islamic jurisprudence lecture 12

Tags: islamic jurisprudence

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?
    • foucault
  • 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?

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?

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?