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Reli 351-Islamic law fall 2018 - Brannon Ingram

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Ottoman mufti on horseback wearing green and purple robes with white turban, riding a brown horse with red saddle blanket - Ottoman mufti, undated

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ROLE: Ottoman mufti DATASET: REL 351/MENA 390/HUM 370: Islamic Law ORGANIZATION: Northwestern University DATE: Fall Quarter
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REL 351/MENA 390/HUM 370: Islamic Law Northwestern University Fall Quarter 2018 Professor Brannon Ingram brannon.ingram@northwestern.edu Monday and Wednesday 2:00 – 3:20 PM Harris Hall L04 Office Hours: Crowe Hall 4-135 Tuesdays at 4 PM or by appt

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DOCUMENT: REL 351/MENA 390/HUM 370: Islamic Law ORGANIZATION: Northwestern University DATE: Fall Quarter 2018 PERSON: Brannon Ingram ROLE: Professor DATE: Monday DATE: Wednesday TIME: 2:00 – 3:20 PM FACILITY: Harris Hall L04 FACILITY: Crowe Hall 4-135 TIME: Tuesdays at 4 PM
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COURSE OVERVIEW

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Islamic law – the sacred law of Islam grounded in the Qur'an, the practice of the Prophet Muhammad, and the writings of Muslim scholars and jurists – stretches back nearly 1400 years. This course offers, first, an overview of the origins and evolution of Islamic law from the life of Muhammad to end of the classical era. We then seek, secondly, to understand how colonialism and the modern nation-state affected the conceptualization and implementation of Islamic law in the modern period. To these ends, we look in-depth at two specific areas of law – marriage and divorce, and criminal law – in the Ottoman empire and contemporary Iran.

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PRODUCT: Islamic law ORGANIZATION: Islam DOCUMENT: Qur'an PERSON: Prophet Muhammad PERSON: Muhammad ROLE: Muslim scholars ROLE: jurists DATE: 1400 years DATE: classical era DATE: modern period ORGANIZATION: Ottoman empire LOCATION: Iran
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COURSE GOALS At the end of this course, you will:

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ORGANIZATION: Ottoman empire LOCATION: Iran
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Have a broad understanding of the origins and development of Islamic law from the era of the Prophet Muhammad to the present, including: how the notion of an Islamic "law" emerged out of Qur'anic ethics in conversation

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PERSON: Muhammad PRODUCT: Islamic law PRODUCT: Qur'anic ethics
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with the politics and culture of early Islamic society; how the notion of a Prophetic model ( sunna ) developed over time and intersected with the rise of Hadith scholarship; the institutionalization of Islamic law in the early modern period, especially in the context of Ottoman Syria and Palestine; and the trajectory of Islamic law in the modern world, as it has become part of the apparatus of the modern nation-state. Have a detailed understanding of Islamic criminal law, as well as laws of marriage and divorce. Develop an appreciation for the flexibility and nuance of Islamic legal reasoning through short assignments. Be able to engage critically in conversations about the status and place of "Shari'a" in contemporary American politics and culture. Develop writing and analytical skills. We will refine our skills in thinking and writing, so that after the course you will be able to offer informed and insightful analysis of the major themes of the course. Throughout the course, I will stress the importance of clear and concise writing.

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DOCUMENT: Qur'anic ethics DOCUMENT: sunna DATASET: Hadith scholarship DOCUMENT: Islamic law DATE: early modern period LOCATION: Ottoman Syria LOCATION: Palestine DOCUMENT: Islamic criminal law DOCUMENT: Shari'a EVENT: American politics
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GRADING AND ASSIGNMENTS

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(1) Class attendance, participation, and Canvas posts 30% (10% each)

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PRODUCT: Canvas PERCENT: 30% PERCENT: 10%
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I take attendance at the beginning of every class. You are permitted one "free" absence each quarter – that is, an absence for which you do not need an excuse (though, as a courtesy, I would still like to be informed if you expect to be absent). For any other absences, I require a medical, athletic or family-related reason for missing class. This course uses occasional short lectures to clarify material, but the vast majority of class time will be oriented around discussion. To do well in this class you must participate actively in these discussions. Beginning with the first week, you must post one comment on the course Canvas page (see "Discussions"). You may post your own comment, or respond to another student's comment. Your comment should be a focused 'talking point', in which you should:

