Tag Archives: Egypt

El Shamsy, “The Canonization of Early Islamic Law”

This June, Cambridge University Press will publish The Canonization of Early Islamic Law: A Social and Intellectual History by Ahmed El Shamsy (University of Chicago).  The publisher’s description follows.

The Canonization of Islamic Law tells the story of the birth of classical Islamic law in the eighth and ninth centuries CE. It shows how an oral normative tradition embedded in communal practice was transformed into a systematic legal science defined by hermeneutic analysis of a clearly demarcated scriptural canon. This transformation was inaugurated by the innovative legal theory of Muḥammad b. Idrīs al-Shāfiʿī (d. 820 CE), and it took place against the background of a crisis of identity and religious authority in ninth-century Egypt. By tracing the formulation, reception, interpretation, and spread of al-Shāfiʿī’s ideas, the author demonstrates how the canonization of scripture that lay at the heart of al-Shāfiʿī’s theory formed the basis for the emergence of legal hermeneutics, the formation of the Sunni schools of law, and the creation of a shared methodological basis in Muslim thought.

Egypt’s Copts and Persecution

At an academic conference a while ago, I made an offhand reference to the contemporary persecution of Christians. My remark was greeted with some incredulity, even derision. There are, one scholar responded sarcastically, something like two billion Christians in the world today. “Next you’ll be telling us a billion Chinese are also in need of protection.”

The failure of many opinion leaders in the West to acknowledge what’s happening to Christians around the world results from many factors, including, as I’ve written, a kind of psychological disconnect. Western liberals are not accustomed to seeing Christians as sympathetic victims, but as adversaries to be resisted. The idea that Christians might be suffering from persecution ruins the narrative.

An article from last week’s Washington Post might change some minds. In response to increasing attacks on them since the revolution that brought the Muslim Brotherhood to power, Egypt’s Copts are showing a new assertiveness. Traditionally, Coptic leaders keep a low profile, avoiding confrontation with authorities. Now, however, Copts are adopting a more confrontational approach, vocally protesting the wrongs being done them:

Islamist President Mohammed Morsi, of the Muslim Brotherhood, has vowed to promote equality between Egypt’s Muslim majority and Christian minority. But Christians have been worried by the growing influence in society and government of Muslim conservatives and hard-liners, many of whom espouse rhetoric consigning Christians to second-class status.

A mob attack this month on the Cairo cathedral that serves as the seat of the Coptic pope raised alarm bells among Christians, who make up about 10 percent of the country’s 90 million people. There has been a surge in attacks on Christians and churches in the two years since the ouster of autocrat Hosni Mubarak. But for Christians, the cathedral violence laid bare their vulnerability. Morsi quickly condemned the violence, saying attacking the cathedral was like attacking him personally. But the Coptic Pope Tawadros II accused him of failing to protect the cathedral in an unprecedented direct criticism.

Copts have no illusions about the possible consequences of their new assertiveness: more persecution. But it seems a price they’re willing to pay. A senior Coptic monk told the AP, ““Our church grows stronger with martyrdom. My faith and confidence tell me that so long as our church is in the hands of God, no one can hurt it.”

Arjomand & Brown (eds.), “The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran”

Next month, SUNY Press will publish The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran by Saïd Amir Arjomand (Stony Brook University, State University of New York) and Nathan J. Brown (George Washington University).  The publisher’s description follows.The Rule of Law

In recent years, Egypt and Iran have been beset with demands for fundamental change. The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran draws together leading regional experts to provide a penetrating comparative analysis of the ways Islam is entangled with the process of democratization in authoritarian regimes. By comparing Islam and the rule of law in these two nations, one Sunni and Arab-speaking, the other Shi’ite and Persian-speaking, this volume enriches the current debate on Islam and democracy, making for a more nuanced understanding and appreciation of differences with the Muslim world, and provides an indispensible background for understanding the Green movement in Iran since 2009 and the Egyptian revolution of 2011.

Larson, et al. (eds.), “Gender and Equality in Muslim Family Law”

Next month, I.B. Tauris Publishers will publish Gender and Equality in Muslim Family Law: Justice and Ethics in the Islamic Legal Process edited by Lena Larsen, Ziba Mir-Hosseini, Christian Moe and Kari Vogt.  The publisher’s description follows.

