1 00:00:05,360 --> 00:00:11,510 I'd like to welcome you all to our final session for the term of the Oxford political seminar. 2 00:00:11,510 --> 00:00:18,770 And we're delighted to have two very distinguished speakers from actually both from across the Atlantic. 3 00:00:18,770 --> 00:00:22,580 One of them's been kind enough to drop in Oxford and spend a few years with us. 4 00:00:22,580 --> 00:00:31,130 We have with us Mohamed Fadel and Lena Salima Mohammed will be going first, so I'll briefly introduce him and his lecture. 5 00:00:31,130 --> 00:00:39,320 I'm Osama Azami. I'm a developmental lecturer at Synopsys College, and Faisal is really the brains behind this. 6 00:00:39,320 --> 00:00:48,800 We're co-convenor for the political thought seminar facility is professor of history at this college and gives us great pleasure to host you all. 7 00:00:48,800 --> 00:00:57,470 We want to remind you that this is going to be a seminar where the speakers speak for about 20 minutes each and we welcome people's questions. 8 00:00:57,470 --> 00:01:05,240 Please type them up in the Q&A and we'll try to address them in the discussion that will make for the last half of the seminar. 9 00:01:05,240 --> 00:01:10,400 So Mohamed Fadel is a full professor and former Canada researcher for the law 10 00:01:10,400 --> 00:01:14,930 and economics of Islamic Law at the University of Toronto's Faculty of Law, 11 00:01:14,930 --> 00:01:26,720 where he joined in January 2006. He has a Ph.D. and his Ph.D. was from the University of Chicago on the legal process in mediaeval Islamic law. 12 00:01:26,720 --> 00:01:32,120 He's also practised as a lawyer in the city of New York and so admitted to the bar in New York, 13 00:01:32,120 --> 00:01:38,000 but has been a prolific author on the law and at the intersection of Islamic law. 14 00:01:38,000 --> 00:01:44,840 Also, of course, as we've discussed Islamic legal procedure, but also your engagements are quite wide ranging. 15 00:01:44,840 --> 00:01:48,980 So you've also done political theory in the history of political theory. 16 00:01:48,980 --> 00:01:54,590 And today you're here to speak about the protean sovereign of Sunni law. 17 00:01:54,590 --> 00:01:59,570 So we're very much looking forward to that. Mohammed, if I could invite you to speak for 20 minutes. 18 00:01:59,570 --> 00:02:04,520 Thank you. Thank you very much. I thank you very much. It's a great pleasure to be here. 19 00:02:04,520 --> 00:02:09,500 Feisal and I were classmates way back when in Chicago. 20 00:02:09,500 --> 00:02:15,560 So it's great to see him, which I could be in person. Then, of course, I've known forever, so it's wonderful. 21 00:02:15,560 --> 00:02:24,460 And just to clarify the record, Lena as a Jerusalemite, she's not a Native North American, so I just want to make that clear to everybody. 22 00:02:24,460 --> 00:02:30,640 OK. Nina's also opposed to identity politics and doesn't believe that that should have been stated. 23 00:02:30,640 --> 00:02:34,840 Let's take that, for the record, very clearly. Yeah, OK. 24 00:02:34,840 --> 00:02:39,190 The protean sovereign of Sunni law, what, you know, sort of a strange title. 25 00:02:39,190 --> 00:02:48,130 But I chose it because I wanted to frame what I consider to be really a central feature of the way 26 00:02:48,130 --> 00:02:57,010 Sunni jurists write about the state and sovereignty and the idea of protean captures that because. 27 00:02:57,010 --> 00:03:04,180 It's very difficult to capture sort of the locus of sovereignty in Sunni constitutional writing. 28 00:03:04,180 --> 00:03:12,460 And I think this is very important idea to grasp not only the the ambiguity and legal writing, 29 00:03:12,460 --> 00:03:20,470 but the reason why there's a principled reason why it's very hard to capture it in a in a clear term in Sunni law. 30 00:03:20,470 --> 00:03:31,620 So I want to begin by just. Pointing out what that have translation of a lot of these alarmists is on the air, and this is not to pick on her, 31 00:03:31,620 --> 00:03:38,880 but she translates the first chapter Theakston Imama, as on the appointment of the sovereign, the amount. 32 00:03:38,880 --> 00:03:48,950 So I think this is a very common assumption amongst writers in the stomach political theory that, well, the Caliph is this is the sovereign. 33 00:03:48,950 --> 00:03:57,740 And so we are just going to assume that and we will approach writings on public offices from that perspective. 34 00:03:57,740 --> 00:04:06,020 Right. I think this is a very sort of casual analogy between the caliphate and the king and kingship, 35 00:04:06,020 --> 00:04:10,880 European kingship or British kingship, which is completely unjustified. 36 00:04:10,880 --> 00:04:22,240 Once one looks into the details of Islamic law, so as we're probably familiar in British doctrine, you have this very sort of strange metaphysical. 37 00:04:22,240 --> 00:04:28,720 Theory of the Kings, two bodies and I don't know all the details of the the genealogy, 38 00:04:28,720 --> 00:04:35,410 the theological genealogy of of this doctrine, but even as late as the 17th century, 39 00:04:35,410 --> 00:04:40,240 it is fundamental to understanding the authority of the British crown, 40 00:04:40,240 --> 00:04:48,880 and it's fundamental to very basic cases of English constitutional law that end up being very important in American constitutional law. 41 00:04:48,880 --> 00:04:57,840 For example, Calvin's case right now, in sunny fact, there is not a problem of the caliphs two bodies. 42 00:04:57,840 --> 00:05:02,010 And there's a reason for this, which I'm going to get into, 43 00:05:02,010 --> 00:05:11,850 but the solution just means that we don't have a tangible personalised expression of sovereignty in Sunni jurisprudence. 44 00:05:11,850 --> 00:05:16,860 That's what makes it protean because it shows up all over the place. 45 00:05:16,860 --> 00:05:26,490 So if we look at early legal texts and here I'm talking mainly based on my knowledge of my early Maliki legal texts such as the water and the that. 46 00:05:26,490 --> 00:05:30,480 When you come across all these different terms, you can come across Khalifa. 47 00:05:30,480 --> 00:05:45,060 Imam Sultan Party, you, Hakim Amir, etc and all of these terms are used in connexion with the exercise of what we would call sovereign power. 48 00:05:45,060 --> 00:05:53,640 And what I mean by sovereign power is the power to decide something finally and to give a conclusive resolution to something. 49 00:05:53,640 --> 00:06:00,510 Right? And so Maliki and an early Lebanese legal authorities use these terms interchangeably willy nilly. 50 00:06:00,510 --> 00:06:07,230 Right. In fact, Khalifa often times is the least political of them. 51 00:06:07,230 --> 00:06:11,190 So if you do a quick search of Khalifa in the model one, 52 00:06:11,190 --> 00:06:17,760 most of the occasions I believe are in prayer, where the prayer leader something happens to him. 53 00:06:17,760 --> 00:06:23,530 He can't complete the prayer cycle, and so he appoints al-Khalifa to complete it. 54 00:06:23,530 --> 00:06:28,050 Right? But nevertheless, 44 definitely has political resonances, but it's not. 55 00:06:28,050 --> 00:06:33,610 It doesn't monopolise in any sort of sense, an idea of sovereignty. 56 00:06:33,610 --> 00:06:40,860 So. I think the equivocal terminology or the variable terminal logical language used 57 00:06:40,860 --> 00:06:46,140 to describe sovereignty is very nicely reflected in this one very short text, 58 00:06:46,140 --> 00:06:51,930 right, where you get multiple terms for a very simple problem. 59 00:06:51,930 --> 00:06:56,580 So Sanborn asks if no calcium in the modern one? 60 00:06:56,580 --> 00:07:01,500 What's your review regarding the rulings of the governor, the governor of thought? 61 00:07:01,500 --> 00:07:06,600 So he calls them first and when and what he's doing is hatoyama. 62 00:07:06,600 --> 00:07:14,240 And then he calls them. And use the law right, which, you know, we might later call the practise map right? 63 00:07:14,240 --> 00:07:22,340 The sort of the prayer leader and seconds. So then he asks, are they valid and effective to the same extent as the decisions of judges in Maliki? 64 00:07:22,340 --> 00:07:26,180 So now we get the term cut off your plural of cards. 65 00:07:26,180 --> 00:07:34,430 And so if Bill Cosby says yes, unless it is manifestly unless his decisions are manifestly unjust, 66 00:07:34,430 --> 00:07:40,690 in which case the judge can repeal them and on what grounds does it not cost to reach this conclusion? 67 00:07:40,690 --> 00:07:46,940 Again, it's it's very interesting for understanding the doctrine of implicit doctrine of sovereignty here. 68 00:07:46,940 --> 00:07:55,700 He bases on analogy to arbitration. Malik was asked about two men who appointed a third to arbitrate between them, and then he did. 69 00:07:55,700 --> 00:08:04,860 Malik said I believe the judge should enforce the arbitrators decision in their matter and not overturn it unless it was manifestly unjust. 70 00:08:04,860 --> 00:08:11,700 So what we see here or what I would argue here is that sovereignty is expressed in a legal decision, 71 00:08:11,700 --> 00:08:21,480 finds its origin in the decisions of individual people to delegate, authority to others to rule on their behalf, to make a judgement on their behalf. 72 00:08:21,480 --> 00:08:37,080 Right now, this is not a purely positive, distinct allegation in the sense that it's a matter of whatever the ruler decides is proper because. 73 00:08:37,080 --> 00:08:44,910 Exercise of sovereignty, as Malik concedes, it in this case is regulated by a norm, 74 00:08:44,910 --> 00:08:50,760 so the arbitrator, the arbitrators legitimate sovereignty is a function of two things. 75 00:08:50,760 --> 00:09:01,830 It's a function of the consent to his status as arbitrator and a function of his substantive decision not being manifestly unjust. 76 00:09:01,830 --> 00:09:09,530 And so the same principle consent plus legality, right, regulates. 77 00:09:09,530 --> 00:09:15,530 All these offices and regulates how all sovereignty is constructed and by implication, 78 00:09:15,530 --> 00:09:22,790 sovereignty is exercised through this mechanism, and that's why you have multiple offices exercising sovereignty. 79 00:09:22,790 --> 00:09:32,540 Hence the protein character of sovereignty. Right. And this comes across very explicitly and I think theorise very nicely in the work of Shehab 80 00:09:32,540 --> 00:09:38,360 the karate that I translated the criteria for distinguishing legal decisions from opinions, 81 00:09:38,360 --> 00:09:45,380 et cetera. And so he deals with this expressly in his answer to Question three, 82 00:09:45,380 --> 00:09:53,810 where he says public offices exist across a spectrum of powers with two extremes in the middle. 83 00:09:53,810 --> 00:09:57,590 The Office of the Caliph, which is the greater imam a. 84 00:09:57,590 --> 00:10:05,180 That's the office with the greatest power arbitration, which comes into existence by an act of the to the students is the office with the least power. 85 00:10:05,180 --> 00:10:07,520 And between these are many intermediate offices. 86 00:10:07,520 --> 00:10:16,130 And he then gives 15 examples, and his point is all these different offices all exercised sovereignty in the sense that I talked about, 87 00:10:16,130 --> 00:10:22,210 mainly having the authority to resolve disputes conclusively. 88 00:10:22,210 --> 00:10:33,100 And you can sort of systematically identify sovereign power through this range of what's the scope of? 89 00:10:33,100 --> 00:10:41,650 Sovereign power that each office has. So the imam and the of the Caliph has the greatest scope. 90 00:10:41,650 --> 00:10:45,880 And that is reflected in the fact that he can do fatwas. 91 00:10:45,880 --> 00:10:49,870 He can act as a judge. And then he can act in the public interest. 92 00:10:49,870 --> 00:10:56,160 But what's crucial to understand in all these cases is that when the Caliph. 93 00:10:56,160 --> 00:10:57,600 That's judicially. 94 00:10:57,600 --> 00:11:08,990 He must actually act as a judge because the principle that Malik asserted and or him asserted is that when the wily the governor issues a ruling. 95 00:11:08,990 --> 00:11:14,120 It's valid and enforceable, i.e. an exercise arbitrary as long as it's not manifestly unjust. 96 00:11:14,120 --> 00:11:24,480 It corresponds to the substantive idea of law. So although in principle, the Caliph has all the powers of lesser offices. 