Showing posts with label Islamic Law. Show all posts
Showing posts with label Islamic Law. Show all posts

Thursday, July 28, 2011

You are entering a Muslim Zone! 'Sharia law zones' posters in UK warn | 'Sharia law enforcement zones' | Islamic extremists in Britain


Islamic extremists in Britain have launched a poster campaign across the country proclaiming areas where 'Sharia law enforcement zones' have been set up.
The posters read, 'You are entering a Sharia-controlled zone - Islamic rules enforced.'

The messages on the posters says that in the 'zone' there should be 'no gambling', 'no music or concerts', 'no porn or prostitution', 'no drugs or smoking' and 'no alcohol'.

According to the Daily Mail, hate preacher Anjem Choudary has claimed responsibility for the scheme, saying he plans to flood specific Muslim and non-Muslim communities around the UK and 'put the seeds down for an Islamic Emirate in the long term'.

"We now have hundreds if not thousands of people up and down the country willing to go out and patrol the streets for us and a print run of between 10,000 and 50,000 stickers ready for distribution," Choudary said.

"There are 25 areas around the country which the Government has earmarked as areas where violent extremism is a problem. We are going to go to all these same areas and implement our own Sharia-controlled zones," he said.

"This is the best way for dealing with drunkenness and loutishness, prostitution and the sort of thug life attitude you get in British cities," he added.

In the past week, dozens of streets in the London boroughs of Waltham Forest, Tower Hamlets and Newham have been targeted, raising fears that local residents may be intimidated or threatened for flouting 'Islamic rules'.

Choudary also said he was organizing a protest against the Far Right in Waltham Forest this weekend following last Friday's killing spree in Norway by anti-Islamic gunman Anders Breivik. Read More

Wednesday, July 27, 2011

UNHRC: "Womens' Right Problems? Not So Loud, Please!" | Jurisprudence [Fiqh] & Law [Sharia]


In this speech in the UN Human Rights Council, David G. Littman points out discrimination against women directly and documentably sanctioned by Islamic law. President Phuangketkeow responds by requesting more 'sensitivity' in matters where religion is involved, womens' rights has distinctly lower priority than showing 'understanding' for religion.

In his follow-up speech on June 10th, Littman reminds the assembly that such demands constitute an undermining of the universality of human rights, that The idea of "Cultural relativism" is nothing but an excuse to violate human rights, and demonstrates his precise and well-documented understanding of Islamic doctrine by quoting current Islamic scholars endorsing the practice of trading sex slaves in the free market.

[The Islamic Fiqh Academy (IFA), under the OIC's wing, is comprised of 43 scholars, elite Islamic jurists of their respective countries -- and many are chief justices or grand muftis.] [IFA's aims are clearly stated in this ruling and we shall only refer to the essential points:

to unite the Ummah (the global Muslim community, conceived of as a single nation, by conforming conduct to the norms of Islam at all levels (from individual to international);
to apply Islam to contemporary problems; and to create a body of Islamic jurisprudence to meet the needs of modern life.]

[Undoubtedly, the Islamic Fiqh Academy speaks for the Islamic mainstream. In the words of Dr Abdul-Salam Al-Abbadi, Secretary-General of IFA, it is intended to function as the "supreme juristic reference for the Muslim world." IFA's rulings have OIC's full backing.]

This fatwa represents the dogmatic assertion of the absolute authority of the sharia over all understandings of human rights as they apply to women and the family, including International Human Rights Conventions and Covenants. In it, Islamic States of the OIC are instructed to ignore every article of any Convention or Covenant which is inconsistent with the sharia. Read More

Saturday, July 23, 2011

Sharia Laws: Sharia, Fiqh and Islamic Law (Sharia, Fiqh and Islamic LawAnalysis & Auto criticism)


Sharia recently became a hotly debated subject. Archbishop of England made a statement at the middle of many statements, that has given the opportunity of Islamic law and Shari to be discussed and debated by westerners and some times the discussion apparently was taken out context. It is, as I believe, a fact that Sharia, Fiqh in its early stages got established and developed in the wide area of the world, mainly where Roman law was dominant.

