Using the Past and Bridging the Gap: Premodern Islamic Legal Texts in New Media

2018 ◽  
Vol 36 (4) ◽  
pp. 993-1019 ◽  
Author(s):  
Mahmood Kooria
Keyword(s):  
New Media ◽  
Islamic Law ◽  
Legal Tradition ◽  
New Developments ◽  
Digital Platforms ◽  
Historical Texts ◽  
Legal Discourses ◽  
Institutional Structures ◽  
Legal Texts ◽  
Audio Video

This article analyses the internal dynamics of online Islamic legal discourses embedded in their offline and multimedia contexts that use of a rich repository of legal texts composed over a period of about a thousand years. Through their vigorous and spirited engagements with these historical texts, contemporary Islamic jurists simultaneously create new digital platforms in mass and social media to disseminate their ideas. In so doing, they perpetuate a long textual legal tradition through hypertext commentaries and super-commentaries. The premodern texts are thus reborn through new forms ofḥāshiyas such as audio commentaries, video commentaries, audio-video commentaries and hypertext commentaries. These new developments from the age of new media contribute to the textuallongue-duréeof Islamic law. Tracking the peregrinations of three Islamic legal texts in the mass media and cyber world, I argue that the dissemination of premodern Islamic legal texts via cyber space has resulted in the “democratization” of a knowledge-system that was previously dominated by trained fuqahā and affiliated institutional structures and has enlivened the traditional school affiliations.

Reformulating the Madhhab in Cyberspace

2015 ◽  
Vol 22 (4) ◽  
pp. 413-435 ◽  
Author(s):  
Fachrizal A. Halim
Keyword(s):  
New Media ◽  
Communication Technology ◽  
Islamic Law ◽  
Legal Authority ◽  
Legal Tradition ◽  
Media Technology ◽  
Communications Media ◽  
Nation States ◽  
Zero Sum ◽  
Media And Technology

In this essay, I examine the networks and activities of transnational Shāfiʿī scholars in reformulating the madhhab and reviving the legal tradition of the Shāfiʿī school of law for contemporary Muslims. The discussion builds on recent debates in two overlapping fields. The first field argues that new modern communications media and technology have greatly fragmented the authority relationship in Islamic law; the second field centers on the perceived dissolution of the madhhab as a result of the widespread rejection of the authority of classical jurists. I argue that the same new media technology also provides a rationale and an instrument that enable Muslims to reformulate legal doctrines and revive the structure of legal authority as reflected in the school’s tradition. By shifting the operation of the madhhab into cyberspace, these Shāfiʿī scholars have creatively responded to changes in communication technology and have effectively reformulated and refashioned the legal tradition of the madhhab as a practical reference for present-day Muslims. The ongoing presence of the madhhab, in this case, does not necessarily represent a zero sum game in the encounter with the legal reality of the modern nation-states.


What is Cyber or Digital Autoethnography?

2020 ◽  
Vol 13 (3) ◽  
pp. 267-279
Author(s):  
Ahmet Atay
Keyword(s):  
New Media ◽  
Digital Platforms ◽  
Media Technologies ◽  
New Methods ◽  
Everyday Experiences ◽  
New Media Technologies

Because of rapid developments in new media technologies and digital platforms, we live in a media-driven and highly digitalized society. Most of our everyday experiences are either highly mediated or digitalized. Hence, we live in a complex and multidimensional cyberculture. In order to understand and make sense of our experiences and identities within this culture, as scholars, we require fresh, new methods; hence, I propose cyber or digital autoethnography. In this essay, I define cyber or digital autoethnography and making a case for their importance. I will also outline cyber or digital autoethnography’s potentiality.

Fratricide in Ottoman Law

Belleten ◽  
2018 ◽  
Vol 82 (295) ◽  
pp. 1013-1046
Author(s):  
Ekrem Buğra Eki̇nci̇
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Early Period ◽  
Point Of View ◽  
Potential Outcomes ◽  
Legal Principles ◽  
Legal Evidence ◽  
Political Tradition ◽  
Legal Texts

