1 00:00:05,820 --> 00:00:13,230 To welcome you all to our final session for the term of the Oxford political seminar. 2 00:00:13,230 --> 00:00:21,120 And we're delighted to have two very distinguished speakers from actually both from across the Atlantic. 3 00:00:21,120 --> 00:00:31,980 One of them's been kind enough to drop in Oxford and spend a few years with us, so we have with us Mohamed Fadel and Lena Sollima. 4 00:00:31,980 --> 00:00:37,080 Mohamed will be going first, so I'll briefly introduce him and his lecture. 5 00:00:37,080 --> 00:00:46,700 I'm Osama Azmi. I'm a department lecturer at Synopsys College, and Faisal is really the brains behind this. 6 00:00:46,700 --> 00:00:57,400 We're co-convenor for the political thought seminars facility is professor of history at this college and gives us great pleasure to host you all. 7 00:00:57,400 --> 00:01:07,020 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 00:01:07,020 --> 00:01:15,660 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 00:01:15,660 --> 00:01:23,760 So Mohamed Fadel is a full professor and former Canada researcher for the Law and Economics of Islamic Law, 10 00:01:23,760 --> 00:01:29,670 the University of Toronto's Faculty of Law, where he joined in January 2006. 11 00:01:29,670 --> 00:01:39,420 He has a Ph.D. and his Ph.D. was from the University of Chicago on the legal process in mediaeval Islamic law. 12 00:01:39,420 --> 00:01:46,410 He's also practised as a lawyer in the city of New York and so admitted to the bar in New York, 13 00:01:46,410 --> 00:01:53,250 but has been a prolific author on the law and at the intersection of Islamic law. 14 00:01:53,250 --> 00:02:02,640 Also, of course, as we've discussed Islamic legal procedure, but also, you know, it's your your engagements are quite wide ranging. 15 00:02:02,640 --> 00:02:07,350 See that also political theory and history of political theory. 16 00:02:07,350 --> 00:02:13,410 And today you're here to speak about the protean sovereign of Sunni law. 17 00:02:13,410 --> 00:02:18,390 So we're very much looking forward to that. Mohammed, if I could invite you to speak for 20 minutes. 18 00:02:18,390 --> 00:02:23,340 Thank you. Thank you very much. Sami, thank you very much. My son, it's a great pleasure to be here. 19 00:02:23,340 --> 00:02:31,110 Feisal and I were classmates way back when in Chicago, so it's great to see him, which I could be in person. 20 00:02:31,110 --> 00:02:38,160 Then, of course, I've known forever, so it's wonderful. And just to clarify the record, Lena is a Jerusalemite. 21 00:02:38,160 --> 00:02:43,950 She's not a Native North American, so I just want to make that clear to everybody. 22 00:02:43,950 --> 00:02:51,630 So let me share my screen. Vinas also opposed to identity politics and doesn't believe that that should have been stated. 23 00:02:51,630 --> 00:02:56,910 Let's take that, for the record, very clearly. Yeah. OK, let me see if I can get this right. 24 00:02:56,910 --> 00:03:02,520 OK? The protean sovereign of Sunni law. What sort of a strange title. 25 00:03:02,520 --> 00:03:11,490 But I want I chose it because I wanted to frame what I consider to be really a central feature of the 26 00:03:11,490 --> 00:03:21,630 way Sunni jurists write about the state and sovereignty and the idea of protean captures it because. 27 00:03:21,630 --> 00:03:29,460 It's very difficult to capture sort of the locus of sovereignty in so many constitutional writing. 28 00:03:29,460 --> 00:03:38,910 And I think this is very important idea to grasp not only the the ambiguity in legal writing, 29 00:03:38,910 --> 00:03:48,390 but the reason why there's a principled reason why is very hard to capture it in a in a clear term in Sydney and Sydney law. 30 00:03:48,390 --> 00:03:51,540 So I want to begin by just. 31 00:03:51,540 --> 00:04:02,030 Pointing out what about what that will have us translation of a lot of these alarmists on the air and this is not to pick on her. 32 00:04:02,030 --> 00:04:09,350 But she translates the first chapter, Theakston Imama, as on the appointment of the sovereign, the AMA. 33 00:04:09,350 --> 00:04:19,400 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. 34 00:04:19,400 --> 00:04:29,960 And so we are just going to assume that and we will approach writings on on public offices from that perspective. 35 00:04:29,960 --> 00:04:34,630 Right. And I think this is a very sort of casual. 36 00:04:34,630 --> 00:04:44,230 Analogy between the caliphate and the king and kingship, European kingship, or British kingship, which is completely unjustified. 37 00:04:44,230 --> 00:04:52,060 Once one looks into the details of Islamic law, so as we're probably familiar in the British doctrine, 38 00:04:52,060 --> 00:05:02,250 you have this very sort of strange metaphysical. Theory of the Kings, two bodies and. 39 00:05:02,250 --> 00:05:10,050 I can't I don't know all the details of the the genealogy, the theological genealogy of of this doctrine. 40 00:05:10,050 --> 00:05:17,820 But even as late as the 17th century, it is fundamental to understanding the authority of the British crown, 41 00:05:17,820 --> 00:05:26,460 and it's fundamental to very basic cases of English constitutional law that end up being very important in American constitutional law. 42 00:05:26,460 --> 00:05:38,660 For example, Calvin's case right now in what I want to try to say, in fact, there is not a problem of the caliphs two bodies. 43 00:05:38,660 --> 00:05:43,850 And there's a reason for this, which I'm going to get into, 44 00:05:43,850 --> 00:05:54,830 but the solution just means that we don't have a tangible personalised expression of sovereignty in Sunni jurisprudence. 45 00:05:54,830 --> 00:05:59,600 That's what makes it protean because it shows up all over the place. 46 00:05:59,600 --> 00:06:02,330 Right. That's basically what I want to say. 47 00:06:02,330 --> 00:06:12,620 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 moved out. 48 00:06:12,620 --> 00:06:17,450 When you come across all these different terms, you can come across Khalifa. 49 00:06:17,450 --> 00:06:32,060 Imam Sultan, Pardy, Wiley, Hakim, Amir, etc. And all of these terms are used in connexion with the exercise of what we would call sovereign power. 50 00:06:32,060 --> 00:06:40,610 And what I mean by sovereign power is the power to decide something finally and to give a conclusive resolution to something. 51 00:06:40,610 --> 00:06:48,440 Right? And so Malik and early on and early Lebanese legal authorities use these terms interchangeably willy nilly. 52 00:06:48,440 --> 00:06:55,160 Right. In fact, Khalifa oftentimes is the least political of them. 53 00:06:55,160 --> 00:06:59,120 So if you do a quick search of Khalifa in the model one, 54 00:06:59,120 --> 00:07:05,690 most of the occasions I believe are in prayer, where the prayer leader something happens to him. 55 00:07:05,690 --> 00:07:11,420 He can't complete the prayer cycle. And so he appoints al-Khalifa to complete it. 56 00:07:11,420 --> 00:07:15,980 Right. But nevertheless, 34 definitely has political resonances, but it's not. 57 00:07:15,980 --> 00:07:21,110 It doesn't monopolise any sort of sense an idea of sovereignty. 58 00:07:21,110 --> 00:07:27,530 The the the equivocal terminology or the variable term analogical language used 59 00:07:27,530 --> 00:07:32,810 to describe sovereignty is very nicely reflected in this one very short text, 60 00:07:32,810 --> 00:07:38,600 right, where you get multiple terms for a very simple problem. 61 00:07:38,600 --> 00:07:47,480 Right? So Sanan asks, even though Kassem in the modern one, what's your review regarding the rulings of the governor? 62 00:07:47,480 --> 00:07:52,040 The governor of thought, so he calls them first and well. 63 00:07:52,040 --> 00:07:56,720 Right? And what he's doing is hackable, right? 64 00:07:56,720 --> 00:08:04,370 And then he calls him. Use the law right, which, you know, we might later call the practise a map, right? 65 00:08:04,370 --> 00:08:12,820 The sort of the prayer leader in Pennsylvania. So then he asked, are they valid and effective to the same extent as the decisions of judges in Maliki? 66 00:08:12,820 --> 00:08:17,380 So now we get the term pulled off the plural of cards, right? 67 00:08:17,380 --> 00:08:25,660 And so it will cause him says yes, unless it is manifestly unless his decisions are manifestly unjust, 68 00:08:25,660 --> 00:08:30,640 in which in which case the judge can repeal them. Right. 69 00:08:30,640 --> 00:08:34,500 And on what grounds does it not reach this conclusion again? 70 00:08:34,500 --> 00:08:40,330 There it's it's very interesting for understanding the doctrine of implicit talk of sovereignty here. 71 00:08:40,330 --> 00:08:49,120 He bases on analogy to arbitration. Malik was asked about two men who appointed a third to arbitrate between them, and then he did. 72 00:08:49,120 --> 00:08:57,460 Malik said I believe the judge should enforce the arbitrators decision in their matter and not overturn it unless it was manifestly unjust. 73 00:08:57,460 --> 00:09:07,540 Right. So what we see here, what I would argue here is that sovereignty is expressed in a legal decision is finds its origin 74 00:09:07,540 --> 00:09:13,840 in the decisions of individual people to delegate authority to others to rule on their behalf, 75 00:09:13,840 --> 00:09:15,670 to make a judgement on their behalf. 76 00:09:15,670 --> 00:09:32,790 Right now, this is not a purely positive visiting delegation in the sense that it's a matter of whatever the ruler decides is proper because. 77 00:09:32,790 --> 00:09:40,620 Exercise of sovereignty, as Malik conceives it in this case is regulated by a norm, 78 00:09:40,620 --> 00:09:46,470 so the arbitrator, the arbitrators legitimate sovereignty is a function of two things. 79 00:09:46,470 --> 00:09:56,790 It's a function of the consent to his status as arbitrator and a function of his substantive decision not being manifestly unjust. 80 00:09:56,790 --> 00:10:03,240 Right. And so the same principle consent plus legality, right? 81 00:10:03,240 --> 00:10:10,700 Regulates. All these offices and regulates how all sovereignty is constructed and by implication. 82 00:10:10,700 --> 00:10:18,890 Right. Sovereignty is exercised through this mechanism, and that's why you have multiple offices exercising sovereignty. 83 00:10:18,890 --> 00:10:28,610 Hence, the protein character of sovereignty. Right. And this comes across very explicitly and I think theorise very nicely in the work of Shehab 84 00:10:28,610 --> 00:10:35,120 the karate that I translated the criteria for distinguishing legal decisions from opinions, 85 00:10:35,120 --> 00:10:42,110 et cetera. Right. And so he deals with this expressly in his answer to Question three, 86 00:10:42,110 --> 00:10:50,570 where he says public offices exist across a spectrum of powers with two extremes in the middle. 87 00:10:50,570 --> 00:10:54,320 The Office of the Caliph, which is the greater imam a. 88 00:10:54,320 --> 00:11:01,950 That's the office with the greatest power arbitration, which comes into existence by an act of the two students is the office with the least power? 89 00:11:01,950 --> 00:11:04,250 And between these are many intermediate opposites. 90 00:11:04,250 --> 00:11:12,860 And he then gives 15 examples, and his point is all these different offices all exercised sovereignty in the sense that I talked about, 91 00:11:12,860 --> 00:11:18,920 mainly having the authority to resolve disputes conclusively, right? 92 00:11:18,920 --> 00:11:29,840 And you can sort of systematically identify sovereign power through this range of what's the scope of? 93 00:11:29,840 --> 00:11:37,580 Sovereign power that each office has. So the imam and the American, Adam, the Caliph has the greatest scope. 