Arabic Studies Commons^™

Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi

Articles

Nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq has yet to render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. This so-called repugnancy clause is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – …

Between Realism And Resistance: Shi'i Islam And The Contemporary Liberal State, Haider Ala Hamoudi

Articles

No abstract provided.

Alexander In The Himalayas: Competing Imperial Legacies In Medieval Islamic History And Literature, Anna Akasoy

Publications and Research

In 1888, Rudyard Kipling published a collection of stories in a volume with the title The Phantom Rickshaw and Other Tales. The collection includes the short story The Man Who Would be King, in which Kipling's alter ego, a British journalist in India, makes the acquaintance of a pair of adventurers, Daniel Dravot and Peachey Carnehan, who demand his help as a fellow Mason. The two shady characters have set out to take advantage of divisions among the natives and are determined to install themselves as kings in Kafiristan, a remote region inhabited by pagans in the north of the …

Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi

Articles

Western distortions of the Muslim East nearly always take the same form, irrespective of who in the West is doing the distorting. One common theme can be generally gleaned from any projections of the Muslim East in the West, in any Western country, among nearly every community, including, and perhaps especially, our own academic community. This is the perception of the near ubiquitous role of Islam and, more germane to my remarks, Islamic law, of a historic, medieval kind, in governing the legal order of Muslim states, including Iraq, in a manner that can be entirely distorting. In these brief …

The Muezzin's Call And The Dow Jones Bell: On The Necessity Of Realism In The Study Of Islamic Law, Haider Ala Hamoudi

Articles

The central flaw in the current approach to shari'a in the American legal academy is the reliance on the false assumption that contemporary Islamic rules are derived from classical doctrine. This has led both admirers and detractors of the manner in which shari'a is studied to focus their energies on obsolete medieval rules that bear no relationship to the manner in which modern Muslims approach shari'a. The reality is that given the structural pluralism of the rules of the classical era, there is no sensible way that modern rules could be derived from classical doctrine, either in letter or in …

You Say You Want A Revolution: Interpretive Communities And The Origins Of Islamic Finance, Haider Ala Hamoudi

Articles

Despite its currently conservative character, the modern practice of Islamic finance lies on a bedrock of social, cultural and economic revolution. Examination of these revolutionary origins and their attendant jurisprudential implications reveal much about the schizophrenia plaguing Islamic finance today, of a largely formalist practice repeating the functional aims of the early revolutionaries and falsely understood by substantial portions of the wider Muslim community to be achieving such aims. Though the revolution has not come to pass, some of the comparatively radical functional approaches conceived in the context of the anticipated upheaval, and in particular those of the Iraqi Shi'i …

Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi

Articles

There is a crisis in our law schools in the study of Islamic law and the law of the Muslim polities. The current approaches either focus exclusively on national codes to the derogation of other vitally important influences on the legal order, most importantly the body of norms and rules derived from Islamic foundational texts known as the shari'a, or they regard as secondary, and at times irrelevant, the actual legal order of the societies in favor of an academic construction of the theories of medieval Muslim jurists. Neither of these approaches reflects with a necessary degree of accuracy the …

Muhammad's Social Justice Or Muslim Cant?: Langdellianism And The Failures Of Islamic Finance, Haider Ala Hamoudi

Articles

Though it is advertised and promoted as the bulwark of an alternative economic system based on populist Muslim notions of social justice and fairness, Islamic finance as a practice has failed to meet these objectives. The causes of that failure and the question of whether alternative approaches are possible are the subject of this Article.

The failure of Islamic finance to provide that which it promotes is the direct consequence of the application of an Islamic logic driven interpretive system through which rules are derived, which its adherents claim was formalized and systematized by the early jurist Muhammad Ibn Idris …

Jurisprudential Schizophrenia: On Form And Function In Islamic Finance, Haider Ala Hamoudi

Articles

Despite its explosive growth over the past several decades, Islamic finance continues to have trouble attracting large numbers of otherwise pious Muslims as potential investors. The underlying reason for this is that the means that the practice employs to circumvent some of the central Muslim bans relating to finance (most notably, the ban on interest) are entirely formal in their structure and are equivalent to conventional structures both legally and economically. However, the practice purports to serve functional ends; namely, through offering Muslims alternative means of finance that are intended to further Islamic ideals of fairness and social justice. This …

The Man-Made Disaster: Fire In Cities In The Medieval Middle East, Anna Akasoy

Publications and Research

Considering the building materials and climatic conditions in the medieval Middle East, fires must have been a major problem. This article provides a first survey of sources which are relevant for studying the impact of fires in urban environments. Evidence can be found, for example, in historiographies such as Ibn Kathīr's The Beginning and the End, or in legal discussions. Most fires mentioned in these sources were caused during riots or war, or by accidents in markets. The article also analyses how far fires fit into the general pattern of discussions around disasters in medieval Arabic literature.

Orientalisms In The Interpretation Of Islamic Philosophy, Muhammad Ali Khalidi

Publications and Research

The recent death of Edward Said has reignited the debate as to whether his landmark work Orientalism still has something to teach us about the study of Arab-Islamic civilization. In this article, I will argue that Saidʼs central thesis in Orientalism has a direct explanatory role to play in our understanding of the work produced in at least one area of scholarship about the Arab and Islamic worlds, namely Arab-Islamic philosophy from the classical or medieval period. Moreover, I will claim that it continues to play this role not only for scholarship produced in the West by Western scholars but …

Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi

Articles

This Article details my experience introducing clinical legal education into three Iraqi law schools. I highlight some of the cultural, legal and logistical obstacles that existed, and the means my colleagues and I used to circumvent them. By and large we considered our project at least modestly successful and certainly garnered the interest of many faculty and nearly all students who participated. Nevertheless, the extent of our success depended largely on the cooperation of the faculty and administration at the law schools with which we worked, and we were able to achieve the most at those institutions where cooperation was …

Naqshbandiyya In Damascus: Strategies To Establish And Strengthen The Order In A Changing Society, Leif Stenberg

Book Chapters / Conference Papers

No abstract provided.

The Revealed Word And The Struggle For Authority: Interpretation And Use Of Islamic Terminology Among Algerian Islamists, Leif Stenberg

Book Chapters / Conference Papers

No abstract provided.