front cover of Fatwas and Court Judgments
Fatwas and Court Judgments
A Genre Analysis of Arabic Legal Opinion
Ahmed Fakhri
The Ohio State University Press
Fatwas and Court Judgments: A Genre Analysis of Arabic Legal Opinion uses a genre analysis approach to investigate how Arabic legal opinion is linguistically and rhetorically constructed in two culturally significant types of texts: secular court judgments and fatwas, the Islamic edicts based on sharii’a law. Ahmed Fakhri’s analysis shows that the court judgments exhibit several Western-inspired features, particularly the complexity of syntax and the rhetorical moves utilized to construct arguments. But the fatwas maintain conventional Arabic patterns of persuasion, such as citing religious texts, relying on affective appeal, and offering moral advice. Showing how these two radically different rhetorical traditions coexist, Fatwas and Court Judgments totally re-conceptualizes Arabic legal argumentation by highlighting its diverse sources and hybridity.
 
The differences between the two genres stem from elements of their socio-cultural context, such as the role relations of the participants and the characteristics of the institutions to which the genres belong. Moving beyond these contexts, Fatwas and Court Judgments reveals generic practices that have broad implications for understanding various aspects of wider Arab culture, including the tension between modern secular ideologies and traditional religious beliefs, the male-dominated access to discourse, and the prevalence of utilitarian attitudes exhibited in “fatwa shopping.”
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Islam in the Digital Age
E-Jihad, Online Fatwas and Cyber Islamic Environments
Gary R. Bunt
Pluto Press, 2003

The Internet is an increasingly important source of information for many people in the Muslim world. Many Muslims in majority and minority contexts rely on the Internet -- including websites and e-mail -- as a primary source of news, information and communication about Islam. As a result, a new media culture is emerging which is having a significant impact on areas of global Muslim consciousness. Post-September 11th, this phenomenon has grown more rapidly than ever.

Gary R. Bunt provides a fascinating account of the issues at stake, identifying two radical new concepts:

Firstly, the emergence of e-jihad ('Electronic Jihad') originating from diverse Muslim perspectives -- this is described in its many forms relating to the different definitions of 'jihad', including on-line activism (ranging from promoting militaristic activities to hacking, to co-ordinating peaceful protests) and Muslim expression post 9/11.

Secondly, he discusses religious authority on the Internet -- including the concept of on-line fatwas and their influence in diverse settings, and the complexities of conflicting notions of religious authority.

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Islamic Legal Interpretation
Muftis and Their Fatwas
Muhammad Khalid Masud
Harvard University Press, 1996

For more than a millennium, fatwas have guided and shaped Muslim understandings of Islamic law. The whole world knows of Ayatollah Khomeini’s fatwa in the Salman Rushdie case, yet this key institution in Muslim society has not been the subject of a major examination until now.

Ranging in import from the routine to the revolutionary, and in form from one-line answers to short treatises, fatwas have served to reaffirm received wisdom, caution against error, and chart novel responses to changing circumstances. The interpreters, the muftis of Islam, have included the greatest independent scholars of the ages, heads of large state bureaucracies, and unassuming jurists in local districts. Their vital task, which continues today in published collections as well as on radio and television, is to strive to interpret God’s design for the Muslim community.

Islamic Legal Interpretation uses an approach unique in Islamic studies, a casebook of expert analyses of fatwas from a wide range of times and places. The editors’ first chapter sets forth the origins, classical diversity, and modern development of the fatwa, while the following chapters illustrate particular opinions and their contexts. The approach throughout is interdisciplinary, as historians, lawyers, language specialists, and social scientists address fatwas as fundamental sources on both Islamic legal thought and Islamic social history.

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Questioning Secularism
Islam, Sovereignty, and the Rule of Law in Modern Egypt
Hussein Ali Agrama
University of Chicago Press, 2012
The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations’ secular identities. But what, exactly, is secularism? What has the West’s long familiarity with it inevitably obscured? In Questioning Secularism, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.
 
Drawing on a precedent-setting case arising from the family law courts —the last courts in Egypt to use Shari‘a law—Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism’s dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, Questioning Secularism lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.
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