94 00:11:37,580 --> 00:11:42,620 Right. And that is reflected in the fact that he can do fatwas. 95 00:11:42,620 --> 00:11:46,610 He can act as a judge. And then he can act in the public interest. 96 00:11:46,610 --> 00:11:52,820 But what's crucial to understand in all these cases is that when the Caliph. 97 00:11:52,820 --> 00:11:58,160 Act extremist acts judicially, he must actually act as a judge. 98 00:11:58,160 --> 00:12:07,740 Right? Because the principle that Malik asserted and or Possam asserted, is that when the wily the governor issues a ruling. 99 00:12:07,740 --> 00:12:12,870 It's valid and enforceable, I an exercise arbitrary as long as it's not manifestly unjust. 100 00:12:12,870 --> 00:12:16,020 It corresponds to the substantive idea of law. 101 00:12:16,020 --> 00:12:27,810 So although in principle, the Caliph has all the powers of lesser offices in practise, his exercise of that power. 102 00:12:27,810 --> 00:12:34,470 Transforms him into a judge when he acts judicial, transforms him into a mufti, 103 00:12:34,470 --> 00:12:38,970 when he acts as a mufti, transforms into a witness when he acts as a witness. 104 00:12:38,970 --> 00:12:45,960 ET cetera, et cetera, et cetera. Right. So in all cases, there's never any sovereignty attached to his person. 105 00:12:45,960 --> 00:12:54,730 Right. So his body. He does not have a natural body that is of any significance to sovereignty. 106 00:12:54,730 --> 00:12:59,230 Right. Unlike the English King. OK. 107 00:12:59,230 --> 00:13:05,440 So in that case, who is the sovereign right, where is the sovereign in suddenly thought? 108 00:13:05,440 --> 00:13:12,160 And so my argument is that the sovereign is a non corporeal entity, namely the Muslim community. 109 00:13:12,160 --> 00:13:19,690 Right. And so we see that expressly in this very interesting text of the Hanafi jurist who is maybe 110 00:13:19,690 --> 00:13:25,810 a century before Gadhafi as Casani Abubakar Casani died at the end of the 12th century. 111 00:13:25,810 --> 00:13:35,850 And here he is discussing. Why a judge does not lose jurisdiction when the appointing power. 112 00:13:35,850 --> 00:13:44,910 I like the Caliph dies. Because one might think that the judge is the delegate of the caliphate. 113 00:13:44,910 --> 00:13:52,560 And so he is a representative of the callous and normal principles of agency law state that when the principal dies, 114 00:13:52,560 --> 00:13:58,230 the agent loses all authority because the principal is gone now from a legal perspective, 115 00:13:58,230 --> 00:14:03,870 which is just not the rule for a judge, even after the Caliph dies or the pope is deposed. 116 00:14:03,870 --> 00:14:08,910 The judge's jurisdiction remains valid, and the reason, according to Alqasem, 117 00:14:08,910 --> 00:14:14,880 is because the judge is not appointed is neither appointed pursuant to the personal authority of the Caliph, 118 00:14:14,880 --> 00:14:21,720 nor does he act to further the jurisdiction, the personal jurisdiction of the Caliph, rather in both cases. 119 00:14:21,720 --> 00:14:27,540 He's appointed pursuant to the authority of the Muslim community, and he acts for the Muslim community, 120 00:14:27,540 --> 00:14:34,710 and the Muslim community does not die right, as he says here explicitly. 121 00:14:34,710 --> 00:14:49,810 Is it? They cannot excuse me when we I get him by the mouth of Khalifa Bashir, the will air of the Muslim community persists after his death. 122 00:14:49,810 --> 00:14:54,250 So what does that make? The Caliph makes the Caliph an agent. 123 00:14:54,250 --> 00:15:03,070 But interestingly, he's not just any agent. He uses the term rasool, which in Hanafi fit is the lowest form of agent. 124 00:15:03,070 --> 00:15:11,260 He's the ministerial agent, the agent that has absolutely no personal interest in the transaction at issue. 125 00:15:11,260 --> 00:15:20,990 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. 126 00:15:20,990 --> 00:15:29,650 Right. So it's very interesting that for Casani, the Caliph is so unimportant that it's just a ministerial function. 127 00:15:29,650 --> 00:15:32,480 And in all cases, as he says. 128 00:15:32,480 --> 00:15:39,590 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. 129 00:15:39,590 --> 00:15:44,070 It's an action of the Muslim community. It's never an act of the Caliph. 130 00:15:44,070 --> 00:15:50,940 Happy that. It's just through by the by by means of right, he's just a straw. 131 00:15:50,940 --> 00:15:55,650 Now know one of the things I want to try to show that this idea is pervasive. 132 00:15:55,650 --> 00:15:59,760 It's not particular to Casani or crafty or whatever. 133 00:15:59,760 --> 00:16:07,460 And so here is an extract from a fifth century Maliki work of positive law. 134 00:16:07,460 --> 00:16:12,690 A top Sadr, the jurist that me, is an important tairawhiti jurist. 135 00:16:12,690 --> 00:16:19,560 And he's talking about the idea of the rule of law as being obligatory and committed, helping in this right. 136 00:16:19,560 --> 00:16:25,560 This is a duty to society, by the way. Much is the same thing if you think about. 137 00:16:25,560 --> 00:16:30,870 And so the ruler has a positive duty to establish a system of rule of law. 138 00:16:30,870 --> 00:16:37,220 And of course, he can do this personally if he has the capacity right. 139 00:16:37,220 --> 00:16:45,150 But again. It's qualified by having the capacity to actually establish an effective system of rule of law. 140 00:16:45,150 --> 00:16:53,810 Practically speaking, that's impossible. So therefore, he has an obligation to delegate to others. 141 00:16:53,810 --> 00:16:59,360 Power sufficiently to establish a rule of law. Right? 142 00:16:59,360 --> 00:17:07,010 And then finally, what's I think what's again, what's interesting tying this back to where we started with arbitration? 143 00:17:07,010 --> 00:17:09,890 What happens if he fails to do that right? 144 00:17:09,890 --> 00:17:18,420 Or there's no or there's no ruler right, then he says, right, it devolves on those persons having good judgement, 145 00:17:18,420 --> 00:17:23,210 good character and whosoever they agree is qualified to discharge that obligation. 146 00:17:23,210 --> 00:17:32,410 They appoint him to the post. Right. So again, here there is this idea that. 147 00:17:32,410 --> 00:17:37,960 Representing the Muslim community, as I would put it, is. 148 00:17:37,960 --> 00:17:44,560 Potentially not a stable, it's not stably located in any particular person, 149 00:17:44,560 --> 00:17:51,670 it's only located in the person that is exercising the legal duty of fulfilling the legal obligation. 150 00:17:51,670 --> 00:17:55,810 So what makes the rally a rally is that he establishes a rule of law. 151 00:17:55,810 --> 00:18:01,660 Right? The Ali who does it establish a rule of law is not a body, right? 152 00:18:01,660 --> 00:18:09,180 So again, you can say this that it's not. Sovereignty is not the right to obedience. 153 00:18:09,180 --> 00:18:19,020 Obedience is what creates the sovereignty. So, so sovereignty is constituted through the act of obedience, not the other way around. 154 00:18:19,020 --> 00:18:23,940 OK, so I will stop here. Thank you. Thank you. Thank you so much, Mohammed. 155 00:18:23,940 --> 00:18:31,410 That was intriguing. Fascinating as always and nice to read some Arabic on the screen. 156 00:18:31,410 --> 00:18:36,450 We will come to those questions that viewers may have and please feel free to type 157 00:18:36,450 --> 00:18:44,070 them up in the Q&A and we will address them in the final half of the broadcast. 158 00:18:44,070 --> 00:18:48,840 I'd like to invite Lena at this point to give her presentation. 159 00:18:48,840 --> 00:18:56,700 So Lena is I'm very happy to say of my colleague this year at St. Anthony's College and our colleague, 160 00:18:56,700 --> 00:19:04,710 Professor Lena, and she's a scholar who specialises in critical theory in relation to law and history, 161 00:19:04,710 --> 00:19:11,070 using an interdisciplinary, using interdisciplinary and critical methods to us historically graphical and jurisprudential 162 00:19:11,070 --> 00:19:16,350 questions of Islamic law and Jewish law in the late antique mediaeval and modern errors. 163 00:19:16,350 --> 00:19:20,100 And the two of you are wonderful to have on the same panel, 164 00:19:20,100 --> 00:19:28,620 especially because you are both historians with doctorates in that sort of area, but also legal scholars with shades. 165 00:19:28,620 --> 00:19:34,140 And so I think this will make for a particularly illuminating conversation, 166 00:19:34,140 --> 00:19:39,480 especially since your approaches, I'm sure, will be dramatically different. 167 00:19:39,480 --> 00:19:47,280 And so I did want to highlight Nina's very important first book The Beginnings of Islamic ruling late antique Islamic Legal Traditions, 168 00:19:47,280 --> 00:19:52,260 and which offers a historically grounded understanding of Islamic law. 169 00:19:52,260 --> 00:20:00,750 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. 170 00:20:00,750 --> 00:20:09,520 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. 171 00:20:09,520 --> 00:20:15,840 So I could go on Lena, but I'm going to at this point, ask you to speak on your sort of topic, 172 00:20:15,840 --> 00:20:21,730 which is sort of reconsidering the political in pre-modern Islam. 173 00:20:21,730 --> 00:20:26,680 So thanks for the invitation to participate in the series, I'm looking forward to the discussion. 174 00:20:26,680 --> 00:20:32,630 Islamic political thought may be the most deeply politicised area of Islamic studies in the global north. 175 00:20:32,630 --> 00:20:39,610 An inordinate amount of the scholarship revolves around asking the problematic question Can Muslims be politically modern? 176 00:20:39,610 --> 00:20:48,190 This question motivates research that examines Islam and democracy, or Islam and human rights, or any number of other similar modern political forms. 177 00:20:48,190 --> 00:20:55,210 Posing the question is incoherent because it is based on a centralisation of being Muslim and of being modern. 178 00:20:55,210 --> 00:21:00,630 Consequently, attempting to answer this question is an intellectual trap. 179 00:21:00,630 --> 00:21:07,800 I do not engage with pre-modern Islamic political thought with the objective of answering this false question or its corollaries. 180 00:21:07,800 --> 00:21:11,280 Instead, I ask different questions and I would suggest, for instance, 181 00:21:11,280 --> 00:21:18,540 the question How do Muslims in the modern era use the pre-modern Islamic tradition to articulate their politics? 182 00:21:18,540 --> 00:21:24,210 Rejecting the conventional question also results in discarding conventional answers. 183 00:21:24,210 --> 00:21:29,190 A primary conventional answer involves serving the ideas of specific Muslims. 184 00:21:29,190 --> 00:21:38,760 Recent scholarship constructs a canon of modern Muslim political thinkers, including with a lot of duty and more recently, Anousheh. 185 00:21:38,760 --> 00:21:46,200 This great men approach is a gross distortion because it misrepresents political thought as the product of certain famous men. 186 00:21:46,200 --> 00:21:51,810 And not coincidentally, this approach reflects the misogyny in the field of Islamic studies. 187 00:21:51,810 --> 00:21:57,150 Researchers who perpetuate the great men mythology misconstrue these prominent men as 188 00:21:57,150 --> 00:22:03,210 representative of the Islamic traditions past or present in the present in an empirical sense. 