8 Muslims and the Law

Muslims in Kenyan Politics explores the changing relationship between Muslims and the state in Kenya from precolonial times to the present, culminating in the radicalization of a section of the Muslim population in recent decades. The politicization of Islam in Kenya is deeply connected with the sense of marginalization that shapes Muslims’ understanding of Kenyan politics and government policies. Kenya’s Muslim population comprises ethnic Arabs, Indians, and black Africans, and its status has varied historically. Under British rule, an imposed racial hierarchy affected Muslims particularly, thwarting the development of a united political voice. Drawing on a broad range of interviews and historical research, Ndzovu presents a nuanced picture of political associations during the postcolonial period and explores the role of Kenyan Muslims as political actors.

This powerful argument reassess radical Islam and the set of ideas and assumptions at its core. Olivier Roy offers a challenging and highly original view that no-one trying to understand Islamic fundamentalism can afford to overlook.

This book considers the day-to-day lives of young Muslims on Kenya’s island of Lamu, who live simultaneously on the edge and in the center. At the margins of the national and international economy and of Western notions of modernity, Lamu’s inhabitants nevertheless find themselves the focus of campaigns against Islamic radicalization and of Western touristic imaginations of the untouched and secluded. What does it mean to be young, modern, and Muslim here? How are these denominators imagined and enacted in daily encounters? Documenting the everyday lives of Lamu youth, this ethnography explores how young people negotiate cultural, religious, political, and economic expectations through nuanced deployments of language, dress, and bodily comportment. Hillewaert shows how seemingly mundane practices—how young people greet others, how they walk, dress, and talk—can become tactics in the negotiation of moral personhood. Morality at the Margins traces the shifting meanings and potential ambiguities of such everyday signs—and the dangers of their misconstrual. By examining the uncertainties that underwrite projects of self-fashioning, the book highlights how shifting and scalable discourses of tradition, modernity, secularization, nationalism, and religious piety inform changing notions of moral subjectivity. In elaborating everyday practices of Islamic pluralism, the book shows the ways in which Muslim societies critically engage with change while sustaining a sense of integrity and morality.

A study of the longue durée of a marginalized part of northern Kenya, examining the process of territorialization and the role of Islam in politicizing ethnicity. The recent ethnic violence in Kenya has been preceded by a process of territorialization and politicization of ethnicity. This study examines a marginalized part of Kenya, the semi-arid north inhabited by pastoralists of three language groups - speakers of Oromo, Somali, and Rendille. It spans different periods of time, from early processes of ethnic differentiation between groups, through the colonial period when differences were reflected in administrative policies, to recent times, when global minority discourses, particularly those related to Islam, are tapped by local political agents and ethnic entrepreneurs. A companion volume to Pastoralism and Politics in Northern Kenya and Southern Ethiopia, this book is based on over thirty-four years of field research and synthesizes findings from history and political anthropology. Günther Schlee is director of the Department of 'Integration and Conflict', Max Planck Institute for Social Anthropology, Halle, Germany; Abdullahi Shongolo is an independent scholar based in Kenya.

In education, journalism, legislative politics, social justice, health, law, and other arenas, Muslim women across Kenya are emerging as leaders in local, national, and international contexts, advancing reforms through their activism. Muslim Women in Postcolonial Kenya draws on extensive interviews with six such women, revealing how their religious and moral beliefs shape reform movements that bridge ethnic divides and foster alliances in service of creating a just, multicultural, multiethnic, and multireligious democratic citizenship. Mwalim Azara Mudira opened a school of theology for Muslim women. Nazlin Omar Rajput of The Nur magazine was a pioneer in reporting on HIV/AIDS in the Muslim community. Amina Abubakar, host of a women's radio show, has publicly addressed the sensitive subject of sexual crimes against Muslim women. Two women who are members of parliament are creating new socioeconomic and political opportunities for girls and women, within a framework that still embraces traditional values of marriage and motherhood. Examining the interplay of gender, agency, and autonomy, Ousseina D. Alidou shows how these Muslim women have effected change in the home, the school, the mosque, the media, and more—and she illuminates their determination as actors to challenge the oppressive influences of male-dominated power structures. In looking at differences as opportunities rather than obstacles, these women reflect a new sensibility among Muslim women and an effort to redefine the meaning of women's citizenship within their own community of faith and within the nation.

Swahili Muslim Publics and Postcolonial Experience is an exploration of the ideas and public discussions that have shaped and defined the experience of Kenyan coastal Muslims. Focusing on Kenyan postcolonial history, Kai Kresse isolates the ideas that coastal Muslims have used to separate themselves from their "upcountry Christian" countrymen. Kresse looks back to key moments and key texts—pamphlets, newspapers, lectures, speeches, radio discussions—as a way to map out the postcolonial experience and how it is negotiated in the coastal Muslim community. On one level, this is a historical ethnography of how and why the content of public discussion matters so much to communities at particular points in time. Kresse shows how intellectual practices can lead to a regional understanding of the world and society. On another level, this ethnography of the postcolonial experience also reveals dimensions of intellectual practice in religious communities and thus provides an alternative model that offers a non-Western way to understand regional conceptual frameworks and intellectual practice.

Amidst the roil of war and instability across the Middle East, the West is still searching for ways to understand the Islamic world. Stéphane Lacroix has now given us a penetrating look at the political dynamics of Saudi Arabia, one of the most opaque of Muslim countries and the place that gave birth to Osama bin Laden. The result is a history that has never been told before. Lacroix shows how thousands of Islamist militants from Egypt, Syria, and other Middle Eastern countries, starting in the 1950s, escaped persecution and found refuge in Saudi Arabia, where they were integrated into the core of key state institutions and society. The transformative result was the Sahwa, or “Islamic Awakening,” an indigenous social movement that blended political activism with local religious ideas. Awakening Islam offers a pioneering analysis of how the movement became an essential element of Saudi society, and why, in the late 1980s, it turned against the very state that had nurtured it. Though the “Sahwa Insurrection” failed, it has bequeathed the world two very different, and very determined, heirs: the Islamo-liberals, who seek an Islamic constitutional monarchy through peaceful activism, and the neo-jihadis, supporters of bin Laden's violent campaign. Awakening Islam is built upon seldom-seen documents in Arabic, numerous travels through the country, and interviews with an unprecedented number of Saudi Islamists across the ranks of today’s movement. The result affords unique insight into a closed culture and its potent brand of Islam, which has been exported across the world and which remains dangerously misunderstood.

Mobilizing Islam explores how and why Islamic groups succeeded in galvanizing educated youth into politics under the shadow of Egypt's authoritarian state, offering important and surprising answers to a series of pressing questions. Under what conditions does mobilization by opposition groups become possible in authoritarian settings? Why did Islamist groups have more success attracting recruits and overcoming governmental restraints than their secular rivals? And finally, how can Islamist mobilization contribute to broader and more enduring forms of political change throughout the Muslim world? Moving beyond the simplistic accounts of "Islamic fundamentalism" offered by much of the Western media, Mobilizing Islam offers a balanced and persuasive explanation of the Islamic movement's dramatic growth in the world's largest Arab state.

Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.