97 00:11:24,480 --> 00:11:29,070 In practise, his exercise of that power. 98 00:11:29,070 --> 00:11:35,700 Transforms him into a judge when he acts judicially, transforms him into a mufti, 99 00:11:35,700 --> 00:11:40,230 when he acts as a mufti, transforms into a witness when he acts as a witness. 100 00:11:40,230 --> 00:11:47,850 ET cetera, et cetera, et cetera. So in all cases, there's never any sovereignty attached to his person, right? 101 00:11:47,850 --> 00:11:55,340 So his body? He does not have a natural body that is of any significance to sovereignty. 102 00:11:55,340 --> 00:12:05,170 Unlike the English king. So in that case, who is the sovereign right, where is the sovereign in suddenly thought? 103 00:12:05,170 --> 00:12:11,890 And so my argument is that the sovereign is a non corporeal entity, namely the Muslim community. 104 00:12:11,890 --> 00:12:22,210 Right. And so we see that expressly in this very interesting text of the Hanafi jurists who's maybe a century before Khadafi as Casani, 105 00:12:22,210 --> 00:12:27,930 the Casani died at the end of the 12th century. And here he is discussing. 106 00:12:27,930 --> 00:12:34,410 Why a judge does not lose jurisdiction when the appointing power. 107 00:12:34,410 --> 00:12:43,480 I like the Caliph dies. Because one might think that the judge is the delegate of the caliphate. 108 00:12:43,480 --> 00:12:51,130 And so he is a representative of the caliphate and normal principles of agency law state that when the principal dies, 109 00:12:51,130 --> 00:12:54,790 the agent loses all authority because the principal is gone. 110 00:12:54,790 --> 00:13:02,470 Now, from a legal perspective, this is just not the rule for the judge, even after the Caliph dies or the pope is deposed. 111 00:13:02,470 --> 00:13:07,480 The judge's jurisdiction remains valid, and the reason, according to Alqasem, 112 00:13:07,480 --> 00:13:13,480 is because the judge is not appointed is neither appointed pursuant to the personal authority of the Caliph, 113 00:13:13,480 --> 00:13:20,290 nor does he act to further the jurisdiction, the personal jurisdiction of the Caliph, rather in both cases. 114 00:13:20,290 --> 00:13:26,110 He's appointed pursuant to the authority of the Muslim community, and he acts for the Muslim community, 115 00:13:26,110 --> 00:13:32,010 and the Muslim community does not die, as he says here explicitly. 116 00:13:32,010 --> 00:13:41,550 They cannot excuse me, when will I see him by the mouth of Khalifa Bashir, the will air of the Muslim community persists after his death. 117 00:13:41,550 --> 00:13:46,020 So what does that make? The Caliph makes the Caliph an agent. 118 00:13:46,020 --> 00:13:54,820 But interestingly, he's not just any agent. He uses the term rasool, which in Hanafi fifth, is the lowest form of agent. 119 00:13:54,820 --> 00:14:03,010 He's the ministerial agent, the agent that has absolutely no personal interest in the transaction at issue. 120 00:14:03,010 --> 00:14:12,910 So there's no confusion from the perspective of the third party, whether he's dealing with the agent in his personal capacity or for the principal. 121 00:14:12,910 --> 00:14:21,400 So it's very interesting that for Casani, the Caliph is so unimportant that it's just a ministerial function. 122 00:14:21,400 --> 00:14:24,230 And in all cases, as he says. 123 00:14:24,230 --> 00:14:31,340 It's always the Muslim community that is acting when a judges appointed, it's an action of the Muslim community when a judge is removed. 124 00:14:31,340 --> 00:14:35,800 It's an action of the Muslim community. It's never an act of the Caliph. 125 00:14:35,800 --> 00:14:43,480 Happy for that. It's just through by means of right, he's just a straw substitute. 126 00:14:43,480 --> 00:14:52,480 Now, know one of the things I want to try to show that this idea is pervasive, it's not particular to Casani or Gadhafi or whatever. 127 00:14:52,480 --> 00:15:04,330 And so here is an extract from a fifth century Maliki, a work of positive law, a top Sara the jurist and is an important tairawhiti jurist. 128 00:15:04,330 --> 00:15:11,190 And he's talking about the idea of the rule of law as being obligatory in combat and helping in this. 129 00:15:11,190 --> 00:15:16,200 This is a duty Casani, by the way, mentioned the same thing if you think about. 130 00:15:16,200 --> 00:15:21,510 And so the ruler has a positive duty to establish a system of rule of law. 131 00:15:21,510 --> 00:15:27,890 And of course, he can do this personally if he has the capacity right. 132 00:15:27,890 --> 00:15:35,810 But again. It's qualified by having the capacity to actually establish an effective system of rule of law. 133 00:15:35,810 --> 00:15:42,770 Practically speaking, that's impossible. So therefore, he has an obligation to delegate to others. 134 00:15:42,770 --> 00:15:46,440 Power sufficiently to establish a rule of law. 135 00:15:46,440 --> 00:15:54,090 And then finally, what's I think, what's again, what's interesting tying this back to where we started with arbitration? 136 00:15:54,090 --> 00:16:01,130 What happens if he fails to do that or there's no ruler? Then he says, right, 137 00:16:01,130 --> 00:16:08,600 it devolves on those persons having good judgement and good character and whosoever they agree is qualified to discharge that obligation. 138 00:16:08,600 --> 00:16:16,910 They appoint him to the post. Right. So again, here there is this idea that. 139 00:16:16,910 --> 00:16:22,490 Representing the Muslim community, as I would put it, is. 140 00:16:22,490 --> 00:16:29,060 Potentially not a stable, it's not stable, located in any particular person. 141 00:16:29,060 --> 00:16:36,200 It's only located in the person that is exercising the legal duty of fulfilling the legal obligation. 142 00:16:36,200 --> 00:16:40,310 So what makes the rally a rally is that he establishes a rule of law. 143 00:16:40,310 --> 00:16:46,170 Right? The Ali, who doesn't establish a rule of law, is not a one. 144 00:16:46,170 --> 00:16:53,690 So again, you can say this that it's not. Sovereignty is not the right to obedience. 145 00:16:53,690 --> 00:17:02,830 Obedience is what creates the sovereignty. So sovereignty is constituted through the act of obedience, not the other way around. 146 00:17:02,830 --> 00:17:07,120 OK, so I will stop here. Thank you. Thank you so much. 147 00:17:07,120 --> 00:17:13,610 That was intriguing. Fascinating as always and nice to read some Arabic on the screen. 148 00:17:13,610 --> 00:17:18,440 We will come to those questions that viewers may have and please feel free to type 149 00:17:18,440 --> 00:17:25,220 them up in the Q&A and we will address them in the final half of the broadcast. 150 00:17:25,220 --> 00:17:29,270 I'd like to invite Lena at this point to give her presentation. 151 00:17:29,270 --> 00:17:36,740 So Lena is I'm very happy to say of my colleague this year at St. Anthony's College and our colleague, 152 00:17:36,740 --> 00:17:43,670 Professor Lena, and she's a scholar who specialises in critical theory in relation to law and history, 153 00:17:43,670 --> 00:17:48,410 using interdisciplinary and critical methods to ask historically ethical and jurisprudential 154 00:17:48,410 --> 00:17:53,690 questions of Islamic law and Jewish law in the late antique mediaeval and modern errors. 155 00:17:53,690 --> 00:17:56,900 And the two of you are wonderful to have on the same panel, 156 00:17:56,900 --> 00:18:04,400 especially because you are both historians with doctorates in that sort of area, but also legal scholars with shades. 157 00:18:04,400 --> 00:18:08,870 And so I think this will make for a particularly illuminating conversation, 158 00:18:08,870 --> 00:18:13,250 especially since your approaches, I'm sure, will be dramatically different. 159 00:18:13,250 --> 00:18:21,770 And so I did want to highlight Nina's very important first book The Beginnings of Islamic Law Late Antique Islamic Legal Traditions, 160 00:18:21,770 --> 00:18:25,160 which offers a historically grounded understanding of Islamic law. 161 00:18:25,160 --> 00:18:33,650 She is also very prolific, and I've noticed you've been publishing quite a bit in the last year or year and a half. 162 00:18:33,650 --> 00:18:41,960 So, you know, really sort of at the cutting edge of a number of different fields, and her publications are available on her academia page. 163 00:18:41,960 --> 00:18:52,990 So I could go on Lena, but I'm going to at this point ask you to speak on your topic, which is reconsidering the political in pre-modern Islam. 164 00:18:52,990 --> 00:18:58,640 So thanks for the invitation to participate in the series, I'm looking forward to the discussion. 165 00:18:58,640 --> 00:19:04,580 Islamic political thought may be the most deeply politicised area of Islamic studies in the global north, 166 00:19:04,580 --> 00:19:11,540 an inordinate amount of the scholarship revolves around asking the problematic question Can Muslims be politically modern? 167 00:19:11,540 --> 00:19:20,150 This question motivates research that examines Islam and democracy, or Islam and human rights, or any number of other similar modern political forms. 168 00:19:20,150 --> 00:19:27,170 Posing the question is incoherent because it is based on a centralisation of being Muslim and of being modern. 169 00:19:27,170 --> 00:19:32,570 Consequently, attempting to answer this question is an intellectual trap. 170 00:19:32,570 --> 00:19:39,740 I do not engage with pre-modern Islamic political thought with the objective of answering this false question or its corollaries. 171 00:19:39,740 --> 00:19:43,250 Instead, I ask different questions and I would suggest, for instance, 172 00:19:43,250 --> 00:19:50,510 the question How do Muslims in the modern era use the pre-modern Islamic tradition to articulate their politics? 173 00:19:50,510 --> 00:19:56,150 Rejecting the conventional question also results in discarding conventional answers. 174 00:19:56,150 --> 00:20:01,160 A primary conventional answer involves surveying the ideas of specific Muslims. 175 00:20:01,160 --> 00:20:09,590 Recent scholarship constructs a canon of modern Muslim political thinkers, including with a lot of my duty and more recently, 176 00:20:09,590 --> 00:20:18,140 I know this great men approach is a gross distortion because it misrepresents political thought as the product of certain famous men. 177 00:20:18,140 --> 00:20:23,750 And not coincidentally, this approach reflects the misogyny in the field of Islamic studies. 178 00:20:23,750 --> 00:20:29,120 Researchers who perpetuate the great men mythology misconstrue these prominent men as 179 00:20:29,120 --> 00:20:35,180 representative of the Islamic traditions past or present in the present in an empirical sense. 180 00:20:35,180 --> 00:20:40,820 These figures do not epitomise the entirety of the modern Muslim world or its political thought. 181 00:20:40,820 --> 00:20:45,850 As for the past, these figures do not embody Islamic continuity. 182 00:20:45,850 --> 00:20:52,240 Too many researchers view the claims of these specific men as facts rather than as interpretations. 183 00:20:52,240 --> 00:20:59,860 In addition, much research separates theory from action, which is evident in how political theorists construct this canon of named men, 184 00:20:59,860 --> 00:21:04,810 while political scientists study Islamist groups of largely unnamed men. 185 00:21:04,810 --> 00:21:07,390 Both the question Can Muslims be politically modern? 186 00:21:07,390 --> 00:21:13,480 And the purported answer this is how these famous men view moderate Muslim politics are unproductive. 187 00:21:13,480 --> 00:21:20,870 To understand modern Islamic political thoughtfully, we need different questions and different research mystics. 188 00:21:20,870 --> 00:21:25,940 pre-Modern Islamic political thought can illuminate both alternative questions and restricts. 189 00:21:25,940 --> 00:21:30,260 So in my comments today, I will begin to address two interrelated issues. 190 00:21:30,260 --> 00:21:37,400 First, how do we understand political thought in the pre-modern world? And second, how do we find political thought and pre-modern sources? 191 00:21:37,400 --> 00:21:41,990 Before we can engage with these two questions, we must be clear on our baseline concept. 192 00:21:41,990 --> 00:21:46,460 So I am using political broadly to mean matters of governance. 193 00:21:46,460 --> 00:21:52,010 In considering these two issues, I'm building upon the theories and methods I've delineated in my previous scholarship. 