This month, Routledge releases “Accommodating Muslims under Common Law: A Comparative Analysis,” by Salim Farrar (University of Sydney) and Ghena Krayem (University of Sydney). The publisher’s description follows:
The book explores the relationship between Muslims, the Common Law and Shari’ah post-9/11. The book looks at the accommodation of Shari’ah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith.
Salim Farrar and Ghena Krayem consider the question of recognition of Shari’ah by looking at how the flexibilities that exists in both the Common Law and Shari’ah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Shari’ah is not necessarily one that requires the establishment of a separate and parallel legal system.
Posted in Christina Vlahos, Scholarship Roundup
Tagged 9/11, Books, Islam, Islamic Law, Law and Religion, Religion and the Common Law, Religion in America, Religion in Australia, Religion in Canada, Secular Societies, Secular State, Shari'a Law, United Kingdom
In June, the University of Chicago Press will release “Muslims Talking Politics: Framing Islam, Democracy, and Law in Northern Nigeria,” by Brandon Kendhammer (Ohio University). The publisher’s description follows:
For generations Islamic and Western intellectuals and policymakers have debated Islam’s compatibility with democratic government, usually with few solid conclusions. But where—Brandon Kendhammer asks in this book—have the voices of ordinary, working-class Muslims been in this conversation? Doesn’t the fate of democracy rest in their hands? Visiting with community members in northern Nigeria, he tells the complex story of the stunning return of democracy to a country that has also embraced Shariah law and endured the radical religious terrorism of Boko Haram.
Kendhammer argues that despite Nigeria’s struggles with jihadist insurgency, its recent history is really one of tenuous and fragile reconciliation between mass democratic aspirations and concerted popular efforts to preserve Islamic values in government and law. Combining an innovative analysis of Nigeria’s Islamic and political history with visits to the living rooms of working families, he sketches how this reconciliation has been constructed in the conversations, debates, and everyday experiences of Nigerian Muslims. In doing so, he uncovers valuable new lessons—ones rooted in the real politics of ordinary life—for how democracy might work alongside the legal recognition of Islamic values, a question that extends far beyond Nigeria and into the Muslim world at large.
Posted in Christina Vlahos, Scholarship Roundup
Tagged Books, Democracy and Religion, Islam, Jihad, Muslims, Nigeria, Religion and Politics, Religion in Africa, Shari'a Law, Terrorism
In April, Brill will release “Sharīʿa and the Islamic State in 19th-Century Sudan: The Mahdī’s Legal Methodology and Doctrine” by Aharon Layish (Hebrew University of Jerusalem). The publisher’s description follows:
The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and “Righteous Caliphs” in Medina. As the “Successor of the Prophet”, the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and “traditions” attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna, and inspiration (ilhām) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his “legislation” as an instrument to promote his political, social and moralistic agenda.
This month, Cambridge University Press will release “Shari’a in the Modern Era: Muslim Minorities Jurisprudence” by Iyad Zahalka (Chief Judge, Shari’a Court, Jerusalem). The publisher’s description follows:
Written by the Qadi (judge) of the Shari’a Court of Jerusalem and former director of the Shari’a Court system in Israel, this book offers a unique perspective on the religious law of Muslim minorities living in the West. Specifically, it explores the fiqh al-aqalliyyāt doctrine of religious jurisprudence developed by modern Islamic jurists to resolve the challenges of maintaining cultural and religious identity in majority non-Muslim societies. The author examines possible applications across numerous cultural and geographical contexts, answering such questions as: what are the rules for assuming political and public roles, and should one deposit money that incurs interest? Building on a growing scholarship, this book aims to resolve points of view and facets of religious law that have been neglected by previous studies. Accessibly written, Shari’a in the Modern Era is designed to promote cross-cultural understanding among readers of all faiths.
In March, the Princeton University Press will release “On British Islam: Religion, Law, and Everyday Practice in Shari’a Councils,” by John R. Bowen (Washington University in St. Louis). The publisher’s description follows:
On British Islam examines the history and everyday workings of Islamic institutions in Britain, with a focus on shari’a councils. These councils
concern themselves with religious matters, especially divorce. They have a higher profile in Britain than in other Western nations. Why? Taking a historical and ethnographic look at British Islam, John Bowen examines how Muslims have created distinctive religious institutions in Britain and how shari’a councils interpret and apply Islamic law in a secular British context.
