Islam, Sovereignty, and the Rule of Law in Modern Egypt

Author: Hussein Ali Agrama

Publisher: University of Chicago Press

ISBN: 0226010708

Category: Social Science

Page: 288

View: 3112

The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations’ secular identities. But what, exactly, is secularism? What has the West’s long familiarity with it inevitably obscured? In Questioning Secularism, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart. Drawing on a precedent-setting case arising from the family law courts —the last courts in Egypt to use Shari‘a law—Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism’s dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, Questioning Secularism lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.
Read More

Islam, Sovereignty, and the Rule of Law in Modern Egypt

Author: Hussein Ali Agrama

Publisher: University of Chicago Press

ISBN: 0226010686

Category: Law

Page: 281

View: 2436

The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations’ secular identities. But what, exactly, is secularism? What has the West’s long familiarity with it inevitably obscured? In Questioning Secularism, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart. Drawing on a precedent-setting case arising from the family law courts —the last courts in Egypt to use Shari‘a law—Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism’s dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, Questioning Secularism lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.
Read More

Islam, Sovereignty, and the Rule of Law in Modern Egypt

Author: Hussein Ali Agrama

Publisher: University of Chicago Press

ISBN: 9780226010694

Category: Social Science

Page: 296

View: 5249

The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations’ secular identities. But what, exactly, is secularism? What has the West’s long familiarity with it inevitably obscured? In Questioning Secularism, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart. Drawing on a precedent-setting case arising from the family law courts —the last courts in Egypt to use Shari‘a law—Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism’s dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, Questioning Secularism lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.
Read More

Hybridity, Law and Gender

Author: Elizabeth H Shlala

Publisher: Routledge

ISBN: 1351859552

Category: History

Page: 152

View: 9547

Law and identification transgressed political boundaries in the nineteenth-century Levant. Over the course of the century, Italo-Levantines- elite and common- exercised?a strategy of?resilient hybridity whereby an unintentional form of legal imperialism took root in Egypt.?? This book contributes to a vibrant strand of global legal history that places law and other social structures at the heart of competing imperial projects- British, Ottoman, Egyptian, and Italian among them.?Analysis of the Italian consular?and mixed court cases, and diplomatic records, in Egypt and Istanbul?reveals the complexity of shifting identifications and judicial reform in two parts of the interactive and competitive plural legal regime.?The rich court records?show?that binary relational categories fail to capture the complexity of the daily lives of the residents and courts of the late Ottoman empire.?Over time and acting in their own self-interests, these actors exploited?the plural legal regime.?Case studies in both Egypt and Istanbul explore how identification developed as a legal form of property itself.? Whereas the?classical literature emphasized?external state power politics, this book builds upon new?work in the field that shows the interaction of external and?internal power struggles?throughout the?region?led?to assorted forms of confrontation, collaboration, and negotiation?in the region.?It?will be of interest to students, scholars, and readers of Middle East, Ottoman,?and Mediterranean history.?It will also appeal to anyone wanting to know more about?cultural history in the nineteenth century, and?the historical roots of contemporary global debates on law, migration, and identities.?
Read More

Local Elites, Colonial Authority, and the Making of the Muslim State

Author: Iza R. Hussin

Publisher: University of Chicago Press

ISBN: 022632348X

Category: Political Science

Page: 352

View: 3598

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.
Read More

Power and Popular Culture in Early Modern Japan

Author: Katsuya Hirano

Publisher: University of Chicago Press

ISBN: 022606073X

Category: History

Page: 304

View: 4926

In The Politics of Dialogic Imagination, Katsuya Hirano seeks to understand why, with its seemingly unrivaled power, the Tokugawa shogunate of early modern Japan tried so hard to regulate the ostensibly unimportant popular culture of Edo (present-day Tokyo)—including fashion, leisure activities, prints, and theater. He does so by examining the works of writers and artists who depicted and celebrated the culture of play and pleasure associated with Edo’s street entertainers, vagrants, actors, and prostitutes, whom Tokugawa authorities condemned to be detrimental to public mores, social order, and political economy. Hirano uncovers a logic of politics within Edo’s cultural works that was extremely potent in exposing contradictions between the formal structure of the Tokugawa world and its rapidly changing realities. He goes on to look at the effects of this logic, examining policies enacted during the next era—the Meiji period—that mark a drastic reconfiguration of power and a new politics toward ordinary people under modernizing Japan. Deftly navigating Japan’s history and culture, The Politics of Dialogic Imaginationprovides a sophisticated account of a country in the process of radical transformation—and of the intensely creative culture that came out of it.
Read More