194 00:21:52,010 --> 00:21:58,460 I am not a political theorist, so I engage with pre-modern Islamic political thought through critical theory and Islamic law. 195 00:21:58,460 --> 00:22:03,140 Critical theory, of course, intersects with political theory, and law is political, 196 00:22:03,140 --> 00:22:10,210 so all of my scholarship previously has involved dimensions of Islamic political thought. 197 00:22:10,210 --> 00:22:16,060 So I want to begin by exploring how pre-modern Muslims conceptualise political belonging in legal texts. 198 00:22:16,060 --> 00:22:18,190 There is a consensus documented in late, 199 00:22:18,190 --> 00:22:25,960 antique and mediaeval Islamic sources that all three adult and say Muslims are recognised as subject to the charity tax on their wealth. 200 00:22:25,960 --> 00:22:31,810 pre-Modern Muslim jurists disagreed about the imposition of the charity tax on individuals without legal capacity, 201 00:22:31,810 --> 00:22:38,920 such as minors and on individuals with questionable legal capacity and property rights, specifically slaves. 202 00:22:38,920 --> 00:22:46,810 If the late antique Islamic taxation system was based on membership in the polity, then wealth was the key criterion for tax liability. 203 00:22:46,810 --> 00:22:55,870 If the taxation system was based on belief, then intentionality to perform a ritual act was the key criterion for tax liability, 204 00:22:55,870 --> 00:23:00,010 mostly an antique legal authorities obligated miners to pay the charity tax. 205 00:23:00,010 --> 00:23:05,890 Since Muslim miners were not expected to fulfil ritual obligations because they lack intentionality, 206 00:23:05,890 --> 00:23:09,550 most jurors viewed wealth as a prerequisite for the tax. 207 00:23:09,550 --> 00:23:15,430 By comparison, mostly antique legal authorities did not require slaves to pay the charity tax. 208 00:23:15,430 --> 00:23:24,190 Since Muslim slaves were expected to fulfil ritual obligations, most jurors viewed wealth and political status as prerequisites for the tax. 209 00:23:24,190 --> 00:23:29,050 Simply put, many late antique legal authorities required miners, but not slaves, 210 00:23:29,050 --> 00:23:36,840 to pay the charity tax because political belonging, rather than belief or intentionality, triggered the obligation to pay. 211 00:23:36,840 --> 00:23:43,110 The legal reasoning underlining doctrinal rules about charity taxation reflect political thought. 212 00:23:43,110 --> 00:23:48,990 Many pre-modern Muslim jurists viewed paying the charity tax as enacting Muslim citizenship. 213 00:23:48,990 --> 00:23:54,750 I follow Elizabeth Cohen and recognising that citizenship is a gradient category and not a binary one. 214 00:23:54,750 --> 00:24:01,050 Thus, there is a status in between citizens and non-citizens, which Cohen refers to as semi citizens, 215 00:24:01,050 --> 00:24:08,760 because these exigencies was from the beginning, a means of taxing those members and pleasing members. 216 00:24:08,760 --> 00:24:11,730 It corresponded to a political framework for defining citizenship. 217 00:24:11,730 --> 00:24:17,490 And so my citizenship using the category of citizenship in late antique context is not anachronistic. 218 00:24:17,490 --> 00:24:24,870 For those of May, maybe thinking it is citizenship like state is not a fixed category, but one that has historically specific meanings. 219 00:24:24,870 --> 00:24:32,130 Consequently, late antique citizenship in a late antique state is distinct from modern citizenship in a modern nation state. 220 00:24:32,130 --> 00:24:38,670 Moreover, citizenship is widely understood as a category that is applicable in pre-modern contexts. 221 00:24:38,670 --> 00:24:43,740 So, for example, few people doubt the efficacy of the category of Roman citizenship. 222 00:24:43,740 --> 00:24:49,020 The fact that Romans review commonly at citizens and Muslims as believers does not reflect 223 00:24:49,020 --> 00:24:54,060 concrete differences between what it meant to be Roman or Muslim in late antiquity. 224 00:24:54,060 --> 00:25:02,640 Instead, the tendency to characterise these groups differently reflects modern presumptions that are incongruent with the historical reality. 225 00:25:02,640 --> 00:25:09,150 Simply put, in late antiquity, being Muslim was a form of citizenship that established political belonging. 226 00:25:09,150 --> 00:25:15,270 Methodologically, my article taxing citizens social legal constructions of late antique Muslim identity demonstrates 227 00:25:15,270 --> 00:25:21,210 how we can use a variety of pre-modern sources to reconstruct the political thought of jurists. 228 00:25:21,210 --> 00:25:28,170 Late antique legal opinions surrounding the payment of the charity tax reveal how juries demarcated who is a Muslim, 229 00:25:28,170 --> 00:25:38,070 which in a pretty secular world was a political identity. So if we were to tell a macro story about governance in the pre-modern Muslim world, 230 00:25:38,070 --> 00:25:43,020 that story would narrate the growing power of the state and professionalisation of the state's 231 00:25:43,020 --> 00:25:48,840 bureaucratic apparatus because the process of professionalisation was gradual and incremental. 232 00:25:48,840 --> 00:25:54,030 The late antique period provides historical evidence for styles of governance that did not continue. 233 00:25:54,030 --> 00:26:02,730 For instance, rulers during the late antique period played a larger role in interpreting and declaring Islamic law than rulers in successive periods. 234 00:26:02,730 --> 00:26:07,380 Obviously, Muhammad passed judgements over the first Muslim community in both Mecca and Medina. 235 00:26:07,380 --> 00:26:14,520 Likewise, the caliphs who succeeded him were not merely political leaders because they promulgated laws and shaped normative legal practises. 236 00:26:14,520 --> 00:26:19,740 There aren't numerous legal opinions associated with each individual Caliph and Caliph. 237 00:26:19,740 --> 00:26:26,940 Omar is even known to have dismissed judges for implementing substantive legal decisions that differed from his legal opinions. 238 00:26:26,940 --> 00:26:32,160 Many were made, caliphs had some legal knowledge and were involved in the everyday practise of law. 239 00:26:32,160 --> 00:26:36,600 So, for example, there's historical evidence that early on, Caliph held their own courts, 240 00:26:36,600 --> 00:26:42,570 offered judges their legal opinions, tested judicial knowledge and dictated court procedural rules. 241 00:26:42,570 --> 00:26:48,480 Notably, the relationship between and caliphs and American judges was not exclusively hierarchical. 242 00:26:48,480 --> 00:26:52,290 So, for example, a modern judge ruled against the governor of Medina, No. 243 00:26:52,290 --> 00:27:02,270 One. Thus, there was competition interaction and overlap between rulers, judges, jurists and other bureaucrats. 244 00:27:02,270 --> 00:27:10,250 We need to recognise and understand this historical evidence because it corrects a prevalent romanticisation of pre-modern Islamic governance. 245 00:27:10,250 --> 00:27:16,040 According to this idealistic projection, pre-modern Muslim jurists were entirely independent of the state. 246 00:27:16,040 --> 00:27:24,350 This is simply is inaccurate. As I've explained elsewhere, states have been involved in the shaping of Islamic law from the beginning. 247 00:27:24,350 --> 00:27:28,610 Despite the aspirations of pre-modern jurists, rulers endorsed legal schools, 248 00:27:28,610 --> 00:27:34,820 appointed judges and have other broad scale influences on the shape and substance of Islamic law. 249 00:27:34,820 --> 00:27:39,470 Of course, the modern nation state usurped the power of the jurists more extensively, 250 00:27:39,470 --> 00:27:43,640 but it was not the first form of governance to compete with jurists. 251 00:27:43,640 --> 00:27:50,840 Moreover, the romanticised narrative is a projection of European history and Eurocentric concepts that is, 252 00:27:50,840 --> 00:27:58,880 many scholars in plot their narratives of Islamic history in imitation of a European history of church versus state conflict. 253 00:27:58,880 --> 00:28:07,700 The church is represented as the an untranslated term that distorts the complex relationships amongst different types of scholars, 254 00:28:07,700 --> 00:28:15,830 jurists, judges and other bureaucrats. This is another example of an untranslated term masking secular assumptions. 255 00:28:15,830 --> 00:28:21,560 The phenomenon that I identified in my article decolonial translation There are many implications 256 00:28:21,560 --> 00:28:27,290 for imposing a European model of church vs. state controversy in pre-modern Islamic history. 257 00:28:27,290 --> 00:28:33,760 I'm only going to mention two here. First, much recent scholarship treat scholars like church clergy. 258 00:28:33,760 --> 00:28:41,020 And as a result, the scholarship conflicts the Islamic tradition with the orthodoxy of a select group of scholars. 259 00:28:41,020 --> 00:28:45,190 However, Muslim jurists and scholars are not the functional equivalent of clergy. 260 00:28:45,190 --> 00:28:51,880 There was no church institution in pre-modern Islamic history, and scholars did not operate in a hierarchical structure. 261 00:28:51,880 --> 00:28:56,890 Second, this Eurocentric misreading of Islamic history leads to the mistaken classification 262 00:28:56,890 --> 00:29:01,570 of the pre-modern Islamic State as external to the Islamic tradition. 263 00:29:01,570 --> 00:29:08,210 In reality, rulers and scholars were competing groups within the Islamic tradition. 264 00:29:08,210 --> 00:29:10,700 So as we saw with the first historical example, 265 00:29:10,700 --> 00:29:17,450 an obligatory state imposed tax that derives its legal validity from the Koran confuses modern legal categories. 266 00:29:17,450 --> 00:29:23,270 The pre-modern Islamic charity tax does not correspond to the modern bifurcation between religion and the secular. 267 00:29:23,270 --> 00:29:27,590 pre-Modern citizenship did not recognise a notion of religion. 268 00:29:27,590 --> 00:29:33,740 As we saw with the second historical example, the competition interaction and overlap between rulers, 269 00:29:33,740 --> 00:29:38,540 judges and jurists defy modern governance is centralisation. 270 00:29:38,540 --> 00:29:45,470 Conventional scholarship focuses on the scholarly class in ways that I described as a secular translation of the Islamic tradition. 271 00:29:45,470 --> 00:29:51,500 pre-Modern Islamic governance does not correspond to the secular bifurcation between church and state. 272 00:29:51,500 --> 00:29:55,670 So when contemporary scholars research pre-modern Islamic political thought, 273 00:29:55,670 --> 00:30:01,940 they frequently limit themselves to dimensions of the Islamic tradition that the contemporary scholar understands is political, 274 00:30:01,940 --> 00:30:06,890 rather than to the dimensions of the tradition that pre-modern Muslims understood as political. 275 00:30:06,890 --> 00:30:15,440 So this is not simply a matter of anachronism. pre-Modern political thought was not secular with these two brief historical examples. 276 00:30:15,440 --> 00:30:21,500 I illustrated how secular political thought distorts pre-modern Islamic political thought. 277 00:30:21,500 --> 00:30:25,070 It is important to keep in mind that how one understands pre-modern Islamic 278 00:30:25,070 --> 00:30:30,550 political thought has direct implications for modern Islamic political thought. 279 00:30:30,550 --> 00:30:38,680 Secular ideology constructs a problem space in which the secular, modern nation state is constantly demarcating a line between politics and religion. 280 00:30:38,680 --> 00:30:41,530 This is not a line that can be drawn empirically. 281 00:30:41,530 --> 00:30:48,040 It is a line that the modern nation state draws and moves in accordance with its particular material and ideological objectives. 282 00:30:48,040 --> 00:30:54,760 So put differently, the modern nation state differentiates between two secular notions secular politics and religion, 283 00:30:54,760 --> 00:31:00,910 because it serves its interests to do so. Secular ideology advocates of certain political doctrines. 284 00:31:00,910 --> 00:31:05,950 First, secular ideology seeks to concentrate power in the institutions of the modern nation state, 285 00:31:05,950 --> 00:31:07,960 and some of my previous scholarship have demonstrated both. 286 00:31:07,960 --> 00:31:14,860 How secular ideology defines religion is the non secular and how this secular notion of religion models the pre-modern Islamic tradition. 