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PRODUCT: Canvas PERCENT: 30% PERCENT: 10% DATE: first week FACILITY: Discussions
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reflect on an idea you found interesting or intriguing in the readings, discuss how the various readings complement or differ from one another, explore the implications of a particular idea, compare a reading to another work we've studied, trace how the work speaks to a theme we encountered earlier, or connect an idea in our readings to contemporary events.

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Posts should reference the readings, and page numbers must accompany any

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quotations. I will read these comments carefully and often use them to foster discussion in class, sometimes comparing or contrasting students' comments with each other.

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To get credit you will need to post your comment no later than 11 AM the day of class. You cannot get credit for posting a comment for a class that has already met. (In other words, you cannot post on October 17 for the class that met October 15.)

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TIME: 11 AM DATE: October 17 DATE: October 15 DOCUMENT: Hadith Analysis Assignment
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(2) Hadith Analysis Assignment 10% You will write a short (500 word) isnad -focused analysis of hadiths related to Qur'an 53: 5-18, in which the Prophet Muhammad of an entity "intense in strength … at a distance of two bow lengths or nearer." See the assignment file on Canvas for more details. Due in class October 10.

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DATE: October 17 DATE: October 15 DOCUMENT: Hadith Analysis Assignment PERSON: Muhammad ROLE: Prophet DOCUMENT: Qur'an 53: 5-18 PRODUCT: Canvas DATE: October 10 DOCUMENT: Film Analysis
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(3) Film Analysis 15% You will write a 3-4 page (double-spaced) analysis of a film, Justice at Agadez , in response to a prompt (see below), or write on a topic of your own choice in relation to the film. Due October 26 at 5 PM.

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PRODUCT: Canvas DATE: October 10 EVENT: Film Analysis PERCENT: 15% DOCUMENT: 3-4 page PRODUCT: Justice at Agadez DATE: October 26 at 5 PM EVENT: Fatwa Assignment PERCENT: 10% DOCUMENT: fatwa
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(4) Fatwa Assignment 10% You will write a short fatwa (500 words) responding to specific queries (see "Fatwa Assignment" below). The source material for your fatwa is a set of readings from the Qur'an, hadith , and Islamic legal texts pertaining to the consumption of alcohol, posted to Canvas . Due in class November 5.

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DOCUMENT: Fatwa Assignment DATE: October 26 TIME: 5 PM DOCUMENT: Qur'an DOCUMENT: hadith DOCUMENT: Islamic legal texts PRODUCT: Canvas DATE: November 5 DOCUMENT: Final Paper
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(5) Final Paper (10-12 pages) 35% You will write a final paper of 10-12 pages (double-spaced) on a subject of your choice. I advise you to speak with me before finalizing your paper topic. Due December 13 at 5 PM.

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PRODUCT: Canvas DATE: November 5 DOCUMENT: Final Paper DATE: December 13 TIME: 5 PM
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CLASSROOM ETIQUETTE Please arrive to class on time. Habitually arriving late to class will affect your participation grade . If you have another class immediately before this one and you may occasionally be late to class, please let me know. Bring ALL READINGS for that day's discussion to every class, every time. NO COMPUTERS OR TABLETS are allowed in class.

