DOCSLIB.ORG

THE OTHER EUROPEAN MUSLIMS a Bosnian Experience

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
THE OTHER EUROPEAN MUSLIMS a Bosnian Experience THE OTHER EUROPEAN MUSLIMS A Bosnian Experience THEFikret OTHER Karčić EUROPEAN MUSLIMS A Bosnian Experience Center for Advanced Studies, Sarajevo, 2015 www.cns.ba All rights reserved. Copyright ©2015 Fikret Karčić, Proofreader: Hikmet Karčić CIP - Katalogizacija u publikaciji Nacionalna i univerzitetska biblioteka Bosne i Hercegovine, Sarajevo 28-67(4) 28-12-9 KARČIĆ, Fikret studije = Center for Advanced Studies, 2015. - 216 str. : graf. prikazi ; 24 cm The Other European Muslims : a Bosnian experience / Fikret Karčić. - Sarajevo : Centar za napredne Bibliografija i bilješke uz tekst. ISBN 978-9958-022-19-7 COBISS.BH-ID 22557702 Fikret Karčić THE OTHER EUROPEAN MUSLIMS A Bosnian Experience Cover image: Scene from Sarajevo c. 1898; photograph by Ignatz Lederer. Courtesy by Archive of the Gazi Husrev-beg Library, Sarajevo. Publication of this book has been made possible through the support of the International Institute of Islamic Thought (IIIT). PREFACE This book includes eleven articles published in English by this author during the period between 1995- 2010. The articles were published in three journals with whom the author collaborated: Intellectual Dis- course, of the Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, where the author taught for almost nine years (1993-2002), Islamic Studies, of Islamic Research Institute, Islamabad (Pakistan), whose editor prof. Zafar Ish- aq Ansari long time ago initiated fruitful cooperation with the author as well as London-based The Islamic Quarterly, where the author pub- lished one article. Two articles were published as chapters in books related to Islam in Europe. The articles belong to three main areas of the author’s interest: Islamic studies, Islamic revival and institutions in Bosnia and Herzego- vina and historical destiny of the Balkan Muslims. Consequently, this - thor’s interest. book is divided into three sections reflecting the three areas of the au „Textual Analysis in Islamic Studies: A Short Historical and Comparative Survey“The dealsfirst section with the on methodIslamic Studiesof textual includes analysis four and articles.The its applicability article with regard to the text of Qur’an, the text of Hadith and texts of Islamic heritage. The article „Applying the Shari‘ah in Modern Societies: Main De- velopments and Issues “addresses the theme of the relevance of Islamic normative system for contemporary Muslim majority and minority soci- eties. The article „The Reform of Shari’a Courts and Islamic Law in Bos- nia and Herzegovina 1918-1941“explores developments in the system of administration of Shari’a in Bosnia and Herzegovina in its last phase, be- fore the abolishment of Islamic courts in 1946. Finally, the article “Secular State and Religion(s) – Remarks on the Bosnian Experience in Regulating Religion and Relations in View of the New Law on Freedom of Religion” investigates the concept of secular state and its application in contempo- rary Bosnia and Herzegovina. 5 / The Other European Muslims: a Bosnian Experience Fikret Karčić Four articles are included into the section on Islamic Revival and Institutions in Bosnia: “Islamic Revival in the Balkans 1970-1992” explores developments within Muslim communities of the then Yu- goslavia, Albania and Bulgaria in the last decades of the 20th centu- ry. A focused study of a factor of Islamic revival in Bosnia is provided in the article „PREPOROD Newspaper: An agent of and a Witness to Islamic Revival in Bosnia“, showing the importance of print media in the dynamization of a particular Muslim community. Two other arti- cles deal with the institutional framework of Islamic administration in contemporary Bosnia. The article “Administration of Islamic Affairs in Bosnia and Herzegovina“ gives a historical background and contempo- of Ra’is al-Ulama Among the Bosniaks (Bosnian Muslims)“ attempts torary trace structure the origins, of Islamic the legitimization administration, and while the prerogatives the article „The of the Office top religious leadership of Bosnian Muslims. Finally, the section Balkan Muslims in the 20th Century comprises three articles. The article “The Eastern Question - A Paradigm for Under- standing the Balkan Muslims’ History in the 20th Century” interprets the whole modern history of the Balkan Muslims as a continuation of „Eastern Question“ methods and mentality. The second article “Distort- ed Images of Islam: The Case of Former Yugoslavia” depicts the process - ocidal policy against the Muslims. The third article “Bosnian Young Mus- lims:of vilification A Review of Essay”Islam in shed former lights Yugoslavia on the issue as a preludeof The toYoung the later Muslims gen Association, an Islamist organization active in Bosnia and Herzegovina during the middle of the 20th Century. Collecting articles published in different publications and or- ganizing them in a book gives to those articles a new life and new di- mensions. Separate topics become parts of the new whole and issues separately studied could be seen in a wider perspective. With these thoughts I present this book to the public. Transliteration and style of citation is left as originally published in different periodicals. Fikret Karčić Sarajevo 2015. 