287 00:31:14,860 --> 00:31:18,730 One Secular ideology false to demarcate certain aspects of social life. 288 00:31:18,730 --> 00:31:25,260 A separate and. It alters interrelated spheres such as ethics and politics. 289 00:31:25,260 --> 00:31:34,290 Second, secular ideology asserts that law can only be positive law because the state seeks to maintain power through a unique vocal state law. 290 00:31:34,290 --> 00:31:39,420 The secular notions of religion and positive law distort Islamic politics. 291 00:31:39,420 --> 00:31:46,530 Now, in my experience, the historical theoretical arguments that underlie the critique of secularism cannot be explained in a short talk. 292 00:31:46,530 --> 00:31:53,040 Understanding the critique necessitates extensive reading in the history of secularism and the genealogy of religion. 293 00:31:53,040 --> 00:31:55,950 That is the modern history of secularism, because that's the key issue. 294 00:31:55,950 --> 00:31:59,190 So rather than continuing to explain this critique of secular political thought, 295 00:31:59,190 --> 00:32:04,080 I just want to suggest the readings identified on the slide and move on. 296 00:32:04,080 --> 00:32:05,370 So when I began this talk, 297 00:32:05,370 --> 00:32:11,640 I asserted that much recent scholarship is motivated by asking the problematic question Can Muslims engage in modern politics? 298 00:32:11,640 --> 00:32:14,820 I want to return now to the question I posed as an alternative. 299 00:32:14,820 --> 00:32:21,930 How do Muslims in the modern era use the pre-modern Islamic tradition to articulate their politics, as is common in similar contexts? 300 00:32:21,930 --> 00:32:28,410 When contemporary individuals look to the pre-modern past, they see it through the lens of contemporary ideas and concerns. 301 00:32:28,410 --> 00:32:34,290 Consequently, many prevalent assumptions about Islam's past are reflective of Islam's present. 302 00:32:34,290 --> 00:32:38,160 This is not unique, of course, to Islam. Contemporary Islamists, though, 303 00:32:38,160 --> 00:32:43,830 and the scholars who study them frequently rely on a set of false assumptions about pre-modern Islamic political thought, 304 00:32:43,830 --> 00:32:52,350 and I presented two historical examples. Muslim belonging and the relationship between jurists and the ruler that defy conventional assumptions. 305 00:32:52,350 --> 00:32:57,060 In addition, contemporary Muslims often make claims of authenticity or returning to the past. 306 00:32:57,060 --> 00:33:01,500 That should be challenged because neither authenticity nor return are possible. 307 00:33:01,500 --> 00:33:08,190 In many cases, instead of authenticity or return, we find hybridity in the specific case of modern Islamic political thought. 308 00:33:08,190 --> 00:33:10,950 We find what I have called secular Islamization. 309 00:33:10,950 --> 00:33:17,220 Secular Islamization is evident in how some Islamist groups adopt a modern secular notion of religion and imitate secular, 310 00:33:17,220 --> 00:33:24,840 legal and political reasoning. I analogise this process to the placing of Islamic vocabulary in secular political sentences. 311 00:33:24,840 --> 00:33:32,590 This is, of course, again not unique to the Islamic tradition. I hope that it is clear by now that what underlies the conventional question about the 312 00:33:32,590 --> 00:33:37,180 possibility of Muslims engaging in modern politics is another ineffective question. 313 00:33:37,180 --> 00:33:44,350 Can Muslims be secular? As I've demonstrated elsewhere, this question motivates much scholarship in Islamic studies today. 314 00:33:44,350 --> 00:33:49,510 It is an analytically confused question because Islam and secularism are not mutually exclusive. 315 00:33:49,510 --> 00:33:54,190 It is a misleading question because it directs attention towards a circular path enclosed 316 00:33:54,190 --> 00:34:00,310 within secular ideology in order to reconsider the political in the Islamic tradition. 317 00:34:00,310 --> 00:34:07,300 It must recognise that the political thought is neither trends historical nor transcultural. 318 00:34:07,300 --> 00:34:12,570 Thank you. Fantastic, thank you very much. 319 00:34:12,570 --> 00:34:22,290 Thank you, Mohammed. I think, you know, we really have two wonderfully rich papers which talk both to each other and in some ways against one another. 320 00:34:22,290 --> 00:34:31,680 So we are open for questions. Members of the audience can write in their questions and the Q&A box of the chat box or raise their hands, 321 00:34:31,680 --> 00:34:35,250 and also something I obviously will also ask questions. 322 00:34:35,250 --> 00:34:38,550 And I just have a couple to begin with. 323 00:34:38,550 --> 00:34:45,810 One. The one place where these two papers meet seems to be the claim, 324 00:34:45,810 --> 00:34:55,110 a very interesting claim about the non-linear nature of authority, and this can go in so many different places. 325 00:34:55,110 --> 00:34:59,280 So I just want to ask both of you, each of you, about that. 326 00:34:59,280 --> 00:35:10,050 For Mohammed, the fact that there seems to be no real hierarchy in which appeals can be taken from one from, 327 00:35:10,050 --> 00:35:14,580 you know, a subordinate authority to a superior one. 328 00:35:14,580 --> 00:35:28,230 Do you think that suggests that sovereignty as you define it is fragmented because it is divided by the field that each authority encompasses? 329 00:35:28,230 --> 00:35:37,110 You mentioned, for instance, how the Caliph can take on the role of authorities who are normally seen as subordinate to him, 330 00:35:37,110 --> 00:35:43,980 and in this way his own authority gets to be divisible in feels like ways. 331 00:35:43,980 --> 00:35:51,750 Is that one way in which you might think about what appears to be a fragmented form of sovereignty? 332 00:35:51,750 --> 00:35:55,500 Perhaps another way of putting it is the Muslim community, 333 00:35:55,500 --> 00:36:06,990 as the residual ground of the sovereignty is unable to manifest itself apart from in these varying authorities. 334 00:36:06,990 --> 00:36:12,240 You also said something about the distinction between. 335 00:36:12,240 --> 00:36:21,600 Insofar as justice or legitimacy is crucial to the acknowledgement of the sovereignty of any authority. 336 00:36:21,600 --> 00:36:30,170 It seems to be more a kind of, if you will, ethical or even a philosophical principle rather than the law. 337 00:36:30,170 --> 00:36:36,740 So three bits of questions, let's join together and then leader, if I might just ask you again, 338 00:36:36,740 --> 00:36:45,140 this category of the non-linear nature, I think, is, you know, it's really, as I said, it can go in so many different places. 339 00:36:45,140 --> 00:36:54,500 And I just wanted to ask whether without seeing it as being anarchistic in any way, though, it would be interesting if it were anarchistic. 340 00:36:54,500 --> 00:36:57,700 You know how you might think about. 341 00:36:57,700 --> 00:37:08,380 The anti hierarchical or the non-hierarchical nature of of authority and then in a sense, with your first example which had to do with property, 342 00:37:08,380 --> 00:37:19,080 could you say something more about how property or ownership or wealth ends up configuring citizenship in a way that. 343 00:37:19,080 --> 00:37:25,170 That has not really been taken into account as far as I know in the scholarship on Islamic politics. 344 00:37:25,170 --> 00:37:29,170 I find that. Really, just a way of thinking, 345 00:37:29,170 --> 00:37:39,100 because it might allow you to approach sort of European political theory and its fixation on property in a quite different way. 346 00:37:39,100 --> 00:37:45,130 So, you know, your critical endeavour addresses not just the question of circularity which you rightly brought up, 347 00:37:45,130 --> 00:37:53,620 but also that of ownership and property, which defined so much of early modern and modern political thought in Europe. 348 00:37:53,620 --> 00:37:58,270 So sorry, rather shaggy dog questions, Muhammad. Perhaps you can begin. 349 00:37:58,270 --> 00:38:02,350 Yeah. I mean, I think I wouldn't necessarily say non-linear. 350 00:38:02,350 --> 00:38:04,600 That's not how I would describe it. What I would describe it as. 351 00:38:04,600 --> 00:38:13,600 Shared sovereignty and sovereignty is shared throughout the community to all these different offices that these are coordinate offices, 352 00:38:13,600 --> 00:38:18,250 each exercising a particular slice of sovereignty. 353 00:38:18,250 --> 00:38:27,250 But that sovereignty is real in the sense that it doesn't depend for its vigour on the approval of the appointing authority. 354 00:38:27,250 --> 00:38:35,890 Because the appointing authority is a sort of like the Caliph isn't appointing the judge in the way that I appoint somebody to build the deck for me. 355 00:38:35,890 --> 00:38:45,460 This is the point of Casady, Casani is saying. Is acting as a messenger of the community to fulfil this function of discharging the rule of law. 356 00:38:45,460 --> 00:38:50,890 And so that's a real sovereign function that now exists in the judge. 357 00:38:50,890 --> 00:38:54,220 And so when the judge exercises that lawfully, 358 00:38:54,220 --> 00:39:03,230 then that's that's just that that's a full act of sovereignty not dependent on the caliphs will in any sort of way. 359 00:39:03,230 --> 00:39:08,600 Likewise, the kill off has personal capacity to adjudicate these disputes. 360 00:39:08,600 --> 00:39:14,450 But that's not because he's superior. It's because he's taking on the trappings of being a judge. 361 00:39:14,450 --> 00:39:19,850 In some sense, he's descending to the level of a judge when he wishes to do that. 362 00:39:19,850 --> 00:39:26,480 And so I think what's I mean, I'm approaching this mainly from a perspective of a kind of liberal legal theorist here. 363 00:39:26,480 --> 00:39:30,770 I know I like I have to get that to get Lina upset with me. 364 00:39:30,770 --> 00:39:37,850 But my point is to try to say that in so many juridical thinking, the law constitutes sovereignty. 365 00:39:37,850 --> 00:39:44,660 Sovereignty is not above the law the way some sort of crude Australians would view it. 366 00:39:44,660 --> 00:39:50,900 So you have an unconstrained sovereign, the unconstrained commander. That's not the idea of Sunni sovereignty. 367 00:39:50,900 --> 00:39:56,480 The idea of Sunni sovereignty is manifested through conformity with law. 368 00:39:56,480 --> 00:40:01,120 Not. Being above it, that's sort of the the really essential point, 369 00:40:01,120 --> 00:40:09,430 that's what allows for sovereignty to be shared across all these different offices and have a residual existence in the community members. 370 00:40:09,430 --> 00:40:11,980 So for example, if the Noujaim, 371 00:40:11,980 --> 00:40:23,320 who is a 16th century Egyptian hammer who has a very interesting epistle about what happens when when the governor dies and the sultan is done, 372 00:40:23,320 --> 00:40:27,520 who has not sent a replacement yet? Who takes over? 373 00:40:27,520 --> 00:40:36,460 Is it the commander of the garrison or is it the chief judge? And it goes back to again, this idea really gets to sort of the idea of, you know, 374 00:40:36,460 --> 00:40:40,000 the exception, what happens when there's an exception to the regular constitutional order? 375 00:40:40,000 --> 00:40:45,400 That's why you see the real sovereign right and the real sovereign arises. 376 00:40:45,400 --> 00:40:49,030 You know, it's Lakshmi says, as James says is back in the community. 377 00:40:49,030 --> 00:40:52,820 Although if the natural evolution is very clear, it's the judge. 378 00:40:52,820 --> 00:40:55,900 It shouldn't go back to the the public to elect somebody new. 379 00:40:55,900 --> 00:41:02,910 The judge should exercise sovereign powers until such time as the Sultan can send his inspection governor. 380 00:41:02,910 --> 00:41:09,070 But my general approach is to look at the details of the rules of the law jurisdictional and procedural 381 00:41:09,070 --> 00:41:16,700 to understand how sovereignty in a sense of final decision-making is normal will be constructed. 382 00:41:16,700 --> 00:41:18,140 Thanks very much, Mohammed. 383 00:41:18,140 --> 00:41:27,200 The issue of delegation here, because it seems to this endless everyone is a delegate and the sovereign cannot be manifested. 