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DATE: December 13 TIME: 5 PM
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REQUIRED TEXTS

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Rumee Ahmed, Sharia Compliant: A User's Guide to Hacking Islamic Law (Stanford: Stanford University Press, 2018) – 9781503605701 (list price $22.95) Wael B. Hallaq, An Introduction to Islamic Law (Cambridge: Cambridge University Press, 2009) – 9780521678735 (list price $42.00) Rudolph Peters, Crime and Punishment in Islamic Law (Cambridge: Cambridge University Press, 2006) – ISBN 9780521796705 (list price $36.00) Judith E. Tucker, In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine (University of California Press, 1998) – ISBN 9780520224742 (list price $31.95) Coursepack [readings marked with CP] available for purchase at Quartet Printing

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PERSON: Rumee Ahmed DOCUMENT: Sharia Compliant: A User's Guide to Hacking Islamic Law ORGANIZATION: Stanford University Press LOCATION: Stanford DATE: 2018 PERSON: Wael B. Hallaq DOCUMENT: An Introduction to Islamic Law ORGANIZATION: Cambridge University Press LOCATION: Cambridge DATE: 2009 PERSON: Rudolph Peters DOCUMENT: Crime and Punishment in Islamic Law DATE: 2006 PERSON: Judith E. Tucker DOCUMENT: In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine ORGANIZATION: University of California Press DATE: 1998 ORGANIZATION: Quartet Printing
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COURSE SCHEDULE

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PART I: ORIGINS AND EVOLUTION

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DOCUMENT: COURSE SCHEDULE PART I: ORIGINS AND EVOLUTION DATE: Monday, October 1
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Monday, October 1

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Introduction

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In-class lecture on origins of Islam, Prophet Muhammad, Qur'an Discussion of Qur'an, sura 2: 168-73, 178-203, 216-42, 267-84, sura 4: 1-43, 127-34, sura 24: 1-9, sura 65, suras 92-93, sura 102-103, sura 107 [CP]

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EVENT: Islam PERSON: Prophet Muhammad DOCUMENT: Qur'an DOCUMENT: sura 2: 168-73, 178-203, 216-42, 267-84 DOCUMENT: sura 4: 1-43, 127-34 DOCUMENT: sura 24: 1-9 DOCUMENT: sura 65 DOCUMENT: suras 92-93 DOCUMENT: sura 102-103 DOCUMENT: sura 107 DATE: Wednesday, October 3
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Wednesday, October 3

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Pre-Islamic Arabia, the Advent of Islam, and the Qur'an Hallaq, "Islamic law: history and transformation," The New Cambridge History of Islam , 142-158 [CP] Ibn 'Abd al-Barr on relation between Qur'an and sunna – in Classical Islam , 178-184 [CP]

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DATE: Wednesday, October 3 EVENT: Pre-Islamic Arabia EVENT: Advent of Islam DOCUMENT: Qur'an PERSON: Hallaq DOCUMENT: Islamic law: history and transformation DOCUMENT: The New Cambridge History of Islam PERSON: Ibn 'Abd al-Barr DOCUMENT: sunna DOCUMENT: Classical Islam DATE: Monday, October 8
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Monday, October 8

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Emergence of Legal Communities and the Rise of Hadith Hallaq, "Islamic law: history and transformation," 158-183 [CP] Ibn Qudama on the mujtahid and Nawawi on muftis and fatwas – in Classical Islam , 185-201 [CP]

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DATE: Monday, October 8 DATE: Wednesday, October 10 EVENT: Emergence of Legal Communities and the Rise of Hadith PERSON: Hallaq DOCUMENT: Islamic law: history and transformation PERSON: Ibn Qudama PERSON: Nawawi DOCUMENT: Classical Islam ROLE: mujtahid ROLE: muftis
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Wednesday, October 10

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Hadith Sciences

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Brown, "The Transmission and Collection of Prophetic Traditions," in Hadith: Muhammad's Legacy in the Medieval and Modern World , 1-42, 67-84 [CP] Hadith analysis assignment due in class

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PERSON: Brown DOCUMENT: The Transmission and Collection of Prophetic Traditions DOCUMENT: Hadith: Muhammad's Legacy in the Medieval and Modern World DOCUMENT: Hadith analysis assignment DATE: Monday, October 15
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Monday, October 15

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Law and Politics

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Hallaq, Introduction to Islamic Law , 38-56 Hallaq, Origins and Evolution of Islamic Law , 178-193 [CP] Mawardi, Ordinances of Government , 3-22 [CP]