189 00:22:03,210 --> 00:22:08,880 These figures do not epitomise the entirety of the modern Muslim world or its political thought. 190 00:22:08,880 --> 00:22:13,910 As for the past, these figures do not embody Islamic continuity. 191 00:22:13,910 --> 00:22:20,300 Too many researchers view the claims of these specific men as facts rather than as interpretations. 192 00:22:20,300 --> 00:22:27,920 In addition, much research separates theory from action, which is evident in how political theorists construct this canon of named men, 193 00:22:27,920 --> 00:22:32,870 while political scientists study Islamist groups of largely unnamed men. 194 00:22:32,870 --> 00:22:35,450 Both the question Can Muslims be politically modern? 195 00:22:35,450 --> 00:22:41,540 And the purported answer this is how these famous men view modern Muslim politics are unproductive. 196 00:22:41,540 --> 00:22:46,510 To understand modern Islamic political thoughtfully, we need different questions and different research. 197 00:22:46,510 --> 00:22:53,990 Touristic. pre-Modern Islamic political thought can illuminate both alternative questions and restricts. 198 00:22:53,990 --> 00:22:58,310 So in my comments today, I will begin to address two interrelated issues. 199 00:22:58,310 --> 00:23:05,480 First, how do we understand political thought in the pre-modern world? And second, how do we find political thought and pre-modern sources? 200 00:23:05,480 --> 00:23:10,070 Before we can engage with these two questions, we must be clear on our baseline concept. 201 00:23:10,070 --> 00:23:14,510 So I am using political broadly to mean matters of governance. 202 00:23:14,510 --> 00:23:20,060 In considering these two issues, I'm building upon the theories and methods I've delineated in my previous scholarship. 203 00:23:20,060 --> 00:23:26,510 I am not a political theorist, so I engage with pre-modern Islamic political thought through critical theory and Islamic law. 204 00:23:26,510 --> 00:23:31,190 Critical theory, of course, intersects with political theory, and law is political, 205 00:23:31,190 --> 00:23:38,290 so all of my scholarship previously has involved dimensions of Islamic political thought. 206 00:23:38,290 --> 00:23:44,110 So I want to begin by exploring how pre-modern Muslims conceptualise political belonging in legal texts. 207 00:23:44,110 --> 00:23:46,270 There is a consensus documented in late, 208 00:23:46,270 --> 00:23:54,010 antique and mediaeval Islamic sources that all three adult and say Muslims are recognised as subject to the charity tax on their wealth. 209 00:23:54,010 --> 00:23:59,860 pre-Modern Muslim jurists disagreed about the imposition of the charity tax on individuals without legal capacity, 210 00:23:59,860 --> 00:24:06,970 such as minors and on individuals with questionable legal capacity and property rights, specifically slaves. 211 00:24:06,970 --> 00:24:14,860 If the late antique Islamic taxation system was based on membership in the polity, then wealth was the key criterion for tax liability. 212 00:24:14,860 --> 00:24:23,920 If the taxation system was based on belief, then intentionality to perform a ritual act was the key criterion for tax liability, 213 00:24:23,920 --> 00:24:28,060 mostly at antique legal authorities obligated miners to pay the charity tax. 214 00:24:28,060 --> 00:24:33,940 Since Muslim miners were not expected to fulfil ritual obligations because they lack intentionality, 215 00:24:33,940 --> 00:24:38,650 most jurors viewed wealth as a prerequisite for the tax. By comparison, 216 00:24:38,650 --> 00:24:47,410 most late antique legal authorities did not require slaves to pay the charity tax since Muslim slaves were expected to fulfil ritual obligations. 217 00:24:47,410 --> 00:24:52,240 Most jurors viewed wealth and political status as prerequisites for the tax. 218 00:24:52,240 --> 00:24:57,100 Simply put, many leave and antique legal authorities required miners, but not slaves, 219 00:24:57,100 --> 00:25:04,920 to pay the charity tax because political belonging, rather than belief or intentionality, triggered the obligation to pay. 220 00:25:04,920 --> 00:25:11,160 The legal reasoning underlining doctrinal rules about charity taxation reflect political thought. 221 00:25:11,160 --> 00:25:17,040 Many pre-modern Muslim jurists viewed paying the charity tax as enacting Muslim citizenship. 222 00:25:17,040 --> 00:25:22,830 I follow Elizabeth Cohen and recognising that citizenship is a gradient category and not a binary one. 223 00:25:22,830 --> 00:25:29,100 Thus, there is a status in between citizens and non-citizens, which Cohen refers to as semi citizens. 224 00:25:29,100 --> 00:25:36,840 Because these exigencies was from the beginning, it means of taxing those members and quasi members. 225 00:25:36,840 --> 00:25:41,430 It corresponded to a political framework for defining citizenship and semi citizenship. 226 00:25:41,430 --> 00:25:45,570 Using the category of citizenship in late antique context is not anachronistic. 227 00:25:45,570 --> 00:25:52,920 For those of you maybe thinking it is citizenship like state is not a fixed category, but one that has historically specific meanings. 228 00:25:52,920 --> 00:26:00,180 Consequently, late antique citizenship in a late antique state is distinct from modern citizenship in a modern nation state. 229 00:26:00,180 --> 00:26:06,720 Moreover, citizenship is widely understood as a category that is applicable in pre-modern contexts. 230 00:26:06,720 --> 00:26:11,790 So, for example, few people doubt the efficacy of the category of Roman citizenship. 231 00:26:11,790 --> 00:26:17,070 The fact that Romans review commonly at citizens and Muslims as believers does not reflect 232 00:26:17,070 --> 00:26:22,110 concrete differences between what it meant to be Roman or Muslim in late antiquity. 233 00:26:22,110 --> 00:26:30,690 Instead, the tendency to characterise these groups differently reflects modern presumptions that are incongruent with the historical reality. 234 00:26:30,690 --> 00:26:37,200 Simply put, in late antiquity, being Muslim was a form of citizenship that established political belonging. 235 00:26:37,200 --> 00:26:43,320 Methodologically, my article taxing citizens social legal constructions of late antique Muslim identity demonstrates 236 00:26:43,320 --> 00:26:49,260 how we can use a variety of pre-modern sources to reconstruct the political thought of jurists. 237 00:26:49,260 --> 00:26:56,220 Late antique legal opinions surrounding the payment of the charity tax reveal how juries demarcated who is a Muslim, 238 00:26:56,220 --> 00:27:06,150 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, 239 00:27:06,150 --> 00:27:11,070 that story would narrate the growing power of the state and professionalisation of the state's 240 00:27:11,070 --> 00:27:16,920 bureaucratic apparatus because of the process of professionalisation was gradual and incremental. 241 00:27:16,920 --> 00:27:22,080 The late antique period provides historical evidence for styles of governance that did not continue. 242 00:27:22,080 --> 00:27:30,810 For instance, rulers during the late antique period played a larger role in interpreting and declaring Islamic law than rulers in successive periods. 243 00:27:30,810 --> 00:27:35,460 Obviously, Muhammad passed judgements over the first Muslim community in both Mecca and Medina. 244 00:27:35,460 --> 00:27:42,570 Likewise, the caliphs who succeeded him were not merely political leaders because they promulgated laws and shaped normative legal practises. 245 00:27:42,570 --> 00:27:47,790 There aren't numerous legal opinions associated with each individual Caliph and Caliph. 246 00:27:47,790 --> 00:27:54,990 Omar is even known to have dismissed judges for implementing substantive legal decisions that differed from his legal opinions. 247 00:27:54,990 --> 00:28:00,210 Many were made, caliphs had some legal knowledge and were involved in the everyday practise of law. 248 00:28:00,210 --> 00:28:04,650 So, for example, there's historical evidence that early on they had caliphs held their own courts, 249 00:28:04,650 --> 00:28:10,620 offered judges their legal opinions, tested judicial knowledge and dictated court procedural rules. 250 00:28:10,620 --> 00:28:16,530 Notably, the relationship between and caliphs and American judges was not exclusively hierarchical. 251 00:28:16,530 --> 00:28:20,370 So, for example, a modern judge ruled against the governor of Medina, No. 252 00:28:20,370 --> 00:28:30,330 One. Thus, there was competition interaction and overlap between rulers, judges, jurists and other bureaucrats. 253 00:28:30,330 --> 00:28:38,310 We need to recognise and understand this historical evidence because it corrects a prevalent romanticisation of pre-modern Islamic governance. 254 00:28:38,310 --> 00:28:44,100 According to this idealistic projection, pre-modern Muslim jurists were entirely independent of the state. 255 00:28:44,100 --> 00:28:52,380 This is simply is inaccurate. As I've explained elsewhere, states have been involved in the shaping of Islamic law from the beginning. 256 00:28:52,380 --> 00:28:56,670 Despite the aspirations of pre-modern jurists, rulers endorsed legal schools, 257 00:28:56,670 --> 00:29:02,880 appointed judges and had other broad scale influences on the shape and substance of Islamic law. 258 00:29:02,880 --> 00:29:07,530 Of course, the modern nation state usurped the power of the jurists more extensively, 259 00:29:07,530 --> 00:29:11,700 but it was not the first form of governance to compete with jurists. 260 00:29:11,700 --> 00:29:18,900 Moreover, the romanticised narrative is a projection of European history and Eurocentric concepts that is, 261 00:29:18,900 --> 00:29:26,940 many scholars and plot their narratives of Islamic history in imitation of a European history of church versus state conflict. 262 00:29:26,940 --> 00:29:35,760 The church is represented as the road map and untranslated term that distorts the complex relationships amongst different types of scholars, 263 00:29:35,760 --> 00:29:43,890 jurists, judges and other bureaucrats. This is another example of an untranslated term masking secular assumptions. 264 00:29:43,890 --> 00:29:49,620 The phenomenon that I identified in my article decolonial translation There are many implications 265 00:29:49,620 --> 00:29:55,350 for imposing a European model of church vs. state controversy in pre-modern stomach history. 266 00:29:55,350 --> 00:30:01,810 I'm only going to mention two here. First, much recent scholarship treat scholars like church clergy. 267 00:30:01,810 --> 00:30:09,070 And as a result, the scholarship conflates the Islamic tradition with the orthodoxy of a select group of scholars. 268 00:30:09,070 --> 00:30:13,240 However, Muslim jurists and scholars are not the functional equivalent of clergy. 269 00:30:13,240 --> 00:30:19,930 There was no church institution in pre-modern Islamic history, and scholars did not operate in a hierarchical structure. 270 00:30:19,930 --> 00:30:24,940 Second, this Eurocentric misreading of Islamic history leads to the mistaken classification 271 00:30:24,940 --> 00:30:29,620 of the pre-modern Islamic State as external to the Islamic tradition. 272 00:30:29,620 --> 00:30:36,780 In reality, rulers and scholars were competing groups within the Islamic tradition. 273 00:30:36,780 --> 00:30:39,270 So as we saw with the first historical example, 274 00:30:39,270 --> 00:30:46,020 an obligatory state imposed tax that derives its legal validity from the Koran confuses modern legal categories. 275 00:30:46,020 --> 00:30:51,840 The pre-modern Islamic charity tax does not correspond to the modern bifurcation between religion and the secular. 