Rebellion And Violence In Islamic Law

Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries and considers juristic responses to the various terror-inducing strategies employed by rebels including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contemporary practices. This is an important and challenging book which sheds light on the complexities of Islamic law and pre-modern attitudes to dissidence and rebellion.

Abou El Fadl (Islamic law, UCLA School of Law) wrote the 62 brief essays here over the course of five years. Through a combination of musings and critical reflections on classical Muslim authors, he both traces Muslim intellectual history and also confronts questions of ethics, faith, law, politics, culture, and modern identity. He ranges over many facets of Islam in the contemporary world, exploring censorship, political oppression, terrorism, the veil and the treatment of women, marriage, parental rights, the dynamics between law and morality, the character of the prophet Muhammad, and other topics. About half the essays first appeared in The minaret magazine. c. Book News Inc.

This is a substantially expanded edition of the author's seminal work The Authoritative and Authoritarian in Islamic Discourses: A Contemporary Case Study. Beginning with the case study of a Muslim basketball player who refused to stand up while the American national anthem was playing, the author documents the disintegration of the Islamic juristic tradition, and the prevalence of authoritarianism in contemporary Muslim discourses. The author analyzes the rise of what he describes as puritan and despotic trends in modern Islam, and asserts that such trends nullify the richness and diversity of the Islamic tradition. By declaring themselves the true soldiers of God and the defenders of religion, Muslim puritan movements are able to degrade women, eradicate critical thinking, and empty Islam of its moral content. In effect, the author argues, the self-declared protectors of Islam become its despots and oppressors who suppress the dynamism and vigor of the Islamic message. Anchoring himself in the rich Islamic jurisprudential tradition, the author argues for upholding the authoritativeness of the religious text without succumbing to authoritarian methodologies of interpretation. Ultimately, the author asserts that in order to respect the integrity of the Divine laws it is necessary to adopt rigorous analytical methodologies of interpretation, and to re-investigate the place of morality in modern Islam.

The events of September 11 and the subsequent war on terrorism have provoked widespread discussion about the possibility of democracy in the Islamic world. Such topics as the meaning of jihad, the role of clerics as authoritative interpreters, and the place of human rights and toleration in Islam have become subjects of urgent public debate around the world. With few exceptions, however, this debate has proceeded in isolation from the vibrant traditions of argument within Islamic theology, philosophy, and law. Islam and the Challenge of Democracy aims to correct this deficiency. The book engages the reader in a rich discourse on the challenges of democracy in contemporary Islam. The collection begins with a lead essay by Khaled Abou El Fadl, who argues that democracy, especially a constitutional democracy that protects basic individual rights, is the form of government best suited to promoting a set of social and political values central to Islam. Because Islam is about submission to God and about each individual's responsibility to serve as His agent on Earth, Abou El Fadl argues, there is no place for the subjugation to human authority demanded by authoritarian regimes. The lead essay is followed by eleven others from internationally respected specialists in democracy and religion. They address, challenge, and engage Abou El Fadl's work. The contributors include John Esposito, Muhammad Fadel, Noah Feldman, Nader Hashemi, Bernard Haykel, Muqtedar Khan, Saba Mahmood, David Novak, William Quandt, Kevin Reinhart, and Jeremy Waldron.

This exploration of the role of violence in the history of Islamic societies considers the subject particularly in the context of its implementation as a political strategy to claim power over the public sphere. Violence, both among Muslims and between Muslims and non-Muslims, has been the object of research in the past, as in the case of jihad, martyrdom, rebellion or criminal law. This book goes beyond these concerns in addressing, in a comprehensive and cross-disciplinary fashion, how violence has functioned as a basic principle of Islamic social and political organization in a variety of historical and geographical contexts.Contributions trace the use of violence by governments in the history of Islam, shed light on legal views of violence, and discuss artistic and religious responses. Authors lay out a spectrum of attitudes rather than trying to define an Islamic doctrine of violence. Bringing together some of the most substantive and innovative scholarship on this important topic to date, this volume contributes to the growing interest, both scholarly and general, in the question of Muslim attitudes toward violence

While jihad has been the subject of countless studies in the wake of recent terrorist attacks, scholarship on the topic has so far paid little attention to South Asian Islam and, more specifically, its place in South Asian history. Seeking to fill some gaps in the historiography, Ilyse R. Morgenstein Fuerst examines the effects of the 1857 Rebellion (long taught in Britain as the 'Indian Mutiny') on debates about the issue of jihad during the British Raj. Morgenstein Fuerst shows that the Rebellion had lasting, pronounced effects on the understanding by their Indian subjects (whether Muslim, Hindu or Sikh) of imperial rule by distant outsiders. For India's Muslims their interpretation of the Rebellion as jihad shaped subsequent discourses, definitions and codifications of Islam in the region. Morgenstein Fuerst concludes by demonstrating how these perceptions of jihad, contextualised within the framework of the 19th century Rebellion, continue to influence contemporary rhetoric about Islam and Muslims in the Indian subcontinent.Drawing on extensive primary source analysis, this unique take on Islamic identities in South Asia will be invaluable to scholars working on British colonial history, India and the Raj, as well as to those studying Islam in the region and beyond.