6 ISLAMIC STUDIES TEXTUAL ANALYSIS IN ISLAMIC STUDIES: A SHORT HISTORICAL AND COMPARATIVE SURVEY* The two main sources ofIntroduction Islamic teachings are the Qur’an (the revealed Word of God), and the Sunnah. - stance, were orally transmitted and then reduced to writing and were preserved as such with great careThey by Muslims.are texts The which, efforts in the of Muslims first in to understand these two main sources have also been recorded and preserved in the textual form. Thus, study of texts (dirasat al-nusus) represents the approach predominant in the Islamic scholarly tradition. This approach is also common for the study of the authoritative religious texts in gener- al (scriptures and other religious writs) as well as the works aimed at elucidating them. However, the fundamental premises and proce- even when applied to religious texts, textual studies acquire certain dures in the first category differ from those in the second. Besides, thisspecific context, features textual depending studies include on the study nature of theof thehistory understanding of the text and of itsspecific oral orreligious written texts features. and the They structure also include of the religion analysis, under preservation study. In and transmission of the text as well as the text’s social and cultural roles. The present paper attempts to demarcate the salient features of textual analysis as in vogue among Muslim scholars in approaching the Islamic Revealed Texts as well as the texts pertaining Islamic heritage. * Islamic Studies, 45:2 (2006), pp. 191-220. The Bosnian version of this paper was published as a brochure under the title O meto- du tekstualne analize u islamskim naukama; kratak historijski i uporedni prikaz (Sarajevo: Fakultet islamskih nauka, 2004). 9 / The Other European Muslims: a Bosnian Experience Fikret Karčić This paper opens with consideration of the contemporary concept of text and textual analysis followed by an attempt to compare it with the Muslim understanding of these concepts. This will be followed by a brief history of the development of the method of textual analysis among Muslim scholars and its application to the main Islamic disci- plines. Since for the last two centuries Islamic texts have also drawn the attention of non-Muslim scholars who have produced a considera- the Orientalist discourse will also be surveyed and the salient differ- encesble amount between of literature the Muslim in the and field, the theWestern textual traditions analysis appliedof scholarship within - vantages and limitations of the method employed by Muslim scholars towill be be followed identified. by Finally,a consideration an attempt of willthe possiblebe made improvementsto highlight the that ad can be brought about in this method. Definition of the Method of Textual Analysis - writtenThe essential material. element But there in the are definition different ofkinds textual of texts: analysis literary, is the histor con- ical,cept sacredof the text.and Inprofane. humanities, In contemporary the text is traditionally times, even defined socio-cultural as any 1 Can the origin of a text be simply brushed aside and ignored by the re- searcher?artefacts (film, Contemporary music, group secular behaviour) scholars are answer included this in question this category. in the being no difference between the two. For Muslim scholars, however, theaffirmative origin of and a textsay thatis of every crucial text importance. is a text, be Itsit divine origin or determines human, there its nature and its epistemological status. Since the origin and the nature of texts vary, so do the assumptions, procedures and techniques of tex- tual analysis. Analysis means the breaking down of something into its compo- nent parts. Consequently, to analyse a text means to break it down into its component parts, to examine them, and to offer an interpretation of the component parts as well as of the whole. By means of interpre- 1 See for further explanation, John Mowitt, Text: The Genealogy of an Antidisciplinary Object (Durham, NC: Duke University Press, 1992). 10 Islamic Studies / Textual Analysis in Islamic Studies tation we are able to go beyond the obvious meaning of the text and to read the implied meaning or sub-text. Textual analysis, in its contemporary usage, deals with three main issues, namely: (1) the authenticity of the text; (2) the validity of its interpretation; and (3) the veracity of the facts embodied in the text.2 These three main issues in textual analysis have been dealt with sub-disciplines. throughThe issuespecific of theprocedures authenticity and oftechniques a text belongs of certain to a branch disciplines of schol and- arship conventionally known as textual criticism. This discipline at- tempts to determine the origin or authorship of a text, its authenticity, and its original form in case there is a multiplicity of text forms.3 Mus- lim scholars deal with this issue in different disciplines under a topic known as thubut al-nusus.