Bowen focuses on three specific shari’a councils: the oldest and most developed, in London; a Midlands community led by a Sufi saint and barrister; and a Birmingham-based council in which women play a leading role. Bowen shows that each of these councils represents a prolonged, unique experiment in meeting Muslims’ needs in a Western country. He also discusses how the councils have become a flash point in British public debates even as they adapt to the English legal environment.
On British Islam highlights British Muslims’ efforts to create institutions that make sense in both Islamic and British terms. This balancing act is rarely acknowledged in Britain—or elsewhere—but it is urgent that we understand it if we are to build new ways of living together.
In March, the University of Chicago Press will release “The Politics of Islamic Law: Local Elites, Colonial Authority, and the Making of the Muslim State,” by Iza R. Hussin (University of Cambridge). The publisher’s description follows:
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and
transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter.
Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
In October, The Islamic Texts Society released “Copyright in Islamic Law” by Mohamed Ahdash (Muslim College, London). The publisher’s description follows:
Copyright in Islamic Law is the first work in English to systematically address the ideas of intellectual property and copyright from an Islamic perspective. The author builds a framework from within Shari’a law to address the concepts of intellectual property and copyright. In so doing, he adopts the classical usul al-fiqh approach by firstly defining the key terms associated with the field, namely: right (haq), ownership (milkiyya), wealth (mal), and utility (manfa’a). Dr Ahdash then analyses how these terms are used in the Qur’an and in the Hadith before looking at how the secondary sources of qiyas (analogy), maslaha (public interest), ‘urf (custom) and al-qawa’id al-fiqhiyya (legal maxims) can be applied to copyright. The result of this study is a framework wherein the concept of copyright is defined and understood in an Islamic manner. This then gives a consistent approach from which specific rulings can be derived. Copyright in Islamic Law is a ground-breaking study not only within Shari’a law, but also by making a contribution to the on-going debates on copyright in general.
In August, Edinburgh University Press released “Contemporary Issues in Islam” by Asthma Afsaruddin (Indiana University). The publisher’s description follows:
Key ‘hot-button’ contemporary issues in Islam, often at the centre of public scrutiny, are the focus of this book. By placing the discussion of topics such as the Shari’a, jihad, the caliphate, women’s status and interfaith relations within a longer historical framework, Contemporary Issues in Islam reveals their multiple interpretations and contested applications over time.
Most public – and occasionally academic – discourses in the West present the Islamic tradition as unchanging and therefore unable to respond to the modern world. Such an ahistorical approach can foster the belief that Muslim-majority and Western societies are destined to clash. This book reveals instead the diversity and transformations within Islamic thought over time. Focusing on this internal diversity permits us to appreciate the scriptural and intellectual resources available within the Islamic tradition for responding to the challenges of modernity, even as this tradition interrogates and shapes modernity itself.
In August, Ashgate will release “Legal Pluralism in the Holy City: Competing Courts, Forum Shopping, and Institutional Dynamics in Jerusalem” by Ido Shahar (University of Haifa, Israel). The publisher’s description follows:
This book provides an unprecedented portrayal of a lively shari’a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.
Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions.
The book offers fresh perspectives on the phenomenon of legal pluralism, on shari’a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.
In April, Ashgate Publishing will release “Muslim Families, Politics and the Law: A Legal Industry in Multicultural Britain” by Ralph Grillo (University of Sussex, UK). The publisher’s description follows:
Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about ‘other’ cultural and religious beliefs and practices and limits to their accommodation.
This book focuses principally on Muslim families and on the way in which gender relations and associated questions of (women’s) agency, consent and autonomy, have become the focus of political and social commentary, with followers of the religion under constant public scrutiny and criticism. Practices concerning marriage and divorce are especially controversial and the book includes a detailed overview of the public debate about the application of Islamic legal and ethical norms (Shari’a) in family law matters, and the associated role of Shari’a councils, in a British context.
In short, Islam generally and the Muslim family in particular have become highly politicized sites of contestation, and the book considers how and why and with what implications for British multiculturalism, past, present and future. The study will be of great interest to international scholars and academics researching the governance of diversity and the accommodation of other faiths including Islam.