Author: William Mazzarella

Publisher: University of Chicago Press

ISBN: 022643639X

Category: Social Science

Page: 224

View: 2819

We often invoke the “magic” of mass media to describe seductive advertising or charismatic politicians. In The Mana of Mass Society, William Mazzarella asks what happens to social theory if we take that idea seriously. How would it change our understanding of publicity, propaganda, love, and power? Mazzarella reconsiders the concept of “mana,” which served in early anthropology as a troubled bridge between “primitive” ritual and the fascination of mass media. Thinking about mana, Mazzarella shows, means rethinking some of our most fundamental questions: What powers authority? What in us responds to it? Is the mana that animates an Aboriginal ritual the same as the mana that energizes a revolutionary crowd, a consumer public, or an art encounter? At the intersection of anthropology and critical theory, The Mana of Mass Society brings recent conversations around affect, sovereignty, and emergence into creative contact with classic debates on religion, charisma, ideology, and aesthetics.
Read More

Author: Robert W. Hefner

Publisher: Indiana University Press

ISBN: 0253022606

Category: Religion

Page: 312

View: 2498

Many Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of shari`a law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.
Read More

Freedom and Fetish in the Mission Encounter

Author: Webb Keane

Publisher: Univ of California Press

ISBN: 9780520939219

Category: Religion

Page: 336

View: 3192

Across much of the postcolonial world, Christianity has often become inseparable from ideas and practices linking the concept of modernity to that of human emancipation. To explore these links, Webb Keane undertakes a rich ethnographic study of the century-long encounter, from the colonial Dutch East Indies to post-independence Indonesia, among Calvinist missionaries, their converts, and those who resist conversion. Keane's analysis of their struggles over such things as prayers, offerings, and the value of money challenges familiar notions about agency. Through its exploration of language, materiality, and morality, this book illuminates a wide range of debates in social and cultural theory. It demonstrates the crucial place of Christianity in semiotic ideologies of modernity and sheds new light on the importance of religion in colonial and postcolonial histories.
Read More

Muslim French and the Contradictions of Secularism

Author: Mayanthi L. Fernando

Publisher: Duke University Press

ISBN: 0822376288

Category: Social Science

Page: 328

View: 4507

In 1989 three Muslim schoolgirls from a Paris suburb refused to remove their Islamic headscarves in class. The headscarf crisis signaled an Islamic revival among the children of North African immigrants; it also ignited an ongoing debate about the place of Muslims within the secular nation-state. Based on ten years of ethnographic research, The Republic Unsettled alternates between an analysis of Muslim French religiosity and the contradictions of French secularism that this emergent religiosity precipitated. Mayanthi L. Fernando explores how Muslim French draw on both Islamic and secular-republican traditions to create novel modes of ethical and political life, reconfiguring those traditions to imagine a new future for France. She also examines how the political discourses, institutions, and laws that constitute French secularism regulate Islam, transforming the Islamic tradition and what it means to be Muslim. Fernando traces how long-standing tensions within secularism and republican citizenship are displaced onto France's Muslims, who, as a result, are rendered illegitimate as political citizens and moral subjects. She argues, ultimately, that the Muslim question is as much about secularism as it is about Islam.
Read More

Law, Empire, and Secularism in Modern South Asia

Author: Julia Stephens

Publisher: Cambridge University Press

ISBN: 1107173914

Category: History

Page: 230

View: 1542

Stephens argues that encounters between Islam and British colonial rule in South Asia were fundamental to the evolution of modern secularism.
Read More