Load more

Recommended publications
  • "Greater Albania: Kosovo and Surrounds" ("Adventures in Slobostan," Part Two) by Chandler Rosenberger OT for PUBLICATION WITHOUT WRITER's CONSENT Mr
    (6) INSTITUTE OF CURRENT WORLD AFFAIRS "Greater Albania: Kosovo and surrounds" ("Adventures in Slobostan," Part Two) by Chandler Rosenberger OT FOR PUBLICATION WITHOUT WRITER'S CONSENT Mr. Peter Bird Martin c/o ICWA 4 W. Wheelock Street Hanover, N.H. 03755 U.S.A. Dear Peter, Will the Yugoslav war migrate again? First the Yugoslav federation fought to keep Croatia and Slovenia from leaving. Now the war is on keep Bosnia. But these three aren't the only regions to try to get out. The former Yugoslav Republic of Macedonia and Kosovo, now a region of Serbia itself, have also both voted in referenda to break from Belgrade. Macedonia has even suc- Cluj ceeded. But will these two suffer the fate of the other Sibiu three? Will the Yugoslav Na- tional Army fight for the federation's last scraps? Perhaps, but not because Kosovo and Macedonia are like B O S N A BELGRADE Croatia and SIovenia. If the YU OSLAVlA war moves to these regions, it AN D Kragujevac Sarajevo will be because they are unlike SERBIA HERZEGOVIN the republics to the west. A Nis BULGARIA battle for Kosovo wouid war on and for Serbian soil. To the -. Leskovac Niksic 'qtova:.." Mitrovica Serb mind, the residents of SOFIA Pristina Kosovo who voted last year for Gnjilane [" independence have committed a much more serious sin than *Skopje leaving their federation. They, MACEDONIA TIRANA mostly ethnic Albanians, have (R). Serrai Bitola threatened to seize part of ALBANIA Serbia itself. Any of the large Thessalonika number of Albanians living in ITALY Korce Taranto Macedonia who supported GREECE them in a conflict would be accessories to the crime.
    [Show full text]
  • Topkapi Palace As a Moral and Political Institutional Structure in the Ottoman Palace Organization
    International Journal of Humanities and Social Science Vol. 7, No. 3; March 2017 Topkapi Palace as a Moral and Political Institutional Structure in the Ottoman Palace Organization Samed Kurban Research Assistant Faculty of Economics and Administrative Sciences Department of Public Administration Dumlupınar University Kutahya/Turkey Abstract The Topkapı Palace is a building built after the conquest of Istanbul, where the Ottoman Empire was ruled and where the sultans and their families resided until the mid-19th century. The palace, which has been in service for a period of about 400 years in the Ottoman Empire's lifetime of six centuries, functions as a living space of Ottoman administration and politics and ethics with the practices, customs and traditions that took place during this period. Therefore, it is a very important reference for the Ottoman State. It must be said that this position is very different from a state or presidential residence existing in modern states. The rules, which have been strictly respected for centuries and the existence of a system that operates on a regular basis, place Topkapı Palace in a privileged position. It is possible to see this characteristic in the organizational structure of Topkapı Palace. Especially the Enderun and Harem constructions, which are located in the third yard within the palace, have very important functions in the Ottoman State regarding the distinction between public and private spaces. In the study, the place where Topkapı Palace has taken as a moral and political institutional structure in the Ottoman State shall be revealed in terms of the three main gates of the palace and the courts that these gates open to.
