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| 1 |
ID:
132964
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2014.
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| Summary/Abstract |
This paper aims to challenge the disparagement of non-state Islamic systems of law that has established firm roots in contemporary rule of law ideology and practice around the world, from India to Ontario. In this respect, rule of law ideology has tended to ignore actual mechanics and procedures of law, not only in legal venues outside the state's direct control, but also in the state's courts themselves. With respect to non-state legal venues-and especially non-state Islamic legal venues-such ideology understands and describes the practices and procedures that it finds in these non-state venues as crude and underdeveloped at best, and illiberal and in violation of the rule of law at worst. While other scholarly work has vividly demonstrated the various transformations and mutations that any state's 'ideal legal procedure' experiences as it is put into real-world practice by a state's courts and judges, this paper makes a converse move. Using a case-study focused on the circumstances and experiences of an Indian Muslim woman, 'Ayesha', who recently used a Delhi dar ul qaza to exercise her Islamic divorce rights in India, this paper demonstrates how a non-state Islamic legal venue behaves in ways which are highly evocative of rule of law ideology's idealization of state courts and how they (should) operate procedurally. In doing so, this paper provides evidence for Partha Chatterjee's thesis as to how elite and subaltern domains-understood here to be embodied in both state and non-state legal venues, respectively-are products of 'mutually conditioned historicities'. In this case, the focus is on the state's conditioning of the non-state. As a result, rule of law ideology's state-oriented critique of the (Islamic) non-state is mistaken because, as this paper demonstrates, the non-state is produced in conversation with the state; one cannot critique the one (non-state) domain without realizing how that critique implicates the other (state) domain.
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| 2 |
ID:
093228
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2009.
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| Summary/Abstract |
The status of international law and transnational legal agreements with respect to the sovereignty claims of liberal democracies has become a highly contentious theoretical and political issue. Although recent European discussions focus on global constitutionalism, there is increasing reticence on the part of many that prospects of a world constitution are neither desirable nor salutary. This article more closely considers criticisms of these legal transformations by distinguishing the nationalist from democratic sovereigntiste positions, and both, from diagnoses that see the universalization of human rights norms either as the Trojan horse of a global empire or as neocolonialist intentions to assert imperial control over the world. These critics ignore "the jurisgenerativity of law." Although democratic sovereigntistes are wrong in minimizing how human rights norms improve democratic self-rule; global constitutionalists are also wrong in minimizing the extent to which cosmopolitan norms require local contextualization, interpretation, and vernacularization by self-governing peoples.
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| 3 |
ID:
131477
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2014.
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| Summary/Abstract |
This paper examines the concept of (public) sin as well as efforts to counteract sin from the perspective of Islam. The understanding that hisba, the prohibition of vice and enjoining of virtues, are a responsibility of both the state and the community is common in historical and contemporary Muslim societies. Where the state cannot or does not provide means for countering (public) sin, the perception for some Muslims is that the responsibility on the community and individuals to do so increases. Based on ethnographic research in Britain, Nigeria, Indonesia, Malaysia, and Singapore, the paper highlights examples of how sin has been defined amongst Muslim communities as well as the methods and rationales given to justify the forbidding of sin as a collective and communal public obligation. As the world becomes more integrated, there is growing concern amongst Muslim communities that sin is becoming the norm, leading society to degeneracy, that people who would not have otherwise sinned are influenced to do so. Common features in forbidding sin across Muslim communities have appeared, often focusing on what are seen as moral issues such as dress codes, music, gambling, alcohol, smoking, and the mixing of men and women in public. The forbidding of sin has resulted in attempts to introduce "Shari'a Zones" in some predominantly Muslim areas of London, whilst in Indonesia, this has given rise to the Islamic Defenders Front and in some Northern Nigerian states to the reintroduction of the criminal codes of the Shari'a.
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| 4 |
ID:
039713
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| Publication |
London, Macmillian Press, 1988.
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| Description |
xix, 207p
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| Standard Number |
0333446682
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Copies: C:1/I:0,R:0,Q:0
Circulation
| Accession# | Call# | Current Location | Status | Policy | Location |
| 031253 | 340.59/WEE 031253 | Main | On Shelf | General | |
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| 5 |
ID:
087508
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2009.