276 00:30:51,840 --> 00:30:56,160 pre-Modern citizenship did not recognise a notion of religion. 277 00:30:56,160 --> 00:31:02,310 As we saw with the second historical example, the competition interaction and overlap between rulers, 278 00:31:02,310 --> 00:31:07,110 judges and jurists defy modern governance is centralisation. 279 00:31:07,110 --> 00:31:14,040 Conventional scholarship focuses on the scholarly class in ways that I described as a secular translation of the Islamic tradition. 280 00:31:14,040 --> 00:31:20,070 pre-Modern Islamic governance does not correspond to the secular bifurcation between church and state. 281 00:31:20,070 --> 00:31:24,240 So when contemporary scholars research pre-modern Islamic political thought, 282 00:31:24,240 --> 00:31:30,510 they frequently limit themselves to dimensions of the Islamic tradition that the contemporary scholar understands is political, 283 00:31:30,510 --> 00:31:35,460 rather than to the dimensions of the tradition that pre-modern Muslims understood as political. 284 00:31:35,460 --> 00:31:44,020 So this is not simply a matter of anachronism. pre-Modern political thought was not secular with these two brief historical examples. 285 00:31:44,020 --> 00:31:50,070 I illustrated how secular political thought distorts pre-modern Islamic political thought. 286 00:31:50,070 --> 00:31:53,640 It is important to keep in mind that how one understands pre-modern Islamic 287 00:31:53,640 --> 00:31:59,100 political thought has direct implications for modern Islamic political thought. 288 00:31:59,100 --> 00:32:07,260 Secular ideology constructs a problem space in which the secular, modern nation state is constantly demarcating a line between politics and religion. 289 00:32:07,260 --> 00:32:10,110 This is not a line that can be drawn empirically. 290 00:32:10,110 --> 00:32:16,590 It is a line that the modern nation state draws and moves in accordance with its particular material and ideological objectives. 291 00:32:16,590 --> 00:32:23,340 So put differently, the modern nation state differentiates between two secular notions secular politics and religion, 292 00:32:23,340 --> 00:32:29,490 because it serves its interests to do so. Secular ideology advocates certain political doctrines. 293 00:32:29,490 --> 00:32:34,500 First, secular ideology seeks to concentrate power in the institutions of the modern nation state, 294 00:32:34,500 --> 00:32:36,540 and some of my previous scholarship have demonstrated both. 295 00:32:36,540 --> 00:32:43,440 How secular ideology defines religion is the non secular and how this secular notion of religion models the pre-modern Islamic tradition. 296 00:32:43,440 --> 00:32:48,810 One secular ideology falsely demarcate certain aspects of social life a separate and distinguishable. 297 00:32:48,810 --> 00:32:53,830 It alters interrelated spheres such as ethics and politics. 298 00:32:53,830 --> 00:33:02,860 Second, secular ideology asserts that law can only be positive law because the state seeks to maintain power through a unique vocal state law. 299 00:33:02,860 --> 00:33:07,990 The secular notions of religion and positive law distort Islamic politics. 300 00:33:07,990 --> 00:33:15,100 Now, in my experience, the historical theoretical arguments that underlie the critique of secularism cannot be explained in a short talk. 301 00:33:15,100 --> 00:33:21,610 Understanding the critique necessitates extensive reading in the history of secularism and the genealogy of religion. 302 00:33:21,610 --> 00:33:24,520 That is the modern history of secularism, because that's the key issue. 303 00:33:24,520 --> 00:33:27,760 So rather than continuing to explain this critique of secular political thought, 304 00:33:27,760 --> 00:33:32,650 I just want to suggest the readings identified on the slide and move on. 305 00:33:32,650 --> 00:33:33,940 So when I began this talk, 306 00:33:33,940 --> 00:33:40,210 I asserted that much recent scholarship is motivated by asking the problematic question Can Muslims engage in modern politics? 307 00:33:40,210 --> 00:33:43,390 I want to return now to the question I posed as an alternative. 308 00:33:43,390 --> 00:33:50,500 How do Muslims in the modern era use the pre-modern Islamic tradition to articulate their politics, as is common in similar contexts? 309 00:33:50,500 --> 00:33:56,980 When contemporary individuals look to the pre-modern past, they see it through the lens of contemporary ideas and concerns. 310 00:33:56,980 --> 00:34:02,860 Consequently, many prevalent assumptions about Islam's past are reflective of Islam's present. 311 00:34:02,860 --> 00:34:06,730 This is not unique, of course, to have some contemporary Islamists, though, 312 00:34:06,730 --> 00:34:12,400 and the scholars who study them frequently rely on a set of false assumptions about pre-modern Islamic political thought. 313 00:34:12,400 --> 00:34:20,920 And I presented two historical examples. Muslim belonging and the relationship between jurists and the ruler that defy conventional assumptions. 314 00:34:20,920 --> 00:34:25,630 In addition, contemporary Muslims often make claims of authenticity or returning to the past. 315 00:34:25,630 --> 00:34:30,070 That should be challenged because neither authenticity nor return are possible. 316 00:34:30,070 --> 00:34:36,760 In many cases, instead of authenticity or return, we find hybridity in the specific case of modern Islamic political thought. 317 00:34:36,760 --> 00:34:39,520 We find what I have called secular Islamization. 318 00:34:39,520 --> 00:34:45,790 Secular Islamization is evident in how some Islamist groups adopt a modern secular notion of religion and imitate secular, 319 00:34:45,790 --> 00:34:53,410 legal and political reasoning. I analogise this process to the placing of Islamic vocabulary in secular political sentences. 320 00:34:53,410 --> 00:35:01,150 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 321 00:35:01,150 --> 00:35:05,740 possibility of Muslims engaging in modern politics is another ineffective question. 322 00:35:05,740 --> 00:35:12,910 Can Muslims be secular? As I've demonstrated elsewhere, this question motivates much scholarship in Islamic studies today. 323 00:35:12,910 --> 00:35:18,070 It is an analytically confused question because Islam and secularism are not mutually exclusive. 324 00:35:18,070 --> 00:35:22,750 It is a misleading question because it directs attention towards a circular path enclosed 325 00:35:22,750 --> 00:35:28,900 within secular ideology in order to reconsider the political in the Islamic tradition. 326 00:35:28,900 --> 00:35:35,890 We must recognise that secular political thought is neither trends historical nor transcultural. 327 00:35:35,890 --> 00:35:40,250 Thank you. Fantastic, thank you very much. 328 00:35:40,250 --> 00:35:51,140 Thank you, Mohammed. I think, you know, we really have to wonderfully rich papers which talk both to each other and in some ways against one another. 329 00:35:51,140 --> 00:36:02,510 So we are open for questions of members of the audience can write in their questions and the Q&A box or the chat box or raise their hands. 330 00:36:02,510 --> 00:36:10,130 And Osama and I obviously will also ask questions, and I just have a couple to begin with one. 331 00:36:10,130 --> 00:36:18,080 The one place where these two papers meet seems to be the claim, 332 00:36:18,080 --> 00:36:28,760 a very interesting claim about the non-linear nature of authority, and this can go in so many different places. 333 00:36:28,760 --> 00:36:34,270 So I just want to ask both of you, each of you, about that. 334 00:36:34,270 --> 00:36:44,770 For Mohammed, the fact that there seems to be no real hierarchy in which appeals can be taken from one from a, 335 00:36:44,770 --> 00:36:50,470 you know, a subordinate authority to a superior one. 336 00:36:50,470 --> 00:37:08,060 Do you think that suggests that? Sovereignty, as you define it, is fragmented because it is divided by the field that each authority encompasses. 337 00:37:08,060 --> 00:37:16,940 You mentioned, for instance, how the Caliph can take on the role of authorities who are normally seen as subordinate to him, 338 00:37:16,940 --> 00:37:24,560 and in this way his own authority gets to be divisible in feels like ways. 339 00:37:24,560 --> 00:37:32,810 Is that one way in which you might think about what appears to be a fragmented form of sovereignty? 340 00:37:32,810 --> 00:37:37,310 Perhaps another way of putting it as a. 341 00:37:37,310 --> 00:37:53,150 The Muslim community, as the residual ground of this sovereignty is unable to manifest itself apart from in these varying authorities. 342 00:37:53,150 --> 00:37:58,410 You also said something about the distinction between. 343 00:37:58,410 --> 00:38:07,760 Insofar as justice or legitimacy is crucial to the acknowledgement of the sovereignty of any authority. 344 00:38:07,760 --> 00:38:17,180 It seems to be more a kind of, if you will, ethical or even a philosophical principle rather than the law. 345 00:38:17,180 --> 00:38:23,750 So three bits of questions which join together and then leader, if I might just ask you again, 346 00:38:23,750 --> 00:38:33,890 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. 347 00:38:33,890 --> 00:38:44,930 And I just wanted to ask whether without seeing it as being anarchistic in any way, it would be interesting if it were anarchistic. 348 00:38:44,930 --> 00:38:57,010 You know how you might think about. The anti hierarchical or the non-hierarchical nature of of authority and then you dissent with your first example, 349 00:38:57,010 --> 00:39:05,350 which had to do with property, how you might. Could you say something more about how property or ownership or wealth? 350 00:39:05,350 --> 00:39:13,580 Ends up configuring citizenship. In a way that. 351 00:39:13,580 --> 00:39:23,420 That has not really been taken into account, as far as I know in the scholarship on on Islamic politics, I find that. 352 00:39:23,420 --> 00:39:25,500 A really just a way of thinking, 353 00:39:25,500 --> 00:39:36,960 because it might allow you to approach sort of European political theory and its fixation on property in a quite different way. 354 00:39:36,960 --> 00:39:43,350 So, you know, your critical endeavour addresses not just the question of circularity, which you rightly brought up, 355 00:39:43,350 --> 00:39:52,650 but also that of ownership and property, which defined so much of early modern and modern political thought in Europe. 356 00:39:52,650 --> 00:39:59,160 So sorry, rather shaggy dog questions. Mohammed, perhaps you can begin. 357 00:39:59,160 --> 00:40:03,210 Yeah. I mean, I think I wouldn't necessarily say non-linear. 358 00:40:03,210 --> 00:40:05,490 That's not how I would describe it. What I would describe it as. 359 00:40:05,490 --> 00:40:14,490 Shared sovereignty and sovereignty is shared throughout the community through all these different offices that these are coordinate offices, 360 00:40:14,490 --> 00:40:19,140 each exercising a particular slice of sovereignty. 361 00:40:19,140 --> 00:40:28,110 But that sovereignty is real in the sense that it doesn't depend for its vigour on the approval of the appointing authority. 362 00:40:28,110 --> 00:40:36,720 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. 363 00:40:36,720 --> 00:40:40,230 Right. This is the point of Casady, Casani is saying. 364 00:40:40,230 --> 00:40:46,950 Is acting as a messenger of the community to fulfil this function of discharging the rule of law. 365 00:40:46,950 --> 00:40:53,460 Right. And so that's a real sovereign function that now exists in the judge. 366 00:40:53,460 --> 00:40:56,790 And so when the judge exercises that lawfully, 367 00:40:56,790 --> 00:41:04,950 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. 