Restoring Shari‘a: Islamic Courts in a Shattered Somalia

2021 ◽  
pp. 159-207
Keyword(s):  
2012 ◽  
Vol 31 ◽  
pp. 235-261 ◽  
Author(s):  
Lisa Nielson

Until the ninth century, the role of the professional musician in pre-Islamic Arabia and Mesopotamia was primarily fulfilled by women. Men were socially prohibited from working as musicians, though some transgressed gender and social boundaries by adopting feminine dress and playing ‘women's’ instruments. With the advent of Islam, patronage of qiyān (singing girls), mukhannathūn (effeminates) and later, male musicians, did not substantially change. During the early Abbasid era (750–950 ce), however, their collective visibility in court entertainments was among several factors leading to debates regarding the legal position of music in Islam. The arguments for and against took place in the realm of politics and interpretation of religious law yet the influence of traditional expectations for gendered musical performance that had existed on the cultural landscape for millennia also contributed to the formation of a musical semiotics used by both sides.In this article, I examine the representation of musicians in the early Islamic court in Baghdad from the perspective of select ninth-century Arabic texts. First, I begin with a summary of the gender roles and performance expectations for pre-Islamic court musicians and point to their continuation into the early Islamic courts. Then, I suggest how the figure of the musician became a key referent in the development of a musical semiotics used in medieval Islamic music discourse.


2021 ◽  
Vol 70 (7) ◽  
pp. 108-112
Author(s):  
Ali Abdirahman Ali Abdirahman Ahmed

Al Shabaab is the largest militant organization fighting to oust the Somali government and the foreign military presence supporting it.1Al-shabab seeks to control the country in order to establish a society based on its rigid interpretation of Shariah law. Although based in Somalia, Al Shabaab also conducts attacks in neighboring countries, notably Kenya. Al Shabaab emerged as an independent organization around December 2006 after breaking away from the Islamic Courts Union (ICU), for which it had served as the military wing. Since the late 2000s, Al Shabaab has had close ties to Al Qaeda and other external extremism groups and has sought to frame the Somali struggle as part of a global jihadist movement. The group has engaged in bombings, suicide attacks, and armed assaults, especially against Somali government targets, private civilians, Christians, diplomats, foreign troops, and nongovernmental organization or aid workers .


2014 ◽  
Vol 13 (2) ◽  
Author(s):  
Diana Rahmi

After the implementation of the Act No. 3 year 2006, the dispute of Islamic Economic is absolutely included as the domain of the Islamic Courts competence, and would be entirely resolved by this court as well. However, some regulations recently lead to reduce this competence belongs to the Islamic Court by making this court not the only institution to resolve the dispute of Islamic Economic. In fact, the domain of the Islamic Court that is extended to settle all the Islamic Economic disputes, is also reduced by a clause that potentially indicate to resolve the dispute outside from the Islamic Court (as stated in the contract), and also by a conflict settled on the of Islamic arbitration.


2018 ◽  
Vol 33 (2) ◽  
pp. 248-270 ◽  
Author(s):  
Kikue Hamayotsu

AbstractThe way in which Islamic courts and laws are developed and how religious legal apparatuses shape the relations between—and within—religious communities has been a common source of debate among scholars. This article analyzes the growing institutional power and authority of Islamic courts and judges in Malaysia since the late 1980s to contribute to this theoretical debate. Specifically, it compares two critical phases of institutional development of Islamic courts in Malaysia's largely secular judicial system: the first under the premiership of Mahathir Mohamad before the dismissal of his deputy, Anwar Ibrahim (1980–1998), and the second under the post-reformasi (reform) period (1999–present). Original data gathered at the Jabatan Kehakiman Syariah Malaysia (Department of Syariah Judiciary Malaysia) and other government and legal agencies, fieldwork, and semistructured interviews with Islamic and civil court officials both at the federal and state levels document the institutional expansion and administrative independence that the Islamic courts and judges have successively gained in relation to their civil counterparts. It is argued that the gradual bureaucratization of Islamic courts can best be explained with reference to the interests—and strategic coalitions—of political and religious elites within the majority community to sustain a dominant regime and majoritarian rule based on communal identity.


Author(s):  
Joshua M. White

Relying on Ottoman court records from Istanbul to Crete, this chapter shows how merchants, monks, and mariners, Muslims, Christians, and Jews, Ottomans, and foreigners used the Ottoman Islamic courts, how victims of piracy sought restitution and sometimes revenge. It asks how complex jurisdictional questions were addressed and how the legal theory introduced in the previous chapter impacted the legal strategies of litigants, Ottoman and foreign alike, in Ottoman courts. It explores examples of disputes over ships and cargo seized by pirates, suits lodged by victims against their alleged pirates, privateering arrangements contracted and disputed in court, and prosecutions of alleged pirates. Telling these stories and examining their outcomes, the chapter ties together the threads from the preceding examination of the courts, Islamic law, the Ottomans’ diplomatic dealings, and Ottoman administrative responses to piracy.


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