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PERSON: Hallaq DOCUMENT: Introduction to Islamic Law DOCUMENT: Origins and Evolution of Islamic Law PERSON: Mawardi DOCUMENT: Ordinances of Government DATE: Monday, October 22
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Monday, October 22

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The Qadi's Practice

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Hallaq, Introduction to Islamic Law , 57-82 Justice at Agadez [Canvas] – film discussion in class Gerber, excerpt from State, Society and Law in Islam [on Weber's concept of " kadi justice"], 25-42 [CP] Weber, Economy and Society , 654-58 [on 'rational' and 'irrational' law], 818-22 [on Islamic law], 976-78 [on kadi -justice] [CP] Film analysis due Friday, October 26 at 5 PM

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PERSON: Hallaq DOCUMENT: Introduction to Islamic Law DOCUMENT: Justice at Agadez PRODUCT: Canvas PERSON: Gerber DOCUMENT: State, Society and Law in Islam PERSON: Weber DOCUMENT: Economy and Society DATE: Friday, October 26 TIME: 5 PM DATE: Wednesday, October 24
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Wednesday, October 24

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Foundations of Islamic Criminal Law Peters, Crime and Punishment in Islamic Law , 1-68 Highly recommended: Brown, " Stoning and Hand Cutting: Understanding the Hudud and the Shariah in Islam "

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DATE: Wednesday, October 24 EVENT: Foundations of Islamic Criminal Law PERSON: Peters DOCUMENT: Crime and Punishment in Islamic Law PERSON: Brown DOCUMENT: Stoning and Hand Cutting: Understanding the Hudud and the Shariah in Islam DOCUMENT: PART II: ISLAMIC LAW IN THE EARLY MODERN AND MODERN
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PART II: ISLAMIC LAW IN THE EARLY MODERN AND MODERN WORLD

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DOCUMENT: Understanding the Hudud and the Shariah in Islam DOCUMENT: PART II: ISLAMIC LAW IN THE EARLY MODERN AND MODERN WORLD DATE: Monday, October 29
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Monday, October 29

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Family Law in Ottoman Syria and Palestine

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DATE: Monday, October 29 PERSON: Tucker DOCUMENT: In the House of the Law LOCATION: Ottoman Syria LOCATION: Palestine
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Tucker, In the House of the Law , 1-57 Review Qur'an sura 4 excerpts from October 1

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DOCUMENT: Family Law in Ottoman Syria and Palestine PERSON: Tucker DOCUMENT: In the House of the Law DOCUMENT: Qur'an sura 4 DATE: October 1 DATE: Wednesday, October 31 LOCATION: Ottoman Syria LOCATION: Palestine
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Wednesday, October 31

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Family Law in Ottoman Syria and Palestine (contd.)

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DATE: Wednesday, October 31 EVENT: Family Law in Ottoman Syria and Palestine PERSON: Tucker DOCUMENT: In the House of the Law LOCATION: Syria LOCATION: Palestine
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Tucker, In the House of the Law , 58-112, 179-86

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DOCUMENT: Family Law in Ottoman Syria and Palestine PERSON: Tucker DOCUMENT: In the House of the Law LOCATION: Ottoman Syria LOCATION: Palestine DATE: Monday, November 5
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Monday, November 5

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The Fatwa Assignment Fatwa assignment due, in class discussion Research a contemporary online fatwa on a topic that interests you and prepare to discuss it in class: What is the context? Who requested it? Does it provide legal reasoning or cite its sources? Does it affirm or contradict what we've discussed in this class so far?

