Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world. Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power. The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.
Interesting arguments regarding Islamic constitutional law
Published by Thriftbooks.com User , 16 years ago
Feldman proposes a brief yet interesting history of Islamic constitutional law. He suggests that a corpus of Islamic legal scholars helped provide a meaningful check against executive power. However, "Westernization" reforms have led to unbridled executive power and marginalized Islamic scholars to issues of family law. Feldman then proposes how a current Islamic state might function with Islamic scholars playing a larger role than merely being confined to family law. Feldman's book is short and does not provide enough evidence to support some of these claims. For example, he does not provide concrete examples of when scholars successfully opposed Sultans and won. He also relies a bit too much on conventional wisdom, such as the claim that most people in Islamic countries want sharia (even if translated into rule of law), which he does not show through polls. The book is a useful thought piece, which is precisely its purpose, but Feldman will need to gather more evidence to fully support his thesis.
Cool headed scholar
Published by Thriftbooks.com User , 16 years ago
It appears Feldman, has stayed true to his scholarly understanding of what Islam is all about, and has not been overtaken by present time demonization of Islam. In reality Islam is modification on Judaism , while accepting the best of Christianity. Saudis, Talaban and Alghadeh are not Islam. They are every thing that Islam negated. Gilded palaces of Saudi Family is not Islamic, restricting women and covering them head to toe is not Islamic, worshiping money is not Islamic. What you see in Islamic world today is Christianity before Renaissance . Islam needs to be rescued from corrupt leaders of the countries committing crimes in the name of Islam. Feldman is well aware of this and has done his research well.
Very good book
Published by Thriftbooks.com User , 17 years ago
The author knows exactly what he is talking about. And unlike most of the literature he is trying to discuss the issue logically and in details. He seems to have very good understanding of the way muslims think in the East.
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