368 00:41:04,950 --> 00:41:14,460 Right. Likewise, the Caliph has personal capacity to adjudicate these disputes, but that's not because he's superior. 369 00:41:14,460 --> 00:41:19,290 It's because he's he's taking on the trappings of being a judge in some sense, 370 00:41:19,290 --> 00:41:24,420 he's descending to the level of a judge when he wishes to do that right. 371 00:41:24,420 --> 00:41:31,050 And so I think what's I mean, I'm approaching this mainly from a perspective of a kind of liberal legal theorist here. 372 00:41:31,050 --> 00:41:40,500 I know I like I have to get that in, get lively, not upset with me, but my point is to try to say that in so many. 373 00:41:40,500 --> 00:41:44,430 Jurors juridical thinking the law constitutes sovereignty. 374 00:41:44,430 --> 00:41:51,630 Sovereignty is not above the law, the way some sort of crude Australians would would view it. 375 00:41:51,630 --> 00:41:57,870 So you have an unconstrained sovereign, the unconstrained commander. That's not the idea of Sunni sovereignty. 376 00:41:57,870 --> 00:42:04,260 The idea of Sunni sovereignty is manifested through through conformity with law, right? 377 00:42:04,260 --> 00:42:09,210 Not. Being above it, that's that's sort of the the really essential point, 378 00:42:09,210 --> 00:42:17,520 that's what allows for sovereignty to be shared across all these different offices and have a residual existence in the community members. 379 00:42:17,520 --> 00:42:30,030 So for example, if the Noujaim was a 16th century Egyptian hammer who has a very interesting epistle about what happens when the governor? 380 00:42:30,030 --> 00:42:35,000 And when they when the governor dies. Right? 381 00:42:35,000 --> 00:42:39,590 And the sultan and his son, who has not sent a replacement yet. 382 00:42:39,590 --> 00:42:45,200 Who takes over? Right? Is it the commander of the garrison or is it the chief judge? 383 00:42:45,200 --> 00:42:47,360 Right. And it goes back to again, 384 00:42:47,360 --> 00:42:55,100 this idea really gets to sort of the idea of the exception what happens when there's an exception to the regular constitutional order? 385 00:42:55,100 --> 00:43:02,850 That's why you see the real sovereign rights, right? And the real sovereign arises, as you know, as Lakshmi says and as James says, 386 00:43:02,850 --> 00:43:08,210 it's back in the community, although in the NEJM chain is very clear, is the judge. 387 00:43:08,210 --> 00:43:11,300 It should go back to the the public to elect somebody new. 388 00:43:11,300 --> 00:43:18,300 The judge should exercise sovereign powers until such time as this full time consent to such a governor. 389 00:43:18,300 --> 00:43:28,590 But my general approach is to look at the details of the rules of the law, jurisdictional and procedural to understand how sovereignty and a sense of. 390 00:43:28,590 --> 00:43:33,300 Final decision making is normal to be constructive, right? 391 00:43:33,300 --> 00:43:45,550 Thanks very much, ma'am. The issue of delegation here, because it seems to the endless everyone is a delegate and the sovereign cannot be manifested. 392 00:43:45,550 --> 00:43:53,290 Anyway, turning to you, Linda, and then I noticed we have questions in the chat as well, and I'm sure Osama has some. 393 00:43:53,290 --> 00:43:59,590 Yeah. Rachel thinks I think that you picked up exactly on what I was thinking is where the overlap is between our two presentations, 394 00:43:59,590 --> 00:44:05,560 which is this understanding of the pre-modern context is being one in which authority 395 00:44:05,560 --> 00:44:10,720 or if you want to call it sovereignty is more horizontal and but also more shifting. 396 00:44:10,720 --> 00:44:17,980 And so it's not a simple, linear vertical relationship between the sovereign and the states bureaucratic 397 00:44:17,980 --> 00:44:26,200 apparatus that people would understand in the modern nation state framework. So I agree totally with them that presentation on those points. 398 00:44:26,200 --> 00:44:32,080 You didn't talk that much about liberal things today, so actually there wasn't a lot to disagree. 399 00:44:32,080 --> 00:44:36,370 You didn't bring up Rawls for the first time in a long time. So. 400 00:44:36,370 --> 00:44:41,270 So so far, we've been great. But on the second question, the citizenship issue. 401 00:44:41,270 --> 00:44:47,620 So the parts of the things I discussed about citizenship was based on this article that I published a few years ago on taxing citizens. 402 00:44:47,620 --> 00:44:51,900 And really, the first criterion is political status. It's not wealth. 403 00:44:51,900 --> 00:44:58,390 Well, the only come. So I wouldn't use the concept of property and all of the modern concepts related to it, 404 00:44:58,390 --> 00:45:04,840 because property is only secondary to the issue as to whether or not you're liable to pay the tax. 405 00:45:04,840 --> 00:45:12,550 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. 406 00:45:12,550 --> 00:45:23,950 And the reason why this is significant is because it will be seen as the framework for how we understand non-Muslims in the Islamic Empire. 407 00:45:23,950 --> 00:45:28,210 So it's not only about what it tells us about political belonging of Muslims, 408 00:45:28,210 --> 00:45:32,650 but also what it says about the semi citizens, these non-Muslims and what their status is. 409 00:45:32,650 --> 00:45:37,840 And the moment you stop sort of projecting these religious ideas that come from 410 00:45:37,840 --> 00:45:42,970 modern secular notions and then rethink governance in terms of citizenship status, 411 00:45:42,970 --> 00:45:50,050 then everything looks very different. But it also looks more historically contextual, which is the point of the Roman citizenship comparison, 412 00:45:50,050 --> 00:45:54,520 because the poll tax is, as we know, was very common in the Roman Empire. 413 00:45:54,520 --> 00:46:04,720 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. 414 00:46:04,720 --> 00:46:08,860 And so that's why I emphasise thanks for the question. 415 00:46:08,860 --> 00:46:17,200 Thanks very much. Osama. So I'm tempted to let the attendees go first, if that's all right, Faisal. 416 00:46:17,200 --> 00:46:22,540 And I mean, I know that I'm going to put his hand up melodica. And then we had two questions. 417 00:46:22,540 --> 00:46:27,730 Oh, I see. Oh yes, we have had a heads up as well. So shall we? I don't know which one came first. 418 00:46:27,730 --> 00:46:32,020 Ahmed Silex hand was up earlier, and so I met. 419 00:46:32,020 --> 00:46:43,180 If you want to make yourself visible and ask your question. First, I would like to say thank you both because it was a wonderful programme event. 420 00:46:43,180 --> 00:46:44,400 My name is Ahmet Gennych. 421 00:46:44,400 --> 00:46:54,010 I think he's an roasty in religion parliament, and I work on my dissertation currently on actually the title of my dissertation, 422 00:46:54,010 --> 00:47:01,510 his traces of sovereignty, multiple multiple political layers of Islamic political thought, particularly. 423 00:47:01,510 --> 00:47:12,770 I focus on Al-Marayati al-Husseini, and as part of my question, I have two question actually one to Mohammad father, the as you know, 424 00:47:12,770 --> 00:47:17,830 and my first question is that based on your presentation, 425 00:47:17,830 --> 00:47:31,420 what I understood is that actually the sovereign power of any kind of ruler is grounded on the law, 426 00:47:31,420 --> 00:47:37,840 the Shariah and this Shariah, as when I look at my work and Dulaimi, 427 00:47:37,840 --> 00:47:49,120 especially as it's very clear when he says that Islamic polity and Islamic community is possible and can survive when even there is no ruler, 428 00:47:49,120 --> 00:47:55,330 there is no government, when even there is no Khalifa or emir or rhali. 429 00:47:55,330 --> 00:47:56,680 So Khomeini can survive. 430 00:47:56,680 --> 00:48:04,120 And he said that the mujahideen, then the mufti and the scholar should take care of the rulership leadership in the same community. 431 00:48:04,120 --> 00:48:14,590 So from here and from what you have said, what I understand is that the foundation of Islamic political thought is the common ground, 432 00:48:14,590 --> 00:48:21,730 or, let's say, epistemic and moral ground accepted, embraced by the community. 433 00:48:21,730 --> 00:48:27,810 In other words, it is the will and the consent of the community. 434 00:48:27,810 --> 00:48:40,840 And their agreement on certain epistemic way of looking at the world is the foundation of Islamic political thought and Islamic sovereignty. 435 00:48:40,840 --> 00:48:45,900 Would you agree with that or what do you think about that? Would you like me to go to the discussion? 436 00:48:45,900 --> 00:48:50,970 You can be quite concise with Nina's question just so that everyone gets a chance. 437 00:48:50,970 --> 00:48:59,790 Yeah, sure. Just from afar, the what I read is that actually unlike secular politics, 438 00:48:59,790 --> 00:49:09,540 especially as you emphasise the church versus state in Islamic tradition, religion, which is metaphysical ontological assumptions. 439 00:49:09,540 --> 00:49:19,170 Religion is a kind of mediator between politics, power and community and people. 440 00:49:19,170 --> 00:49:26,490 So it's quite not opposite, but so different than the European historical experience. 441 00:49:26,490 --> 00:49:36,420 Would you agree with this role of religion, like mediation between politics and political elites and people and community? 442 00:49:36,420 --> 00:49:42,090 Thank you so much. Thank you very much for your question. So I thank you for your question. 443 00:49:42,090 --> 00:49:45,570 I think what you said I largely agree with, 444 00:49:45,570 --> 00:49:51,630 I'm going to point out that a friend of mine adopted Majid wrote a very and just published 445 00:49:51,630 --> 00:49:55,920 a very interesting paper about UAE in the European Journal of Political Philosophy, 446 00:49:55,920 --> 00:50:01,470 I believe, which talks about UAE and the exception in Islamic political thought. 447 00:50:01,470 --> 00:50:06,490 And I think he uses the concept of the common sense sovereign. 448 00:50:06,490 --> 00:50:17,560 As sort of as sort of Giuliani, his ultimate account for how Islam survives in the absence of an organised state, 449 00:50:17,560 --> 00:50:25,150 that there there's this idea of the sovereignty of the average person to understand the basic 450 00:50:25,150 --> 00:50:31,540 requirements of all of the law and that it can survive through that common sense sovereign. 451 00:50:31,540 --> 00:50:35,230 Now, I think this is actually a really important theme. 452 00:50:35,230 --> 00:50:45,340 It's something I've talked about on other occasions that you see in Khazali, although bizarrely, you know, he he's very protean himself. 453 00:50:45,340 --> 00:50:53,200 But in this argument that he makes in the context of defending the [INAUDIBLE] against the claims of the Israelis, 454 00:50:53,200 --> 00:51:03,710 he he resorts to this idea of a common sense law firm saying that the Israelis claim you need to have this impeccable imam. 455 00:51:03,710 --> 00:51:09,500 In order to live a life pleasing to God and go, Karzai says, no, you don't. 456 00:51:09,500 --> 00:51:18,230 All you need is to have, you know, a basic sense of moral moral uprightness, not perfection. 457 00:51:18,230 --> 00:51:22,460 And then you can study the law and live reasonably by it. 458 00:51:22,460 --> 00:51:29,960 You don't need an impeccable man. You just sort of need sort of kind of what I call tongue in cheek, adequate amount of virtue. 