Islam in World Cultures: Comparative Perspectives - Islamic Books ...

Islam in World Cultures: Comparative Perspectives - Islamic Books ... Islam in World Cultures: Comparative Perspectives - Islamic Books ...

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Islam after Empire 4 5Europe. Ottoman responses to these challenges were varied. They includedboth a restructuring of the military and a series of legal and administrative reformsthat sought to transform a disjointed feudal social and political orderinto a centralized modern state.These reforms, called the t a n z i m a t , or “reorderings,” affected the central elementsof the Ottoman bureaucracy as well as the subsequent course of Islamiclegal and political development in Ottoman territories. In particular,these legal reforms set the stage for a comprehensive revision in traditionalmethods of legal and religious training and are in part responsible for conte m p o r a ry calls for the application of s h a r i ’ a , or Islamic law. S h a r i ’ a had traditionallyrevolved around a complex set of educational institutions in whichmen committed to memory a hierarchy of sacred texts and their commentaries,beginning with the Qur’an and the s u n n a of the Prophet, as witnessedby his contemporaries and transmitted through specific lines of intellectualdescent. A deep familiarity with these texts as well as with later works of jurisprudence,or f i q h , qualified one to render opinions, or f a t w as, on points ofcorrect practice relevant to ritual, commercial, or personal activities. The institutionalstructures through which s h a r i ’ a was applied consisted of courts,mosques, and schools manned by a corps of professional men of learning,who, as Albert Hourani has argued, acted as both administrative and morallinks between the Ottoman sultan and his subjects throughout the empire.As part of the Ottoman t a n z i m a t , committees of scholars and bureaucratswere charged with reordering the practice of s h a r i ’ a . Their goal was to forgescattered principles of legal decisionmaking—formerly embodied in the individualjurists, whose authority rested on their personal mastery of the legal tradition—intoan abstract and systematized European-style legal code. Theoretica l l y, such a code was to be applicable in a standardized way across the vastgeographical reaches of the empire, without differences of emphasis or opinionon the part of individual judges. The practice of law would thus no longerrequire the informed interpretation of a traditionally trained scholar. Instead,the flexible traditional system of adjudication and advice in which eachscholar could potentially render a different decision based on distinct traditionsof textual interpretation—and in which a questioner could potentially ignoreone scholar’s interpretation in favor of another, equally authoritativeone—would be forced into a new institutional framework, to become themonovocal voice of a centralizing state.It is ironic that today, the call by contemporary Islamic activists to rid theircountries of Western influence by applying s h a r i ’ a , or Islamic law, comes at thev e ry time that “Islamic law” is increasingly conceptualized as a list of behavioralrules “composed in a manner which would be sufficiently clear so that anyonecould study it easily and act in conformity with it,” a cultural standard devisedby Western European legal theorists (Messick 1993, 55–56). Such codes take

4 6Islam i n World Cult u r e sthe form of numbered articles in an internationally standard legislative formatrather than in the forms used by traditional Islamic legal manuals, which weresometimes written as rhymes for easy memorization by legal scholars. Whereastraditional forms of Islamic legal reasoning and writing—including discussionof previous commentaries on legal principles, their difficulties, and the multipleand sometimes contradictory positions taken by other authorities in thepast—were highly decentralized, these modern codes remove “the authorshipof law . . . from the hands of individuals such as imams and virtuoso jurists and[make it] instead the collective responsibility of drafting committees and legislativebodies” (Messick 1998, 5). In both form and application, such practicesseem ever less “traditionally” Islamic. Since the mid-twentieth century, manyMiddle Eastern governments have enshrined Islam in their state constitutions(yet another institution imported from the West) as the official religion of thestate. Consequently, the common Western perception that “Islam” is a monolithicand unquestionable set of ideas and practices is at least as much an artifactof contemporary political organization as it is of a medieval Islamic heritage(Starrett 1998).By the early twentieth century, Ottoman educational policy had transformedthe way Islam was conceived of and taught in the region’s schools. Tr a-ditionally throughout the Middle East, the earliest phase of formal educationconsisted of study—or, more precisely, memorization—of the text of theQur’an. Although taking place in a group, instruction was individualized. Withthe help of a local teacher, students (mostly boys, but sometimes girls as well)would listen to and repeat the rhythmic cantillation of the scripture, learningto reproduce it exactly while at the same time acquiring the skills of readingand writing. Even in Arabic-speaking countries, students whose own dialect differedfrom the classical Arabic of the Qur’an did not necessarily comprehendthe text. The effort to learn the meaning of the text was postponed to lateryears, when the academically talented boys might travel to a m a d r a s a , w h e r ethey would learn, eventually, the sciences of textual interpretation and legalr e a s o n i n g .The Ottoman government’s establishment of a new system of schoolsbrought a revolutionary change in curriculum. New textbooks, new subjects,and new classroom activities began to stress, in new ways and from the earliestgrades, the government’s concern with directly regulating the personal behaviorof its subjects. This transformation incorporated the notion that the modernsocial order demanded of each student individual responsibility and effortto live an ordered life. Hygiene; patience; duty to parents, scholars, and officials;and loyalty to the Ottoman state were explicitly inculcated and linked tonew formulations of the Islamic character of society. These changes, identicalto those wrought by British and indigenous educators in nearby Egypt at thesame time, resulted in a long-term change in the ways the mass of Muslim stu-