384 00:41:27,200 --> 00:41:35,070 So anyway, turning to you, Lina, and then I noticed we have questions in the chat as well, and I'm sure Osama has some. 385 00:41:35,070 --> 00:41:41,370 Yeah. Special thanks, I think that you picked up exactly on what I was thinking is where the overlap is between our two presentations, 386 00:41:41,370 --> 00:41:47,340 which is this understanding of the pre-modern context is being one in which authority 387 00:41:47,340 --> 00:41:52,500 or if you want to call it sovereignty is more horizontal and but also more shifting. 388 00:41:52,500 --> 00:41:59,760 And so it's not a simple, linear vertical relationship between the sovereign and the states bureaucratic 389 00:41:59,760 --> 00:42:07,740 apparatus that people would understand in the modern nation state framework. So I agree totally with them Hamlet's presentation on those points. 390 00:42:07,740 --> 00:42:13,590 You didn't talk that much about liberal things today, so actually there wasn't a lot to disagree. 391 00:42:13,590 --> 00:42:19,800 You didn't bring up Rawls for the first time in a long time. So so far, we've been great. 392 00:42:19,800 --> 00:42:22,790 But on the second question, the citizenship issue. 393 00:42:22,790 --> 00:42:29,160 So the parts of the things I discussed about citizenship is based on this article that I published a few years ago on taxing citizens. 394 00:42:29,160 --> 00:42:33,390 And really, the first criterion is political status. It's not wealth. 395 00:42:33,390 --> 00:42:40,290 Wealth only come. So I wouldn't use the concept of property and all of the modern concepts related to it because 396 00:42:40,290 --> 00:42:46,350 property is only secondary to the issue as to whether or not you're liable to pay the tax. 397 00:42:46,350 --> 00:42:54,060 And so the liability to pay the tax is a place where you can see how the jurors are and I believe, constructing political membership. 398 00:42:54,060 --> 00:43:03,120 And the reason why this is significant is because it really changes the framework for how we understand non-Muslims in the Islamic Empire. 399 00:43:03,120 --> 00:43:07,410 So it's not only about what it tells us about political belonging of Muslims, 400 00:43:07,410 --> 00:43:11,820 but also what it says about the semi citizens, these non-Muslims and what their status is. 401 00:43:11,820 --> 00:43:17,010 And the moment you stop sort of projecting these religious ideas that come from 402 00:43:17,010 --> 00:43:22,170 modern secular notions and then rethink governance in terms of citizenship status, 403 00:43:22,170 --> 00:43:29,250 then everything looks very different. But it also looks more historically contextual, which is the point of the Roman citizenship comparison, 404 00:43:29,250 --> 00:43:33,720 because the poll tax is, as we know, was very common in the Roman Empire. 405 00:43:33,720 --> 00:43:43,890 So it's not as if any of these policies that we see in the Islamic Empire vis-a-vis defining citizenship were somehow unique to the Islamic Empire. 406 00:43:43,890 --> 00:43:48,880 And so that's why I emphasise thanks for the question. 407 00:43:48,880 --> 00:43:57,070 Thanks very much, Osama. So I'm tempted to let the attendees go first, if that's all right. 408 00:43:57,070 --> 00:44:03,130 I mean, I know that Ahmadinejad put his hand up Latika, and then we had to question, So, so shall we? 409 00:44:03,130 --> 00:44:09,080 I don't know which one came first. Ahmed Silex hand was up earlier, and so I met. 410 00:44:09,080 --> 00:44:15,540 If you want to make yourself visible and ask your question and I'll allow you to talk. 411 00:44:15,540 --> 00:44:21,870 Hi, first, I would like to say thank you both, because it was wonderful programme event. 412 00:44:21,870 --> 00:44:25,140 My name is Ahmet Gennych. I do jet skis in roasty, 413 00:44:25,140 --> 00:44:36,660 intelligent apartment and I work on my dissertation currently on actually the title of my title of my dissertation is traces of sovereignty, 414 00:44:36,660 --> 00:44:41,430 multiple multiple political layers of Islamic political thought. 415 00:44:41,430 --> 00:44:51,770 Particularly, I focus on Al-Marayati al-Husseini and part of my question I have two questions actually one to Mohamed father, the other, as you know. 416 00:44:51,770 --> 00:44:56,310 And my first question is that based on your presentation, 417 00:44:56,310 --> 00:45:10,680 what I understood is that actually the sovereign power of any kind of ruler is grounded on the law, the Shariah and these Shariah. 418 00:45:10,680 --> 00:45:12,930 When I look at my work and wani, 419 00:45:12,930 --> 00:45:24,180 especially when it's very clear when he says that Islamic polity and Islamic community is possible and can survive when even there is no ruler, 420 00:45:24,180 --> 00:45:29,850 there is no government, when even there is no Khalifa or emir or rally. 421 00:45:29,850 --> 00:45:31,200 So Khomeini can survive. 422 00:45:31,200 --> 00:45:38,640 And he said that the mujahideen, then the mufti and the scholars should take care of the rulership leadership in the community. 423 00:45:38,640 --> 00:45:48,780 So from here and from what you have said, what I understand is that the foundation of Islamic political thought is the common ground. 424 00:45:48,780 --> 00:45:57,090 Well, let's say epistemic and moral ground accepted and embraced by the community in another world. 425 00:45:57,090 --> 00:46:02,000 It is the will and the consent of the community. 426 00:46:02,000 --> 00:46:14,010 And their agreement on certain epistemic way of looking at the world is the foundation of Islamic political thought and Islamic sovereignty. 427 00:46:14,010 --> 00:46:17,090 Would you agree with that or what we think about that? 428 00:46:17,090 --> 00:46:24,170 Would you like me to go to the second can be quite concise with Nina's question just so that everyone gets a chance. 429 00:46:24,170 --> 00:46:32,000 Yeah, sure. Just from afar, the what I read is that actually unlike secular politics, 430 00:46:32,000 --> 00:46:41,750 especially as you emphasise the church versus state in Islamic tradition, religion which is metaphysical until logical assumptions. 431 00:46:41,750 --> 00:46:50,570 Religion is a kind of mediator between politics, power and community and people. 432 00:46:50,570 --> 00:46:57,890 So it's quite not opposite, but so different than the European historical experience. 433 00:46:57,890 --> 00:47:06,890 Would you agree with this role of religion, like mediation between politics and political elites and people and community? 434 00:47:06,890 --> 00:47:10,200 Thank you so much. Thank you very much for your question. 435 00:47:10,200 --> 00:47:15,570 I'll go ahead just because he's directed his question first to me, so I thank you for your question. 436 00:47:15,570 --> 00:47:23,730 I think what you said I largely agree with, I'm going to point out that a friend of mine, my daughter Majid, 437 00:47:23,730 --> 00:47:29,370 wrote a very and just published a very interesting paper about uranium in the European Journal of Political Philosophy, 438 00:47:29,370 --> 00:47:34,920 I believe, which talks about uranium and the exception in Islamic political thought. 439 00:47:34,920 --> 00:47:40,480 And I think he uses the concept of the common sense sovereign as sort of arguing 440 00:47:40,480 --> 00:47:48,060 his ultimate account for how Islam survives in the absence of an organised state. 441 00:47:48,060 --> 00:47:55,650 That there's this idea of the sovereignty of the average person to understand the basic 442 00:47:55,650 --> 00:48:01,560 requirements of all of the law and that it can survive through that common sense sovereign. 443 00:48:01,560 --> 00:48:04,770 Now, I think this is actually a really important theme. 444 00:48:04,770 --> 00:48:14,190 It's something I, you know, I've talked about in other occasions that you see in Khazali, although bizarrely, you know, he he's very protean himself. 445 00:48:14,190 --> 00:48:21,570 But in this argument that he makes in the context of defending the [INAUDIBLE] against the claims of the Israelis, 446 00:48:21,570 --> 00:48:32,080 he he resorts to this idea of a common sense law firm saying that, you know, the Israelis claim you need to have this impeccable imam. 447 00:48:32,080 --> 00:48:37,870 In order to live a life pleasing to God and go, Karzai says, no, you don't. 448 00:48:37,870 --> 00:48:45,250 All you need is to have, you know, a basic sense of moral uprightness, not perfection. 449 00:48:45,250 --> 00:48:49,510 And then you can study the law and live reasonably by it. 450 00:48:49,510 --> 00:48:57,020 You don't need an impeccable imam. You just sort of need sort of kind of what I call tongue in cheek, adequate amount of virtue. 451 00:48:57,020 --> 00:49:01,600 You don't need to have a sort of a perfect or superhero super heroic amount of virtue. 452 00:49:01,600 --> 00:49:08,590 Adequate virtue is more than enough and adequate virtue is present amongst any sort of normal community of human beings. 453 00:49:08,590 --> 00:49:15,250 And so that has its own assumptions about human nature and about God and about what God demands of people. 454 00:49:15,250 --> 00:49:25,060 And, you know, just to rock back, go back to my presentation. It's interesting that when Malik talks about the legitimacy of decisions of arbitrators, 455 00:49:25,060 --> 00:49:30,850 rulers or whatever, he doesn't talk about them being correct in their decisions. 456 00:49:30,850 --> 00:49:35,320 All he says is that their decision should not be manifestly unjust. 457 00:49:35,320 --> 00:49:44,650 So it's the same kind of idea. You know, again, tongue in cheek, I talk about Sunni political thought as a republic of adequate virtue. 458 00:49:44,650 --> 00:49:49,390 That's sort of the the desert gerada adequate virtue, not anything more, 459 00:49:49,390 --> 00:49:59,200 but the belief that human beings are capable of achieving that level on their own, essentially in a post-traumatic world. 460 00:49:59,200 --> 00:50:04,600 This reminds me of Patricia Khronos remark about cynicism, about being, you know, 461 00:50:04,600 --> 00:50:12,250 let's just let's just do the best that we can kind of being the ethos of Sunni political thought, honest. 462 00:50:12,250 --> 00:50:17,560 But I wanted to hand over to Lina, you had a question directed towards you. 463 00:50:17,560 --> 00:50:22,930 You have question directed towards you in the Q&A, so please feel free to we'll get to that in just a moment as well. 464 00:50:22,930 --> 00:50:30,610 OK, so thanks Ahmed, for your for your question. I wouldn't use the word religion to describe anything in pre-modern Islam. 465 00:50:30,610 --> 00:50:41,200 I use the word tradition. So did Muslims, in the pre-modern context, think that the tradition was a way of mediating between community and politics? 466 00:50:41,200 --> 00:50:48,850 Yes, absolutely. I don't think that that's a stretch of the imagination so that it's an easy answer, basically. 467 00:50:48,850 --> 00:50:52,780 Do you want me to answer the next question? You mean Alex Hanley's question? 468 00:50:52,780 --> 00:50:59,710 Okay, so and I also wanted to point out, I mean, a number of your interlocutors for both of you are in the call or the people. 469 00:50:59,710 --> 00:51:03,160 I mean, in the sense of even Noujaim has mentioned some, 470 00:51:03,160 --> 00:51:10,780 you use the question of religion that comes up with Alex is also something that Russia and best he's talked about. 471 00:51:10,780 --> 00:51:15,940 He's in the Andrew much here, obviously sort of for sovereignty and in the modern period. 472 00:51:15,940 --> 00:51:17,710 So I think there's. 473 00:51:17,710 --> 00:51:26,630 I just want to welcome our colleagues and say that if you'd like to interject as well, I'm sure Lina and Mohammed will be more than happy here. 474 00:51:26,630 --> 00:51:30,730 Lina, do you want me to read the question just so that you can respond to it? 475 00:51:30,730 --> 00:51:34,570 Or would you like to read it? Well, I can read it. Please do so. 476 00:51:34,570 --> 00:51:39,790 If religion is a problematic category for pre-modern history because it is a modern secular invention, what about politics? 477 00:51:39,790 --> 00:51:43,030 Do you think there may be problems with talking about Islamic politics? So. 478 00:51:43,030 --> 00:51:50,380 Timothy Fitzgerald very famously has written about this issue, and he rejects the category of politics for these reasons. 