    [Show full text]
  • Christian Allies of the Ottoman Empire by Emrah Safa Gürkan
    Christian Allies of the Ottoman Empire by Emrah Safa Gürkan The relationship between the Ottomans and the Christians did not evolve around continuous hostility and conflict, as is generally assumed. The Ottomans employed Christians extensively, used Western know-how and technology, and en- couraged European merchants to trade in the Levant. On the state level, too, what dictated international diplomacy was not the religious factors, but rather rational strategies that were the results of carefully calculated priorities, for in- stance, several alliances between the Ottomans and the Christian states. All this cooperation blurred the cultural bound- aries and facilitated the flow of people, ideas, technologies and goods from one civilization to another. TABLE OF CONTENTS 1. Introduction 2. Christians in the Service of the Ottomans 3. Ottoman Alliances with the Christian States 4. Conclusion 5. Appendix 1. Sources 2. Bibliography 3. Notes Citation Introduction Cooperation between the Ottomans and various Christian groups and individuals started as early as the beginning of the 14th century, when the Ottoman state itself emerged. The Ottomans, although a Muslim polity, did not hesitate to cooperate with Christians for practical reasons. Nevertheless, the misreading of the Ghaza (Holy War) literature1 and the consequent romanticization of the Ottomans' struggle in carrying the banner of Islam conceal the true nature of rela- tions between Muslims and Christians. Rather than an inevitable conflict, what prevailed was cooperation in which cul- tural, ethnic, and religious boundaries seemed to disappear. Ÿ1 The Ottomans came into contact and allied themselves with Christians on two levels. Firstly, Christian allies of the Ot- tomans were individuals; the Ottomans employed a number of Christians in their service, mostly, but not always, after they had converted.
    [Show full text]
  • (2012), Ss. 27-53
    Recep Tayyip Erdoğan Üniversitesi İlahiyat Fakültesi Dergisi 2 (2012), ss. 27-53. OSMANLININ SON DÖNEMİNDE RİZE’DE SOSYAL HAYAT (1911-1913) Nebi Gümüş | Ümit Erkan Recep Tayyip Erdoğan Üniversitesi İlahiyat Fakültesi Doç. Dr., İslam Tarihi | Arş. Gör., İslam Mezhepleri Tarihi Özet: Bu çalışma, 1911-1913 yıllarına ait kayıtları ihtiva eden 1509 nolu Rize Şer‟iyye Sicili ışığında Osmanlı Devleti‟nin son döneminde Rize‟de sosyal hayatla alâkalı bazı konulara temas etmeyi amaçlamaktadır. Bu çerçevede 19. yüzyıl sonu ile 20. yüzyıl başında Rize‟de aile yaşantısı, Müslüman toplum ile gayri- müslim kesimler arasındaki ilişkiler, ticari hayat ve miras taksiminin yanı sıra güvenlik sorunları gibi konular üzerinde durulmuştur. Anahtar kelimeler: Rize, Şer‟iyye Sicilleri, Tarih, Osmanlı, Aile, Hukuk Social Life in Rize at the Last Period of Ottomans (1911-1913) Abstract: This study aims to the findings about Rize‟s social life, relations between Muslim and the non-muslims, commercial life, the distribution of heri- tage and security problems in the light of Sharia Court Records numbered 1509 in the last period of the Ottoman Empire, which covers the dates between 1911 and 1913. Key words: Rize, Sharia Court Records, History, Ottoman, Family, Law. الحياة اﻻجتماعية في العهد العثماني اﻷخير في مدينة ريزة )1111-1111( الملخص هذي الدراست تهدف إلى التطزق لبعض المىضىعاث المتعلقت بالحياة اﻻجتماعيت في العهد العثماوي اﻷخيز في مديىت ريزة على ضىء السجﻻث الشزعيت الشاملت ما بيه 1111-1111للهجزة . وقد ارتكزث الدراست على بعض العىاويه في هذا اﻹطار مثل الحياة الزوجيت والحياة التجاريت والتقسيماث اﻹرثيت والمعامﻻث بيه المسلميه و غيز المسلميه باﻹضافت إلى المشكﻻث اﻷمىيت ما بيه أواخز القزن التاسع عشز و أوائل القزن العشزيه في مديىت ريزة.
