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The Politics of Islamic Law
In "The Politics of Islamic Law" political scientist Iza Hussin offers a genealogy of contemporary Islamic law, a political analysis of elite negotiations over religion, state, and society in the British colonial period, and a history of current Muslim approaches to law, state, and identity. Hussin argues that Islamic law as it is legislated and debated throughout the Muslim world today is no longer the "shari ah" as it previously existed. She shows that shari ah an uncodified and locally administered set of legal institutions and laws with wide-ranging jurisdiction was transformed (not eradicated as some have argued) during the British colonial period into a codified, state-centered system ...
Rebel Law
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
Party Politics in Southeast Asia
Contributing to the growing discourse on political parties in Asia, this book looks at parties in Southeast Asia’s most competitive electoral democracies of Indonesia, Thailand and the Philippines. It highlights the diverse dynamics of party politics in the region and provides new insights into organizational structures, mobilizational strategies and the multiple dimensions of linkages between political parties and their voters. The book focuses on the prominence of clientelistic practices and strategies, both within parties as well as between parties and their voters. It demonstrates that clientelism is extremely versatile and can take many forms, ranging from traditional, personalized re...
Islam and the State in Myanmar
Study conducted in different areas of Kāngra District, India.
The Expert Witness in Islamic Courts
Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.
Routledge Handbook of Asian Law
Law and legal institutions in East Asia's high-growth episodes -- Conclusion: East Asia, law and development, and today's developing countries -- Chapter 4: A new China model for the era post global financial crisis: Legal dimensions -- Introduction -- The East Asian model, its progeny and their problems -- The emerging post Washington, post Beijing consensus (PWBC) -- Implications of the PWBC for the China model -- The decision in light of the PWBC -- The implications of the decision for legal reforms -- Conclusion
Islam and the Rule of Justice
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a ...
The Inquisition of Francisca
Inspired by a series of visions, Francisca de los Apóstoles (1539-after 1578) and her sister Isabella attempted in 1573 to organize a beaterio, a lay community of pious women devoted to the religious life, to offer prayers and penance for the reparation of human sin, especially those of corrupt clerics. But their efforts to minister to the poor of Toledo and to call for general ecclesiastical reform were met with resistance, first from local religious officials and, later, from the Spanish Inquisition. By early 1575, the Inquisitional tribunal in Toledo had received several statements denouncing Francisca from some of the very women she had tried to help, as well as from some of her financi...
Constituting Religion
Constituting Religion examines how constitutional provisions for both Islam and liberal rights catalyze conflicts over religion in Malaysia and feed a 'rights-versus-rites' binary. This title is also available as Open Access.
The Many Hands of the State
This book offers a sampling of cutting-edge research on the state, pointing to future directions for research and providing innovative ways of theorizing states.