4 6<strong>Islam</strong> i n <strong>World</strong> Cult u r e sthe form of numbered articles <strong>in</strong> an <strong>in</strong>ternationally standard legislative formatrather than <strong>in</strong> the forms used by traditional <strong>Islam</strong>ic legal manuals, which weresometimes written as rhymes for easy memorization by legal scholars. Whereastraditional forms of <strong>Islam</strong>ic legal reason<strong>in</strong>g and writ<strong>in</strong>g—<strong>in</strong>clud<strong>in</strong>g discussionof previous commentaries on legal pr<strong>in</strong>ciples, their difficulties, and the multipleand sometimes contradictory positions taken by other authorities <strong>in</strong> thepast—were highly decentralized, these modern codes remove “the authorshipof law . . . from the hands of <strong>in</strong>dividuals such as imams and virtuoso jurists and[make it] <strong>in</strong>stead the collective responsibility of draft<strong>in</strong>g committees and legislativebodies” (Messick 1998, 5). In both form and application, such practicesseem ever less “traditionally” <strong>Islam</strong>ic. S<strong>in</strong>ce the mid-twentieth century, manyMiddle Eastern governments have enshr<strong>in</strong>ed <strong>Islam</strong> <strong>in</strong> their state constitutions(yet another <strong>in</strong>stitution imported from the West) as the official religion of thestate. Consequently, the common Western perception that “<strong>Islam</strong>” is a monolithicand unquestionable set of ideas and practices is at least as much an artifactof contemporary political organization as it is of a medieval <strong>Islam</strong>ic heritage(Starrett 1998).By the early twentieth century, Ottoman educational policy had transformedthe way <strong>Islam</strong> was conceived of and taught <strong>in</strong> the region’s schools. Tr a-ditionally throughout the Middle East, the earliest phase of formal educationconsisted of study—or, more precisely, memorization—of the text of theQur’an. Although tak<strong>in</strong>g place <strong>in</strong> a group, <strong>in</strong>struction was <strong>in</strong>dividualized. Withthe help of a local teacher, students (mostly boys, but sometimes girls as well)would listen to and repeat the rhythmic cantillation of the scripture, learn<strong>in</strong>gto reproduce it exactly while at the same time acquir<strong>in</strong>g the skills of read<strong>in</strong>gand writ<strong>in</strong>g. Even <strong>in</strong> Arabic-speak<strong>in</strong>g countries, students whose own dialect differedfrom the classical Arabic of the Qur’an did not necessarily comprehendthe text. The effort to learn the mean<strong>in</strong>g of the text was postponed to lateryears, when the academically talented boys might travel to a m a d r a s a , w h e r ethey would learn, eventually, the sciences of textual <strong>in</strong>terpretation and legalr e a s o n i n g .The Ottoman government’s establishment of a new system of schoolsbrought a revolutionary change <strong>in</strong> curriculum. New textbooks, new subjects,and new classroom activities began to stress, <strong>in</strong> new ways and from the earliestgrades, the government’s concern with directly regulat<strong>in</strong>g the personal behaviorof its subjects. This transformation <strong>in</strong>corporated the notion that the modernsocial order demanded of each student <strong>in</strong>dividual responsibility and effortto live an ordered life. Hygiene; patience; duty to parents, scholars, and officials;and loyalty to the Ottoman state were explicitly <strong>in</strong>culcated and l<strong>in</strong>ked tonew formulations of the <strong>Islam</strong>ic character of society. These changes, identicalto those wrought by British and <strong>in</strong>digenous educators <strong>in</strong> nearby Egypt at thesame time, resulted <strong>in</strong> a long-term change <strong>in</strong> the ways the mass of Muslim stu-

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