1st Edition

Shari`a in the Secular State Evolving Meanings of Islamic Jurisprudence in Turkey

By Russell Powell Copyright 2016
    168 Pages
    by Routledge

    168 Pages 1 B/W Illustrations
    by Routledge

    Words in both law and religion can shape power relationships and are often highly disputed. Shari`a lies within the overlap of these two spheres and provides a unique subject for the study of meaning in that liminal space. This book contributes important insights related to Islamic jurisprudence and secularism in the Turkish context and regarding the role of language in contested legal and religious contexts.

    The study begins by providing a historical framework for the ideas and terms covered, including concepts of religion in general, Shari`a in particular, and secularism in the Turkish state. It goes on to examine empirical research to describe and analyze contemporary Turkish understandings of religion and Shari`a. The author’s research indicates that there is often a disconnect between supporting the adoption of Shari`a and supporting the regulation of everyday behavior through civil codes. Thus, “Shari`a” seems to have taken on new meanings as groups have sought either to appropriate or criticize it. It is a quintessential example of fractured and contextual meaning at the center of both religious and legal traditions.

    This book is essential reading for both academics and those interested in law, linguistics, history, political science, anthropology, sociology, religious studies, or Near Eastern studies.

    List of Figures and Tables



    Note on Transliteration, Names and Dates


    Chapter 1 Religion in Context

    Religion as the metaphysical or theological

    Psychological definitions of religion

    Religion as the social

    Religion and politics: Boundaries and interactions

    Religion and politics: The dynamic of competition

    The role of secularism


    Chapter 2 Historical Meanings of Shari`a

    Classical Tradition and fiqh

    The classical tradition of Ottoman jurisprudence

    Range of modern approaches



    Chapter 3 Landscapes of popular religion in Turkey

    Sources of influence in Turkish popular religion


    Religious organizations

    Religious leaders

    The media



    Chapter 4 Turkish secularism


    Social science considering law and religion in Turkey

    Empirical studies considering preferences regarding Shari`a


    Chapter 5 Descriptive Analysis of Data

    Preference for Shari`a


    What is Shari`a

    Shari’a process

    Shari`a rules

    Methodological approaches to Shari`a

    Analysis of significant correlations in survey data

    Linear regression and crosstab analysis

    Binary logistic regression model



    Chapter 6 Analysis of Qualitative Interviews

    University educated

    High school educated

    Primary school education or less

    Reflections on the survey group of interviews

    Hizmet/Gülen-affiliated participants


    Chapter 7 Influences in the Formations of Views Toward Shari`a
















    Hizmet/Gülen-Affiliated Participants







    Russell Powell is Professor of Law and Associate Provost for Global Engagement at Seattle University, USA. He has previously worked as a diplomat and holds degrees in Near Eastern Studies, Philosophy, and Law. He has published widely on law, religion and secularism, and Islamic jurisprudence.

    `Moving easily through social theory, theology, newly created data, and insightful interviews, Russell Powell's brilliant book presents an illuminating, nuanced, and persuasive account of the relationship between the diverse lived experiences of religion and law in Turkey. But the discussion also has profound implications for the relationship between law and religion in the United States and elsewhere. This is an exceedingly important book.'

    Steven H. Shiffrin, Charles Frank Reavis Sr. Professor of Law, Emeritus, Cornell University Law School, USA

    'Professor Powell’s study is a compelling exploration of the complex ways in which religious identity is constructed within the legally secular framework of modern Turkey. Meticulously researched and supported by quantitative data from empirical studies, it is particularly insightful into the contradictory understandings of Shari¿a in contemporary Turkey, from a symbol of faith for some to one of oppression for others.'

    Professor Ali Asani, Director, Prince Alwaleed bin Talal Islamic Studies Program, Harvard University, USA

    'Russell Powell’s conclusion that most Turks of different educational backgrounds and degrees of religiosity support traditional moral values while holding relatively libertarian views on freedom of religion offers an important corrective to much of the literature. Conceptually clear and methodologically innovative, this book makes an important contribution by identifying an enduring role for religion in shaping the moral universe of secular Turks and the constitutive role of Turkish secularism in framing the preferences of religious Turks concerning state implementation of Shari¿a.'

    Professor Asli Ü Bâli, Director, UCLA Center for Near Eastern Studies, UCLA School of Law, USA

    "This is a welcome addition to the growin