Category Archives: Islamic Law

Islamism as Anti-Politics

"Arab Spring", Ethics, Islamic Law, Terrorism Issue

by Faisal Devji, Political Theology Today, August 2, 2013

I want to argue here that the term “political Islam” is in many ways a misnomer, because the Islamism that is meant to instantiate it has been unable to appropriate politics as a way of dealing with antagonism either institutionally or even in the realm of thought. Looking in particular at the form Islamism took with one of its founding figures, the twentieth century writer, and founder of the Jamaat-e Islami in both India and Pakistan, Sayyid Abul a’la Maududi. I shall claim that it is marked by the absence of politics, or rather by a failure to theorize and absorb it. And this failure, I think, results in actions by parties like the Jamaat that are merely, and sometimes violently, unprincipled or opportunistic, because in them theology always stands apart from the political, however much it may want to embrace the latter. Although the development of this kind of anti-politics is rooted in the history of colonialism and the reactions thereto by Islamist thinkers, here I discuss the paradoxical consequences of such an effort, dealing specifically with Maududi’s conception of sovereignty, in which he comes closest to advocating a “political theology”.

Having examined the legal doctrine of European sovereignty, with all its extraordinary powers, Maududi asks, “Does such sovereignty really exist within the bounds of humanity? If so, where? And who can be construed and treated as being invested with it?”[1] Sovereignty, he recognizes, can never be fully manifested in political life because it presumes a power too great to be realized, which is to say the mastery of an entire society. In fact if such a power were to be instantiated it could only lead to tyranny. The sovereign, whether king or president, was therefore unable in actuality to exercise the power vested in him, and this difference between what political theory called for and what really was the case could only result in corruption and violence, as “he who is really not sovereign, and has no right to be sovereign, whenever made so artificially cannot but use his powers unjustly.”[2] Sovereignty, then, properly belongs to God alone, who has sole decision over life and death, since to give such powers to mortals would be to create the possibility of a dictatorship. But “There is no place for any dictator in Islam. It is only before God’s command that mankind must bow without whys and wherefores.”[3] In an effort to prevent dictatorship of an individual as well as popular kind, Maududi embodies the people’s will in God while at the same times annulling it. For God here is not sovereign in any traditional ways, for instance as the “unmoved mover”, but solely as a displacement for the will of the people, which can only manifest itself by identifying with the divine will, and in doing so to un-will itself. In the Islamic state, in other words, Muslims must destroy their particularity by identifying with God’s universality. And even though Maududi never achieved his Islamic state, it was largely because of his doing that Pakistan’s constitution reserves sovereignty for God.[4] Continue reading Islamism as Anti-Politics →

Thought Police: What were they thinking?

CyberOrient, Ethics, Islamic Law, Qur'an, Saudi Arabia, Wahhabi


Celebrating Saudi Arabia’s National Day

In case you missed it, September 23 was Saudi Arabia’s National Day, the oil-driven nation’s 4th of July. Not surprisingly many people, proud of their country, took to the streets to celebrate. But what is good for the state is not necessarily seen as good for the faith, especially in the conservative Wahhabi/Salafi variety that weds tribal origin with a dogmatic theology. The tension between a strict form of Islamic practice and the diversity that instills cultural practices has always been a problem, perhaps even more so with the wealth economy that the current generation of Saudi youth has grown up in. In 1927 King Abdul Aziz established the Committee for Promotion of Virtue and The Prevention of Vice. In short this is known as the “religious police.” For those less familiar with Islamic doctrine, this relates back to the classic Quranic principle of al-amr bi- al-maÊ¿ruf wa-al-nahy Ê¿an al-munkar, generally translated as commanding right and and forbidding wrong. There is a long history about the use of this penchant phrase, analyzed in detail by Michael Cook in his Commanding Right and Forbidding Wrong in Islamic Thought (Cambridge University Press, 2010), a work of over 700 pages.

Abdullah Hamidaddin has written an interesting commentary on a recent tragedy on the Saudi National Day in which a car of religious police chased a vehicle that apparently was thought to contain two drunken men. In the chase the car careened off the road, killing the driver and his brother. The religious police fled the scene, but the chase was captured on a cell phone video. When the video was posted to social media, there was an outcry to rein in the zealous religious police. In this case it turned out the men had not been drinking.