Roman law (the law applied in Byzantine Empire was Roman law) developed in the Beirut, Istanbul (Constantinople) centuries long before Islam. Fiqh was established, acted upon and developed to answer the needs of people embracing Islam in Syria, Iraq, Jordan, Palestine, Saudi Arabia, Central Asia, Iran, Egypt, and North Africa where Roman law was dominant for centuries. Actually the relations between these two laws were made subject to theories and researches, as Fiqh’s relation with Judaic tradition and law was done. There was a Roman law text in Arabic at 5th Century AD applied in Syria where Islamic Law later applies, the relation between these two laws also made specifically subject to comparative studies not too long age, unfortunately in Turkish only. Actually the researcher compared the Arabic text of this Syrian Roman Codex, edited by German orientalists more than a century ago, with al-Majmu fi 'l-Fiqh by Zaid b, Ali (circa d. 120 AH), which was edited By Griffini, of which original manuscript is in Milan, Italy. The comparison is made in terms of systematic, subjects, forms and contents.

Abu Hanifa himself was not really an Arab, lived out side of Medina and Mecca that is in Kufa, city south of Iraq, and Baghdad. His grave is in Baghdad which is not well taken care of nowadays. He is the one who really established Fiqh, Sharia, I may say, as codified by his teaching, his two students, among thousands, Imam Abu Yusuf and Imam Muhammad al-Shaibani are the ones who wrote down and took notes and put into book forms the teachings of their ustad. These two taught and transferred their ustad's teaching to Muhammad b. Idris al-Shafi'i. So Shafii is the student of the students of Abu
Hanifa.

A few decades ago we have had strong orientalists like L. Massignon, Ch. Pellat (France), Bertold Spuler (Germany), M. Watt (Edinburgh, UK) and Bernard Lewis (England, USA). Before there were strong caliber orientalists like Carl Brockelmann, I. Goldziher, Snouck-Hugronje, and Wensinck, one of the important piece of Islamic literature being “Concordance” edited by his team, in whose time also first edition of Encyclopedia of Islam in French, English and German is produced. Annemarie Schimmel (Germany, US), Graef and Hans Kruse and Walter Hinz (Germany).

Now second edition of EI is continuing to be published only in English and French. But the fact is that not many of the orientalists were specialized in Islamic Jurisprudence and Fiqh area; there were a few of them only in the West, definitely not many in America. American universities were not that much interested in producing and educating specialists in Islamic Jurisprudence. Perhaps they were more pragmatists in approach. One needs to appreciate Brockelmann's GAL, Dr. Sezgin's GAS, also Concordance de La Tradition Musulmane (Mu'jam al-Mufahras li-Alfaz al-Hadith al-Nabawi), all being published by Brill at The Haque (Lahaye, Leiden). These are extremely important manuals Islamic Scholars can not afford not referring to, if we intend to raise research oriented western standard-type academic scholars among Muslim scholarship. George Sarton's chapter on Muslim Period in his magnificent book Introduction to the History of Science also deserves to be noted at this point. Read More

Thursday, June 16, 2011

Islamics Law - Islamics Law on Women : Women Living Under Muslim Laws


1) MEN ARE SUPERIOR TO WOMEN
Qur'an- 4:34 "Men have authority over women because Allah has made the one superior to the other, and because they spend their wealth to maintain them. Good women are obedient.

2) MEN ARE COMMANDED TO BEAT THEIR DISOBEDIENT WIVES
Qur'an- 4:34 "As for those from whom you fear disobedience, admonish them and send them to their beds apart (stop having sexual relations with them), and beat them."

The above verse was revealed in connection with a women who complained to Muhammad that her husband slapped her on the face, which was still marked by the slap. At first Muhammad said to her "Get even with him", but then added 'Wait until I think about it". Later on the above verse was revealed, and Muhammad added,

'We (He and the woman) wanted one thing, Allah wanted another. In other words, God blessed a man slapping around his wife. Zamakhshari, Jalalan and Baydawi also support this.

The Arabic is much stronger that the words "beat them". It actually says "scourge (whip) them". Muhammad Pickthall correctly translates it this way in his version of the Qur'an."

Another Muslim scholar (Imam al-Mawawi, in Riyad al-Salihin, ("The Orchards of Righteous Men"), p 107-108) addresses this issue by relating a story from early Islam:

"Umar Khattab came to Muhammad saying, 'Women have dared to disobey husbands.' He (Muhammad) allowed their husbands to scourge them. Many women approached Muhammad complaining against their husbands because Muhammad received a verse for the Qur'an which commands their husbands to scourge them."
In addition to this Zamakhshari writes "Muhammad said 'Hang up your scourge (whip) where your wife or wives can see it'", (BTV, p81). This is meant to remind the wife that disobedience will bring physical punishment.
Asma, Abu Bakr's daughter said, "I was the fourth wife of al-Zabayr Ibn Awwam. Whenever he became angry at any of us he struck us with a hook rod until it was broken". Zabayr was one of Muhammad's special 'companions'.

