Anver M Emon
Biographic Data
| ID | 4163479 |
|---|---|
| NAME | Anver M Emon |
| GIVEN NAMES | Anver M |
| FAMILY NAME | Emon |
| SIGNATURE | EMON A M |
| AFFILIATIONS | University of Toronto |
| ORCID | 0000-0001-6382-4582 |
| VERIFIED | Yes |
| TOTAL WORKS | 19 |
| TOTAL CITATIONS | 13 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 4 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2019 |
| H-INDEX | 2 |
The ‘Islamic’ Deployed: The Study of Islam in Four Registers
This Fieldnote challenges scholars of Islam and Muslims to consider how the production of knowledge on Islam and Muslims has long been, and continues to be, intimately associated with projects of governance, whether by the modern state or premodern regime. The present is simply a particularly robust historical period during which, wherever one might stand on the political spectrum, the study of Islam is undertaken in the shadow of the state—a dis…
Islamic Law and Gender
This article examines the category of gender as it is employed in the study of Islamic law. It first considers how gender scholars turned to legal practice and challenged orientalist narratives using a social historical approach. It then analyses feminist critique of legal discourse, focusing on scholarship that addresses the development of pre-modern substantive law (fiqh) and legal theory, as well as the gendered construction of legal subjectho…
The Classical Period: Scripture, Origins, and Early Development
This article examines whether the Qur’an served as a source for the early jurists during the classical period; whether Hadith reports contain authentic information regarding Muhammad’s sayings and actions (and if they do not, when and how they became attributed to him); whether and how the regional legal traditions were transformed into legal schools centered around particular individuals; and how the nature of legal reasoning changed within this…
The Oxford Handbook of Islamic Law
The Oxford Handbook of Islamic Law offers a historiographic window into the scholarly treatment of a wide range of topics in the field of Islamic legal studies. Each essay, authored by an expert in the field, situates its subject in relation to historical academic scholarship. The historiographic feature of the volume is deliberate. It aims to assist readers—graduate students, scholars, and others—to appreciate the contested nature of key concept…
Codification and Islamic Law: The Ideology Behind a Tragic Narrative
This article repositions historigraphically a particular thesis in Islamic legal studies that characterizes Islamic law as utterly incompatible with codification, and by implication the modern administrative state. This article departs from that argument by situating codification efforts in Muslim majority polities alongside other efforts at codification, specifically 19 th century Germany and the United States. The article shows that the thesis …
Natural Law: A Jewish, Christian, and Islamic Trialogue
This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. The book is a trialogue which offers three programmatic chapters on natural law doctrine in Jewish, Christian, and Islamic traditions and responses to each chapter. Drawing on the classical sources of each religious tradition, the book reflects upon certain philosophical, theo…
Natural Law: A Jewish, Christian, and Muslim Trialogue
This text critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays
Shari‘a and the Modern State
This chapter presents an introduction to Islamic law. Section A begins by discussing the basic themes in Islamic law; it provides an overview of the received narrative of the legal tradition, by which is meant the history of the legal tradition as encapsulated by leading scholarly research in the twentieth and twenty-first centuries. Section B moves beyond the premodern tradition as outlined in Section A and brings the narrative into the modern p…
Islamic Law and International Human Rights Law
The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law ‘compatible’ with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlo…
Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law
This book problematizes tolerance as a conceptually helpful or coherent concept for understanding the significance of the dhimmī rules, the Islamic legal doctrines that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmī …
Ministers of the Law: A Natural Law Theory of Legal Authority – By Jean Porter
Ministers of the Law: A Natural Law Theory of Legal Authority by Jean Porter ( Grand Rapids, MI : Wm. B. Eerdmans Publishing Company , 2010 ), xvi + 368 pp . Ministers of Law is an impressive work that traverses both time and discipline. Engaging medieval scholastics and modern legal theorists, and posing questions drawing upon legal and political philosophy, Porter presents a jurisprudence of natural law framed by the concept of authority. While…
On Sovereignties in Islamic Legal History
The concept of sovereignty has posed important challenges in the ongoing debates and discourses on Islam and international law. This essay illustrates how sovereignty reflects competing ideas about legitimate authority by examining and exploring distinct debates in Islamic thought, all of which share a concern about the nature, scope, and contours of legitimacy and authority. This article does not offer a prescriptive argument for a robust notion…
The limits of constitutionalism in the Muslim world: History and identity in Islamic law