479 00:51:50,380 --> 00:51:56,920 This is why, though I disagree with him about this, and this is why I gave a definition of politics as being matters of governance. 480 00:51:56,920 --> 00:52:01,510 So I gave you a trans historical, trans cultural definition of politics, 481 00:52:01,510 --> 00:52:08,290 not an essentialist one, but one that is that functions basically across time and place. 482 00:52:08,290 --> 00:52:12,220 And I made a distinction between secular politics and politics. 483 00:52:12,220 --> 00:52:21,850 Ridloff and what I said very specifically, is that it's secular politics that distorts understandings of pre-modern Islamic political thought. 484 00:52:21,850 --> 00:52:26,470 So I don't have a problem with the category of politics itself. 485 00:52:26,470 --> 00:52:34,150 Can I, if facially allow me to as well if I can just sort of pick up on the point that you've just made, Lina? 486 00:52:34,150 --> 00:52:41,200 I mean, do you have any thoughts on using categories that are indigenous to a tradition like Dean and saying 487 00:52:41,200 --> 00:52:47,560 that this is close enough to influence our understanding of how we should conceptualise religion? 488 00:52:47,560 --> 00:52:54,430 Kind of what Russian Embassy has done in his work as something akin to what I'm trying to do in Detroit as well. 489 00:52:54,430 --> 00:53:00,640 My article, decolonial translation, explains why that translation of Dean as religion is wrong, 490 00:53:00,640 --> 00:53:06,490 and it didn't begin until the modern era, and the usage of the word was understood to mean tradition or law. 491 00:53:06,490 --> 00:53:11,530 We can see this in translations of the Koran into Latin, into other European languages. 492 00:53:11,530 --> 00:53:15,280 In the middle people era was the word religion was not used. 493 00:53:15,280 --> 00:53:22,660 More importantly, the word religion. The concept of religion is a modern concept, and it's defined by secular ideology, which is a modern concept. 494 00:53:22,660 --> 00:53:29,470 So I've explained this in many articles, so I don't really want to go into this issue again. 495 00:53:29,470 --> 00:53:33,790 It's important for us to differentiate between concepts that are trans, 496 00:53:33,790 --> 00:53:39,160 historical and trans cultural and concepts that are actually modern and Eurocentric. 497 00:53:39,160 --> 00:53:45,010 And for me, having studied the history of secularism and the genealogy of religion, 498 00:53:45,010 --> 00:53:52,810 I find it difficult to believe that anyone would take the word religion and think that that can somehow be trans, historical and trans cultural. 499 00:53:52,810 --> 00:54:00,490 When there is an enormous amount of scholarship by very good scholars showing that the word religion, the concept of religion, not the word, 500 00:54:00,490 --> 00:54:05,830 because there's a difference between terms and concepts, but that the concept of religion can somehow be found in pre-modern texts. 501 00:54:05,830 --> 00:54:09,620 It cannot. But that's really not the point of today's discussion. 502 00:54:09,620 --> 00:54:17,030 So I would just say read my decolonial translation article in my blog post on Europe centrism of secularism. 503 00:54:17,030 --> 00:54:23,310 Can I just is I'm just going to gently disagree with with Lina, and I don't want I don't want this to go off the rails about this. 504 00:54:23,310 --> 00:54:27,500 I don't know, but this is where we disagree. Look, I know we disagree with the female artist, 505 00:54:27,500 --> 00:54:32,060 but I'm just going to just throw this out there for just for the benefit of others since this came up. 506 00:54:32,060 --> 00:54:39,230 I think Jeffrey Stout has a very interesting series of lectures that he gave at a British university. 507 00:54:39,230 --> 00:54:43,830 I think the Gifford lectures on natural religion. 508 00:54:43,830 --> 00:54:51,080 This a series of lectures on natural religion where he certainly gives an alternative genealogy of the term religion, 509 00:54:51,080 --> 00:54:55,430 and he makes a distinction between religion and faith. 510 00:54:55,430 --> 00:55:02,240 And he identifies the idea of faith as being born in in that sort of. 511 00:55:02,240 --> 00:55:09,620 As being a particularly Protestant Reformation idea, which he says is a very distinct idea from religion. 512 00:55:09,620 --> 00:55:19,440 And he says religion, you find could go back to. Roman authors like Cicero, and that religion is just considered a virtue that, you know, 513 00:55:19,440 --> 00:55:28,650 and even mediaeval writers prior to the Reformation recognised religion as a kind of civic virtue that is not particular to creed. 514 00:55:28,650 --> 00:55:33,780 Right? It's the Protestant Reformation that introduces this new idea of faith, 515 00:55:33,780 --> 00:55:41,550 which is sort of irrationally tied to conscious that has sort of the radical transformation of these things. 516 00:55:41,550 --> 00:55:45,510 Now I want one one final point in the Islamic context because, you know, 517 00:55:45,510 --> 00:55:56,220 I read I read Lena's essay very carefully to Hamdi and his definition of it in his encyclopaedia a it's allowed to follow in his definition of Dean. 518 00:55:56,220 --> 00:56:03,420 One of the definitions he mentioned is it. So it's not just it's not just law, it's not just practise. 519 00:56:03,420 --> 00:56:06,960 It's also subjective beliefs. But I don't want to go into all of this. 520 00:56:06,960 --> 00:56:12,660 I never denied that. But that's not the point. The point is whether you can divide those into separate categories. 521 00:56:12,660 --> 00:56:18,690 And it's the division that is modern and Eurocentric and a result of secularism didn't exist. 522 00:56:18,690 --> 00:56:24,480 A secular ideology. Any case, I don't want to get to that. 523 00:56:24,480 --> 00:56:30,390 Well, before you sort of moot, I'm going to direct the next question at you. 524 00:56:30,390 --> 00:56:34,090 Okay. I come back to my own questions for both of you. 525 00:56:34,090 --> 00:56:40,680 And if you have further questions, please feel free to jump in. So anonymous attendee in this case, same professor father mentioned. 526 00:56:40,680 --> 00:56:47,850 I mentioned how pre-modern governance was suffering because of its ability to establish rule of law as opposed to vice versa. 527 00:56:47,850 --> 00:56:51,600 Does he likened that to modern the modern state in that regard? 528 00:56:51,600 --> 00:56:57,870 Postcolonial scholarship argues that the modern state typically establishes sovereignty by a monopoly of violence. 529 00:56:57,870 --> 00:57:02,310 How is that contrasted or likened to pre-modern Islamic governance? 530 00:57:02,310 --> 00:57:11,040 Well, you know, if you look at somebody like Mousavi and his description of the incidents to the contract of the caliphate, 531 00:57:11,040 --> 00:57:20,470 he notes that having a monopoly over coercion more or less is a is a necessary incident of the contract. 532 00:57:20,470 --> 00:57:22,650 Now, he doesn't use that phrase. 533 00:57:22,650 --> 00:57:35,250 What he says is that in contracting the caliphate, we agree to divest ourselves of the ability of enforcing the law, right? 534 00:57:35,250 --> 00:57:42,660 And so there is a distinct crime in Islamic law called IFTTT. Which more or less can be translated as vigilantism? 535 00:57:42,660 --> 00:57:47,820 Right? So again, but it's complicated because in some cases, 536 00:57:47,820 --> 00:57:54,750 jurist permits permit self-help if it can be done without a risk of violence where there is a 537 00:57:54,750 --> 00:58:00,270 risk of violence and it's forbidden and it can be punished even if it's substantively correct. 538 00:58:00,270 --> 00:58:05,040 So if you look at chapters on retaliation, the source, 539 00:58:05,040 --> 00:58:11,460 at least the molecules are quite clear that you might have a lawful entitlement to exact vengeance on someone, 540 00:58:11,460 --> 00:58:15,930 but you can't do it until the person is actually convicted and you get permission of the ruler. 541 00:58:15,930 --> 00:58:18,480 Otherwise, you've committed a crime. 542 00:58:18,480 --> 00:58:29,660 So there is this idea that the state has a particular claim to rightful use of coercion and that that's a necessary incident of sovereignty. 543 00:58:29,660 --> 00:58:34,520 But that's not the whole of it, right? Because it's got to be used in a lawful way. 544 00:58:34,520 --> 00:58:43,220 Right. And I mean, this would seem to make a fair amount of sense within the the logic of any kind of political enterprise or 545 00:58:43,220 --> 00:58:51,770 state enterprise that you if once you sort of like distribute those final decision making opportunities, 546 00:58:51,770 --> 00:58:57,590 you've distributed sovereignty to an extent that may begin to divide the identity of the state to a set? 547 00:58:57,590 --> 00:58:59,420 I don't know if you would agree with that, 548 00:58:59,420 --> 00:59:09,050 but it would seem that what we talk about is the monopoly of violence is something that is very much detectable within an Islamic law. 549 00:59:09,050 --> 00:59:12,950 Well, I think what I would say in terms of dividing the and the identity of the state. 550 00:59:12,950 --> 00:59:18,080 I think the whole point of Gadhafi's book is to show why that's not the case, 551 00:59:18,080 --> 00:59:25,820 because when people are actually exercising genuine sovereign authority, that means everybody else has to recognise it, right? 552 00:59:25,820 --> 00:59:29,570 And so when and this is at the highest level on the lowest level. 553 00:59:29,570 --> 00:59:38,540 So when the tax collector collects taxes and that decision is viewed as a valid exercise of sovereign power, 554 00:59:38,540 --> 00:59:43,940 then everybody else in the community has to recognise it and can't contested on the ground. 555 00:59:43,940 --> 00:59:48,290 Well, I disagree with your interpretation of tax law, for example, right? 556 00:59:48,290 --> 00:59:55,460 And so despite the fact that sovereignty is distributed because it is sovereign. 557 00:59:55,460 --> 00:59:59,750 There's unity and universal recognition. At least according to Gadhafi. 558 00:59:59,750 --> 01:00:07,310 That's the whole point of of of of giving it the legal authority of sovereignty because now everybody's compelled to recognise it as final. 559 01:00:07,310 --> 01:00:11,540 Even if you disagree with it, that's what it means to have a sovereign authority. 560 01:00:11,540 --> 01:00:17,190 Your decision is recognised as valid and binding on everybody else. Thank you. 561 01:00:17,190 --> 01:00:20,830 So, first of all, if you would like to ask anything, please feel free. Yeah, no. 562 01:00:20,830 --> 01:00:23,700 I, you know, I was just reminded of some of, you know, 563 01:00:23,700 --> 01:00:35,610 a previous seminar in which leading you are very right made the argument that sovereignty was impersonal in pre-modern Islam, 564 01:00:35,610 --> 01:00:39,060 which seems to align with what Muhammad has said. But. Right. 565 01:00:39,060 --> 01:00:51,260 She also went further. You will recall to suggest that which I thought was very interesting, that one of the implications of this in personality. 566 01:00:51,260 --> 01:00:58,640 Had to do with the fact that even the offices. That can be variously sovereign and mammoth, as mentioned, 567 01:00:58,640 --> 01:01:07,700 the war may not be able to encompass the idea of it so that it is always possible for any individual 568 01:01:07,700 --> 01:01:18,800 to lay claim to a sovereign act in the absence of the bulk of the action of the authorities concerned. 569 01:01:18,800 --> 01:01:27,710 And so I wanted to ask both Mohammed and Lina actually what room they see existing for. 570 01:01:27,710 --> 01:01:29,600 We don't have to use the term sovereignty. 571 01:01:29,600 --> 01:01:43,550 We can use authority political authority outside the designated offices of the Imam Wali, etc. Caliph Sultan. 572 01:01:43,550 --> 01:01:52,670 And this brings me back to my early, somewhat in jest in a way suggested of an anarchistic mode of politics. 573 01:01:52,670 --> 01:02:04,450 It has to it is impossible to think about legitimate but not necessarily legal forms of either sovereignty or authority in this pre-modern world. 574 01:02:04,450 --> 01:02:12,250 Go ahead. Mm hmm. You know, I think this is what actually makes this psychological thought very modern. 