Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making

Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making

by Rachel M. Scott
Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making

Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making

by Rachel M. Scott

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Overview

By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law.

Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia.

Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.


Product Details

ISBN-13: 9781501753978
Publisher: Cornell University Press
Publication date: 03/15/2021
Pages: 282
Product dimensions: 6.00(w) x 9.00(h) x 0.64(d)
Age Range: 18 Years

About the Author

Rachel M. Scott is Associate Professor of Islamic Studies at Virginia Tech. She is author of The Challenge of Political Islam.

Table of Contents

Introduction
Part I: Constitutions and the Making and Unmaking of Egyptian Nationalism
1. Constitutions, National Culture, and Rethinking Islamism
2. The Sharia as State Law
3. Constitution Making in Egypt
Part II: Recasting Islamic Law: Case Studies
4. The Ulama, Religious Authority, and the State
5. The "Divinely Revealed Religions"
6. The Family Is the Basis of Society
7. Judicial Autonomy and Inheritance
Conclusion

What People are Saying About This

Pieternella van Doorn-Harder

Recasting Islamic Law is a joy to read. Rachel M. Scott brilliantly uses the Constitution as point of departure to elucidate some complex issues and debates within Egyptian society over the course of one century within patterns of thinking concerning the role of religion, minorities, and women.

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