A MAN INHERITS MORE THAN A FEMALE
A man gets more of an inheritance than his sister gets. Qur'an 4:11, 176- "A man shall inherit twice as much as a female". Following vs. 11, the next verses detail percentages of who receives what. Again, men come out on top.

Some Muslims say that men inherit more than women because the male is the bread winner, and the women is to be supported by her male relatives. But there are circumstances possible where the sister would be in more need of finances than the brother. What if the sister is married to a poor man and has many children, and her brother is wealthy? Why does Islamic law deny women an equal share in the inheritance? Why does the woman have to trust her male relative's discretion? What if he squanders the money? In this case, women are at a disadvantage.

MEN CAN HAVE SEXUAL RELATIONS WITH WIVES AND CONCUBINES
A man can fulfill his sexual desires with a variety of women.

Qur'an- 23:5 "Blessed are the believers...who restrain their carnal desires (except with their wives and slave girls for these are lawful to them)...

In other words, men can have up to 4 wives, and he can also have sexual relations with as many slave girls as he owns. Muhammad had at least one captured female who he had sex with - Rayhana. Muhammad had massacred 800 Jewish male captives. He then sold the women and children as slaves. He kept at least one female for himself - Rayhana. He wanted to marry her, and she refused, so he kept her as a concubine. (Sirat, p466). Mariyam was also his concubine, until she gave birth to a son- Ibrahim. After that, Muhammad married her. (KTK, p151)

It was okay for a man to use his female slaves for his personal sexual pleasure. However he was not allowed to make her a prostitute. Arabs used to wait for one period cycle before having sex with their slaves so as to make sure that they are not pregnant.

DIVORCE
The Qur'an also treats women like a pieces of property for men. The ease of divorce accommodates the man, but not the women (in most cases she needs her husband's permission).

Ref. 4:20 - "If you wish to replace a wife with another, do not take from her dowry... that would be unfair".

If a man has divorced his wife three times she may not remarry him, until she has married another man, and consummated that marriage, then divorced the other man. ref. 2:230. Islamic law calls this other man 'Muhalil'. This is supported by Bukhari 7, p136, and the commentators Jalalan, Baydawi, and Soyuti. (BTV, p102)

Women can be divorced by their husbands with or without cause, but she can only seek divorce from her husband with her husband's consent, (HDI, 'Women')

3) LEGAL TESTIMONY
A woman's legal testimony is worth half of a man's, (only except in the event that she is accused of adultery).

Qur'an- 2:282 "...and call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witness as you approve of, that if one women errs the other will remind her."

4) WOMEN ARE DEFICIENT IN INTELLIGENCE COMPARED TO MEN
In the Hadith Muhammad also said a variety of negative things about women. Here is the Hadith:

"Narrated Abu Said Al-Khudri: Once Allah's apostle went out to the Musalla (to offer the prayer) of Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's apostle?" He replied, "You curse frequently are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you". The women asked, "O Allah's apostle! What is deficient in our intelligence and religion?" He said, is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in your intelligence. Isn't it true that a women can neither pray nor fast during her menses?" The women replied in the affirmative. He said: "This is the deficiency in your religion." Bukhari, volume 1, #301, and vol. 3, #826:

Some Muslims say that there is no comparison with men here. "Deficient in intelligence...? Deficient compared to who or what? What or who is the standard? The context and reference of the quote will give us the answer.

Let's take a look at the sentence in question: "I have not seen anyone more deficient in intelligence and religion than you (the women he was talking to)." He's calling them 'deficient in intelligence'. Deficient means "lacking, defective, insufficient, inadequate". Muhammad is saying that women's intelligence is all these things. Are women deficient when compared to children? To dogs? To donkeys? To God? What is Muhammad's standard?

The women question him on this; they are wondering why he said that. They ask, "Muhammad, how are we defective, insufficient, lacking and inadequate in

intelligence?" Muhammad answers with some words similar to those in the Qur'an: "Is not the evidence of two women equal to the witness of one man?" He cements women's deficient intelligence by pointing out to them that their testimony is worth half of a man's. These women, knowing his teaching agree. Muhammad then points out "This is the defectiveness in your intelligence." Muhammad references men when justifying his statement that women are deficient in intelligence when compared to men.