This book examines how male authority is sustained through law and court practice, the consequences for women and the family, and the demands made by Muslim women’s groups. Examining the construction of male guardianship (qiwama, wilaya) in the Islamic tradition, it also seeks to create an argument for women’s full equality before the law. Bringing together renowned Muslim scholars and experts, anthropologists who have carried out fieldwork in family courts, and human rights and women’s rights activists from different parts of the Muslim world, from Morocco to Egypt and Iran, this book develops a framework for rethinking Islamic Law and its traditions in ways that reflect contemporary realities and understandings of justice and gender rights.

Coming Economic Crisis in Egypt?

Here at CLR Forum, we’ve been thinking about the role of Islamic law in Egypt’s new constitution, which voters approved last month. The new constitution represents a significant victory for Morsi’s Muslim Brotherhood. But, as Walter Russell Mead points out on his blog today, the Brotherhood still faces major problems. Egypt is on the brink of an economic crisis that the Morsi government seems unable to handle.

Since the Arab Spring, foreign investors and tourists have fled Egypt and the country’s currency has plummeted. Regional allies like Turkey and Qatar have lent Egypt billions of dollars, but the IMF, which has the real money, is refusing to advance roughly $5 billion until the Morsi government implements an austerity package. This would mean political disaster for Morsi, since many Egyptians depend on government food subsidies to survive. So things are in a holding pattern. Meanwhile, the bad economy is creating a security crisis. Egyptians complain about a lack of basic safety.

It’s hard to know what will come next. Perhaps frustrated Egyptians will decide that the problem is that the Muslim Brotherhood is not Islamist enough and turn to the even more radical Salafis. I can’t imagine the Salafis would have a better relationship with the IMF, though. Or perhaps a military strongman who mouths the correct pieties will take charge. Anyway, it’s hard to imagine a situation in which Egyptians turn to the secular liberals whom the West hoped would run Egypt after the fall of Mubarak.

“Religious Broadcasting in the Middle East” (Hroub, ed.)

If you are promoting a political and legal blueprint for society, it helps to have a media outlet. Islamists in the Middle East have become very adept at using media networks to advance their aims. In Egypt, for example, the Muslim Brotherhood operates its own TV station, Misr25. A new collection  of essays from Columbia University Press, Religious Broadcasting in the Middle East (2012), investigates Muslim, Christian, and Jewish religious programming in the Middle East. The collection is edited by Khaled Hroub (Cambridge). The publisher’s description follows:

Religious broadcasting in the Middle East has benefited tremendously from new transnational media networks and the widespread availability of satellite broadcasting technology. Dozens of Muslim, Christian, and Jewish religious channels are now on air, advocating different forms of religiosity and shaping public perceptions through dialogue and debate. Mainstream news channels, such as Al-Jazeera and Al-Arabiya, broadcast popular religious programming, in some cases filled with highly politicized content. Others feature more apolitical commentary and are concerned only with preaching God’s word.

The Middle East’s highly-charged religious and political ferment has certainly been propitious for such broadcasters as they seek to convey their message. This has, in turn, reinforced the link between the dominant “religious atmosphere” and religious broadcasting. Monitoring the content-analysis of some of the region’s most influential religious channels and programs, the contributors to this volume provide pioneering insights into the Middle East’s burgeoning religious media market. They explore the themes, discourses, appearances, and “celebrities” of this rapidly expanding phenomenon and how its complex dynamics have transformed the region and the world.

Egypt’s Constitution: A Return to Classical Islam?

Last week, I wrote that the constitutional struggle between Egyptian President Mohammed Morsi and the country’s Supreme Constitutional Court – a struggle that continued this week, when pro-Morsi picketers shut the court down – might represent an attempt to impose a conservative version of Islamic law in Egypt. Now that more of the draft constitution is available in English, the strategy seems even more apparent.

The draft constitution, like the Mubarak-era document it would replace, makes Sharia the primary source of legislation in Egypt. Traditionally, the SCC has had authority to determine whether laws comply with Sharia principles, and the court typically has taken a moderate, flexible approach. The draft constitution contains new provisions that could change things.