Author: Ioana Cismas

Publisher: OUP Oxford

ISBN: 019102189X

Category: Law

Page: 440

View: 8346

This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.
Read More

A Brief History of Humankind

Author: Yuval Noah Harari

Publisher: Harper Collins

ISBN: 0062316109

Category: Science

Page: 464

View: 3053

New York Times Bestseller A Summer Reading Pick for President Barack Obama, Bill Gates, and Mark Zuckerberg From a renowned historian comes a groundbreaking narrative of humanity’s creation and evolution—a #1 international bestseller—that explores the ways in which biology and history have defined us and enhanced our understanding of what it means to be “human.” One hundred thousand years ago, at least six different species of humans inhabited Earth. Yet today there is only one—homo sapiens. What happened to the others? And what may happen to us? Most books about the history of humanity pursue either a historical or a biological approach, but Dr. Yuval Noah Harari breaks the mold with this highly original book that begins about 70,000 years ago with the appearance of modern cognition. From examining the role evolving humans have played in the global ecosystem to charting the rise of empires, Sapiens integrates history and science to reconsider accepted narratives, connect past developments with contemporary concerns, and examine specific events within the context of larger ideas. Dr. Harari also compels us to look ahead, because over the last few decades humans have begun to bend laws of natural selection that have governed life for the past four billion years. We are acquiring the ability to design not only the world around us, but also ourselves. Where is this leading us, and what do we want to become? Featuring 27 photographs, 6 maps, and 25 illustrations/diagrams, this provocative and insightful work is sure to spark debate and is essential reading for aficionados of Jared Diamond, James Gleick, Matt Ridley, Robert Wright, and Sharon Moalem.
Read More

An Ethnography of Sudan's Islamic State

Author: Noah Salomon

Publisher: Princeton University Press

ISBN: 1400884292

Category: Social Science

Page: 264

View: 5169

For some, the idea of an Islamic state serves to fulfill aspirations for cultural sovereignty and new forms of ethical political practice. For others, it violates the proper domains of both religion and politics. Yet, while there has been much discussion of the idea and ideals of the Islamic state, its possibilities and impossibilities, surprisingly little has been written about how this political formation is lived. For Love of the Prophet looks at the Republic of Sudan's twenty-five-year experiment with Islamic statehood. Focusing not on state institutions, but rather on the daily life that goes on in their shadows, Noah Salomon’s careful ethnography examines the lasting effects of state Islamization on Sudanese society through a study of the individuals and organizations working in its midst. Salomon investigates Sudan at a crucial moment in its history—balanced between unity and partition, secular and religious politics, peace and war—when those who desired an Islamic state were rethinking the political form under which they had lived for nearly a generation. Countering the dominant discourse, Salomon depicts contemporary Islamic politics not as a response to secularism and Westernization but as a node in a much longer conversation within Islamic thought, augmented and reappropriated as state projects of Islamic reform became objects of debate and controversy. Among the first books to delve into the making of the modern Islamic state, For Love of the Prophet reveals both novel political ideals and new articulations of Islam as it is rethought through the lens of the nation.
Read More

A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present

Author: Jan Michiel Otto

Publisher: Amsterdam University Press

ISBN: 9087280572

Category: Law

Page: 676

View: 1133

"Sharia Incorporated is an ambitious study of how Islamic law traditions have been incorporated into the national legal systems throughout the Muslim world. Both puritan Islamists and Western alarmists tend to oversimplify and misrepresent the role and position of sharia. In response, this book takes stock of the actual legal positions, putting them into their socio-political and historical contexts. The twelve country chapters, each written by laudable international scholars speak to the historical evolution of Islamic, legal, and political ideas and practices. They consider the key legal issues raised by the 'Islamic awakening' of recent decades. Otto's conclusion presents the main findings of this unique comparative study and explains why the incorporation of sharia is such a thorny governance problem for an government in today's Muslim world. It is intended that this wealth of facts and analyses contributes to current debates on sharia, law, and politics"--Publisher's description, p. [4] of cover.
Read More

