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Sharia and the Making of the Modern Egyptian

Sharia and the Making of the Modern Egyptian
Author: Reem A. Meshal
Publisher: Oxford University Press
Total Pages: 303
Release: 2014
Genre: History
ISBN: 9774166175

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In this book, the author examines sijills, the official documents of the Ottoman Islamic courts, to understand how sharia law, society and the early-modern economy of sixteenth- and seventeenth-century Ottoman Cairo related to the practice of custom in determining rulings. In the sixteenth century, a new legal and cultural orthodoxy fostered the development of an early-modern Islam that broke new ground, giving rise to a new concept of the citizen and his role. These issues resonate today, several centuries later, in the continuing discussions of individual rights in relation to Islamic law.


State Law as Islamic Law in Modern Egypt

State Law as Islamic Law in Modern Egypt
Author: Clark Lombardi
Publisher: BRILL
Total Pages: 319
Release: 2006-01-01
Genre: Law
ISBN: 9047404726

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This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.


Recasting Islamic Law

Recasting Islamic Law
Author: Rachel M. Scott
Publisher: Cornell University Press
Total Pages: 339
Release: 2021-03-15
Genre: Religion
ISBN: 1501753991

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By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.


Recasting Islamic Law

Recasting Islamic Law
Author: Rachel M. Scott
Publisher: Cornell University Press
Total Pages: 283
Release: 2021-03-15
Genre: Religion
ISBN: 1501753983

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By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.


The Politics of Islamic Law

The Politics of Islamic Law
Author: Iza R. Hussin
Publisher: University of Chicago Press
Total Pages: 360
Release: 2016-03-31
Genre: Law
ISBN: 022632348X

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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.


Dilemma of Applying Islamic Sharia’a Through Takhayur and Talfiq Principles in the Modern Egyptian Legal System

Dilemma of Applying Islamic Sharia’a Through Takhayur and Talfiq Principles in the Modern Egyptian Legal System
Author: Aly Abdulrahman Ahmed
Publisher:
Total Pages: 114
Release: 2016
Genre: Islamic law
ISBN:

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Abstract: For many Egyptians, the only path to modernity in the Egyptian legal system is believed to be through utilizing Islamic sharia’a. Between the nineteenth and twentieth centuries, the Egyptian legal elite worked to introduce a modern interpretation and application of Islamic sharia’a. The Islamic principles takhayur and talfiq were used to do this. While the main usage of takhayur and talfiq was to legitimize the modern legal system by maintaining the usage of Islamic sharia’a, the legal practice reached a contradictory outcome. The Courts have been unable to decide on the exact relationship between Islamic sharia’a and other legal texts. This confusion has produced ambiguity and uncertainty in legal practice. This situation of uncertainty in the legal system is inevitable because of the differences in the underlying nature and philosophy of the modern and sharia’a legal systems. Accordingly, the Egyptian legal system may require additional secular reform to reduce the uncertainty by stressing the superiority of the legal text.


In Quest of Justice

In Quest of Justice
Author: Khaled Fahmy
Publisher: Univ of California Press
Total Pages: 392
Release: 2023-02-07
Genre: History
ISBN: 0520395611

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In Quest of Justice provides the first full account of the establishment and workings of a new kind of state in Egypt in the modern period. Drawing on groundbreaking research in the Egyptian archives, this highly original book shows how the state affected those subject to it and their response. Illustrating how shari’a was actually implemented, how criminal justice functioned, and how scientific-medical knowledges and practices were introduced, Khaled Fahmy offers exciting new interpretations that are neither colonial nor nationalist. Moreover he shows how lower-class Egyptians did not see modern practices that fused medical and legal purposes in new ways as contrary to Islam. This is a major contribution to our understanding of Islam and modernity.


Feminists, Islam, and Nation

Feminists, Islam, and Nation
Author: Margot Badran
Publisher: Princeton University Press
Total Pages: 369
Release: 1996-04-01
Genre: History
ISBN: 1400821436

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The emergence and evolution of Egyptian feminism is an integral, but previously untold, part of the history of modern Egypt. Drawing upon a wide range of women's sources--memoirs, letters, essays, journalistic articles, fiction, treatises, and extensive oral histories--Margot Badran shows how Egyptian women assumed agency and in so doing subverted and refigured the conventional patriarchal order. Unsettling a common claim that "feminism is Western" and dismantling the alleged opposition between feminism and Islam, the book demonstrates how the Egyptian feminist movement in the first half of this century both advanced the nationalist cause and worked within the parameters of Islam.


Shari‘a, Inshallah

Shari‘a, Inshallah
Author: Mark Fathi Massoud
Publisher: Cambridge University Press
Total Pages: 391
Release: 2021-05-27
Genre: History
ISBN: 1108832784

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Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.


The Marriage Contract in Islamic Law in the Shari'ah and Personal Status laws of Egypt and Morocco

The Marriage Contract in Islamic Law in the Shari'ah and Personal Status laws of Egypt and Morocco
Author: Dawoud Sudqi El Alami
Publisher: BRILL
Total Pages: 198
Release: 2023-11-27
Genre: Law
ISBN: 9004632360

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This book is an analysis of the contract of marriage according to the Islamic Shari'ah and of two modern Islamic states. It examines the prerequisites for marriage, the elements which go to form the contract, the processes involved in making the contract, and the institution of marriage itself. The author expresses the essential Islamic concepts of marriage faithfully whilst making the work as accessible as possible te readers of various backgrounds. It will be of interest to legal professionals, to academics and students of Islamic law, and to those interested in Islam, the Middle East and North Africa. Useful Tables of Laws ans Cases are included.