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| Summary/Abstract |
Focusing explicitly on a political science perspective, this article argues that the inter-communal politics of personal law debates in India can be seen as a politically navigated form of identity construction. Specifically the Hindu-Muslim debates demonstrate that today, such contested matters of identity are not merely debated within national boundaries but have also taken on global dimensions which need to be accounted for. Inter-communal politics evidently have important implications for electoral politics, but manipulations of personal laws run the risk of making bad politics.
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| 6 |
ID:
106554
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2011.
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| Summary/Abstract |
British rule in South Asia transformed the economy and society of the subcontinent, in large part by revamping the status of landed property. Colonial law was founded on the notion that ostensibly religious personal law was outside state jurisdiction. The boundary between state law and personal law, however, was blurry and some elements of 'religious' law had major implications for matters at the core of colonial policy, such as property control. This ambivalence produced a scenario in which legal debates became authorised spaces for colonial subjects to pursue their agendas.
Taking the Muslim charitable trust, or waqf, in late colonial British India, this article argues that advocacy of substantive and procedural changes in waqf laws by Muslim legal activists repre-sented a pointed critique of colonial policies. Through a brief history of the articulation between charitable trusts and colonial property policies, the article draws from the work of two late colo-nial Muslim judges, Syed Ameer Ali and Faiz Badrudin Tyabji, to demonstrate the role waqf debates played in refashioning colonial legal culture. It is suggested that claims about waqf were both instrumental attempts to advance claims to property, and instances for articulating broader ideological critiques of the interpretative authority of British judges.
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| 7 |
ID:
092450
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| 8 |
ID:
132967
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2014.
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| Summary/Abstract |
This paper argues that concerns for the government appointment of qazis, officers for the administration of Muslim law, and the greater application of shari'at critically shaped Muslim community formation in later nineteenth century Punjab. Between 1865 and 1885, Punjabi Muslim elites attested the necessity of qazis being appointed by government and Muslim law being administered in the colonial judicial system. With the support of Gottlieb Leitner, registrar of the Punjab University College, Muslim parties used the emergent associations of Punjab civil society, including the Anjuman-i-Punjab (Lahore) and Anjuman-i-Islam (Lahore), to assert the indispensability of religious law. In doing so, they challenged the Anglo-Indian decision to prioritize customary law in the Punjab and advanced the religious group as the basic social unit of Punjab society. In Punjab public spaces, the relevance of Islam was proclaimed, challenging the professed Anglo-Indian distinction between private and public, religious and secular spheres. However, demands for qazi appointment and the administration of shari'at problematize well-rehearsed arguments about the relationships between family, community, state and religion in colonial Punjab. Only through an enquiry into the two decades after 1865 may later political campaigns for the application of shari'at be understood.
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| 9 |
ID:
132965
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2014.
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| Summary/Abstract |
The courtesan, the embodiment of both threat and allure, was a central figure in the moral discourses of the Muslim 'respectable' classes of colonial North India. Since women are seen as the bearers of culture, tradition, the honour of the family, community, and nation, control over women's sexuality becomes a central feature in the process of forming identity and community. As a public woman, the courtesan became the target of severe moral regulation from the mid-nineteenth century onwards. The way in which the courtesan was invoked within aesthetic, ethical, and legal domains shifted over time, and by the third decade of the twentieth century, there appeared a new way of speaking and writing about the 'fallen woman' within the Urdu public sphere. A social critique emerged which heralded the prostitute-courtesan as an ethical figure struggling against an unjust social order. Since the courtesan symbolized both elite Mughal court culture as well as its decay, she was a convenient foil for some nationalists to challenge the dominant idioms of nationalist and communitarian politics. Moreover, certain late medieval and early modern Indo-Persian ethical concepts were redeployed by twentieth century writers for 'progressive' ends. This illustrated a turn to progressive cultural politics that was simultaneously anti-colonial and anti-communitarian, while maintaining a critical posture towards the dominant idioms of Indian nationalism.
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