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



    Glossary



    Preface



    Note on Transliteration, Names and Dates



     Introduction





    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



    Conclusion



     



    Chapter 3 Landscapes of popular religion in Turkey



    Sources of influence in Turkish popular religion



    Education



    Religious organizations



    Religious leaders



    The media



    Conclusion



     



    Chapter 4 Turkish secularism



    Historiography



    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



    Religion



    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



    Conclusion



     



    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



    Ekrem



    Dilek



    Yusuf



    Elif



    Halil



    Altan



    Fatma



    Hakan



    Ahmet



    Sevgi



    Seda



    Melek



    Zeynep



    Emir



    Nergis



    Hizmet/Gülen-Affiliated Participants



    Observations



     



    Conclusion



    Bibliography



    Index



    Biography



    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