459 00:51:29,960 --> 00:51:34,550 You don't need to have a sort of a perfect or superhero super heroic amount of virtue. 460 00:51:34,550 --> 00:51:42,050 Adequate virtue is more than enough and adequate virtue is present amongst any sort of normal community of human beings. 461 00:51:42,050 --> 00:51:49,790 And so that that has its own assumptions about human nature and about God and about what God demands of people. 462 00:51:49,790 --> 00:51:59,600 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, 463 00:51:59,600 --> 00:52:05,390 rulers or whatever, he doesn't talk about them being correct in their decisions. 464 00:52:05,390 --> 00:52:09,830 All he says is that their decisions should not be manifestly unjust. 465 00:52:09,830 --> 00:52:19,830 Right? So it's the same kind of idea. Again, tongue in cheek, I talk about Sunni political thought as a republic of adequate virtue. 466 00:52:19,830 --> 00:52:25,860 Right. That's sort of that that doesn't gerada adequate virtue, not not anything more, 467 00:52:25,860 --> 00:52:37,290 but the belief that human beings are capable of achieving that level, you know, on their own, essentially in a post world. 468 00:52:37,290 --> 00:52:42,690 This reminds me of Patricia Cronus remark about cynicism, about being, you know, 469 00:52:42,690 --> 00:52:50,970 let's just let's just do the best that we can kind of being the ethos of Sunni political thought, almost. 470 00:52:50,970 --> 00:52:57,450 But I wanted to hand over to Lina, you had a question directed towards you. 471 00:52:57,450 --> 00:53:02,850 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. 472 00:53:02,850 --> 00:53:10,500 OK, so thanks Ahmed, for your for your question. I wouldn't use the word religion to describe anything in pre-modern Islam. 473 00:53:10,500 --> 00:53:21,090 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? 474 00:53:21,090 --> 00:53:25,830 Yes, absolutely. I don't think that that's a stretch of the imagination. 475 00:53:25,830 --> 00:53:30,930 So that that's an easy answer, basically. Do you want me to answer the next question? 476 00:53:30,930 --> 00:53:33,270 I saw it. You mean Alex Hanley's question? 477 00:53:33,270 --> 00:53:40,200 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. 478 00:53:40,200 --> 00:53:43,660 I mean, in the sense of even Noujaim has mentioned some, 479 00:53:43,660 --> 00:53:51,270 you use the question of religion that comes up with Alex is also something that Russia and best he's talked about. 480 00:53:51,270 --> 00:53:56,430 He's in the Andrew. Much is obviously sort of for sovereignty and in the modern period. 481 00:53:56,430 --> 00:53:58,200 So I think there's. 482 00:53:58,200 --> 00:54:08,090 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. 483 00:54:08,090 --> 00:54:12,690 Lena, do you want me to read the question only just so that you can respond to it? 484 00:54:12,690 --> 00:54:15,060 I can read it. It's 15. Please do so. 485 00:54:15,060 --> 00:54:20,280 If religion is a problematic category for pre-modern history because it is a modern secular invention, what about politics? 486 00:54:20,280 --> 00:54:23,520 Do you think there may be problems with talking about Islamic politics? So. 487 00:54:23,520 --> 00:54:30,900 Timothy Fitzgerald very famously has written about this issue, and he rejects the category of politics for these reasons. 488 00:54:30,900 --> 00:54:37,410 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. 489 00:54:37,410 --> 00:54:42,000 So I gave you a trans historical, trans cultural definition of politics, 490 00:54:42,000 --> 00:54:48,750 not an essentialist one, but one that is that functions basically across time and place. 491 00:54:48,750 --> 00:54:55,320 And I made a distinction between secular politics and politics writ large. 492 00:54:55,320 --> 00:55:02,340 And what I said very specifically is that it's secular politics that distorts understandings of pre-modern Islamic political thought. 493 00:55:02,340 --> 00:55:07,380 So I don't have a problem with the category of politics itself. 494 00:55:07,380 --> 00:55:15,030 Can I if basically allow me to as well if I can just sort of pick up on the point that you've just made, Lina? 495 00:55:15,030 --> 00:55:22,110 I mean, do you have any thoughts on using categories that are indigenous to a tradition like Dean and saying 496 00:55:22,110 --> 00:55:28,470 that this is close enough to influence our understanding of how we should conceptualise religion? 497 00:55:28,470 --> 00:55:35,340 Kind of what Russian Embassy has done in his work as something akin to what I'm trying to do in Detroit as well. 498 00:55:35,340 --> 00:55:41,520 My article, decolonial translation, explains why the translation of Dean as religion is wrong, 499 00:55:41,520 --> 00:55:47,400 and it didn't begin until the modern era, and the usage of the word was understood to mean tradition or law. 500 00:55:47,400 --> 00:55:52,440 We can see this in translations of the Koran into Latin, into other European languages. 501 00:55:52,440 --> 00:55:56,190 In the middle people era was the word religion was not used. 502 00:55:56,190 --> 00:56:03,570 More importantly, the word religion. The concept of religion is a modern concept and is defined by second or ideology, which is a modern concept. 503 00:56:03,570 --> 00:56:10,380 So I've explained this in many articles, so I don't really want to go into this issue again. 504 00:56:10,380 --> 00:56:14,700 It's important for us to differentiate between concepts that are trans, 505 00:56:14,700 --> 00:56:20,070 historical and trans cultural and concepts that are actually modern and Eurocentric. 506 00:56:20,070 --> 00:56:25,920 And for me, having studied the history of secularism and the genealogy of religion, 507 00:56:25,920 --> 00:56:33,730 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. 508 00:56:33,730 --> 00:56:41,370 When there is an enormous amount of scholarship by very good scholars showing that the word religion, the concept of religion, not the word, 509 00:56:41,370 --> 00:56:46,710 because there's a difference between terms and concepts, but that the concept of religion can somehow be found in pre-modern texts. 510 00:56:46,710 --> 00:56:50,520 It cannot. But that's really not the point of today's discussion. 511 00:56:50,520 --> 00:56:57,370 So I would just say read my decolonial translation article and my blog post on Europe's centrism of secularism. 512 00:56:57,370 --> 00:57:04,950 Hey, can I just add, please? 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. 513 00:57:04,950 --> 00:57:07,220 I don't know. But this is why we disagree. 514 00:57:07,220 --> 00:57:12,490 I know we disagree with this, but I'm just going to just throw this out there for just for the benefit of others. 515 00:57:12,490 --> 00:57:21,360 Since this, this this came up. I think Jeffrey Stout has a very interesting series of lectures that he gave at a British university. 516 00:57:21,360 --> 00:57:25,960 I think the Gifford lectures on natural religion. 517 00:57:25,960 --> 00:57:33,180 This a series of lectures on natural religion where he certainly gives an alternative genealogy of the term religion, 518 00:57:33,180 --> 00:57:37,560 and he makes a distinction between religion and faith. 519 00:57:37,560 --> 00:57:44,360 And he identifies the idea of faith as being born in in that sort of. 520 00:57:44,360 --> 00:57:51,740 As being a particularly Protestant Reformation idea, which he says is a very distinct idea from religion. 521 00:57:51,740 --> 00:58:00,230 And he says religion, you find could go back to. Roman authors like Cicero, and that religion is just considered a virtue. 522 00:58:00,230 --> 00:58:10,760 That, you know, and even mediaeval writers prior to the Reformation recognise religion as a kind of civic virtue that is not particular to creed. 523 00:58:10,760 --> 00:58:15,890 Right? It's the Protestant Reformation that introduces this new idea of faith, 524 00:58:15,890 --> 00:58:23,660 which is sort of irrationally tied to conscious that the hands sort of the radical transformation of these things. 525 00:58:23,660 --> 00:58:27,620 Now I want one one final point in the Islamic context because, you know, 526 00:58:27,620 --> 00:58:35,270 I read I read Lena's essay very carefully to Hamdi and his definition of it in his encyclopaedic a chef. 527 00:58:35,270 --> 00:58:41,570 It's a lot of notes in his definition of in one of the definitions he mentioned is it? 528 00:58:41,570 --> 00:58:45,530 So it's not just it's not just law, it's not just practise. 529 00:58:45,530 --> 00:58:49,070 It's also subjective beliefs. But I don't want to go into all of this. 530 00:58:49,070 --> 00:58:54,770 I never denied that. But that's not the point. The point is whether you can divide those into separate categories. 531 00:58:54,770 --> 00:59:00,800 And it's the division that is modern and Eurocentric and a result of secularism didn't exist. 532 00:59:00,800 --> 00:59:06,590 A secular ideology. Any case, I don't want to get to that. 533 00:59:06,590 --> 00:59:12,520 Well, before you sort of muse, I'm going to direct the next question at you. 534 00:59:12,520 --> 00:59:16,040 OK, I come back to my own questions for both of you. 535 00:59:16,040 --> 00:59:20,930 But and if you have further questions, please feel free to jump in. 536 00:59:20,930 --> 00:59:24,590 So an anonymous attendee in this case, same professor father mentioned. 537 00:59:24,590 --> 00:59:32,240 I mentioned how pre-modern governance was suffering because of its ability to establish rule of law as opposed to vice versa. 538 00:59:32,240 --> 00:59:36,020 Does he liken that to modern the modern state in that regard? 539 00:59:36,020 --> 00:59:42,260 Postcolonial scholarship argues that the modern state typically establishes sovereignty by a monopoly of violence. 540 00:59:42,260 --> 00:59:46,100 How is that contrasted or likened to pre-modern Islamic governance? 541 00:59:46,100 --> 00:59:56,760 Well, you know, if you look at somebody like Mayawati. And his description of the incidents to the contract of the caliphate. 542 00:59:56,760 --> 01:00:06,220 He notes that having a monopoly over coercion more or less is a is a necessary incident of the contract. 543 01:00:06,220 --> 01:00:08,370 Now he doesn't use that phrase. 544 01:00:08,370 --> 01:00:20,980 What he says is that in contracting the caliphate, we agree to divest ourselves of the ability of enforcing the law, right? 545 01:00:20,980 --> 01:00:28,380 And so there is a distinct crime in Islamic law called IFTTT. Which more or less can be translated as vigilantism? 546 01:00:28,380 --> 01:00:33,570 Right? So again, but it's complicated because in some cases, 547 01:00:33,570 --> 01:00:40,500 jurist permits permit self-help if it can be done without a risk of violence where there is a 548 01:00:40,500 --> 01:00:46,020 risk of violence and it's forbidden and it can be punished even if it's substantively correct. 549 01:00:46,020 --> 01:00:51,300 So if you look at chapters on retaliation, the source right, 550 01:00:51,300 --> 01:00:57,720 at least the molecules are quite clear that you might have a lawful entitlement to exact vengeance on someone, 551 01:00:57,720 --> 01:01:02,190 but you can't do it until the person is actually convicted and you get permission of the ruler. 552 01:01:02,190 --> 01:01:14,730 Otherwise, you've committed a crime, right? So there is this idea that the state has a particular claim to rightful use of coercion, right? 553 01:01:14,730 --> 01:01:19,970 And that that's a necessary incident of sovereignty. But that's not the whole of it, right? 554 01:01:19,970 --> 01:01:25,190 Because it's got to be used in a lawful way. Right. 