Author: Clifford Geertz

Publisher: Basic Books

ISBN: 0465093566

Category: Social Science

Page: 576

View: 3368

In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.
Read More

Author: M. Hakan Yavuz

Publisher: Oxford University Press

ISBN: 0190289651

Category: Religion

Page: 351

View: 7738

In November of 2002, the Justice and Development Party swept to victory in the Turkish parliamentary elections. Because of the party's Islamic roots, its electoral triumph has sparked a host of questions both in Turkey and in the West: Does the party harbor a secret Islamist agenda? Will the new government seek to overturn nearly a century of secularization stemming from Kemal Atat?rk's early-twentieth-century reforms? Most fundamentally, is Islam compatible with democracy? In this penetrating work, M. Hakan Yavuz seeks to answer these questions, and to provide a comprehensive analysis of Islamic political identity in Turkey. He begins in the early twentieth century, when Kemal Atat?rk led Turkey through a process of rapid secularization and crushed Islamic opposition to his authoritarian rule. Yavuz argues that, since Atat?rk's death in 1938, however, Turkey has been gradually moving away from his militant secularism and experiencing "a quiet Muslim reformation." Islamic political identity is not homogeneous, says Yavuz, but can be modern and progressive as well as conservative and potentially authoritarian. While the West has traditionally seen Kemalism as an engine for reform against "reactionary" political Islam, in fact the Kemalist establishment has traditionally used the "Islamic threat" as an excuse to avoid democratization and thus hold on to power. Yavuz offers an account of the "soft coup" of 1997, in which the Kemalist military-bureaucratic establishment overthrew the democratically elected coalition government, which was led by the pro-Islamic Refah party. He argues that the soft coup plunged Turkey into a renewed legitimacy crisis which can only be resolved by the liberalization of the political system. The book ends with a discussion of the most recent election and its implications for Turkey and the Muslim world. Yavuz argues that Islamic social movements can be important agents for promoting a democratic and pluralistic society, and that the Turkish example holds long term promise for the rest of the Muslim world. Based on extensive fieldwork and interviews, this work offers a sophisticated new understanding of the role of political Islam in one of the world's most strategically important countries.
Read More

Arab Basic Laws and the Prospects for Accountable Government

Author: Nathan J. Brown

Publisher: SUNY Press

ISBN: 079148968X

Category: History

Page: 260

View: 8513

Uses the Arab experience to explain the appeal of constitutional documents to authoritarian political regimes.
Read More

Author: Steven D. Smith

Publisher: Harvard University Press

ISBN: 0674730135

Category: Law

Page: 240

View: 6742

Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.
Read More

Author: Joan Wallach Scott

Publisher: Princeton University Press

ISBN: 1400888581

Category: History

Page: 256

View: 980

How secularism has been used to justify the subordination of women Joan Wallach Scott’s acclaimed and controversial writings have been foundational for the field of gender history. With Sex and Secularism, Scott challenges one of the central claims of the “clash of civilizations” polemic—the false notion that secularism is a guarantee of gender equality. Drawing on a wealth of scholarship by second-wave feminists and historians of religion, race, and colonialism, Scott shows that the gender equality invoked today as a fundamental and enduring principle was not originally associated with the term “secularism” when it first entered the lexicon in the nineteenth century. In fact, the inequality of the sexes was fundamental to the articulation of the separation of church and state that inaugurated Western modernity. Scott points out that Western nation-states imposed a new order of women’s subordination, assigning them to a feminized familial sphere meant to complement the rational masculine realms of politics and economics. It was not until the question of Islam arose in the late twentieth century that gender equality became a primary feature of the discourse of secularism. Challenging the assertion that secularism has always been synonymous with equality between the sexes, Sex and Secularism reveals how this idea has been used to justify claims of white, Western, and Christian racial and religious superiority and has served to distract our attention from a persistent set of difficulties related to gender difference—ones shared by Western and non-Western cultures alike.
Read More