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DATE: Monday, November 5 DATE: Wednesday, November 7 EVENT: The Fatwa Assignment DOCUMENT: Fatwa assignment
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Wednesday, November 7

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The Impacts of Colonialism: An Overview

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DATE: Wednesday, November 7 EVENT: The Impacts of Colonialism: An Overview PERSON: Hallaq DOCUMENT: Introduction to Islamic Law PERSON: Kugle DOCUMENT: Framed, Blamed
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Hallaq, Introduction to Islamic Law , 85-89 Kugle, "Framed, Blamed and Renamed: The Recasting of Islamic Jurisprudence in Colonial South Asia," Modern Asian Studies 35, 2 (2001): 257-313 [CP] Peters, Crime and Punishment in Islamic Law , 103-124 Hamilton, "Preliminary Discourse," Hedaya, or Guide (1791), xiii-li [Canvas] Focus on pp. xiii-xv and xxv-xxvi

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PERSON: Hallaq DOCUMENT: Introduction to Islamic Law PERSON: Kugle DOCUMENT: Framed, Blamed and Renamed: The Recasting of Islamic Jurisprudence in Colonial South Asia DOCUMENT: Modern Asian Studies DATE: 2001 PERSON: Peters DOCUMENT: Crime and Punishment in Islamic Law PERSON: Hamilton DOCUMENT: Preliminary Discourse DOCUMENT: Hedaya, or Guide DATE: 1791 DATE: Monday, November 12 LOCATION: South Asia
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Monday, November 12

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Islamic Law and the Modern Nation-State Hallaq, Introduction to Islamic Law , 140-143, 148-158 Mawdudi, "The Islamic Law," 79-106 [CP] Khomeini, Islam and Revolution , 27-54 [CP]

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DATE: Monday, November 12 DATE: Wednesday, November 14 EVENT: Islamic Law and the Modern Nation-State PERSON: Hallaq DOCUMENT: Introduction to Islamic Law PERSON: Mawdudi DOCUMENT: The Islamic Law PERSON: Khomeini DOCUMENT: Islam and Revolution
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Wednesday, November 14

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Navigating Legal Bureaucracies

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Divorce Iranian Style [Canvas] Mir-Hosseini, Marriage on Trial , 54-83 [CP]

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PERSON: Mir-Hosseini DOCUMENT: Marriage on Trial DATE: Monday, November 19 LOCATION: Iranian
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Monday, November 19

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No class (professor at conference). Read on your own : Ahmed, Sharia Compliant , ix-64

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DATE: Monday, November 19 DATE: Wednesday, November 21 PERSON: Ahmed DOCUMENT: Sharia Compliant ROLE: professor
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Wednesday, November 21

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Film screening in class: The Judge

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DATE: Wednesday, November 21 DATE: Monday, November 26 PRODUCT: The Judge EVENT: Film screening in class
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Monday, November 26

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Debating the Future of Islamic Law Ahmed, Sharia Compliant , 65-157

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DATE: Monday, November 26 DATE: Wednesday, November 28 EVENT: Debating the Future of Islamic Law PERSON: Ahmed DOCUMENT: Sharia Compliant
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Wednesday, November 28

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Debating the Future of Islamic Law Ahmed, Sharia Compliant , 159-232

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DATE: Wednesday, November 28 EVENT: Debating the Future of Islamic Law PERSON: Ahmed DOCUMENT: Sharia Compliant DATE: Thursday, December 13 at 5 PM DOCUMENT: FILM ANALYSIS
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Final paper due Thursday, December 13 at 5 PM FILM ANALYSIS PAPER

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EVENT: Debating the Future of Islamic Law PERSON: Ahmed DOCUMENT: Sharia Compliant DATE: Thursday, December 13 at 5 PM DOCUMENT: FILM ANALYSIS PAPER DOCUMENT: Terminiello v. City of Chicago DATE: 1949 ORGANIZATION: Supreme Court ORGANIZATION: City of Chicago LOCATION: Chicago
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In Terminiello v. City of Chicago (1949), a landmark Supreme Court case on freedom of speech, Justice Felix Frankfurter remarked in his dissenting opinion, drawing on Max Weber's notion of ' kadi justice': "This is a court of review, not a tribunal unbounded by rules. We do not sit like a kadi under a tree dispensing justice according to considerations of individual expediency." Was Frankfurter right in his understanding of the qadi 's practice? Using the Weber readings, write a 3-4 (double spaced) page analysis of the film Justice at Agadez . How does the qadi in the film mediate between Islamic legal principles and the needs and demands of those who come to him? Does he do so successfully? Does his role affirm or contradict how we have discussed the role of the qadi in this class so far?