555 01:01:25,190 --> 01:01:34,240 And I mean, this would seem to make a fair amount of sense within the the logic of any kind of political enterprise or 556 01:01:34,240 --> 01:01:42,790 state enterprise that you if once you sort of like distribute those final decision making opportunities, 557 01:01:42,790 --> 01:01:50,560 you've distributed sovereignty to an extent that may, you know, begin to divide the identity of the state to a citizen. 558 01:01:50,560 --> 01:01:52,420 I don't know if you would agree with that, 559 01:01:52,420 --> 01:02:02,020 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. 560 01:02:02,020 --> 01:02:05,920 Well, I think what I would say in terms of dividing the and the identity of the state. 561 01:02:05,920 --> 01:02:11,050 I think the whole point of cut off his book is to show why that's not the case, 562 01:02:11,050 --> 01:02:18,790 because when people are actually exercising genuine sovereign authority, that means everybody else has to recognise it, right? 563 01:02:18,790 --> 01:02:22,570 And so when and this is at the highest level on the lowest level. 564 01:02:22,570 --> 01:02:31,510 So when the tax collector collects taxes and that decision is viewed as a valid exercise of sovereign power, 565 01:02:31,510 --> 01:02:36,910 then everybody else in the community has to recognise it and can't contests it on the ground. 566 01:02:36,910 --> 01:02:41,260 Well, I disagree with your interpretation of tax law, for example, right? 567 01:02:41,260 --> 01:02:48,420 And so despite the fact that sovereignty is distributed because it is sovereign. 568 01:02:48,420 --> 01:02:52,740 There's unity and universal recognition. At least according to the Karate. 569 01:02:52,740 --> 01:03:00,300 That's the whole point of of of giving it the legal authority of sovereignty, because now everybody is compelled to recognise it as final. 570 01:03:00,300 --> 01:03:04,500 Even if you disagree with it, that's what it means to have a sovereign authority. 571 01:03:04,500 --> 01:03:11,920 Your decision is recognised as valid and binding on everybody else. Thank you. 572 01:03:11,920 --> 01:03:18,520 So if you would like to ask anything, please feel free, but no, I you know, I was just reminded of some of, you know, 573 01:03:18,520 --> 01:03:30,430 a previous seminar in which leading you are very right made the argument that sovereignty was impersonal in pre-modern Islam, 574 01:03:30,430 --> 01:03:33,880 which seems to align with what Mohammed has said. But. Right. 575 01:03:33,880 --> 01:03:42,510 She also went further. You will recall to suggest that which I thought was very interesting that. 576 01:03:42,510 --> 01:03:50,790 What are the implications of this in personality? Had to do with the fact that even the offices. 577 01:03:50,790 --> 01:03:53,460 That can be variously sovereign and mammoth, as mentioned, 578 01:03:53,460 --> 01:04:02,520 the world may not be able to encompass the idea of it so that it is always possible for any individual 579 01:04:02,520 --> 01:04:13,620 to lay claim to a sovereign act in the absence of the of the action of the authorities concerned. 580 01:04:13,620 --> 01:04:22,530 And so I wanted to ask both Muhammad and Lina actually what room they see existing for. 581 01:04:22,530 --> 01:04:24,390 We don't have to use the term sovereignty. 582 01:04:24,390 --> 01:04:38,340 We can use, you know, authority political authority outside the designated offices of the Imam Wali, etc., Caliph Sultan. 583 01:04:38,340 --> 01:04:50,740 And this brings me back to my early, somewhat in jest, in a way suggestive of an anarchistic mode of politics. 584 01:04:50,740 --> 01:04:55,770 It has to it is impossible to think about legal, 585 01:04:55,770 --> 01:05:05,510 legitimate but not necessarily legal forms of either sovereignty or authority in this pre-modern world. 586 01:05:05,510 --> 01:05:10,580 Go ahead. Mm hmm. Well, I thought it was fair for you first. 587 01:05:10,580 --> 01:05:17,030 You know, I think this is what actually makes solid political thought very modern. 588 01:05:17,030 --> 01:05:22,550 So Martin Laughlin that in England I can I think he's at King's College London. 589 01:05:22,550 --> 01:05:25,340 He's a political theorist through constitutional affairs. 590 01:05:25,340 --> 01:05:30,770 He points out that it's an essential attribute of modern sovereignty, that it's always contestable. 591 01:05:30,770 --> 01:05:35,270 That's what makes it modern because it's based on a principle of legitimacy that is always contestable. 592 01:05:35,270 --> 01:05:47,480 And that is what gives Sunni political theory credible instability because it's always possible to challenge it as being unlawfully exercised. 593 01:05:47,480 --> 01:05:49,430 So a jurist that you know, 594 01:05:49,430 --> 01:05:57,380 I've read a lot when I was studying Maliki fifth in 18th century Maliki named after the dictator who was a very prominent Sufi, 595 01:05:57,380 --> 01:06:02,960 he is extremely anti ottoman. I mean, it's kind of shocking how anti-sodomy he is. 596 01:06:02,960 --> 01:06:12,980 He he in many of his many passages in his work, he says, You know, these are the rules that apply if there is a vacuum, right? 597 01:06:12,980 --> 01:06:18,200 But there isn't a hack and Sharia law in Egypt, right? And so this sort devolves. 598 01:06:18,200 --> 01:06:25,090 So this is the rule that applies, right? And so, yeah, I think. 599 01:06:25,090 --> 01:06:33,640 The other commentator is absolutely right that there is always this potential for someone to claim sovereignty because, 600 01:06:33,640 --> 01:06:38,500 as I said, the sovereign is immaterial, it's the Muslim community. That's an idea. 601 01:06:38,500 --> 01:06:42,190 It's not embodied in any person. No person can claim to embody it. 602 01:06:42,190 --> 01:06:45,920 Now one thing that I would just want to clear clarify this is only one tradition. 603 01:06:45,920 --> 01:06:53,260 This is the juridical tradition. The juridical tradition is impersonal, but at the same time, particularly after the Mongol invasion, 604 01:06:53,260 --> 01:07:02,380 you have a completely different ideas of political legitimacy that are coming from Central Asia that are very personalised, right? 605 01:07:02,380 --> 01:07:10,240 And I think the Ottomans have a lot of sort of schizophrenia and they're, you know, they're they're they're legitimate. 606 01:07:10,240 --> 01:07:14,560 The tactics of modern legitimation they employ. Right? 607 01:07:14,560 --> 01:07:18,970 Hussein Yilmaz, who's in the audience, was one of our speakers who, you know, 608 01:07:18,970 --> 01:07:25,240 spoke precisely to this, you know, the Ottoman claiming of the caliphate and what it entailed. 609 01:07:25,240 --> 01:07:37,290 But Lina? Yeah, so I think we do agree that political authority was something that was the object of competition interaction overlap, 610 01:07:37,290 --> 01:07:45,510 that there were multiple groups, not only jurists but other types of scholars who were competing for four forms of political authority. 611 01:07:45,510 --> 01:07:51,000 I wouldn't. I mean, I always get uncomfortable when I hear centralisation. 612 01:07:51,000 --> 01:07:57,810 So the claim that somehow modern sovereignty is contestable as if pre-modern sovereignty was not would for me be 613 01:07:57,810 --> 01:08:04,680 problematic because I think that what we should always do is look comparatively and contextually and historically. 614 01:08:04,680 --> 01:08:11,500 And so nothing that I've said today about the Islamic tradition is specific really to the Islamic tradition. 615 01:08:11,500 --> 01:08:15,870 I mean, there are analogies or comparisons that I can make to the Jewish tradition. 616 01:08:15,870 --> 01:08:19,170 There are things that I could say that are similar about other traditions. 617 01:08:19,170 --> 01:08:24,840 And the key issue is the ways in which the isolation of the Islamic tradition as the 618 01:08:24,840 --> 01:08:30,720 contemporary liberal antithesis then imparts the narrative in a particular way. 619 01:08:30,720 --> 01:08:36,510 So part of what I was pushing back against when I made the comments about the church versus state and allotment 620 01:08:36,510 --> 01:08:44,100 of the narrative is that the old map the scholars have become like this kind of cemented church configuration, 621 01:08:44,100 --> 01:08:47,580 and we hear it also with the ways in which we constantly hear the great men there, 622 01:08:47,580 --> 01:08:51,780 like the popes, like we hear the names of these great male scholars constantly. 623 01:08:51,780 --> 01:08:56,550 And actually, the picture in the pre-modern context is far more diffusive. 624 01:08:56,550 --> 01:08:59,280 There's a lot more people competing, 625 01:08:59,280 --> 01:09:07,050 and it isn't the case that it's now where the Ordway or others who are defining what political thought is for the entire society. 626 01:09:07,050 --> 01:09:10,830 There's actually all of these jurists and all of these low level bureaucrats and all of these 627 01:09:10,830 --> 01:09:15,570 other people who are participating in this process and they have certain claims and the killers, 628 01:09:15,570 --> 01:09:21,200 of course, and they have certain claims to political authority that have to be recognised, I think. 629 01:09:21,200 --> 01:09:30,920 If I can sort of briefly kind of ask Lina yourself a question, but it ties in with something I want, says Mohammed as well. 630 01:09:30,920 --> 01:09:35,420 And to a certain extent, it ties in with, you know, the work of another colleagues. 631 01:09:35,420 --> 01:09:41,390 Andrew marches on the sort of Zoom call, which is that you have, you know, 632 01:09:41,390 --> 01:09:49,040 also the way in which contemporary Muslim to draw on that tradition in order to legitimise certain types of practises. 633 01:09:49,040 --> 01:09:56,060 So. And this is where I struggle a little with sort of a critical theoretical approach or whether it's, 634 01:09:56,060 --> 01:09:58,820 you know, deconstruction or structural ism and so on, 635 01:09:58,820 --> 01:10:08,120 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, 636 01:10:08,120 --> 01:10:13,910 I appreciate, you know, your sort of desire to really take the sledgehammer to whenever possible. 637 01:10:13,910 --> 01:10:24,140 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, 638 01:10:24,140 --> 01:10:31,850 authoritarian rulers who draw in the Islamic tradition also to construct their own sort of stories of legitimacy, 639 01:10:31,850 --> 01:10:35,210 what sort of constructive stories are possible to like? 640 01:10:35,210 --> 01:10:45,470 What is your thoughts on the way in which someone like Andrew much provides this great man history narrative, admittedly of the rise? 641 01:10:45,470 --> 01:10:49,190 And you know, this is a question to Mohammed as well. 642 01:10:49,190 --> 01:10:59,780 The invention, as Andrew puts it, of sovereignty, a sovereignty of the people as a modern idea that then legitimate democratic sort of practise, 643 01:10:59,780 --> 01:11:08,000 which many of us would think is very important actually in the sort of in the Muslim world considering certain circumstances. 644 01:11:08,000 --> 01:11:15,050 Although, I mean, taking into consideration the problems that are endemic to democracy as practised in the West, 645 01:11:15,050 --> 01:11:20,450 which someone say colourfully describes as Western plutocracy rather than Western democracy. 