Muhammad uses the testimony of men as the comparison. Women are being compared to men, there is no doubt about it. Muhammad elaborated on his 'inadequate in intelligence' statement by tying their 'deficiency in intelligence' with the Quran's verse of 2:282. In effect, Muhammad says to them, "You women are somewhat stupid, so much so that your testimony is worth only half of a man's.

Here is the pertinent part of 2:282 - "Call in two male witnesses from among you, but if two men cannot be found, then one man, and two women whom you judge fit to act as witnesses, so that if either of them commit an error, the other will remind her."

The Qur'an also implies that women are deficient in intelligence when compared to men. It does not explicitly say "women are deficient in intelligence when compared to men", but when the Qur'an says "men are superior to women" (4:34), "and the testimony of two women equals one man's" (2:282), it implies women are of inferior intelligence (when compared to men).

But why do you need two women's testimonies for one man's? Why couldn't one be good enough? The bottom line is that women don't equal men in this testimony.

Muslims point out that in cases of adultery, a women's testimony is more valid than a man's (refer to Qur'an- 24:6-9). But that is only for the case of adultery. These Qur'anic verses related to this deal explicitly with un-chastity. It is not the other way around. What the verses say are that in the case of a women being accused of sexual sin, her testimony is just as valid as her husband's. Perhaps because Muhammad thought the women should know if she committed sexual sin, so he gave women the benefit of the doubt.

Muslims try to say that the context of 2:228 relates to testimony on financial transactions, which are often complex and loaded with business jargon. What Muhammad meant is that women were deficient in intelligence because at the time they were not familiar with business related issues.

This sounds like an easy out, but it isn't. Muslim's believe that the Qur'an is the literal word of God. What the Qur'an lays down as law, they must follow. Why would the Qur'an lay down a law like 'you must have two women's testimony, to account for one man's testimony'? If it were only a case of local custom or culture, would it have become Qur'anic law? No, Allah is making a point, establishing a precept for future Muslims to follow: "Two women's testimony for one man's."

Further, didn't Khadijah (Muhammad's first wife) own a business? Was she so financially inept that she couldn't deal in business? Were all the women back then so ignorant and backward? I don't think so.

Let's examine some Muslim writings related to this. Here's a contemporary one. Recently, a female Muslim writer commenting on the two for one witness law wrote:

"Women were made to bear and feed children, therefore they are very emotional. And she is forgetful, for if she did not forget how it is to give birth she would not have another child. That is why she will not be as reliable a witness as a man". (Taken from "The Age", Life behind a veil of Islam, 3/3/1992, p11.

A quote from a contemporary Muslim - Dr. Aly Farrukha, Director of Islamic Studies in Chicago says:

"The issue of a woman's testimony in court is a divine order which necessitates that a woman who is a witness should be accompanied by another woman in order to remind her if she forgets and to correct her is she makes an error." (So they are saying that a woman’s memory is also poor)

This Muslim scholar states that woman's testimony is worth half of a man's in all legal issues. I will add except for the charge of un-chastity.

Now, from the Jalalan (p79), a great Muslim Qur'anic commentary: "Men have been given authority over women to discipline and control them by the merits of

KNOWLEDGE, INTELLIGENCE, and custody..."

Finally, let me quote from the Muslim writer Ali Dashti (in "23 Years: A Study of the Prophetic Career of Muhammad", p113, 114)

"According to the Tafsir ol-Jalalayn, the superiority of men lies in intelligence, knowledge and administrative ability. Zamakhshari, Baydawi, and several other commentators go into more detail and construct metaphysical theories; they liken men's authority over women to that of rulers over subjects, and maintain that prophethood, prayer-leadership, and rulership are reserved for men because men are stronger, more intelligent, and more prudent."

Sounds pretty clear to me. Islam teaches that men are superior to women in intelligence. (I should be happy with this as I am a man but what about Equality, women's rights!)

4.1) MEN ARE THE MANAGERS OF WOMEN
Islam, teaches the husband to be responsible for his wife and household as indicated in 4:34. It is his role as 'qawwam' or manager. In the Hans-Wehr Arabic-English Dictionary, p800: 'Qawwam' means: manager, director, superintendent, caretaker, keeper, custodian, guardian". Islamic men do indeed manage their women.

But there is another part of 4:34.... "Men have authority over women because God has made the one superior to the other, and because they spend their wealth to maintain them. Good women are obedient.........Then if they (the women) obey you (the men), take no further action against them." So, Islam also requires women to submit to men.

