and how his definition contributes to Ibn al-Qayyim’s broader theological world-view.

Abstract

Article 2 of the Iraqi Constitution of 2005, which states that Iraq is a modern Islamic constitutional democracy, contains a ‘repugnancy clause’, prohibiting enactment of any law contrary to Islam’s settled rulings, principles of democracy, and rights guaranteed in the Constitution. This clause allows the Constitutional Court to invalidate laws that violate the Constitution. Currently, the Iraqi Federal Supreme Court’s method for determining whether a particular law is repugnant to the Constitution and Islamic settled rulings as per Article 2 is inconsistent and arbitrary. Here the core question is: What is the best way to successfully implement the Iraqi Constitution’s Repugnancy Clause? We propose an approach focusing on maqāṣid, the classical Islamic concept meaning Sharīʿah’s intent, purpose, or objectives that will also fulfil the other purposes of Article 2 to ensure that the law is consistent with the principles of democracy and the principles of human rights.

In: Arab Law Quarterly
About the Yearbook of Islamic and Middle Eastern Law

Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries as well as international legal developments in the region.

Please click here for the online version including the abstracts of the articles of The Yearbook of Islamic and Middle Eastern Law.

The publication's practical features include:
- articles on current topics,
- country surveys reflecting important new legislation and amendments to existing legislation per country,
- the text of a selection of documents and important court cases,
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The Yearbook’s editors welcome any suggestions from scholars for articles, country surveys, book reviews and case notes. Please feel free to contact us at: yimel@soas.ac.uk.

The Yearbook should be cited as YIMEL.

Abstract

This essay was written in the wake of the Beirut port explosion on August 4th, 2020. We explore the extent to which activists, academics, and practitioners can find a way to break the cycle of corruption caused by decades of sectarian power-sharing. Through our own story and experience of breaking our own cycle of hopelessness and transcending disciplinary boundaries, we document and analyze how we can create an evidence-based, community-led, and locally-driven roadmap for Beirut’s recovery. The essay focuses on our experience creating and building Khaddit Beirut (the shake-up) amidst multiple crises and in doing so opening up the university to the grievances of a devasted community. In doing so we review existing literature about what we already know about Lebanon’s political system and explain why breaking the cycle is as much an existential project as it is a political struggle.

In: Middle East Law and Governance
Author: Dana El Kurd

Abstract

What is the effect of international involvement on national liberation movements? In the last few decades, movements transforming into states have increasingly operated in a globalized context and have had to contend with international pressures. However, the effects of international involvement on the internal dynamics of these movements should be more centrally considered. This paper thus examines the role of international involvement in the Kurdish national liberation movement in Iraqi Kurdistan and the Palestinian national liberation movement within the Palestinian territories. Specifically, I look at the role of the United States as the most powerful actor in the Middle East region. This paper argues that international involvement leads to authoritarian conditions within these state-building projects as well as paralyzes the efficacy and coherence of these movements. Specifically, international involvement creates polarization among political elites and a divergence between elite and public preferences, which creates authoritarian conditions.

In: Middle East Law and Governance
In: Middle East Law and Governance
Author: Rima Majed

Abstract

This article reflects on the experience of living an exceptional year of revolution, financial collapse, pandemic (and later, explosion) in Lebanon since October 2019. Based on auto-ethnography, the article grapples with the experience of “double liminality” by juxtaposing the revolutionary moment of publicness, enthusiasm and clarity; to the pandemic moment of isolation, rumination and anxiety.

In: Middle East Law and Governance
Author: Maya El Helou

Abstract

Through the anthropological labor of making sense of everyday life, I question if normative time suffices in capturing revolutionary temporalities.

In: Middle East Law and Governance