For example, one article declares, “The principles of Sharia include general evidence and foundations, rules and jurisprudence as well as sources accepted by doctrines of Sunni Islam and the majority of Muslim scholars.” It’s not entirely clear from the wording, but the reference to the majority of scholars may suggest a return to the idea of scholarly consensus that informed classical Islamic law, or fiqh. The idea is that Continue reading

Egypt’s Draft Constitution

Obviously, Egypt’s version of the Constitutional Convention is not going as smoothly as everyone might have hoped. The plan was for a Constituent Assembly comprised of Islamists, Christians, and secular deputies to draft and vote on a consensus constitution sometime next January. Things haven’t worked out that way. Greatly outnumbered from the start, the Christians and secular deputies have all resigned in frustration. And, rather than wait till next year, the Assembly has just finished rushing though all 230 provisions of the constitution in a marathon, 16-hour session. The Assembly will present the document to President Morsi tomorrow, and he will then submit it to a national referendum. Why the rush? The Assembly and Morsi want to accomplish all this before the Supreme Constitutional Court has a chance to rule, perhaps as early as Sunday, on the legality of the constitution-drafting process. Meanwhile, pro- and anti-Morsi demonstrators are facing off on the streets of Egyptian cities. It all looks very unstable.

Given our own experience, observers in the US may see the struggle between Morsi and the SCC in terms of the rule of law: Morsi is just another strongman trying to stare down an independent judiciary. That’s true as far as it goes, but there’s an added issue people may miss. Article 2 of the draft constitution declares that Sharia is the principal source of legislation in Egypt. This is nothing new; the Mubarak-era constitution contained the same provision. Traditionally, the SCC has had authority to determine whether Egyptian laws comply with Sharia principles and, traditionally, it has adopted a flexible, non-fundamentalist approach to the question. In staring down the SCC now, Morsi and his allies in the Assembly may be laying down a marker for future conflicts with the SCC over Islamic law. The message seems to be this: power dynamics in Egypt have changed fundamentally, and the SCC had better get in line.

Coptic Church Names New Pope

A follow up to Thursday’s post: on Sunday, the Coptic Orthodox Church named its 118th pope, Tawadros, a bishop from the Upper Nile region. Pope Tawadros now has what Walter Russell Mead ruefully calls “the toughest job in the world”:  negotiating for the Christian minority in an Egypt governed by the Muslim Brotherhood. The Brotherhood, as well as their political rivals, the even more fundamentalist Salafists, have talked about increasing the role of Islamic law in Egypt. The National (United Arab Emirates) reports:

At the center of the political squabbling in Egypt is the role of Islam in the country’s new constitution, currently being drafted. . . . Christians, along with liberal and secularists, oppose demands by Islamists to increase the role of Shariah. The prospects of a stronger role for Islamic law in legislation increase the community’s concern of further marginalization, or of a curtailing of their rights of worship and expression.

Al Jazeera also has interesting coverage, including a group interview with scholars and representatives from the Muslim Brotherhood and the Coptic Church.

Egypt Issues Arrest Warrants for American Filmmaker and Others

According to the AP, Egyptian prosecutors have issued arrest warrants for several American citizens connected with the production and distribution of the YouTube video, “The Innocence of Muslims,” that has sparked violent protests in that country and throughout the Muslim world.  Egypt charges the defendants — who include the video’s maker and publicist, assorted Coptic Orthodox Christians, and Florida pastor Terry Jones — with “harming national unity, insulting and publicly attacking Islam, and spreading false information.” Some of the charges carry the death penalty.

What happens now? Some reports indicate that Egypt has contacted Interpol, the  international police cooperation organization in Lyon, France, for help in executing the warrants. In a press release, however, Interpol says  it has  not received any such request and that, in any case, its Constitution forbids it from undertakings “of a political, military, religious or racial character.” The strong implication: don’t expect us to help. The US and Egypt have an extradition treaty that dates back to Ottoman times, but, according to this unofficial version on the web, the treaty doesn’t cover offenses of the sort Egypt alleges here. Anyway, it’s inconceivable that the State Department would assist Egypt any more than Interpol, or that American courts would ever allow these defendants to be transferred to Cairo. Observers expect Egypt will end up trying them in absentia.