This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The established Turkish political tradition, which is based on the fact that the ruling power is a common patrimony of the members of the dynasty, gave rise to disastrous results in the early period of the Ottoman Empire. Since a strict succession system was not imposed during that early period of the Ottoman State, it would be the destiny of a shāhzādah (prince) which would determine his fate in becoming the next sultan. This resulted in infighting amongst the shāhzādahs. Revolting against the sultan or even planning to revolt are crimes according to Islamic/Ottoman law. The execution of those members of the dynasty who had not taken part in a revolt was legislated by the "Code of Sultan Mehmed the Conqueror," which was based on the sovereign right of the sultan accorded by Islamic Law (Orfi Hukuk). Relying on the principle of maslaha (common benefit) in Islamic law, some of the Ottoman scholars permitted fratricide as well. According to this principle, when facing two potential outcomes, the lesser of two evils is preferred. Some of the modern researchers consider this justification invalid. According to them, the execution of shāhzādahs who have not taken part in a revolt is politically correct, but contrary to Islamic law. The main contribution of this paper is to deal with the fratricide from the point of view of Islamic law by utilizing traditional legal texts and to addess to underlying Islamic legal principles behind fratricide application and what legal evidence the 'ulemā (Ottoman scholars) based their judgment on.

Affordances, remediation, and digital mourning: A comparative case study of two AIDS memorials

2020 ◽  
pp. 175069801989468
Author(s):  
Spencer P Cherasia
Keyword(s):  
New Media ◽  
Collective Memory ◽  
Comparative Case Study ◽  
Digital Repository ◽  
Collaborative Project ◽  
Digital Platforms ◽  
Cultural Importance ◽  
Aids Memorial Quilt ◽  
Names Project

The NAMES Project AIDS Memorial Quilt is a collaborative project that memorializes individuals who have died of AIDS-related causes. Since its inception, it has become the world’s largest public folk art project. Scholars have noted the Quilt’s materiality, scope, and cultural importance to collective memory processes related to HIV/AIDS. More recently, discussions of collective memory in the digital public sphere have attracted attention from new media theorists and memory scholars alike. @theAIDSmemorial (TAM) is an Instagram account that serves as a digital repository for a new form of connective memory. By assessing two AIDS memorials as comparative cases, this research argues that TAM’s digital affordances of interactivity and reach are evident, although in assessing the digital remediation of the NAMES Project AIDS Memorial Quilt, the materiality, metaphoric origins, and scope of the Quilt cannot be rendered on digital platforms, representing a loss in affective engagement.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals Conceptual Origins of Legal Linguistics

2021 ◽  
Vol 47 (1) ◽  
pp. 17-56
Author(s):  
Marcus Galdia
Keyword(s):  
State Of The Art ◽  
The State ◽  
Frame Of Reference ◽  
Linguistic Knowledge ◽  
Linguistic Complexity ◽  
Legal Discourses ◽  
Legal Texts ◽  
The Law ◽  
Problem Awareness

Abstract This essay is a survey of methods applied and topics scrutinized in legal-linguistic studies. It starts with the elucidation of the epistemic interest that led to the emergence and to the subsequent expansion of the mainstream legal-linguistic knowledge that we dispose of today. Thus, the essay focuses upon the development of problem awareness in the emerging legal-linguistic studies as well as upon the results of research that might be perceived as the state of the art in the mainstream legal linguistics. Meanwhile, some methodologically innovative tilts and twists that enrich and inspire contemporary legal linguistics are considered as well. Essentially, this essay traces the conceptual landscape in which the paradigms of legal-linguistic studies came about. This conceptual landscape extends from the research into the isolated words of law and the style used by jurists to the scrutiny of legal texts and legal discourses in all their socio-linguistic complexity. Within this broad frame of reference, many achievements in legal-linguistic studies are mentioned in order to sketch the consequences of processes in which legal-linguistic paradigms take shape. The author concludes upon a vision of legal linguistics called pragmatic legal linguistics as the newest stage in the intellectual enterprise that aims to pierce the language of the law and by so doing to understand law better.

scholarly journals SHARIAH AND THE POLITICS OF PLURALISM IN INDONESIA: UNDERSTANDING STATE’S RATIONAL APPROACH TO ADAT AND ISLAMIC LAW

2019 ◽  
Vol 4 (1) ◽  
pp. 14-30
Author(s):  
Ratno Lukito
Keyword(s):  
Islamic Law ◽  
Effective Means ◽  
The State ◽  
Rational Approach ◽  
State Law ◽  
Legal Tradition ◽  
Basic Character ◽  
Legal Traditions ◽  
Religious Law ◽  
Adat Law

