The Anthropology of Islamic Law

Abstract

This book shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. In terms of disciplinary orientation, the book combines anthropology and Islamicist history, utilizing both ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from over two years of fieldwork inside al-Azhar University, Cairo University’s Dār al-ʿUlūm, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. Although the book gives special attention to contemporary Egypt, it provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.

Liberalism's distinctive policy for governing Muslim populations: Human rights, religious reform, and counter‐terrorism from the colonial era until the present

“…As explained above, the liberal Western empires governed Muslims by using an intense form of authoritarian rule, and by operating a vast religious infrastructure. The same basic methods of governance characterize post‐colonial Muslim states (Bowen, 2003; Feener, 2007; Feuer, 2018; Lukens‐Bull, 2013; Nakissa, 2019, 2020b; Wainscott, 2017; Warren, 2021). Like early twentieth‐century Turkey and Iran, these post‐colonial states employ authoritarian rule, and operate vast religious infrastructures, to bring progress to their Muslim populations.…”

“…37–47; Twining, 1962). In other cases, officials attempted, with varying degrees of success, to transform famous traditional madrasas into hybrid institutions (e.g., al‐Azhar, al‐Zaytūna, al‐Qarawiyyīn) (Green, 1976; Nakissa, 2019; Segalla, 2009). Through hybrid institutions, the empires sought to influence the most conservative sectors of the Muslim population, including future religious scholars.…”

“…125–127; Rakhmani, 2013; Skovgaard‐Petersen, 1997; Sounaye, 2021). Reformed Islam is integrated into the curriculum of state‐run schools and universities, including institutions which serve the general public, and specialized institutions which train religious authorities (Feener, 2007; Feuer, 2018; Nakissa, 2019; Starrett, 1998; Wainscott, 2017). Reformed Islam also guides the reinterpretation and modification of religious laws applied in state courts (Bowen, 2003; Grote & Röder, 2012; Lombardi, 2006; Osanloo, 2009; Otto, 2010; Peletz, 2002; Salime, 2011).…”

“…Conventional studies of Muslim policy limit themselves to the colonial era. By contrast, over the past 2 decades, scholars have sought to systematically link colonial Muslim policy with the governance of Muslims in the post‐colonial era (e.g., Abu‐Lughod, 2013; Alzubairi, 2019; Lyons, 2013; Mamdani, 2004; McQuade, 2021; Nakissa, 2019). A final trend is the reevaluation of liberal governance.…”