Food trucks announcing "halal" proliferate in many urban areas but how many non-Muslims know what this means, other than cheap lunch? Here Middle Eastern historians Febe Armanios and Bogac Ergene provide an accessible introduction to halal (permissible) food in the Islamic tradition, exploring what halal food means to Muslims and how its legal and cultural interpretations have changed in different geographies up to the present day. Historically, Muslims used food to define their identities in relation to co-believers and non-Muslims. Food taboos are rooted in the Quran and prophetic customs, as well as writings from various periods and geographical settings. As in Judaism and among certain Christian sects, Islamic food traditions make distinctions between clean and impure, and dietary choices and food preparation reflect how believers think about broader issues. Traditionally, most halal interpretations focused on animal slaughter and the consumption of intoxicants. Muslims today, however, must also contend with an array of manufactured food products-yogurts, chocolates, cheeses, candies, and sodas-filled with unknown additives and fillers. To help consumers navigate the new halal marketplace, certifying agencies, government and non-government bodies, and global businesses vie to meet increased demands for food piety. At the same time, blogs, cookbooks, restaurants, and social media apps have proliferated, while animal rights and eco-conscious activists seek to recover halal's more wholesome and ethical inclinations. Covering practices from the Middle East and North Africa to South Asia, Europe, and North America, this timely book is for anyone curious about the history of halal food and its place in the modern world.

This book offers a new theoretical perspective on the thought of the great fifteenth-century Egyptian polymath, Jalal al-Din al-Suyuti (d. 1505). In spite of the enormous popularity that al-Suyuti's works continue to enjoy amongst scholars and students in the Muslim world, he remains underappreciated by western academia. This project contributes to the fields of Mamluk Studies, Islamic Studies, and Middle Eastern Studies not only an interdisciplinary analysis of al-Suyuti's legal writing within its historical context, but also a reflection on the legacy of the medieval jurist to modern debates. The study highlights the discursive strategies that the jurist uses to construct his own authority and frame his identity as a superior legal scholar during a key transitional moment in Islamic history. The approach aims for a balance between detailed textual analysis and 'big picture' questions of how legal identity and religious authority are constructed, negotiated and maintained. Al-Suyuti's struggle for authority as one of a select group of trained experts vested with the moral responsibility of interpreting God's law in society finds echoes in contemporary debates, particularly in his native land of Egypt. At a time when increasing numbers of people in the Arab world have raised their voices to demand democratic forms of government that nevertheless stay true to the principles of Shari'a, the issue of who has the ultimate authority to interpret the sources of law, to set legal norms, and to represent the 'voice' of Shari'a principles in society is still in dispute.

In Coercion and Responsibility in Islam, Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the cases of rape and murder. Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems.

What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.

Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples (in the early modern age), Western 'civil' peoples (in the nineteenth century), and 'developed' peoples (at the beginning of the twentieth century), and now to democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law.

Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

This book looks at fatwa in Indonesia during the period following the fall of President Suharto. It is an in-depth exploration of three fatwa-making agencies-Majelis Ulama Indonesia, Lajnah Bahth al-Masail Nahdlatul Ulama, and Majelis Tarjih Muhammadiyah-all of which are highly influential in shaping religious thought and the lives of Muslims in Indonesia. Rather than look at all the fatwa that have emerged in the period, Pradana Boy ZTF focuses on those that have strong repercussions for intra-community relations and the development of Indonesian Muslims more generally, including fatwa pertaining to sectarianism, pluralism, secularism and liberalism.

Winner, 2018 CCCC Outstanding Book Award Sulh is a centuries-old Arab-Islamic peacemaking process. In Shades of Sulh, Rasha Diab explores the possibilities of the rhetoric of sulh, as it is used to resolve intrapersonal, interpersonal, communal, national, and international conflicts, and provides cases that illustrate each of these domains. Diab demonstrates the adaptability and range of sulh as a ritual and practice that travels across spheres of activity (juridical, extra-juridical, political, diplomatic), through time (medieval, modern, contemporary), and over geopolitical borders (Cairo, Galilee, and Medina). Together, the cases prove the flexibility of sulh in the discourse of peacemaking-and that sulh has remarkable rhetorical longevity, versatility, and richness. Shades of Sulh sheds new light on rhetorics of reconciliation, human rights discourse, and Arab-Islamic rhetorics.