    [Show full text]
  • Role of Religion in the Western Balkansâ•Ž Societies
    Occasional Papers on Religion in Eastern Europe Volume 39 Issue 5 Article 2 8-2019 Role of Religion in the Western Balkans’ Societies - Full Text Follow this and additional works at: https://digitalcommons.georgefox.edu/ree Part of the Eastern European Studies Commons, and the Religion Commons Recommended Citation (2019) "Role of Religion in the Western Balkans’ Societies - Full Text," Occasional Papers on Religion in Eastern Europe: Vol. 39 : Iss. 5 , Article 2. Available at: https://digitalcommons.georgefox.edu/ree/vol39/iss5/2 This Article, Exploration, or Report is brought to you for free and open access by Digital Commons @ George Fox University. It has been accepted for inclusion in Occasional Papers on Religion in Eastern Europe by an authorized editor of Digital Commons @ George Fox University. For more information, please contact [email protected]. Role of Religion in the Western Balkans’ Societies Conference Volume Country snapshots, elite survey reports and papers delivered to the conference Tirana, June 2019 Disclaimer: This study was conducted in the framework of the Project “Exploring the role of Religion in the Western Balkan societies” with the support of a grant of the Netherlands Ministry of Foreign Affairs awarded in the framework of the Human Rights Fund. The objectives, proper implementation and results of this project constitute responsibility for the implementing organization – Institute for Democracy and Mediation. Any views or opinions presented in this project are solely those of the implementing organisation and do not necessarily represent those of the Dutch Government. Implementing partners: Editing Board Leonie Rakaj – Vrugtman Aleksandar Takovski Tarik Jusić Nenad Zekavica Viktorija Borovska ISBN 978-9928-4385-3-9 Copyright ©IDM 2019.
    [Show full text]
  • Ottoman Empire and Lasted Well Beyond the Colonial Period
    2 | Shari'ah: From Diverse Legal Discourse to Colonial Misrepresentation Author Biography Tesneem Alkiek is the Director of Expanded Learning and a Fellow at Yaqeen. She completed her undergraduate degree in Early Christianity and Islamic Studies at the University of Michigan. She is currently a Ph.D. candidate in Islamic Studies at Georgetown University with a focus on the development of Islamic law. Disclaimer: The views, opinions, findings, and conclusions expressed in these papers and articles are strictly those of the authors. Furthermore, Yaqeen does not endorse any of the personal views of the authors on any platform. Our team is diverse on all fronts allowing for constant enriching dialogue that helps us produce only the finest research. Copyright © 2019. Yaqeen Institute for Islamic Research 3 | Shari'ah: From Diverse Legal Discourse to Colonial Misrepresentation Introduction Just over a century after the Prophet’s passing, Ibn al-Muqaffaʿ, the well-known Persian secretary and vizier to the second Abbasid caliph al-Manṣūr, penned his famous Risāla fī al-Ṣaḥāba (Epistle Concerning the Entourage), advising the ​ ​ ​ ​ caliph on how to confront the political troubles of his caliphate.1 Among his handful of recommendations, Ibn al-Muqaffaʿ suggested that the caliph codify the growing corpus of what constituted Islamic law. Although the Caliph al-Manṣūr did not ultimately undertake Ibn al-Muqaffaʿ’s proposal, he did have another idea: why not simply use the respectable Imam Malik’s legal compendium, al-Muwaṭṭaʾ , ​ as a standardized legal code?2 When the caliph summoned Imam Malik to propose this idea, however, Imam Malik did not hesitate to reject the proposition.