In the fields of constitutional law and human rights, protection from discrimination on religious grounds is a significant concern. Constitutions around the world protect religious liberty and conscience, as do various human rights documents. However, sometimes these same constitutions have limiting phrases that also raise human rights concerns. For example, constitutions in the Muslim world, while protecting religious freedom and conscience, als…
On the Pope, Cartoons, and Apostates: Shari‘a 2006
During 2006, controversies concerning Shari‘a or Islamic law seemed to dominate media reports. From cartoons to apostasy trials, Shari‘a was deemed to be at the core of controversies that attained international notoriety. Furthermore, Shari‘a was implicitly invoked by the Pope in his now infamous speech at Regensberg, in which he referred to the prophet Muhammad and an early Muslim jurist in order to define Europe as Christian and contrary to all…
Islamic Law and the Canadian Mosaic: Politics, Jurisprudence, and Multicultural Accommodation
Huqūq Allāh and Huqūq al-'Ibād: A Legal Heuristic for a Natural Rights Regime
This article shows that early Muslim jurists often created rules that had no foundation in the Qur'ān or Sunna. Their successors adopted these views as authoritative precedent, but not without further justifying them. Their justificatory reasons reflected background values concerning inherent qualities of the individual and the goods society must uphold in order to give substantive content to their legal determinations. Recourse to these values, …
Natural Law and Natural Rights in Islamic Law
This article provides an initial point of departure for considering the scope to which Islamic legal theory sources (i.e. usul al-fiqh) countenanced a theory of reason's ontological authority that can be framed in terms of natural law. Tracing two main schools of thought, the Hard and Soft Natural Law approaches, the article shows that despite starting from competing theological positions, adherents of both schools developed a jurisprudence that …
The Principles of Islamic Jurisprudence. Vol. 1. The Command of the Shari'ah and Juridical Norm
Rethinking Tradition in Modern Islamic Thought
Introduction: the prism of modernity 1. The relevance of the past: classical conceptions of Prophetic authority 2. The emergence of modern challenges to tradition 3. Boundaries of revelation 4. The nature of Prophetic authority 5. The authenticity of hadith 6. Sunna and Islamic revivalism 7. Conclusion: the spectrum of change
Codification and Islamic Law: The Ideology Behind a Tragic Narrative
This article repositions historigraphically a particular thesis in Islamic legal studies that characterizes Islamic law as utterly incompatible with codification, and by implication the modern administrative state. This article departs from that argument by situating codification efforts in Muslim majority polities alongside other efforts at codification, specifically 19 th century Germany and the United States. The article shows that the thesis …
Huqūq Allāh and Huqūq al-'Ibād: A Legal Heuristic for a Natural Rights Regime
This article shows that early Muslim jurists often created rules that had no foundation in the Qur'ān or Sunna. Their successors adopted these views as authoritative precedent, but not without further justifying them. Their justificatory reasons reflected background values concerning inherent qualities of the individual and the goods society must uphold in order to give substantive content to their legal determinations. Recourse to these values, …
The Principles of Islamic Jurisprudence. Vol. 1. The Command of the Shari'ah and Juridical Norm
Rethinking Tradition in Modern Islamic Thought
Introduction: the prism of modernity 1. The relevance of the past: classical conceptions of Prophetic authority 2. The emergence of modern challenges to tradition 3. Boundaries of revelation 4. The nature of Prophetic authority 5. The authenticity of hadith 6. Sunna and Islamic revivalism 7. Conclusion: the spectrum of change
Natural Law and Natural Rights in Islamic Law
This article provides an initial point of departure for considering the scope to which Islamic legal theory sources (i.e. usul al-fiqh) countenanced a theory of reason's ontological authority that can be framed in terms of natural law. Tracing two main schools of thought, the Hard and Soft Natural Law approaches, the article shows that despite starting from competing theological positions, adherents of both schools developed a jurisprudence that …
Islamic Law and the Canadian Mosaic: Politics, Jurisprudence, and Multicultural Accommodation
Huqūq Allāh and Huqūq al-'Ibād: A Legal Heuristic for a Natural Rights Regime
This article shows that early Muslim jurists often created rules that had no foundation in the Qur'ān or Sunna. Their successors adopted these views as authoritative precedent, but not without further justifying them. Their justificatory reasons reflected background values concerning inherent qualities of the individual and the goods society must uphold in order to give substantive content to their legal determinations. Recourse to these values, …
On the Pope, Cartoons, and Apostates: Shari‘a 2006
During 2006, controversies concerning Shari‘a or Islamic law seemed to dominate media reports. From cartoons to apostasy trials, Shari‘a was deemed to be at the core of controversies that attained international notoriety. Furthermore, Shari‘a was implicitly invoked by the Pope in his now infamous speech at Regensberg, in which he referred to the prophet Muhammad and an early Muslim jurist in order to define Europe as Christian and contrary to all…
The limits of constitutionalism in the Muslim world: History and identity in Islamic law