In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a 'true' interpretation of the rules of regulation armed conflict in Islam. In a survey of formative and modern seminal legal works on the subject, the author offers a detailed examination of the internal deductive structures of those key juristic works on the subject and elaborates on different methodological inconsistencies in them to shed light on the role played by the socio-political context in the development of Islamic jurisprudence.

Despite President George W. Bush's assurances that Islam is a peaceful religion and that all good Muslims hunger for democracy, confusion persists and far too many Westerners remain convinced that Muslims and terrorists are synonymous. In the aftermath of the attacks of 9/11, the subsequent wars in Afghanistan and Iraq, and the recent bombings in London, an unprecedented amount of attention has been directed toward Islam and the Muslim world. Yet, even with this increased scrutiny, most of the public discourse regarding Islam revolves around the actions of extremist factions such as the Wahhabis and al-Qa'ida. But what of the Islam we don't hear about? As the second-largest and fastest-growing religion in the world, Islam is deemed by more than a billion Muslims to be a source of serenity and spiritual peace, and a touchstone for moral and ethical guidance. While extremists have an impact upon the religion that is wildly disproportionate to their numbers, moderates constitute the majority of Muslims worldwide. It is this rift between the quiet voice of the moderates and the deafening statements of the extremists that threatens the future of the faith. In The Great Theft, Khaled Abou El Fadl, one of the world's preeminent Islamic scholars, argues that Islam is currently passing through a transformative period no less dramatic than the movements that swept through Europe during the Reformation. At this critical juncture there are two completely opposed worldviews within Islam competing to define this great world religion. The stakes have never been higher, and the future of the Muslim world hangs in the balance. Drawing on the rich tradition of Islamic history and law, The Great Theft is an impassioned defense of Islam against the encroaching power of the extremists. As an accomplished Islamic jurist, Abou El Fadl roots his arguments in long-standing historical legal debates and delineates point by point the beliefs and practices of moderate Muslims, distinguishing these tenets from the corrupting influences of the extremists. From the role of women in Islam to the nature of jihad, from democracy and human rights to terrorism and warfare, Abou El Fadl builds a vital vision for a moderate Islam. At long last, the great majority of Muslims who oppose extremism have a desperately needed voice to help reclaim Islam's great moral tradition.

International Law and Islam: Historical Explorationsoffers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after 'generations of prejudiced writing' regarding the notable contribution of Islam to international law and its history.

A decade after the 9/11 attacks, this groundbreaking book takes readers deep into rebellions against both autocrats and extremists that are redefining politics, culture, and security threats across the Islamic world. The awakening involves hundreds of millions of people. And the political transformations— and tectonic changes—are only beginning. Robin Wright, an acclaimed foreign correspondent and television commentator, has covered the region for four decades. She witnessed the full cycle, from extremism’s angry birth and globalization to the rise of new movements transforming the last bloc of countries to hold out against democracy. Now, in Rock the Casbah, she chronicles the new order being shaped by youthinspired revolts toppling leaders, clerics repudiating al Qaeda, playwrights and poets crafting messages of a counter-jihad, comedians ridiculing militancy, hip-hop rapping against guns and bombs, and women mobilizing for their own rights. This new counter-jihad has many goals. For some, it’s about reforming the faith. For others, it’s about reforming political systems. For most, it’s about achieving basic rights. The common denominator is the rejection of venomous ideologies and suicide bombs, plane hijackings, hostage-takings, and mass violence to achieve those ends. Wright captures a stunning moment in history, one of the region’s four key junctures—along with Iran’s revolution, Israel’s creation, and the Ottoman Empire’s collapse—in a century. The notion of a clash of civilizations is increasingly being replaced by a commonality of civilizations in the twenty-first century. But she candidly details both the possibilities and pitfalls ahead. The new counter-jihad is imaginative and defiant, but Muslim societies are also politically inexperienced and economically challenged.