The distinction in the normative character of legal traditions will give an effect of the state different attitude to those traditions. In the case of Islamic law and adat law in Indonesia, we see that although having different basic character in terms of its foundation of legal creation, Islamic law can relatively be closer to the character of the state law, which is uniform and nationally effective. It is clear here that the nationalization of Islamic law built on the basis of its adherents, and not on the tribe, clan, language, or other local denominations, becomes an effective tool for its rapprochement with the state law, which is also nationalized on the basis of citizenship. Thus, although it is not possible to equalize Islamic law and state law due to the sacredness of the religious law, the scope in the efficacy of both laws can be an effective means of legal rapprochement. This is however not the case with adat law. The character of adat law as a local and heterogeneous legal tradition is intrinsically not in line with the philosophy of national law, which is anti-localism and homogeneous. It is just impossible to bring adat law to become an effective law for all Indonesian citizens. As a result, the rapprochement is difficult between adat law and state law.

Islamic Law and International Law

2019 ◽  
pp. 86-124
Author(s):  
Emilia Justyna Powell
Keyword(s):  
International Law ◽  
Analogical Reasoning ◽  
Islamic Law ◽  
Religious Affiliation ◽  
Customary Law ◽  
Legal Tradition ◽  
Legal Traditions ◽  
And Gender ◽  
Role Of Religion

This chapter explores in considerable detail differences and similarities between the Islamic legal tradition and international law. It discusses in detail the historical interaction between these legal traditions, their co-evolution, and the academic conversations on this topic. The chapter also addresses the Islamic milieu’s contributions to international law, and sources of Islamic law including the Quran, sunna, judicial consensus, and analogical reasoning. It talks about the role of religion in international law. Mapping the specific characteristics of Islamic law and international law offers a glimpse of the contrasting and similar paradigms, spirit, and operation of law. This chapter identifies three points of convergence: law of scholars, customary law, and rule of law; as well as three points of departure: relation between law and religion, sources of law, and religious features in the courtroom (religious affiliation and gender of judges, holy oaths).

Political Economy of the Media

2018 ◽  
Author(s):  
Dal Yong Jin
Keyword(s):  
Political Economy ◽  
New Media ◽  
Digital Media ◽  
Intellectual History ◽  
Information And Communication Technologies ◽  
Culture Industry ◽  
Digital Platforms ◽  
Modern Capitalism ◽  
Information And Communication ◽  
The Media

Political economy of the media includes several domains including journalism, broadcasting, advertising, and information and communication technology. A political economy approach analyzes the power relationships between politics, mediation, and economics. First, there is a need to identify the intellectual history of the field, focusing on the establishment and growth of the political economy of media as an academic field. Second is the discussion of the epistemology of the field by emphasizing several major characteristics that differentiate it from other approaches within media and communication research. Third, there needs an understanding of the regulations affecting information and communication technologies (ICTs) and/or the digital media-driven communication environment, especially charting the beginnings of political economy studies of media within the culture industry. In particular, what are the ways political economists develop and use political economy in digital media and the new media milieu driven by platform technologies in the three new areas of digital platforms, big data, and digital labor. These areas are crucial for analysis not only because they are intricately connected, but also because they have become massive, major parts of modern capitalism.

scholarly journals Custom and Modern Constructions of Sharīʿa: Transnational Juristic Discussions on the Status of ʿUrf

2019 ◽  
Vol 3 (1-2) ◽  
pp. 30-63
Author(s):  
Ayman Shabana
Keyword(s):  
Islamic Law ◽  
Legal Reform ◽  
Reform Movement ◽  
Legal Tradition ◽  
Significant Development ◽  
The Status ◽  
Legal Structures ◽  
Civil Codes ◽  
The Impact

Abstract This paper examines modern juristic discussions on the concept of custom in light of the proceedings of the fifth session of the International Islamic Fiqh Academy, which was held in 1988. It shows the extent to which these discussions not only address the role of custom in the derivation of Islamic law and its place in the Islamic legal tradition, but also reflect the impact of modern positive legislations on modern conceptualizations of Sharīʿa and how it has been constructed in the wake of the modern legal reform movement. In particular, the framing of custom in some civil codes as an independent legal source marked a significant development and created tension between Sharīʿa and modern legal codes. This perceived tension has, in turn, inspired efforts to reaffirm the primacy of Sharīʿa and demands for its implementation. While these discussions demonstrate how Muslim scholars situate Sharīʿa within national legal structures, they also show the role of juristic councils, such as the International Islamic Fiqh Academy, in the development of a transnational juristic discourse that transcends the boundaries of the nation state.

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