575 01:02:12,250 --> 01:02:16,960 So Martin Loughlin in England, I can remember, I think he's in King's College London. 576 01:02:16,960 --> 01:02:19,750 He's a political theorist through constitutional affairs. 577 01:02:19,750 --> 01:02:25,150 He points out that it's an essential attribute of modern sovereignty, that it's always contestable. 578 01:02:25,150 --> 01:02:29,680 That's what makes it modern because it's based on a principle of legitimacy that is always contestable. 579 01:02:29,680 --> 01:02:41,860 And that is what gives Sunni political theory credible and stability because it's always possible to challenge it as being unlawfully exercised. 580 01:02:41,860 --> 01:02:44,740 So a jurist that you know, I've read a lot. 581 01:02:44,740 --> 01:02:51,790 When I was studying Maliki fifth in 18th century, Maliki named the last year who was a very prominent Sufi. 582 01:02:51,790 --> 01:02:57,370 He is extremely anti Ottoman. I mean, it's kind of shocking how anti ottoman he is. 583 01:02:57,370 --> 01:03:03,970 He he certainly in many of his many passages in his work, he says, you know, 584 01:03:03,970 --> 01:03:10,180 these are the rules that apply if there is a vacuum shuddering, but there isn't a hackneyed sharia in Iraq and Egypt. 585 01:03:10,180 --> 01:03:15,640 Right. And so this sort devolves. So this is the rule that applies, right? 586 01:03:15,640 --> 01:03:28,050 And so, yeah, I think. The other commentator is absolutely right that there is always this potential for someone to claim sovereignty because, 587 01:03:28,050 --> 01:03:32,880 as I said, the sovereign is immaterial. It's the Muslim community. That's an idea. 588 01:03:32,880 --> 01:03:36,600 It's not embodied in any person. No person can claim to embody it. 589 01:03:36,600 --> 01:03:40,320 Now, one thing that I would just want to clear clarify this is only one tradition. 590 01:03:40,320 --> 01:03:47,640 This is the juridical tradition. The juridical tradition is impersonal, but at the same time, particularly after the Mongol invasion, 591 01:03:47,640 --> 01:03:55,870 you have a completely different ideas of political legitimacy that are coming from Central Asia that are very personalised. 592 01:03:55,870 --> 01:04:07,250 Right. And I think the Ottomans have a lot of sort of schizophrenia, and they're the tactics of modern legitimation they employ, right? 593 01:04:07,250 --> 01:04:11,870 So Hussein Yilmaz, who's in the audience, was one of our speakers who, you know, 594 01:04:11,870 --> 01:04:17,690 spoke precisely to this, you know, the Ottoman claiming of the caliphate and what it entailed. 595 01:04:17,690 --> 01:04:28,730 But Lina? Yeah. So I think we do agree that political authority was something that was the object of competition interaction overlap, 596 01:04:28,730 --> 01:04:36,950 that there were multiple groups, not only jurists, but other types of scholars who were competing for four forms of political authority. 597 01:04:36,950 --> 01:04:42,470 I wouldn't. I mean, I always get uncomfortable when I hear centralisation. 598 01:04:42,470 --> 01:04:49,280 So the claim that somehow modern sovereignty is contestable as if pre-modern sovereignty was not would for me be 599 01:04:49,280 --> 01:04:56,120 problematic because I think that what we should always do is look comparatively and contextually and historically. 600 01:04:56,120 --> 01:05:02,950 And so nothing that I've said today about the Islamic tradition is specific really to the Islamic tradition. 601 01:05:02,950 --> 01:05:07,310 I mean, there are analogies or comparisons I can make to the Jewish tradition. 602 01:05:07,310 --> 01:05:10,610 There are things that I could say that are similar about other traditions. 603 01:05:10,610 --> 01:05:16,310 And the key issue is the ways in which the isolation of the Islamic tradition as the 604 01:05:16,310 --> 01:05:22,160 contemporary liberal antithesis then imparts the narrative in a particular way. 605 01:05:22,160 --> 01:05:27,950 So part of what I was pushing back against when I made the comments about the church versus state and allotment 606 01:05:27,950 --> 01:05:35,540 of the narrative is that the role map the scholars have become like this kind of cemented church configuration, 607 01:05:35,540 --> 01:05:39,020 and we hear it also with the ways in which we constantly hear the great men there, 608 01:05:39,020 --> 01:05:43,220 like the popes, like we hear the names of these great male scholars constantly. 609 01:05:43,220 --> 01:05:47,990 And actually, the picture in the pre-modern context is far more diffusive. 610 01:05:47,990 --> 01:05:50,750 There's a lot more people competing, 611 01:05:50,750 --> 01:05:58,490 and it isn't the case that it's now where the origin or others who are defining what political thought is for the entire society. 612 01:05:58,490 --> 01:06:02,300 There's actually all of these jurists and all of these low level bureaucrats and all of these 613 01:06:02,300 --> 01:06:07,040 other people who are participating in this process and they have certain claims and the killings, 614 01:06:07,040 --> 01:06:12,140 of course, and they have certain claims of political authority that have to be recognised, I think. 615 01:06:12,140 --> 01:06:19,520 If I can sort of briefly ask Lina yourself a question, but it ties in with something that wants, says Mohammed as well. 616 01:06:19,520 --> 01:06:24,020 And to a certain extent, it ties in with, you know, the work of another of our colleagues. 617 01:06:24,020 --> 01:06:29,960 Andrew marches on the sort of Zoom call, which is that you have, you know, 618 01:06:29,960 --> 01:06:37,640 also the way in which contemporary Muslim to draw on that tradition in order to legitimise certain types of practises. 619 01:06:37,640 --> 01:06:44,630 So. And this is where I struggle a little with sort of a critical theoretical approach or whether it's, 620 01:06:44,630 --> 01:06:47,390 you know, deconstruction or structural ism and so on, 621 01:06:47,390 --> 01:06:56,720 which is extremely useful for poking holes in the sort of like hegemonic narratives or mass narratives that we we are used to hearing and which I, 622 01:06:56,720 --> 01:07:02,480 I, I appreciate, you know, your sort of desire to really take the sledgehammer to whenever possible. 623 01:07:02,480 --> 01:07:12,710 But when it comes to the question of constructing an alternative to in the Middle East, for example, the context where there's, you know, 624 01:07:12,710 --> 01:07:20,450 authoritarian rulers who draw on the Islamic tradition, also to construct their own sort of stories of legitimacy, 625 01:07:20,450 --> 01:07:23,810 what sort of constructive stories are possible to like? 626 01:07:23,810 --> 01:07:34,070 What is your thoughts on the way in which someone like Andrew much provides this great man history narrative and admittedly of the rise? 627 01:07:34,070 --> 01:07:37,820 And you know, this is a question to Mohammad as well. 628 01:07:37,820 --> 01:07:48,380 The invention, as Andrew puts it, of sovereignty, a sovereignty of the people as a modern idea, then legitimate democratic sort of practise, 629 01:07:48,380 --> 01:07:56,600 which many of us would think is very important actually in the sort of in the Muslim world considering certain circumstances. 630 01:07:56,600 --> 01:08:03,650 Although, I mean, taking into consideration the problems that are endemic to democracy as practised in the West, 631 01:08:03,650 --> 01:08:09,050 which, you know, someone say colourfully describes as Western plutocracy rather than Western democracy. 632 01:08:09,050 --> 01:08:10,640 Bearing that in mind, 633 01:08:10,640 --> 01:08:17,300 what sort of constructive projects are possible and what do you think of this kind of narrative of the creation of a sovereignty of the people? 634 01:08:17,300 --> 01:08:23,780 Is that something I actually hear resonances of in what Mohamed, you've said today? 635 01:08:23,780 --> 01:08:27,800 OK, so first, I have to make a comment as a critical theorist, 636 01:08:27,800 --> 01:08:37,520 that this kind of critique of critique is being only deconstructive is problematic when it's not actually based on specific examples. 637 01:08:37,520 --> 01:08:42,110 So all of my work is both deconstructed and reconstructive. 638 01:08:42,110 --> 01:08:47,630 The odd number of chapters of my book are deconstructed. The even number of chapters are reconstructed. 639 01:08:47,630 --> 01:08:54,110 When I talked about the charity taxation, I gave you a deconstructive perspective on this category religion. 640 01:08:54,110 --> 01:09:02,630 And I reconstructed the category of citizenship. When I talked about the macro history, I gave you a reconstructed macro history first, 641 01:09:02,630 --> 01:09:07,130 and then I deconstructed and told you that the church versus state narrative was problematic. 642 01:09:07,130 --> 01:09:13,850 So to begin with, I have to say I think that what happens a lot with audiences and a lot of readers, especially Islamic studies, 643 01:09:13,850 --> 01:09:21,860 is that they become so uncomfortable by the deconstructed aspects that they become blind to all of the reconstruction I'm doing. 644 01:09:21,860 --> 01:09:26,330 And so first, it's there's always reconstruction. That's part of it. 645 01:09:26,330 --> 01:09:35,810 So it is there. And I on the specific issue of how you do the reconstruction when you're talking about modern political thought or modern, 646 01:09:35,810 --> 01:09:41,780 in my case, legal thought, I've done that very explicitly in my article comparing Islamic international laws of war. 647 01:09:41,780 --> 01:09:49,700 I mentioned that in the end when I talked about the category of secular Islamization. So I think that there are very clear ways of articulating, 648 01:09:49,700 --> 01:09:56,450 but the kind of modern dynamics that you're talking about with the articulation of those modern dynamics has to be based, 649 01:09:56,450 --> 01:09:59,960 from my perspective, on analytically rigorous concepts. 650 01:09:59,960 --> 01:10:06,650 And so what I see in the scholarship on moderate Islamist politics is a lot of decentralisation, 651 01:10:06,650 --> 01:10:15,890 a lot of conflation of orthodoxy with the Islamic tradition, a lot of inability to differentiate different concepts and categories. 652 01:10:15,890 --> 01:10:24,980 So when contemporary actors draw upon the tradition, as I said in my talk, they are making interpretations of that history. 653 01:10:24,980 --> 01:10:29,510 They're not necessarily narrating to you historical facts. There's a difference between what we, 654 01:10:29,510 --> 01:10:37,490 as scholars do and what historical actors or historical agents claim they are doing or contemporary actors or agents are doing. 655 01:10:37,490 --> 01:10:41,870 But we have to be critical in our assessment of what they claim to be doing. 656 01:10:41,870 --> 01:10:50,180 So I don't want to I don't know Andrew's work on the invention of sovereignty of people well enough to offer a critique, 657 01:10:50,180 --> 01:11:00,980 but I don't have any specific comments on that. All I'm saying is that for me, what I see over and over again is scholars of modern Islamic politics, 658 01:11:00,980 --> 01:11:06,560 basing themselves on the shaky foundations of misunderstandings of pre-modern Islamic political thought. 659 01:11:06,560 --> 01:11:13,130 And so what I pointed out is certain ways in which they make presumptions about a church state controversy. 660 01:11:13,130 --> 01:11:17,300 They make presumptions about the applicability of the category of religion 661 01:11:17,300 --> 01:11:23,580 that then has implications for how they're assessing modern Islamic thought. Thank you. 662 01:11:23,580 --> 01:11:31,450 First of all, I think all acts of construction. Are Intel creative destruction? 663 01:11:31,450 --> 01:11:39,440 Yes. And you don't even need to be a modern Muslim to see that, and if you look at the work of a 5th century jurist, 664 01:11:39,440 --> 01:11:44,330 the way they read their forebears from three centuries earlier. 665 01:11:44,330 --> 01:11:48,980 I would describe it as acts of creative destruction, right in the Schopenhauer instance, right? 666 01:11:48,980 --> 01:11:53,300 You're you're transforming your material as you're as you're reproducing it. 667 01:11:53,300 --> 01:12:03,200 So I don't worry so much about whether modern thinkers are distorting some kind of historical past. 668 01:12:03,200 --> 01:12:10,400 I mean, I think that's inevitable in in what constructive work is all about, right? 