    [Show full text]
  • RESEARCH in the HISTORY of ECONOMIC THOUGHT and METHODOLOGY RESEARCH in the HISTORY of ECONOMIC THOUGHT and METHODOLOGY Founding Editor: Warren J
    RESEARCH IN THE HISTORY OF ECONOMIC THOUGHT AND METHODOLOGY RESEARCH IN THE HISTORY OF ECONOMIC THOUGHT AND METHODOLOGY Founding Editor: Warren J. Samuels (1933–2011) Series Editors: Luca Fiorito, Scott Scheall, and Carlos Eduardo Suprinyak Recent Volumes: Volume 35A: Research in the History of Economic Thought and Methodology: Including a Symposium on the Historical Epistemology of Economics; 2017 Volume 35B: Research in the History of Economic Thought and Methodology: Including a Symposium on New Directions in Sraffa Scholarship; 2017 Volume 36A: Research in the History of Economic Thought and Methodology: Including a Symposium on Bruce Caldwell’s Beyond Positivism after 35 Years; 2018 Volume 36B: Research in the History of Economic Thought and Methodology: Including a Symposium on the Work of Mary Morgan: Curiosity, Imagination, and Surprise; 2018 Volume 36C: Research in the History of Economic Thought and Methodology: Including a Symposium on Latin American Monetary Thought: Two Centuries in Search of Originality; 2018 Volume 37A: Research in the History of Economic Thought and Methodology: Including a Symposium on 50 Years of the Union for Radical Political Economics; 2019 Volume 37B: Research in the History of Economic Thought and Methodology: Including a Symposium on Ludwig Lachmann; 2019 Volume 37C: Research in the History of Economic Thought and Methodology: Including a Symposium on Robert Heilbroner at 100; 2019 Volume 38A: Research in the History of Economic Thought and Methodology: Including a Symposium on Public Finance in the History of Economic Thought; 2020 EDITORIAL BOARD Michele Alacevich Nicola Giocoli University of Bologna, Italy University of Pisa, Italy Rebeca Gomez Betancourt Harald Hagemann University of Lumière Lyon 2, France University of Hohenheim, Germany John Davis Tiago Mata Marquette University, USA; University University College, London, of Amsterdam, The Netherlands UK Till Düppe Steven Medema Université du Québec à Montréal, University of Colorado Denver, Canada USA Ross Emmett Gary Mongiovi Arizona State University, USA St.
    [Show full text]
  • (2012), Ss. 27-53
    Recep Tayyip Erdoğan Üniversitesi İlahiyat Fakültesi Dergisi 2 (2012), ss. 27-53. OSMANLININ SON DÖNEMİNDE RİZE’DE SOSYAL HAYAT (1911-1913) Nebi Gümüş | Ümit Erkan Recep Tayyip Erdoğan Üniversitesi İlahiyat Fakültesi Doç. Dr., İslam Tarihi | Arş. Gör., İslam Mezhepleri Tarihi Özet: Bu çalışma, 1911-1913 yıllarına ait kayıtları ihtiva eden 1509 nolu Rize Şer‟iyye Sicili ışığında Osmanlı Devleti‟nin son döneminde Rize‟de sosyal hayatla alâkalı bazı konulara temas etmeyi amaçlamaktadır. Bu çerçevede 19. yüzyıl sonu ile 20. yüzyıl başında Rize‟de aile yaşantısı, Müslüman toplum ile gayri- müslim kesimler arasındaki ilişkiler, ticari hayat ve miras taksiminin yanı sıra güvenlik sorunları gibi konular üzerinde durulmuştur. Anahtar kelimeler: Rize, Şer‟iyye Sicilleri, Tarih, Osmanlı, Aile, Hukuk Social Life in Rize at the Last Period of Ottomans (1911-1913) Abstract: This study aims to the findings about Rize‟s social life, relations between Muslim and the non-muslims, commercial life, the distribution of heri- tage and security problems in the light of Sharia Court Records numbered 1509 in the last period of the Ottoman Empire, which covers the dates between 1911 and 1913. Key words: Rize, Sharia Court Records, History, Ottoman, Family, Law. الحياة اﻻجتماعية في العهد العثماني اﻷخير في مدينة ريزة )1111-1111( الملخص هذي الدراست تهدف إلى التطزق لبعض المىضىعاث المتعلقت بالحياة اﻻجتماعيت في العهد العثماوي اﻷخيز في مديىت ريزة على ضىء السجﻻث الشزعيت الشاملت ما بيه 1111-1111للهجزة . وقد ارتكزث الدراست على بعض العىاويه في هذا اﻹطار مثل الحياة الزوجيت والحياة التجاريت والتقسيماث اﻹرثيت والمعامﻻث بيه المسلميه و غيز المسلميه باﻹضافت إلى المشكﻻث اﻷمىيت ما بيه أواخز القزن التاسع عشز و أوائل القزن العشزيه في مديىت ريزة.