What were these “thought police” thinking? I say “thought” rather than “religious” police, because the very nature of the committee leads to a kind of witchcraft mentality. Continue reading Thought Police: What were they thinking? →

Islamic law in Syria: the Class of 1925-26

Islamic Law, Photography, Scholars, Syria


The graduating class surrounding their professors for the University of Syria’s Institute for Arabic Law in 1925-26; for a larger image, click here

The image above shows the graduating class from the University of Syria’s Institute for Arabic Law in 1925-26. Among the professors is Fath Allah ‘Ali Adibe (top row, second from right), a graduate of al-Azhar and the grandfather of Dr. Najwa Adra. He is in the minority of professors sporting beards, although the moustache was clearly a necessity and only one of the scholars has a bare head and he is one of the few with spectacles. What is fascinating is the representation of the students, who are dressed entirely in Western suit and tie. About half have their moustache intact, with one showing a handlebar worthy of a Viennese gentleman. School graduation pictures like these are priceless. Would it not be a worthy project for someone or some school to archive these for the Middle East? Any takers out there?


The professors for the University of Syria’s Institute for Arabic Law in 1925-26; for a larger image, click here

Interpreting Shariah Law Across The Centuries

Film and Video, Islamic Law, Journalism and Media, Miniatures


An unhappy wife is complaining to the Qadi about her husband’s impotence, 18th century.

Fresh Air, NPR, April 16, 2012

Sadakat Kadri is an English barrister, a Muslim by birth and a historian. His first book, The Trial, was an extensive survey of the Western criminal judicial system, detailing more than 4,000 years of courtroom antics.

In his new book, Heaven on Earth, Kadri turns his sights east, to centuries of Shariah law. The first parts of his book describe how early Islamic scholars codified — and then modified — the code that would govern how people lead their daily lives. Kadri then turns to the modern day, reflecting on the lawmakers who are trying to prohibit Shariah law in a dozen states, as well as his encounters with scholars and imams in India, Pakistan, Syria, Egypt, Turkey and Iran — the very people who strictly interpret the religious and moral code of Islam today. And some of those modern interpretations, he says, are much more rigid — and much more draconian — than the code set forth during the early years of Islamic law. Continue reading Interpreting Shariah Law Across The Centuries →

Rape and the Gender Gape

Gender and Sexuality, Islamic Law, Qur'an

For International Women’s Day, it is important to reflect on issues that are of significant impact on women around the world. Let’s start with a beginning, the Genesis one. The original creation story familiar to Judaism, Christianity and Islam starts out with man alone. Not only is the first man not like other animals, which he has no problem naming, but he has no family: no nurturing mother, no moral father, no brothers or sisters. He was formed as a lump of clay with breath and a spirit connection to the divine. Even the presence of God, his creator father figure, was not enough for this lonely man. Surely this garden paradise was hell for the man alone.

So God put Adam to sleep, extracted a rib and fashioned a woman to be his mate. But again this was still a fool’s paradise with no other human beings around the first pair. No doubt it was less boring, but there seem to have been few challenges for the couple, since everything they needed (except clothes which were not yet fashioned) were at hand. Yes, they had each other, but apparently only as a brother and sister might. Until that fruitful day when Eve bit into the knowledge of good and evil, it must have been boring beyond belief. Disobedience by the pair, something quite normal for all children who could hardly know better, led to a disaster for the first couple, their children and all children ever after. So the story goes. Hell would now shift from the lonely boredom of Paradise to the sweat and blood reality of a world where both had to work for a living.

The gender gap, foretold in the curses on Adam and Eve, has many variants, but the vast majority of societies give the male precedence. Post Eden became a man’s world, where brother kills brother and the line of begats is male to a fault. One assumes all this begetting involved sex, but the opening chapters of Genesis are strangely silent about sex. One can understand the desire not to draw attention to the original incest, but one wonders about the libido of these descendants of Adam and Eve. By the time of Noah sex is a serious issue, one in which the “sons of God” saw that the “daughters of men” were “fair”, at least in the sense of fair game. So when we are told “And God saw that the wickedness of man was great in the earth, and that every imagination of the thoughts of his heart was only evil continually” (Genesis 6:5), we have finally arrived at and beyond what might be called the gender gape. Continue reading Rape and the Gender Gape →

What do Ordinary Egyptians want?

"Arab Spring", Anthropology/Sociology, Egypt, Islamic Law


[Editor’s Note: The following commentary is a post originally submitted to the Sociology of Islam listserv about the current debate over the proposed new Egyptian constitution. There has been an active discussion of the pros and cons of the constitution, both in Egypt and among academics abroad, as evidenced in Dr. Bamyeh’s comments.]

by Dr. Mohammed Bamyeh

I think we have been constantly losing track of, or at least are not sure about, the right question to ask. For me, the primary question has always been: what ordinary Egyptians wanted? I know that “ordinary” is a construct, but there are ways to either measure that when you can, or at least sense with reasonable evidence where the prevailing sentiments may be heading. The revolution was made by those “ordinary people,” not by professional “revolutionaries.” It would never have succeeded any other way. But within the revolution there has always been a hardcore self-identified “revolutionary camp” (which in fact was the minority) that had an inflated sense of self-importance, and thus a propensity to be easily and deeply frustrated when it did not get its way (beginning with the March 19, 2011 referendum). Out of that they developed a strong suspicion of ordinary Egyptians, but outwardly that suspicion appeared as a strong resentment of what to them appeared as a monolith called the Brotherhood. The fact that they did not afterwards hesitate to use the Supreme Constitutional Court, that bastion of the counter-revolution, as their main weapon against popular will, and do so precisely in the name of the revolution(!) is simply shameless.

