Posts Tagged ‘sharia’

April 23rd, 2014

Egypt and the elusiveness of shar’iyyah

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Political legitimacy in the Arab world has often been derived from Islam. Both sharia (Islamic law) and shar’iyyah (legal, legality and legitimacy) derive from the same root word, prompting traditional Muslim scholars to argue that political legitimacy is only valid when legitimized by sharia. This explains why Mohamed Morsi’s supporters during the June 2013 conflict were identifying themselves as the camps of shar’iyyah and sharia.

The word shar’iyyah has a remarkable presence in Morsi’s public speeches. He was dedicated to its retention and faithful to its application through his last stand against the Tamarod movement that led the campaign to topple him on July 3, 2013. Shar’iyyah appears more than 70 times in Morsi’s final address to the Egyptian people, which has become known as khitabu al shar’iyyah, “the legitimacy speech.” The pro-Morsi movement opposing the current regime is known as the National Alliance for shar’iyyah. Morsi’s online legacy—whether defending him or mocking his deposed government—has also been constructed around shar’iyyah. Morsi’s critics have accused him of reducing democracy to a notion of legitimacy that relies on electoral procedures but does not necessarily guarantee a process of political pluralism.

March 10th, 2014

Egypt after the coup

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On July 3, 2013, after four days of intense public protests, Egyptian President Mohamed Morsi was removed, by force, from elected office.

December 2nd, 2013

Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law

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In his new book, Religious Pluralism and Islamic LawAnver Emon discusses Islamic legal doctrines and their implications for religious diversity and tolerance in Islamic lands.

December 11th, 2012

Debating Sharia: Islam, Gender Politics, and Family Law Arbitration

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In Debating Sharia: Islam, Gender Politics, and Family Law Arbitration, editors Anna C. Korteweg and Jennifer A. Selby gather a multidisciplinary group of academics to tackle the challenge of promoting diversity while protecting religious freedom and women’s equality.

September 11th, 2012

Religious freedom as a binding practice of suspicion

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I would like to begin with a famous case in Egypt that, though over a decade and a half old, remains salient for thinking about religious freedom. This is the apostasy case of Nasr Abu Zayd, the professor of Arabic and Islamic studies who was declared an apostate by the Egyptian courts, and whose marriage was forcibly annulled as a result. The case was raised using a highly controversial principle within Egyptian law, and much of the debate was about whether its use was acceptable within this case. This principle was called hisba, and it technically means, “the commanding of the good when its practice is manifestly neglected, and the forbidding of the detestable when its practice becomes manifest.”

August 20th, 2012

Religion and modern communication

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There has been considerable amount of research on how commodification and the Internet are transforming the religious lives of young people. For young Muslims, Internet use is an important means of building a consensus about, for example, whether the use of henna for cosmetic purposes is com­patible with Muslim tradition or whether dating and premarital intimacies are compatible with the life of a “good Muslim.” Whereas the religious sys­tem of communication in an age of revelation was hierarchical, unitary, and authoritative, the system of communicative acts in a new media environment are typically horizontal rather than vertical, diverse and fragmented rather than unitary, devolved rather than centralized. Furthermore, the authority of any message is constantly negotiable and negotiated. The growth of these diverse centers of interpretation in a global communication system has pro­duced considerable instability in the formal system of religious belief and practice.

May 7th, 2012

New guidelines are pending for Islamic financial industry

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The AAOIFI, a Bahrain-based regulatory body for Islamic financial institutions, announced that it will revise its guidelines.

April 30th, 2012

Nahda’s return to history

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The Tunisian uprisings of December 2010 are often depicted in negative terms, as lacking leadership, ideology, and political organization. Nahda (the Tunisian Islamist movement that, after decades of exile and repression, won 40 percent of the seats in the elections of October 2011) members are now accused of working to turn Tunisia into a “sharia state,” in which religious freedom, women’s rights, and freedom of expression would cease to exist. While the fears of individuals and groups who disagree with Islamists have to be taken seriously, discussion of current changes needs to be based on a real engagement, not on caricature.

April 16th, 2012

Paradoxes of “religious freedom” in Egypt

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The place of religion in the political order is arguably the most contentious issue in post-Mubarak Egypt. With Islamist-oriented parties controlling over 70 percent of seats in the new People’s Assembly and the constitution-writing process about to begin, liberals and leftists are apprehensive about the implications for Egyptian law and society, including the rights of Egypt’s millions of Coptic Christians.

April 13th, 2012

Change over time: A conversation with Robert W. Hefner

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In this installment of the Rites and Responsibilities dialogue series, I met with the Boston University anthropologist and scholar of Islam Robert W. Hefner. A world renowned expert on Muslim culture, politics, and education in Southeast Asia and beyond, Hefner is the author or co-editor of more than a dozen books, including Civil Islam: Muslims and Democratization in Indonesia and Shari‘a Politics: Law and Society in the Modern World.