    [Show full text]
  • Judicial Activism of the Shari'ah Appeals Court in Israel (1994-2001): Rise and Crisis
    Fordham International Law Journal Volume 27, Issue 1 2003 Article 10 Judicial Activism of the Shari’ah Appeals Court in Israel (1994 - 2001): Rise and Crisis Dr. Moussa Abou Ramadan∗ ∗ Copyright c 2003 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Judicial Activism of the Shari’ah Appeals Court in Israel (1994 - 2001): Rise and Crisis Dr. Moussa Abou Ramadan Abstract The main thesis of this Article is that after 1994, with the nomination of new qadis to the Shari‘ah Court, a process of judicial activism began, which continues until this day. This process has been characterized by the qadis’ attempts to strengthen the position of the Shari‘ah Appeals Court. In some fields the qadis’ activism has been more successful than in others. Recently however, it seems that the Shari‘ah system is undergoing a crisis. The author will analyze the actions of the Shari‘ah Appeals Court on several parallel levels: (1) the strengthening of its position compared with those of the civil courts and the regional Shari‘ah Courts; and (2) a symbolic strengthening of its position in relation to (i) Israeli Law; (ii) the litigants and their attorneys; and (iii) the Muslim public. The author will then analyze the current crisis of the Shari‘ah system and the need for reform. The author will focus upon the internal dynamics of the Shari‘ah Court of Appeals, the interaction of its different actors, and suggest reforms to be made that will strengthen the legitimacy of its position in relation to the State of Israel and with the Muslim populous.
    [Show full text]
  • A Prolonged Abrogation? the Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty During World War 1
    International Journal of Middle East Studies (2020), 52, 245–260 doi:10.1017/S002074382000001X ARTICLE A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1 Kate Dannies1* and Stefan Hock2 1Global and Intercultural Studies, Miami University, Oxford, Ohio, USA and 2Department of History, Georgetown University, Washington, DC, USA; email: [email protected] *Corresponding author. E-mail: [email protected] Abstract The 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demon- strate that passage of the law was a critical turning point in the wartime process of abrogating the capitula- tions and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short- lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire. Keywords: capitulations; extraterritoriality; Islamic law; Mecelle; Ottoman Law of Family Rights; sovereignty; Tanzimat; World War 1 On 9 September 1914, Ottoman grand vizier and foreign minister Said Halim Pasha announced the abro- gation of the capitulatory rights of foreign states in the Ottoman Empire, effective 1 October 1914.