The fact that they did not want to accept was that the Ikhwan won not because of any manipulation, nor because of a deal with the military, but simply because they deserved to win. I am certainly not an Islamist–in fact I would describe my political leanings as anarchist. However, the real question for me is not one of ideology, but of sociology. The force that will have most resonance after the fall of a dictatorship would naturally be one that is most organically embedded in the deep, deep fabric of society, that exists in every Egyptian village, that for more than 80 years has been doing what ordinary Egyptians have felt to be useful, practical, everyday, non-revolutionary work–mostly. In contrast, what have the leftists/secularist/liberals ever done other than issuing pamphlets and grand declarations? What have they ever done for anyone, so as to cultivate the conviction that they should be the natural leaders of a society in which they had little roots and to which they spoke as vanguardist strangers–and before the revolution, often with contempt? Continue reading What do Ordinary Egyptians want? →

A Muslim Manual of War

Books You Should Read, Islamic History, Islamic Law, Islamic Texts, Scholars, Terrorism Issue


A Muslim Manual of War
being Tafrij al-kurub fi tadbir al-hurub by ‘Umar ibn Ibrahim al-Awsi al-Ansari
Edited and translated by George T. Scanlon
Foreword by Carole Hillenbrand

Free online facsimile anniversary edition

One of the first three books published by the AUC Press after its founding in 1960 was A Muslim Manual of War, an annotated editing and translation of a hitherto little-known fifteenth-century Arabic manuscript on the art of war, prepared by George Scanlon, then embarking on his career to become one of the most respected scholars in the field of Islamic art, architecture, archaeology, and history. Now, in celebration of 50 years of the AUC Press, and in honor of Professor Scanlon’s recent retirement after an illustrious career, most recently as professor of Islamic art and architecture in the Department of Arab and Islamic Civilizations at the American University in Cairo, the AUC Press is proud to make available once again this long out-of-print book, as a freely accessible scanned facsimile with a new Introduction by the author and a Foreword by eminent scholar Carole Hillenbrand, a former student of Professor Scanlon.

Ayatollahs in America (starting in Oz, Kansas)

Bible and Holy Land, Election 2012, Film and Video, Islam and Christianity, Islam in America, Islamic Law, Islamophobia 101


A few months ago, before Big Bird got his “laid off” notice from Mitt Romney, the state of Kansas passed a law “to prevent Kansas courts or government agencies from making decisions based on Islamic or other foreign legal codes.” This passed by 33-3 in the Kansas senate and 120-0 in the Kansas House. Despite the fact that there is no indication that anyone ever tried to use Islamic sharia or any other “foreign” legal system to thwart existing law in Kansas, the legislators thought it prudent just in case. Despite the fact that the U.S. legal system does not allow any other kind of legal jurisdiction to trump it, who knows how many Muslim clerics may be thinking about moving to Kansas and issuing fatwas. Although Kansas is not the only Republican-controlled state legislature to declare jihad on Islamic law, it does have a reputation for reacting to other great moral dangers in our country, like the teaching of scientific evolution rather than creation in science classrooms. When the Cowardly Lion in The Wizard of Oz blurted out ” I *do* believe in spooks, I *do* believe in spooks. I do, I do, I do, I *do* believe in spooks, I *do* believe in spooks, I do, I do, I do, I *do*!”, who would have known how much like the Kansas legislators he was.

Perhaps the Kansas politicians think that after Iran’s Ahmadinejad spoke (and spooked, of course) at the United Nations in liberal New York City that he might turn himself into the Wicked Witch of the East and start chopping hands of thieves and stoning men and women who engage in adultery (which does not appear to have reached epidemic proportions yet in Kansas but could if more Democrats are elected). Of course, this is not about hating Islam (a religion that in some respects can look a like that of the God-fearing Mormons not far away in Utah), but to protect the women of Kansas. As Republican State Senator Susan Wagle expressed it,

“In this great country of ours and in the state of Kansas, women have equal rights,” Wagle said during the Senate’s debate. “They stone women to death in countries that have Shariah law.”

Apart from the fact that the vast majority of countries that use Islamic law do not in fact stone anyone for adultery, you never know who might cast the first stone in a state like Kansas. Continue reading Ayatollahs in America (starting in Oz, Kansas) →