Anver Emon

Anver M. Emon is Professor of Law and Canada Research Chair in Religion, Pluralism and the Rule of Law at the University of Toronto. His research focuses on premodern and modern Islamic legal history and theory; premodern modes of governance and adjudication; and the role of Shari'a both inside and outside the Muslim world. A 2014 Guggenheim Fellow in the field of law, is the author of Islamic Natural Law Theories (Oxford University Press, 2010), and Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law (Oxford University Press, 2012), as well as the co-editor of Islamic Law and International Human Rights Law: Searching for Common Ground? (Oxford University Press, 2012). He is the founding editor of Middle East Law and Governance: An Interdisciplinary Journal, and series editor of the Oxford Islamic Legal Studies Series.

Posts by Anver Emon:

Thursday, May 11th, 2017

From the Founders to Trump: The legalities of “Muslims”

Thomas Jefferson's Qur'anWriting about the image of the “Muslim” at America’s founding, Denise Spellberg writes how debates on religious tests for office were informed by European ideas about Muslims. As Spellberg points out, the delegates debating religious tests relied on ideas about Muslims that “had been filtered through a complex web of associations both foreign and frightening, as attested by their persistent allusions to Islam as a civilization of threat.” Without irony, slave-holding delegates debating religious tests construed the “Muslim” and the “Islamic” by reference to “Ottoman despotism or the predations of the four pirate states of North Africa,” despite the likelihood that “they themselves may have lived in proximity to real Muslims of West African origin, for whom they were the oppressors.” The Founding Fathers who debated the hypothetical of a Muslim president of the United States relied on inherited images of the “Muslim” as foreign, distant, and threatening, despite the fact that Muslims worked as slaves for those same men.

This irony continues to haunt me today, as I reflect on Islam as imagined by medieval Europeans at the same time that I watch the Trump administration construe the “Muslim” and the “Islamic.” Today’s irony, though, takes on different aspects in the two executive orders that are characterized as Muslim bans, an irony with a long, distant pedigree.

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Monday, November 21st, 2016

Islamic and Jewish Legal Reasoning: An introduction

Islamic and Jewish Legal ReasoningIslamic and Jewish Legal Reasoning: Encountering Our Legal Other is a curious book, in part because it came out of a working group that seemed the least likely vehicle for producing a collection of articles in book form. For five years, sponsored by the University of Toronto and Canada’s Social Science and Humanities Research Council, approximately six Rabbinic law scholars and six Islamic law scholars sat around a table with various legal texts from their respective traditions and talked, discussed, and queried.

As a protocol of discussion, we would have the scholar of one tradition introduce the text of the other tradition. In other words, a Rabbinic scholar would introduce the Islamic legal text, and the Islamic law scholar would introduce the Rabbinic text. This process precluded anyone from claiming expertise over what the text “says,” and instead created a space of openness, engagement, and even play. The endeavor was not designed to make us into scholars of our tradition’s Other, but rather to experience (in the most robust sense of that word) the encounter with our legal tradition’s Other.

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Friday, March 27th, 2015

Is ISIS Islamic? Why it matters for the study of Islam

Recent months have witnessed considerable angst in the academy over what is and isn’t Islam(ic). Spurred by events from the attacks in Paris to Graeme Wood’s Atlantic article on ISIS, scholars of Islam have agonized over whether and how to apply the label “Islamic” or “Muslim” to characterize recent events. Reviewing various commentaries, there is a limited range of arguments that, by proffering competing positivist accounts of the Islamic, thereby play into a climate of moral panic about the threat Islam poses to domestic and international orders. By playing into the moral panic, such arguments, in the aggregate, preclude both critical interrogation of the scholarly production on Islam and Muslims and reflection on the possible contribution Islamic studies can make to advanced research more broadly.

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Tuesday, September 6th, 2011

Banning Shari‘a

Ten years after 9/11, Americans cope with insecurity in their day-to-day welfare at home, while contending with continued warnings of an ominous threat of violence from abroad. With all this insecurity, it is perhaps quite predictable that features of the national discourse posit a crisis of existential proportion, hitting the very fabric of our being as a nation and a people. Simply to posit that there is a crisis is not enough; a crisis begs to be resolved, to be stymied, to be put right once again. To do that, though, requires identifying and locating the source of that crisis. With al-Qaeda both everywhere and nowhere, and the challenges in Afghanistan and Iraq too complex for most of us to understand, our attention turns to the nearest, most apparent and obvious site that represents that threat.

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