669 01:12:10,400 --> 01:12:21,790 Because you're always speaking to your own moment. And the question is, are you using as know from for the constructive perspective, are you? 670 01:12:21,790 --> 01:12:26,780 Are you working creatively with your materials? Is it something that looks like? 671 01:12:26,780 --> 01:12:30,800 Is it going to be something that at the end of the day, people are going to look and say, 672 01:12:30,800 --> 01:12:35,810 Wow, this is this is a beautiful work of theory, for example, talking about theories. 673 01:12:35,810 --> 01:12:40,850 Or is it like a Frankenstein or is just put together? 674 01:12:40,850 --> 01:12:44,010 You also say think that modern Islamic law was the problem with it? 675 01:12:44,010 --> 01:12:51,270 So it's an aesthetic criticism that it doesn't look like a a well ordered system of law. 676 01:12:51,270 --> 01:12:58,640 That's so there's a kind of repulsion to it for somebody that has a juristic aesthetic, right? 677 01:12:58,640 --> 01:13:04,340 And so a construction is successful when people sort of look at it and see it. 678 01:13:04,340 --> 01:13:09,230 Oh, this is a this is an integrated whole. It seems to work together. 679 01:13:09,230 --> 01:13:14,960 It's not really. It doesn't succeed because it's reflecting accurately the past. 680 01:13:14,960 --> 01:13:24,530 It's succeeding because it transforms the past in a way that the readers find persuasive or the people who engage with it find it persuasive. 681 01:13:24,530 --> 01:13:33,200 Right. And I think that's a that's a, you know, a critical thing for now is that as a Muslim intellectual, it's really important. 682 01:13:33,200 --> 01:13:41,030 I mean, part of being colonised is that you are not entitled to actually engage in re appropriations of your past. 683 01:13:41,030 --> 01:13:45,230 I mean, I'm an American. I'm in a Canadian understated loss school. 684 01:13:45,230 --> 01:13:53,030 My colleagues who do Anglo-American law are perfectly entitled to talk about the common law as you know, 685 01:13:53,030 --> 01:13:59,420 and go back for hundreds of years for finding rule of law, right like the Magna Carta. 686 01:13:59,420 --> 01:14:05,210 I mean, we really believe this myth that our modern liberties come from the Magna Carta five, whatever. 687 01:14:05,210 --> 01:14:12,950 Right? But why is it somehow outrageous when contemporary Muslim thinkers seek to appropriate their own tradition? 688 01:14:12,950 --> 01:14:23,360 Why is that then sort of characterised as the most reactionary project on the planet that must be bombed out of existence? 689 01:14:23,360 --> 01:14:36,870 I mean, literally. Right. And so there is, I think, a real politics to this right that there has to be space for legitimacy, Muslim Constructivism. 690 01:14:36,870 --> 01:14:41,330 Right. I mean, criticise it in the way you would criticise anything else, 691 01:14:41,330 --> 01:14:46,550 but it's just it's just it's kind of crazy when you think about the fact that people 692 01:14:46,550 --> 01:14:54,280 really think you're going to solve terrorism by banning it in this time of year. Seriously, I mean, let's just think about that, right? 693 01:14:54,280 --> 01:14:58,630 I mean, serious people actually believe this. Right. 694 01:14:58,630 --> 01:15:02,680 And so if you re if you take in the time here seriously, you engage with them. 695 01:15:02,680 --> 01:15:09,340 As a Muslim, you are actually taking the risk of being identified as an extremist and a terrorist. 696 01:15:09,340 --> 01:15:17,140 And this is kind of insane. These reflect these sorts of constraints, of course, which we've been working under, 697 01:15:17,140 --> 01:15:22,990 you know, in a very striking way for the last 22 years, 20 plus years. 698 01:15:22,990 --> 01:15:29,290 But in some respects, I mean this, I'm going to use this as an opportunity to highlight that Nina does a lot of work in 699 01:15:29,290 --> 01:15:36,280 decolonial theory that we live in the sort of like shadow of 500 years of colonialism. 700 01:15:36,280 --> 01:15:45,280 And in many respects, everyone here is extremely privileged to have always been a, you know, esteemed, 701 01:15:45,280 --> 01:15:52,070 globally recognised universities, but we're also complicit in that sort of process of colonisation. 702 01:15:52,070 --> 01:15:58,340 I really sort of like I'm heartened by your complaint, Mohammed, that you know, 703 01:15:58,340 --> 01:16:08,040 there needs to be sort of more of a space for thinking about these sorts of things without the security state sort of bearing down upon us. 704 01:16:08,040 --> 01:16:13,650 I had sort of other questions and reflections, but I'm a bit conscious of time, we've got six minutes left. 705 01:16:13,650 --> 01:16:17,940 I did want to ask if anyone has any final questions, please feel free to ask. 706 01:16:17,940 --> 01:16:23,190 I didn't want to hear Gemini's the remainder of the discussion. So really up to you. 707 01:16:23,190 --> 01:16:30,210 What we do next? No, I just think if there are no further questions, I mean, in a way, what do you know? 708 01:16:30,210 --> 01:16:39,770 What's come up in the last few comments is the issue of context and whether it is the great man theory or, 709 01:16:39,770 --> 01:16:46,320 you know, what can contemporary intellectuals actually constructively get from their past? 710 01:16:46,320 --> 01:16:49,110 You know, these questions seem to circle around, if you will. 711 01:16:49,110 --> 01:16:59,520 Quentin Skinner can claim of context being absolutely crucial for thinking about political thought. 712 01:16:59,520 --> 01:17:08,800 And of course, in some ways, this by default renders everything that's non western European even legitimate. 713 01:17:08,800 --> 01:17:17,500 It cannot be described as political thought, because the very often the the intellectual context is fragmented. 714 01:17:17,500 --> 01:17:22,670 People are not reading the same things. There has been a gap. All of those things. 715 01:17:22,670 --> 01:17:26,100 Now, as Mohammed suggests, whether or not actually even Western European political, 716 01:17:26,100 --> 01:17:34,430 what can be understood realistically as being wedded to a context in the way that's going to suggest this is a separate question, 717 01:17:34,430 --> 01:17:43,080 but I wonder whether. Context taken in that sentence might actually prove to be counterproductive. 718 01:17:43,080 --> 01:17:48,760 You know, how might it be possible to think about political pot in a way that is not bounded? 719 01:17:48,760 --> 01:17:57,100 Which is not to say that we don't a historic size or that we don't do what Lena very correctly says we should do, 720 01:17:57,100 --> 01:18:02,740 which is make the distinctions between pre-modern and modern, past and future, 721 01:18:02,740 --> 01:18:09,350 etc. as visible as we possibly can, but rather that even if we are thinking about, say, 722 01:18:09,350 --> 01:18:17,860 either pre-modern or modern intellectual history or political thought without having to translate from one to the other, 723 01:18:17,860 --> 01:18:27,250 the fact that we don't necessarily have a canary and type context of continuous or apparently continuous thinking, 724 01:18:27,250 --> 01:18:30,730 it might pose a problem, but it might actually be an opportunity as well. 725 01:18:30,730 --> 01:18:38,110 And I just wonder sometimes whether some approaches to thinking about great men and they are always men. 726 01:18:38,110 --> 01:18:52,190 Sadly, as you know, voices projecting from a period or a past is in some way a kind of rearguard action of a refit retrofitting context. 727 01:18:52,190 --> 01:19:01,220 In a minimal way around an individual, because it's not so available in a in a more general form anyway. 728 01:19:01,220 --> 01:19:08,240 Just some thoughts lead. I don't know if you have any comment on that. I see there is a question on chat as well. 729 01:19:08,240 --> 01:19:15,530 So there's I take your point completely, which is that there's always a certain amount of danger to contextualisation because where 730 01:19:15,530 --> 01:19:20,420 does the contextualisation end and what contextualisation is included and what's excluded, 731 01:19:20,420 --> 01:19:25,340 right? Because it's actually an act. It's not a passive sort of thing. 732 01:19:25,340 --> 01:19:30,620 It's it's it's constructive in a very clear way when you define what a context is. 733 01:19:30,620 --> 01:19:39,990 But I use contextualisation to mean historicism and in my case, specifically radical historicism as a way of understanding genealogy. 734 01:19:39,990 --> 01:19:45,350 So as I think Faisal and I agree, religion has a colonial genealogy. 735 01:19:45,350 --> 01:19:50,390 We know that the concept of religion was disseminated throughout the world through colonialism, 736 01:19:50,390 --> 01:19:54,380 and so rejecting the category of religion is an anti-colonial move. 737 01:19:54,380 --> 01:20:00,110 This is why decolonial theorists recognise religion like the categories of race, 738 01:20:00,110 --> 01:20:04,840 ethnicity and gender were articulated in colonial contexts in particular ways. 739 01:20:04,840 --> 01:20:09,110 But there is a question in the Q&A that I'm going to try to answer please. 740 01:20:09,110 --> 01:20:11,600 That's OK. We come to the conclusion, Peter. Yeah. 741 01:20:11,600 --> 01:20:19,280 So the question is basically what does that contemporary Western Academy specifically in terms of who works on Islamic legal theory? 742 01:20:19,280 --> 01:20:28,040 What miss when it comes to critical legal critical theory? So I can answer this very simply, which is that scholars who work on Islamic theory, 743 01:20:28,040 --> 01:20:32,480 legal theory or scholars who work on Islamic law basically don't have critical theory training. 744 01:20:32,480 --> 01:20:35,990 So there is no critical theory in the study of Islamic law. 745 01:20:35,990 --> 01:20:39,800 Today, they're there basically isn't anything so missing. 746 01:20:39,800 --> 01:20:46,460 They miss everything. I mean, but that's you know, as you also saw in this discussion, if you're starting from a critical perspective, 747 01:20:46,460 --> 01:20:50,870 then there's going, you're going to reach an impasse very quickly where you don't have a place to agree. 748 01:20:50,870 --> 01:20:59,360 So if, for example, we can't agree that religion is a modern concept in that it's colonial, then the discussion stops at some point. 749 01:20:59,360 --> 01:21:07,880 Thank you. Yeah, that is appropriate a time as any to actually close the discussion with Osama if you do us a favour. 750 01:21:07,880 --> 01:21:17,330 Sure. I really am grateful to both of you for a at times rather spirited discussion and I think all the better for it. 751 01:21:17,330 --> 01:21:22,130 And I look forward to you both sort of joining us in person at some point. 752 01:21:22,130 --> 01:21:25,280 Well, I mean, in the case of, you know, we have the pleasure of having you for a few more years. 753 01:21:25,280 --> 01:21:30,470 And I also wanted to just say that this is the last of this term's seminar series. 754 01:21:30,470 --> 01:21:37,070 We're going to resume with another five seminars next term. These will be advertised, I hope, within the next couple of weeks. 755 01:21:37,070 --> 01:21:38,450 So please keep your eyes open for that. 756 01:21:38,450 --> 01:21:47,090 If anyone is interested in watching the RE recordings, please go to the YouTube channel for the Middle East Centre Oxford. 757 01:21:47,090 --> 01:21:51,950 And if you'd like to be on the mailing list, obviously have a look at the St. Anthony's College website. 758 01:21:51,950 --> 01:21:53,240 The events will be up. 759 01:21:53,240 --> 01:22:01,460 You can register there, but you can also write to to myself, and I will sort of pass your email on if you'd like to be on the mailing list. 760 01:22:01,460 --> 01:22:07,250 But thank you very much and thank you, Faisal, for really sort of bringing this together, suggesting this as an idea. 761 01:22:07,250 --> 01:22:13,280 So is Faisal that he was the evil mastermind behind all of this and very much appreciated. 762 01:22:13,280 --> 01:22:18,140 And thank you, everyone for your attendance and participation. Thank you all. 763 01:22:18,140 --> 01:22:22,340 Very nice to see you, Mohammed Lina and I hope to meet soon. Yes. 764 01:22:22,340 --> 01:22:40,719 Have a great day. Thank you. They kept alive.