    [Show full text]
  • Polygamy and Religious Polemics in the Late Ottoman Empire: Fatma Âliye and Mahmud Es‘Ad’S Ta‘Addüd-I Zevcât’A Zeyl
    Cihannüma Tarih ve Coğrafya Araştırmaları Dergisi Sayı I/2 – Aralık 2015, 61-79 POLYGAMY AND RELIGIOUS POLEMICS IN THE LATE OTTOMAN EMPIRE: FATMA ÂLIYE AND MAHMUD ES‘AD’S TA‘ADDÜD-İ ZEVCÂT’A ZEYL Scott Rank* Abstract Although Ottomans accepted polygamy according to the tenets of Hanafi Islamic law, they argued over its social and legal aspects throughout the classical period. In the late 19th century these debates became explicitly connected to contemporary political events. Authors supported or opposed polygamy by referencing marriage and divorce rates in Europe, Protestant missionary activity in Africa, and their belief in the civilizational superiority of the Islamic world over the West. Polygamy was not only contested through modern politics. It was also discussed in light of the genre of Muslim religious polemics. In 1898 three modernist authors debated these issues in the journal Malûmât: Fatma Âliye, legal scholar Mahmud Es‘ad and Russian Muslim educator and reformer Ismail Gasprinskii. Their correspondence, entitled Ta‘addud̈ -i Zevcât’a Zeyl, deliberated polygamy with regarded to modernist political reform, European colonialism, capitulation agreements, and international trade. They also used arguments from anti- Christian religious polemics. By arguing these issues within the integrated field of religion, these authors used a Hamidian-era discourse describing an Islam compatible with Ottoman notions of modernity. Keywords: polygamy, religious polemics, marriage law, Ottoman Empire, modernization Osmanlı İmparatorluğu'nun Son Yıllarında Çokeşlilik ve Dinî Polemikler: Fatma Âliye ve Mahmud Es‘ad'ın Ta‘addüd-i Zevcât'a Zeyli Özet Osmanlılar Hanefi fıkhın ilkelerine göre çok eşliliği kabul etmelerine rağmen klasik dönem boyunca onun kurumsal ve yasal yönlerini tartışmışlardır.
    [Show full text]
  • Balkan Islam a Barrier Or a Bridge for Radicalisation?
    BALKAN ISLAM A BARRIER OR A BRIDGE FOR RADICALISATION? E con titute omic ns Ins s and International Relatio Friedrich-Ebert-Stiftung Office Bulgaria 97, Knjaz Boris I St. 1000 Sofia, Bulgaria Tel.: +359 2 980 8747 Fax: +359 2 980 2438 http://www.fes-bulgaria.org [email protected] © Cover foto: Ivan Stoimenov ISBN 978-954-2979-38-8 The views expressed in this publication are not necessarily those of the Friedrich-Ebert-Stiftung or of the organisation for which the author works. Commercial use of all media, published by the Friedrich-Ebert-Stiftung (FES), is not permitted without the written consent of the FES. ECONOMICS AND INTERNATIONAL RELATIONS INSTITUTE FRIEDRICH-EBERT-STIFTUNG BULGARIAN DIPLOMATIC SOCIETY BALKAN ISLAM A BARRIER OR A BRIDGE FOR RADICALISATION? Prof. Iskra Baeva, PhD Biser Banchev, PhD Bobi Bobev Peter Vodenski Lyubomir Kyuchukov, PhD Lyubcho Neshkov Lyubcho Troharov Editor Lyubomir Kyuchukov, PhD Sofia, 2018 1 TABLE OF CONTENTS 1. Foreword – Helene Kortländer, PhD; Lyubomir Kyuchukov, PhD; Philip Bokov .....................................3 2. Balkan Islam and Radicalisation: a Barrier in front of the Bridge – Lyubomir Kyuchukov, PhD .....................5 3. Albania: Both a Bridge and a Barrier for Islamic Radicalism – Bobi Bobev, PhD ...................................20 4. Islam in Bosnia and Herzegovina – Lyubcho Troharov ..............34 5. Islam in Bulgaria: Most Muslims in Bulgaria Practice Traditional Islam – Prof. Iskra Baeva, PhD ....................48 6. Kosovo: a Collision Between Traditional Tolerance and Radicalism – Bobi Bobev, PhD .............................61 7. There is No Internal Islamic Threat in Macedonia, Foreign Forces Import Radical Islam – Lyubcho Neshkov ............................................................73 8. The Muslim Communities in Serbia: Between Integration and Radicalisation – Biser Banchev, PhD ................86 9.
    [Show full text]