In the fields of constitutional law and human rights, protection from discrimination on religious grounds is a significant concern. Constitutions around the world protect religious liberty and conscience, as do various human rights documents. However, sometimes these same constitutions have limiting phrases that also raise human rights concerns. For example, constitutions in the Muslim world, while protecting religious freedom and conscience, als…
Shari‘a and the Modern State
This chapter presents an introduction to Islamic law. Section A begins by discussing the basic themes in Islamic law; it provides an overview of the received narrative of the legal tradition, by which is meant the history of the legal tradition as encapsulated by leading scholarly research in the twentieth and twenty-first centuries. Section B moves beyond the premodern tradition as outlined in Section A and brings the narrative into the modern p…
Islamic Law and International Human Rights Law
The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law ‘compatible’ with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlo…
Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law
This book problematizes tolerance as a conceptually helpful or coherent concept for understanding the significance of the dhimmī rules, the Islamic legal doctrines that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmī …
Ministers of the Law: A Natural Law Theory of Legal Authority – By Jean Porter
Ministers of the Law: A Natural Law Theory of Legal Authority by Jean Porter ( Grand Rapids, MI : Wm. B. Eerdmans Publishing Company , 2010 ), xvi + 368 pp . Ministers of Law is an impressive work that traverses both time and discipline. Engaging medieval scholastics and modern legal theorists, and posing questions drawing upon legal and political philosophy, Porter presents a jurisprudence of natural law framed by the concept of authority. While…
On Sovereignties in Islamic Legal History
The concept of sovereignty has posed important challenges in the ongoing debates and discourses on Islam and international law. This essay illustrates how sovereignty reflects competing ideas about legitimate authority by examining and exploring distinct debates in Islamic thought, all of which share a concern about the nature, scope, and contours of legitimacy and authority. This article does not offer a prescriptive argument for a robust notion…
Natural Law: A Jewish, Christian, and Islamic Trialogue
This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. The book is a trialogue which offers three programmatic chapters on natural law doctrine in Jewish, Christian, and Islamic traditions and responses to each chapter. Drawing on the classical sources of each religious tradition, the book reflects upon certain philosophical, theo…
Natural Law: A Jewish, Christian, and Muslim Trialogue
This text critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays
Codification and Islamic Law: The Ideology Behind a Tragic Narrative
This article repositions historigraphically a particular thesis in Islamic legal studies that characterizes Islamic law as utterly incompatible with codification, and by implication the modern administrative state. This article departs from that argument by situating codification efforts in Muslim majority polities alongside other efforts at codification, specifically 19 th century Germany and the United States. The article shows that the thesis …
Islamic Law and Gender
This article examines the category of gender as it is employed in the study of Islamic law. It first considers how gender scholars turned to legal practice and challenged orientalist narratives using a social historical approach. It then analyses feminist critique of legal discourse, focusing on scholarship that addresses the development of pre-modern substantive law (fiqh) and legal theory, as well as the gendered construction of legal subjectho…
The Classical Period: Scripture, Origins, and Early Development
This article examines whether the Qur’an served as a source for the early jurists during the classical period; whether Hadith reports contain authentic information regarding Muhammad’s sayings and actions (and if they do not, when and how they became attributed to him); whether and how the regional legal traditions were transformed into legal schools centered around particular individuals; and how the nature of legal reasoning changed within this…
The Oxford Handbook of Islamic Law
The Oxford Handbook of Islamic Law offers a historiographic window into the scholarly treatment of a wide range of topics in the field of Islamic legal studies. Each essay, authored by an expert in the field, situates its subject in relation to historical academic scholarship. The historiographic feature of the volume is deliberate. It aims to assist readers—graduate students, scholars, and others—to appreciate the contested nature of key concept…
The ‘Islamic’ Deployed: The Study of Islam in Four Registers
This Fieldnote challenges scholars of Islam and Muslims to consider how the production of knowledge on Islam and Muslims has long been, and continues to be, intimately associated with projects of governance, whether by the modern state or premodern regime. The present is simply a particularly robust historical period during which, wherever one might stand on the political spectrum, the study of Islam is undertaken in the shadow of the state—a dis…
Law (17 works) · Political science (17 works) · Islam (16 works) · Islamic Studies and History (14 works) · Philosophy (13 works) · Sharia (13 works) · Sociology (13 works) · Islamic Finance and Banking Studies (9 works) · History (8 works) · American Constitutional Law and Politics (6 works)