As a final reference, examine Muhammad's farewell address. I quote from Guillaume's translation, page 651:

"Lay injunctions on women kindly, for they are prisoners with you having no control of their persons".

You can see that men do more than 'maintain' women. They indeed are women's managers.

4.2) Women are deficient with respect to men in piety.

4.3) Women are deficient in gratitude when compared to men. Continuing with Bukhari, vol. 1, #28:

"Women are ungrateful to their husbands and are ungrateful for the favors and the good deeds done to them. If you have always been good to one of them and then she sees something in you (not of her liking), she will say, "I have never received any good from you."" Read More

Friday, May 6, 2011

South African law - UN expert asks US to disclose Bin Laden raid facts


The U.N.'s independent investigator on extrajudicial killings has called on the United States to reveal more details of the raid on Osama bin Laden's Pakistan hideaway to allow experts to assess the legality of his killing.

South African law professor Christof Heyns said in a statement Friday that Washington "should disclose the supporting facts to allow an assessment in terms of international human rights law standards." --- READ MORE

Perceptions of Islamic law 2011


Talal Asad is an anthropologist at the City University of New York who writes extensively on the subject of religion and says:

"Most Islamic rules are contained not in the Quran ('the recitation'), which Muslims believe to have been revealed by God through Gabriel, but in collections called hadith, which contain the exemplary sayings and doings of Muhammad and his companions."

In the words of the famous Muslim jurist al-Ghazali (d. 1111), Islamic laws should "seek the beneficial and avoid what is bad."

The fourteenth century Hanbali jurist Ibn al-Qayyim al-Jawziyya also agreed with this sentiment: "Every situation in which justice succumbs to tyranny, mercy to cruelty, goodness to corruption, wisdom to foolishness, has nothing in common with the Shari'ah. --- READ MORE

Thursday, May 5, 2011

Online Islamic law encyclopaedia 'Wikifiqh' launched in the Iranian capital


The Islamic Information and Documentation Centre in the Iranian capital, Tehran, has launched the free online Islamic law encyclopaedia, 'Wikifiqh' in farsi. English and Arabic versions are also planned.

The encyclopaedia contains entries on millions of concepts in Islamic law ('fiqh' in Arabic) and the Muslim faith.

Part of the 'Wikifiqh' website is for intellectuals and philosophers, who can register to take part in debates on various topics in Islam.

The encyclopaedia (www.islamicdoc.org) also contains extensive information on Islamic jurisprudence. --- READ MORE

Bin Laden's burial observed Islamic law precepts and practices, White House says


Osama bin Laden's burial at sea largely followed widely accepted interpretations of Islamic law - a politically expedient step by a White House carefully navigating the delicate balance of satisfying Americans' desire for justice and the powder keg of geopolitics.

"The burial of bin Laden's remains was done in strict conformance with Islamic precepts and practices," John Brennan, the White House adviser on counterterrorism and homeland security, told reporters Monday at a White House briefing. "It was prepared in accordance with the Islamic requirements. We early on made provisions for that type of burial, and we wanted to make sure that it was going to be done, again, in strictest conformance."

It's clear the United States took a great care not to anger the mainstream Muslim community, said Ebrahim Moosa, a professor of Islamic studies at Duke University in North Carolina.

Following President Barack Obama's dramatic late-night announcement Sunday, the White House faced a barrage of questions on exactly how bin Laden was buried. Bin Laden, the elusive leader of the al-Qaida terror organization responsible for the Sept. 11, 2001, attacks, was also sought for the 1998 bombings of U.S. embassies in East Africa and was perhaps the most reviled man in the eyes of Americans.

A land burial in the United States or in some other country might have ignited tensions and violated a religious requirement that bodies be buried within 24 hours. And his gravesite might have served as a galvanizing symbol to radical Islamic sympathizers, religious experts said.

"To a large degree it had to do with not wanting to create a shrine extremists would use," said Ibrahim Hooper, a spokesman for the Council on American-Islamic Relations, a Washington-based Muslim civil liberties advocacy group.

Moosa, the Duke professor, agreed.

"The U.S. was in a difficult situation of what to do. The best way to keep him out of gaze was to bury him at sea," he said. "It was a strong strategic and political move."

During the White House news conference, Brennan indicated that senior administration officials had weighed these concerns heavily prior to the assault on bin Laden's compound.

"It was looked at from the standpoint of if we captured him, what will we do with him?" Brennan said. "Where would he go? If he was killed, what will we do with him, and where would he go? And it was determined that it was in the best interests of all involved that this burial take place, again, according to Islamic requirements, at sea."

