This book is a tribute to Majid Khadduri and focuses on the three principal fields of his own work: Islamic and international law; ideas and personalities in the Arab world; and politics and diplomacy in the Middle East.

“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Prior to 2011, popular imagination perceived the Muslim Middle East as unchanging and unchangeable, frozen in its own traditions and history. In Life as Politics, Asef Bayat argues that such presumptions fail to recognize the routine, yet important, ways in which ordinary people make meaningful change through everyday actions. First published just months before the Arab Spring swept across the region, this timely and prophetic book sheds light on the ongoing acts of protest, practice, and direct daily action. The second edition includes three new chapters on the Arab Spring and Iran's Green Movement and is fully updated to reflect recent events. At heart, the book remains a study of agency in times of constraint. In addition to ongoing protests, millions of people across the Middle East are effecting transformation through the discovery and creation of new social spaces within which to make their claims heard. This eye-opening book makes an important contribution to global debates over the meaning of social movements and the dynamics of social change.

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.

Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses important questions about the nature of Egypt's judicial system and the reasons why such a system appeals to Arab rulers outside Egypt. From the theoretical perspective, it also contributes to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be widely read by scholars of the Middle East, students of law and colonial historians.

The legal treatment of sexual behavior is a subject that receives little scholarly attention in the field of Middle East women’s studies. Important questions about the relationship between sexuality and the law and about the societies enforcing that relationship are rarely addressed in the current literature. Elyse Semerdjian’s “Off the Straight Path” takes a bold step toward filling that gap by offering a fascinating look at the historical progression of the treatment of illicit sex under Islamic law. Semerdjian provides a comprehensive review of the concept of zina, i.e., sexual indiscretion, by exploring the diverse interpretation of zina crime as presented in a variety of sources from the Qur’an and hadith to legal literature. She then delves into the history of legal responses to zina within the specific community of Aleppo, Syria. Drawing on a wealth of shari‘a court records, Semerdjian provides a realistic view of Syrian society during the Ottoman period. With vivid detail, she describes specific women’s lives and experiences as their cases are presented before the court. Semerdjian argues that the actual treatment of zina crimes in the courts differs substantially from sentences prescribed by codified Islamic jurisprudence. In contrast to the violent corporal punishments dictated in the Islamic legal code, the courts often punished crimes of sexual indiscretion with nonviolent sentences, such as removal from the community. Employing exceptional insight, “Off the Straight Path” presents a powerful challenge to the traditional view of Islamic law, enabling a richer understanding of Islamic society.

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

The story of a grassroots political movement that flourished throughout the 1970s and 1980s.

"As a whole, the book demonstrates that neither the region's overgrown state structures nor the corresponding weakness of autonomous societal organizations can be explained by referring to cultural characteristics of the people in the Middle East or to the precepts of their religions. True explanations, the authors argue, should be framed historically. They pay special attention to the relations among the various groups and regions of the Middle East and to those between the Middle East and western Europe. The authors emphasize the important role played by economic issues and constraints in broadening or narrowing the scope of democracy at various points in time; and finally, they are in agreement in seeing religion and culture of the Middle East not in static and essentialist terms but as dynamic phenomena that grow independently and even in opposition to existing political authorities."--BOOK JACKET.

Liberation Technology brings together cutting-edge scholarship from scholars and practitioners at the forefront of this burgeoning field of study. An introductory section defines the debate with a foundational piece on liberation technology and is then followed by essays discussing the popular dichotomy of liberation'' versus "control" with regard to the Internet and the sociopolitical dimensions of such controls. Additional chapters delve into the cases of individual countries: China, Egypt, Iran, and Tunisia.