Is there a truly Arab feminist movement? Is there such a thing as 'Islamic' feminism? What does it meant to be a 'feminist' in the Arab World today? Does it mean grappling with the main theoretical elements of the movement? Or does it mean involvement at the grassroots level with everyday activism? This book examines the issues and controversies that are hotly debated and contested when it comes to the concept of feminism and gender in Arab society today. It offers explorations of the theoretical issues at play, the latest developments of feminist discourse, literary studies and sociology, as well as empirical data concerning the situation of women in Arab countries, such as Iraq and Palestine. It is certainly not surprising that when looking at the situation on the ground in many countries of the Arab World- particularly Palestine, Iraq and Lebanon, as well as Sudan- issues of war, civil conflict, military occupation and imperialism often override those of gender. The place of feminism in this context is extremely problemati, as nationalist, sectarian, religious and class interests- not to mention the interests of occupation authorities and the resistance movements that oppose them- supersede feminism as a public concern, even among many women. Arab feminists are thus either co-opted by these interests or find themselves in the frustrating position of negotiating their way through a minefield of contradictory imperatives and loyalties. Arab Feminisms examines these contexts and sheds light upon the difficult position in which feminists often find themselves. It looks at different social and political situations, such as the development of Palestinian feminist discourse in a post-Oslo world, the impact of the civil war in Lebanon on women, and Kuwaiti women's struggles for equality. This book therefore offers valuable theoretical analysis as well as indispensable first-hand accounts of feminism in the Arab World for those researching gender relations in the Middle East and beyond.

The central question of the Arab Spring - what democracies should look like in the deeply religious countries of the Middle East - has developed into a vigorous debate over these nations' secular identities. But what, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In "Questioning Secularism", Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart. Drawing on a precedent-setting case arising from the family law courts - the last courts in Egypt to use Shari'a law - Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism's dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, "Questioning Secularism" lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.

This title examines the usefulness, challenges and limits of ijtihad for Muslims today. The resurgence of Islam, geopolitical crises involving Muslim nations, violence associated with Islam and the immigration of millions of Muslims to Western countries have generated a strong interest in understanding Islamic law. The challenges of these new realities have impressed upon Muslims the need to rethink classical jurisprudence and a powerful contemporary ijtihad - the process of making a legal decision by independent interpretation of the legal sources. This book explores the limits and controversies of this development in the context of the diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents including Europe and North America. This title explains diverse bodies of Islamic law including fiqh, qanun and siyar. It supplements Arabic terms from the Basic Code with English substitutes. It analyses the forces shaping contemporary ijtihadPresents a jurisprudential guide suitable for jurists, judges, national legislatures, and teachers and students and law and Islamic studies.

An exploration of family law as it pertains to women with regard to marriage, divorce and inheritance in the Middle East. This second edition is revised to expand and update coverage of family law reforms that have taken place throughout the Middle East, North Africa, and South and Southeast Asia. It focuses on the historical and legal context for reform, and the methodology and extent of contemporary legal trends, particularly in Egypt and Pakistan.

The doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur'an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.

Although often neglected in the literature on Islamic law, contemporary Indonesia is an especially rich source of insight into the diverse understandings and uses of the Islamic legal tradition in the modern world. Indonesian Muslims are engaged in vibrant and far-reaching debates over the terms, relevance, and developmental limits of Islamic law, and Indonesia is home to a variety of dynamic state and non-state institutional structures for the generation and application of Islamic doctrine. The essays in this volume provide focused examinations of the internal dynamics of intellectual and institutional elements of Islamic law in modern Indonesia in its recent formations. The first five chapters address issues relating to Islamic legal theory, both its historical development over the past century and analysis of the work of specific groups of contemporary scholars, jurists, and activists. The final seven chapters contain studies of more concrete manifestations of Islamic law in modern Indonesia, including court systems, positive law, the drafting of new "Islamic" legislation, and contemporary debates over the implementation of the Shari'a. Taken together these essays offer a series of substantive introductions to important developments in both the theory and practice of law in the world's most populous Muslim society.

Muhammad ibn Idris al-Shafi'i (767-820) was one of Islam's foundational legal thinkers. Shafi'i considered law vital to social and cosmic order: the key obligation of each Muslim was to obey God, and it was through knowing and following the law that human beings fulfilled this duty. Drawing on the most recent scholarship on Shafi'i's work as well as her own investigations into his life and writings, Kecia Ali explores Shafi'i's innovative ideas about the nature of revelation and the necessary if subordinate role of human reason in extrapolating legal rules from revealed texts. This study sketches his life in his intellectual and social context, including his engagement with other early figures including Malik and Muhammad al-Shaybani. It explores the development and refinement of his legal method and substantive teachings as well as their transmission by his students. It also shows how he became the posthumous "patron saint" of a legal school, who remains today a figure of popular interest and veneration as well as a powerful symbol of orthodoxy.

Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.

This book considers the transmission of the Sunna through the lens of the great Madinan legal scholar, Imam Malik ibn Anas (d. 179 AH/795 CE), in his renowned book al-Muwatta', or 'The well-trodden path'. It considers not only the legal judgements preserved in this book, but also the key scholars involved in the transmission of these judgements, namely, Malik's teachers and students. These different transmissions provide very strong evidence for the reliability of Malik's transmission of the Sunna. Overriding these textual considerations is the concept of 'amal, or the Practice of the People of Medina. This is accepted as a prime source by Malik and those following him, but is effectively rejected by the other schools, who prefer hadith (textual reports) as an indication of Sunna. Given the contested nature of 'amal in both ancient and modern times, and the general unawareness of it in contemporary Islamic studies, this source receives extended treatment here. This allows for a deeper understanding of the nature of Islamic law and its development, and, by extension, of Islam itself.

Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.