Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.

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.

In this groundbreaking study, SherAli Tareen presents the most comprehensive and theoretically engaged work to date on what is arguably the most long-running, complex, and contentious dispute in modern Islam: the Barelvī-Deobandī polemic. The Barelvī and Deobandī groups are two normative orientations/reform movements with beginnings in colonial South Asia. Almost two hundred years separate the beginnings of this polemic from the present. Its specter, however, continues to haunt the religious sensibilities of postcolonial South Asian Muslims in profound ways, both in the region and in diaspora communities around the world. Defending Muḥammad in Modernity challenges the commonplace tendency to view such moments of intra-Muslim contest through the prism of problematic yet powerful liberal secular binaries like legal/mystical, moderate/extremist, and reformist/traditionalist. Tareen argues that the Barelvī-Deobandī polemic was instead animated by what he calls “competing political theologies” that articulated—during a moment in Indian Muslim history marked by the loss and crisis of political sovereignty—contrasting visions of the normative relationship between divine sovereignty, prophetic charisma, and the practice of everyday life. Based on the close reading of previously unexplored print and manuscript sources in Arabic, Persian, and Urdu spanning the late eighteenth and the entirety of the nineteenth century, this book intervenes in and integrates the often-disparate fields of religious studies, Islamic studies, South Asian studies, critical secularism studies, and political theology.

Salafism has received scrutiny as the one of the main ideological sources for extremist violence perpetrated by jihadi groups. There is a significant corpus of literature discussing transnational jihadi networks, especially after the 9/11 attacks in the United States. These discussions include the radicalization of Salafi thought by jihadi theoreticians and 'ulama. However, Salafism is not monolithic. It contains numerous streams, and an examination of these streams is crucial to understanding its influence on Muslim societies. Besides Salafi jihadisthose who sanction violencethere are two other broad trends in Salafism: quietist and activist. Quietist Salafis endorse an apolitical tradition and find political activism in any form unacceptable. Activist Salafis advocate peaceful political change. Each stream is led by 'ulama, seen as the preservers of Salafi traditions. The quietist and activist 'ulama are active participants in their communities. Studies of such clerics have tended to be country-specific, focusing on the influence and nature of Salafism and its dynamics in those countries. In Rethinking Salafism Raihan Ismail assesses the origins, interactions, and dynamics of the transnational networks of Salafi 'ulama in the region comprising Saudi Arabia, Egypt, and Kuwait, showing how quietist and activist 'ulama work across borders to preserve and promote what they see as "authentic" Salafism while taking domestic circumstances of the 'ulama into consideration. The book offers a reassessment of the quietist/activist dichotomy, arguing that this dichotomy does not apply to such aspects of Salafi thought as attitudes towards the Shi'a and social matters in Muslim societies.

A wide-ranging survey of the Indian sub-continent, Modern South Asia gives an enthralling account of South Asian history. After sketching the pre-modern history of the subcontinent, the book concentrates on the last three centuries from c.1700 to the present. Jointly written by two leading Indian and Pakistani historians, Modern South Asia offers a rare depth of understanding of the social, economic and political realities of this region. This comprehensive study includes detailed discussions of: the structure and ideology of the British raj; the meaning of subaltern resistance; the refashioning of social relations along lines of caste class, community and gender; and the state and economy, society and politics of post-colonial South Asia The new edition includes a rewritten, accessible introduction and a chapter by chapter revision to take into account recent research. The second edition will also bring the book completely up to date with a chapter on the period from 1991 to 2002 and adiscussion of the last millennium in sub-continental history.

Why the pursuit of state recognition by seemingly marginal religious groups in Egypt and elsewhere is a devotional practice Over the past decade alone, religious communities around the world have demanded state recognition, exemption, accommodation, or protection. They make these appeals both in states with a declared religious identity and in states officially neutral toward religion. In this book, Mona Oraby argues that the pursuit of official recognition by religious minorities amounts to a devotional practice. Countering the prevailing views on secularism, Oraby contends that demands by seemingly marginal groups to have their religious differences recognized by the state in fact assure communal integrity and coherence over time. Making her case, she analyzes more than fifty years of administrative judicial trends, theological discourse, and minority claims-making practices, focusing on the activities of Coptic Orthodox Christians and Baháʼí in modern and contemporary Egypt. Oraby documents the ways that devotion is expressed across a range of sites and sources, including in lawyers’ offices, administrative judicial verdicts, televised media and film, and invitation-only study sessions. She shows how Egypt’s religious minorities navigated the political and legal upheavals of the 2011 uprising and now persevere amid authoritarian repression. In a Muslim-majority state, they assert their status as Islam’s others, finding belonging by affirming their difference; and difference, Oraby argues, is the necessary foundation for collective life. Considering these activities in light of the global history of civil administration and adjudication, Oraby shows that the lengths to which these marginalized groups go to secure their status can help us to reimagine the relationship between law and religion.

"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Muslims and the Making of Modern Europe shows that Muslims were citizens of modern Europe from its beginning and, in the process, rethinks Europe itself. Muslims are neither newcomers nor outsiders in Europe. In the twentieth century, they have been central to the continent's political development and the evolution of its traditions of equality and law. From 1878 into the period following World War II, over a million Ottoman Muslims became citizens of new European states. In Muslims and the Making of Modern Europe, Emily Greble follows the fortunes and misfortunes of several generations of these indigenous men, women and children; merchants, peasants, and landowners; muftis and preachers; teachers and students; believers and non-believers from seaside port towns on the shores of the Adriatic to mountainous villages in the Balkans. Drawing on a wide range of archives from government ministries in state capitals to madrasas in provincial towns, Greble uncovers Muslims' negotiations with state authorities--over the boundaries of Islamic law, the nature of religious freedom, and the meaning of minority rights. She shows how their story is Europe's story: Muslims navigated the continent's turbulent passage from imperial order through the interwar political experiments of liberal democracy and authoritarianism to the ideological programs of fascism, socialism, and communism. In doing so, they shaped the grand narratives upon which so much of Europe's fractious present now rests. Muslims and the Making of Modern Europe offers a striking new account of the history of citizenship and nation-building, the emergence of minority rights, and the character of secularism.

An accessible, transregional exploration of how Islam and Asia have shaped each other's histories, societies and cultures from the seventh century to today.

The prospects for peace in Afghanistan, dialogue between Washington and Tehran, the UN's bid to stabilise nuclear-armed Pakistan, understanding the largest Muslim minority in the world's largest democracy in India, or the largest Muslim population in the world in Indonesia all require some knowledge of the traditional religious sectors in these countries and of what connection traditional religious schooling has (or not) to their geopolitical situations.Moosa delves into the world of madrasa classrooms, scholars and texts, recounting the daily life and discipline of the inhabitants. He shows that madrasa are a living, changing entity, and the site of contestation between groups with varying agendas, goals and notions of modernity.Reading this unique and engaging introduction will provide readers with a clear grasp of the history, place and function of the madrasa in todays Muslim world (religious, cultural and political). It will also investigate the ambiguity underlying the charge that the madrasa is at heart a geopolitical institution.