A Continuity of Shari'a : Political Authority and Homicide in the Nineteenth Century / Brian Wright.

Format:

Book

Author/Creator:

Wright, Brian (Professor of Islamic Studies), author.

Language:

English

Subjects (All):

Homicide (Islamic law)--Influence.

Homicide (Islamic law).

Homicide--Law and legislation--Egypt.

Homicide.

Homicide--Law and legislation--India.

Homicide--Law and legislation--Turkey.

Murder (Islamic law).

Physical Description:

1 online resource (174 pages)

Place of Publication:

Cairo, Egypt : The American University in Cairo Press, [2023]

Summary:

"In the second half of the nineteenth century, states across the Muslim World developed new criminal codes and reshaped their legal landscapes, laying the foundations of the systems that continue to inform the application of justice today. Influenced by colonialism and the rise of the modern state's desire to control their populations, many have seen the introduction of these codes as a pivotal shift and divergence from the Shariʼa, the dominant paradigm in premodern Muslim jurisdictions. In A Continuity of Shari'a, Brian Wright challenges this view, comparing between the Egyptian, Ottoman, and Indian contexts. By examining the environment in which the new codes were created, highlighting the work of local scholars and legal actors, and examining the content of the codes themselves, Wright argues that the criminal systems of the late nineteenth century have more connections to their past than previously understood. Colonial influence was adapted to local circumstances and synthesized with premodern understandings in an eclectic legal environment to create solutions to local problems while maintaining a continuity with the Shari'a."-- Provided by publisher.

Contents:

Intro

Title Page

Copyright

Dedication

Contents

Note on Abbreviations, Cases, and Transliteration

Preface

Acknowledgments

Introduction

The End of the Shariʻa

Homicide as a Point of Convergence

The Shared Fates of India, Egypt, and the Ottoman Empire

A Question of Terms: Shariʻa versus Law

Defining the Shariʻa

Approaching the Topic: Environment, Actors, and Content

1. Establishing Justice through State Law

India: Following in Mughal Footsteps

The Law of Infidels and the Dar al-Harb Debate

The Ottoman Empire and Egypt: Corruption and the Perception of Crime

Expanding State Control through Siyasa

Conclusion

2. New Elites Shaping the Law

Educating the New Elite

The Fate of Traditional Muslim Institutions

Muhammad Qadri Basha and the Egyptian Penal Code

Nazeer Ahmed and the Indian Penal Code

3. The Classification of Homicide

Developing Hanafi Doctrine

Avoiding Punishment and the Doubt Canon

Muftis in India: Adapting to Accommodate Punishment

Categorization in the Indian Penal Code

The Ottoman and Egyptian Codes

French Influence through Maliki Rulings

From Personal to State Crime

4. Establishing Criminal Intent

Deadly Weapons: The Hanafi Approach

Deadly Weapon versus Motive in British India

Weapons and Premeditation in the Ottoman and Egyptian Codes

5. Criminal Responsibility

Juvenile Offenders

Insanity

Shared Criminal Responsibility

6. Changing Tides and Islamism

A Uniquely "Islamic" Civilization

Redefining the Shariʻa as Fiqh

Egypt and the Fate of Article 32

India and the Call for Muslim Leadership

Conclusion and a Search for Continuity

Conclusion: A Bridge between Systems

Colonialism and Local Actors

Redefining the Shariʻa.

Implications and Limitations

Notes

Bibliography

Index.

Notes:

Description based on print version record.

Includes bibliographical references (pages 164-170) and index.

ISBN:

9781649032645

1649032641

9781649032638

1649032633

OCLC:

1371143474