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DATE: Thursday, December 13 at 5 PM DOCUMENT: Terminiello v. City of Chicago DATE: 1949 ORGANIZATION: Supreme Court PERSON: Felix Frankfurter PERSON: Max Weber ROLE: Justice PRODUCT: Justice at Agadez LOCATION: Agadez LOCATION: City of Chicago
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You may also write your film response paper on a topic of your choice. The film is posted to the course Canvas page under "Library Media" if you need to review the film as you compose your film analysis.

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ROLE: qadi PRODUCT: Canvas FACILITY: Library Media DOCUMENT: FATWA ASSIGNMENT
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FATWA ASSIGNMENT To complete this assignment, you will consult the set of excerpts from Hanafi and Hanbali fiqh texts that are posted on Canvas. See the file "Rel 351-Mena 301 Fatwa Exercise Readings."

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PRODUCT: Canvas DOCUMENT: Rel 351-Mena 301 Fatwa Exercise Readings ORGANIZATION: Hanafi ORGANIZATION: Hanbali ROLE: mujtahid
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You are a mujtahid whose strongly held, independently-arrived at views happen to coincide exactly with those either of the Hanafi or of the Hanbali school (according to your assignment to one of these schools in class). The following questions have been sent to you by an Islamic judge ( qadi ) who is a muqallid (one not

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PRODUCT: Canvas DOCUMENT: Rel 351-Mena 301 Fatwa Exercise Readings ROLE: mujtahid ORGANIZATION: Hanafi ORGANIZATION: Hanbali ROLE: qadi ROLE: muqallid
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qualified to practice ijtihad ), and who seeks your legal opinion ( fatwa ) to aid him in ruling on cases before him. According to the Islamic conception of ifta' , or the giving of fatwas , you assume the truth of the facts stated in the fatwa request. (Not you, but the qadi and the parties and witnesses in the trial of this case, will be religiously and legally responsible for the truth of the facts.)

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ROLE: qadi ROLE: muqallid DOCUMENT: fatwa EVENT: ifta' PERSON: Muslim man
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A Muslim man has just been brought before me by two upright male Muslim citizens 1 of our town, who testified that they had moments before observed the accused "drink whiskey" and that his breath "smelled of alcohol." An open bottle of whiskey was produced from his pocket. The accused appeared not at all intoxicated. Is he guilty of a crime? If so, is it a crime of hadd or of ta'zir ? In a previous case of khamr -drinking ( shurb al-khamr ), two upright male Muslim citizens of our town brought a free Muslim before me, stating that the man was a consumer of wine. When I asked them whether the man was now intoxicated and whether his breath smelled of khamr , they denied that either was the case. I asked the accused whether he had drunk khamr , and he answered, "Yes." I sentenced him to forty lashes. Was my sentence correct?

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Languages: eng
PERSON: Muslim man PERSON: two upright male Muslim citizens PRODUCT: whiskey ROLE: hadd ROLE: ta'zir PRODUCT: khamr EVENT: shurb al-khamr PERSON: free Muslim PRODUCT: wine EVENT: forty lashes DOCUMENT: fatwa PERCENT: 500 words
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Write a fatwa , no longer than 500 words, in response to each of the questions that are posed to you. Your fatwa should begin with your precise answer to the fatwa request, followed by your arguments supporting it. Your fatwa should outline your arguments with brief references to their proofs. Please confine yourself to the sources provided and cite any authority you mention.

Element: 6c3e61e47ba8bc72a49ef6b07a0d89a7
Languages: eng
EVENT: forty lashes DOCUMENT: fatwa PRODUCT: 500 words ROLE: Two upright male Muslim eye-witnesses
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1 Two upright male Muslim eye-witnesses constitute the canonically standard form of proof ( bayyina ), varied from in certain circumstances (such as adultery), but usually adequate to meet the plaintiff's burden of proof.

Element: d7bfb72f2c3125ba81d9a66cfab2f116
Languages: eng
ROLE: Muslim DOCUMENT: bayyina ROLE: plaintiff
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