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islamic jurisprudence lecture 12 [6a9a7657]

Tags: islamic jurisprudence

1. Peters - Crime in Islamic Law

  • Chapter 2

    • large amount of loopholes

    • question of theft

      • tossing of necklace and

    • premodern scholars talk about zina hurts people who commit zina

      • zina was happening in mecca and medina
      • if it was happening in mecca and medina during the life of the profit, what hope is there
    • outsourcing to the shurta/emir/sultan
    • the idea that god is so sublime and without need that it is not necessay all the crimes against him be published
    • the hadd crimes serve as a rhetorical device

    • can you go unpunished for murder?

      • the rights of man and the rights of god

    • does the state put guardrails on power?

      • does the lack of constraint on the state in sharia a realist understanding

    • the personalness means less punishment?

    • reprimand - the shame of being reprimanded

      • for the elite it shouldn't and doesn't need to be public

        • "anticipatory shame"
        • status discourse of moral formation - are elites thought to be a "moral"
        • classifical fiqh treats social repute as an asset
    • murder - if there are no heirs, the state is the plantiff
    • transmogrifying into monetary fines

  • chapter 4

    • three ways islamic law is eclisped

      • abolished completely (usually france)

      • reformed (india, nigeria)

        • british sort of saw some aspects of islamic law, mostly that it was non-deterministic and the payment of blood money

        • british caring about limbs over life

          • easier to forget the dead, the sight of the mutilated engenders moral outrage
          • mini-theaters of punishment

        • transmogrify blood money into lengths of incarceration

          • does blood money threaten the stabilty of the state?
          • the discretion of the victim

          • the rape victim with the mahar

            • victim made it stick - page 139

      • sisasa reform (ottoman, egypt)

        • when did stonings stop? when did amputations stop?

2. eltantawi - Shariah on Trial

  • how is she defining democracy?

    • her interlocutor defines democracy as a
  • reading by ache - the ways in which sharia was implemented there
  • belief in the moral rengeration of society

  • sufi discourses -> being part of a tariqa -> disambiguating islamic teachings

    • having a teacher that makes it monovocal for you
    • when we search for multi-vocality, is that fundalmentally wrong?

3. kenthammer

  • the sharia paradox
  • when the discourse is more inclusive, do we believe its actually mono-vocal
  • is this because non-learned voices are not part of the conversation?