Brennan stopped short of offering further details on whether bin Laden was wrapped in a weighted white sheet or if an imam was present as per Islamic tradition, saying only that the burial "was done appropriately with the appropriate people there." --- READ MORE

Learning About Islamic Law (Shariah) and Jurisprudence (Fiqh)


Shariah - or Islamic law - is not limited to societal laws and a penal system. It includes divine directives regarding every aspect of a Muslim's life. Referring to Shariah simply as “Islamic law” is therefore incomplete. Shariah might better be described as a body of divine laws, rules, code of conduct and teachings which are intended to benefit the individual and society.

Literal Meaning of Shariah

The Arabic word shariah refers to a waterway that leads to a main water source. An analogy can be made where just as water is a necessary element of life, so is Shariah essential to the well-being of a Muslim.

Code of Behavior and Conduct

To ensure this well-being, Shariah offers guidance and laws for a complete way of life. This code of behavior and conduct includes, among other topics:
  • Recommended, but not obligatory (Mandub)
  • Prohibited (Haram)
  • Disliked and discouraged, but not prohibited (Makruh)
  • Permissible, due to lack of injunction or opinion (Mubah). --- READ MORE

Fiqh

Fiqh (Arabic: فقه‎ [fiqh]) is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Quran and Sunnah—that complements Sharia with evolving rulings/interpretations of Islamic jurists.

Fiqh deals with the observance of rituals, morals and social legislation in Islam. There are four prominent schools (madh'hab) of fiqh, within Sunni practice and two within Shi'a practice. A person trained in fiqh is known as a Faqih (plural Fuqaha). --- READ MORE

Post-revolution Islamic Law and the Challenges of Modernity


Islamic Law and the Challenges of Modernity is a collection of essays that centers on the theme identified in the title. The book specifically deals with Islamic law in the Arab world, and how the legal tradition in the region has changed through the introduction of modern, European-based codes, first by the Ottoman Empire and later as a result of European colonialism. For the most part, however, the book fails to meet its objective and appears more as a collection of half complete and poorly edited papers.

The introductory chapter of the book proved promising; it acts as a tutorial for those unfamiliar with Islamic law. The foundational texts, which are not limited to the Koran, the four main legal schools, and the differences between shari'a, or revealed law, and fiqh, or the complex system of jurisprudence that applies shari'a, are all explained. It also provided a referential argument which many of the following chapters repeated: pre-modern Islamic law was flexible and in a process of constant change in reaction to social necessities, while the introduction of the modern state entrenched an immutable form of law that destroyed this flexibility in favor of certainty and centralized power. However, the straightforward and interesting first chapter soon gives way to a jumble of unresolved arguments, cursory descriptions, and confusing publishing and layout.

The first section of the book is titled 'Modernization and Legal Reform in the Arab World' and second 'Legal Reforms and the Impact on Women.' In the first section, the argument from the introduction is taken a step further, and it is assumed that a return to an 'authentic' version of Islamic legal traditions is a cause with unquestionable worth. This search for authenticity is accompanied in one case by an overt desire to return to an authentic shari'a and fiqh based legal system. In delineating the requirements of such a return, Wael B. Hallaq states "The Iranian experience affords an eloquent example of the combination of political and legal governing." (p. 47). Post-revolution Iran is perhaps one of the states that has been most challenged by the norms of modernity, and yet the pervasive power of the politico-religious elite would not be possible without the control apparatuses of the modern state. This quest for the authentic is fodder for Said's critique of Orientalism. The taxonomic descriptions of the real shari'a of pre-modernity and the inauthentic shari'a used and adapted by Arab states, and their cursory forays into the application of each of these in a number of political and geographical areas, is not persuasive scholarship.

The second section also often utilizes a romantic version of pre-modern Islamic law, this time in the attempt to make liberal feminism and Islam coexist culturally, politically and legally. The chapter by Barbara Freyer Stowasser and Zeinab AbulMagd provides an interesting account of how the pre-modern loopholes in Islamic marriage law are slowly being closed by the state; however, the second section is not especially well done. For the most part the argumentation is difficult to follow; when they are obvious, as in the case of the chapter on the Arab states' responses to the Convention on the Elimination of All Forms of Discrimination Against Women, they are overly polemical. This particular chapter is simply a summary of the browbeating received by Arab diplomats at the United Nations for their respective countries' non-compliance with the Convention. --- READ MORE