646 01:11:20,450 --> 01:11:26,930 Bearing that in mind, what sort of constructive projects are possible and what do you think of this kind of narrative of the 647 01:11:26,930 --> 01:11:32,090 creation of a sovereignty of the people is that that's something I actually hear resonances in what Mohamed, 648 01:11:32,090 --> 01:11:39,180 you've said today. OK, so first, I have to make a comment as a critical theorist, 649 01:11:39,180 --> 01:11:48,930 that this kind of critique of critique is being only deconstructive is problematic when it's not actually based on specific examples. 650 01:11:48,930 --> 01:11:53,520 So all of my work is both deconstructed and reconstructive. 651 01:11:53,520 --> 01:11:59,040 The odd number of chapters of my book are deconstructed. The even number of chapters are reconstructed. 652 01:11:59,040 --> 01:12:05,520 When I talked about the charity taxation, I gave you a deconstructive perspective on this category of religion. 653 01:12:05,520 --> 01:12:14,040 And I reconstructed the category of citizenship. When I talked about the macro history, I gave you a reconstructed macro history first, 654 01:12:14,040 --> 01:12:18,540 and then I deconstructed and told you that the church versus state narrative was problematic. 655 01:12:18,540 --> 01:12:25,260 So to begin with, I have to say I think that what happens a lot with audiences and a lot of readers, especially in Islamic studies, 656 01:12:25,260 --> 01:12:33,270 is that they become so uncomfortable by the deconstructed aspects that they become blind to all of the reconstruction I'm doing. 657 01:12:33,270 --> 01:12:37,740 And so first, it's there's always reconstruction. That's part of it. 658 01:12:37,740 --> 01:12:47,220 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, 659 01:12:47,220 --> 01:12:53,190 in my case, legal thought, I've done that very explicitly in my article comparing Islamic international laws of war. 660 01:12:53,190 --> 01:13:01,110 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, 661 01:13:01,110 --> 01:13:07,830 but the kind of modern dynamics that you're talking about with the articulation of those modern dynamics has to be based, 662 01:13:07,830 --> 01:13:11,370 from my perspective, on analytically rigorous concepts. 663 01:13:11,370 --> 01:13:18,060 And so what I see in the scholarship on moderate Islamist politics is a lot of decentralisation, 664 01:13:18,060 --> 01:13:27,300 a lot of conflation of orthodoxy with the Islamic tradition, a lot of inability to differentiate different concepts and categories. 665 01:13:27,300 --> 01:13:36,390 So when contemporary actors draw upon the tradition, as I said in my talk, they are making interpretations of that history. 666 01:13:36,390 --> 01:13:40,920 They're not necessarily narrating to you historical facts. There's a difference between what we, 667 01:13:40,920 --> 01:13:48,900 as scholars do and what historical actors or historical agents claim they are doing or contemporary actors or agents are doing. 668 01:13:48,900 --> 01:13:53,280 But we have to be critical in our assessment of what they claim to be doing. 669 01:13:53,280 --> 01:14:01,590 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, 670 01:14:01,590 --> 01:14:12,390 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, 671 01:14:12,390 --> 01:14:17,970 basing themselves on the shaky foundations of misunderstandings of pre-modern Islamic political thought. 672 01:14:17,970 --> 01:14:24,540 And so what I pointed out is certain ways in which they make presumptions about a church versus state controversy. 673 01:14:24,540 --> 01:14:33,000 They make presumptions about the applicability of the category of religion that then has implications for how they're assessing modern Islamic law. 674 01:14:33,000 --> 01:14:38,350 Thank you. First of all, I think all acts of construction. 675 01:14:38,350 --> 01:14:44,860 Are Intel creative destruction? Yes. 676 01:14:44,860 --> 01:14:51,610 And you don't even need to be a modern Muslim to see that, I mean, if you look at the work of a 5th century jurist, 677 01:14:51,610 --> 01:14:57,250 the way they read, they read their forebears from three centuries earlier. 678 01:14:57,250 --> 01:15:01,060 I would describe it as acts of creative creative destruction, right? 679 01:15:01,060 --> 01:15:06,950 The Schopenhauer, for instance, right? You're you're transforming your material as you're as you're reproducing it. 680 01:15:06,950 --> 01:15:13,550 So I don't worry so much about whether modern thinkers are. 681 01:15:13,550 --> 01:15:21,040 Distorting some kind of historical past. I mean, I think that's inevitable. 682 01:15:21,040 --> 01:15:25,250 In in what constructive work is all about, right? 683 01:15:25,250 --> 01:15:35,150 Because you're always speaking to your own moment. And the question is, are you using, as you know, from from a constructive perspective? 684 01:15:35,150 --> 01:15:41,620 Are you? Are you working creatively with your materials? Is it something that looks like? 685 01:15:41,620 --> 01:15:45,970 Is it going to be something that at the end of the day, people are going to look and say, Wow, 686 01:15:45,970 --> 01:15:51,940 this is this is a beautiful work of of of a theory, for example, coming talking about theories. 687 01:15:51,940 --> 01:15:57,010 Or is it like a Frankenstein or is just put together? 688 01:15:57,010 --> 01:16:00,070 You also say something that modern Islamic law? What's the problem with? 689 01:16:00,070 --> 01:16:07,330 It still feels it's an aesthetic criticism that it doesn't look like a a well ordered system of law. 690 01:16:07,330 --> 01:16:14,800 That's so there's a kind of repulsion to it for somebody that has a juristic aesthetic, right? 691 01:16:14,800 --> 01:16:24,130 And so a construction is successful when people sort of look at it and see it as, Oh, this is a this is an integrated whole. 692 01:16:24,130 --> 01:16:31,110 It seems to work together. It's not really. It doesn't succeed because it's reflecting accurately the past. 693 01:16:31,110 --> 01:16:40,680 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. 694 01:16:40,680 --> 01:16:49,350 Right. And I think that's a that's a, you know, a critical thing for now is, say, as a Muslim intellectual, it's really important. 695 01:16:49,350 --> 01:16:57,180 I mean, part of being colonised is that you are not entitled to actually engage in re appropriations of your past. 696 01:16:57,180 --> 01:17:01,380 I mean, I'm an American. I'm in a Canadian understated law school. 697 01:17:01,380 --> 01:17:09,180 My colleagues still do. Anglo-American law are perfectly entitled to talk about the common law as you know, 698 01:17:09,180 --> 01:17:15,570 and go back for hundreds of years for finding rule of law, right like the Magna Carta. 699 01:17:15,570 --> 01:17:21,360 I mean, we really believe this myth that our modern liberties come from the Magna Carta five, whatever. 700 01:17:21,360 --> 01:17:29,100 Right? But why is it somehow outrageous when contemporary Muslim thinkers seek to appropriate their own tradition? 701 01:17:29,100 --> 01:17:39,510 Why is that then sort of characterised as the most reactionary project on the planet that must be bombed out of existence? 702 01:17:39,510 --> 01:17:47,850 I mean, literally. Right. And so there is a, I think, a real politics to this right? 703 01:17:47,850 --> 01:17:53,130 That there has to be space for legitimate Muslim constructivism, right? 704 01:17:53,130 --> 01:17:57,480 I mean, criticise it in the way you would criticise anything else, 705 01:17:57,480 --> 01:18:02,700 but it's just it's just it's kind of crazy when you think about the fact that people 706 01:18:02,700 --> 01:18:10,430 really think you're going to solve terrorism by banning it in this time of year. Seriously, let's just think about that, right? 707 01:18:10,430 --> 01:18:14,780 I mean, serious people actually believe this. Right. 708 01:18:14,780 --> 01:18:18,830 And so if you re if you take in the time here seriously, you engage with them. 709 01:18:18,830 --> 01:18:25,490 As a Muslim, you are actually taking the risk of being identified as an extremist and a terrorist. 710 01:18:25,490 --> 01:18:32,930 And this is kind of insane. These reflect the sorts of constraints, of course, which we've been working on to, 711 01:18:32,930 --> 01:18:39,260 you know, in a very striking way for the last 22 years, 20 plus years. 712 01:18:39,260 --> 01:18:46,190 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 713 01:18:46,190 --> 01:18:54,170 decolonial theory that we live in the sort of like shadow of 500 years of colonialism. 714 01:18:54,170 --> 01:19:03,170 And in many respects, everyone here is extremely privileged to have always been a, you know, esteemed, 715 01:19:03,170 --> 01:19:10,460 globally recognised universities, but we're also complicit in that sort of process of colonisation. 716 01:19:10,460 --> 01:19:21,440 And that's it. I really sort of like, I'm heartened by your complaint, Mohammed, that you know, 717 01:19:21,440 --> 01:19:31,130 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. 718 01:19:31,130 --> 01:19:35,420 I had sort of other questions and reflections, but I'm a bit conscious of time. 719 01:19:35,420 --> 01:19:41,270 We've got six minutes left. I did want to ask if anyone has any final questions, please feel free to ask. 720 01:19:41,270 --> 01:19:48,020 I didn't want to hear Gemini's the remainder of the discussion. So really up to up to you. 721 01:19:48,020 --> 01:20:03,540 What we do next? No, I just think if there are no further questions, I mean, in a way, what do you know, what's come up in the last few comments has? 722 01:20:03,540 --> 01:20:15,040 Is the issue of context in thought and whether it is the great man theory or what? 723 01:20:15,040 --> 01:20:25,850 What can contemporary intellectuals, actually? Constructively get from there past, you know, these questions seem to circle around, if you will. 724 01:20:25,850 --> 01:20:36,260 Quentin Skinner Can the claim of context be absolutely crucial for thinking about political thought? 725 01:20:36,260 --> 01:20:45,760 And of course, in some ways this by default renders everything that's non Western European illegitimate. 726 01:20:45,760 --> 01:20:57,090 It cannot be described as political thought, because the very often the the. 727 01:20:57,090 --> 01:21:03,670 The intellectual context is fragmented. People are not reading the same things. 728 01:21:03,670 --> 01:21:10,370 There's been a gap. All of those things now as mom would suggest whether or not actually even Western European political, 729 01:21:10,370 --> 01:21:18,730 what can be understood realistically as being wedded to a context in the way that's going to suggest this is a separate question, 730 01:21:18,730 --> 01:21:28,930 but I wonder whether. Context taken in that sentence might actually prove to be counterproductive. 731 01:21:28,930 --> 01:21:34,660 You know, how might it be possible to think about political thought in a way that is not bounded? 732 01:21:34,660 --> 01:21:43,000 Which is not to say that we don't a historic size or that we don't do what leader very correctly says we should do, 733 01:21:43,000 --> 01:21:50,590 which is make the distinctions between pre-modern and modern, past and future, 734 01:21:50,590 --> 01:21:57,470 etc. as visible as we possibly can, but rather that even if we are thinking about, say, 735 01:21:57,470 --> 01:22:07,930 either pre-modern or modern of intellectual history or political thought without having to translate from one to the other, 736 01:22:07,930 --> 01:22:18,760 the fact that we don't necessarily have a canary and type context of continuous or apparently continuous thinking, 737 01:22:18,760 --> 01:22:22,240 it might pose a problem, but it might actually be an opportunity as well. 738 01:22:22,240 --> 01:22:29,620 And I just wonder sometimes whether some approaches to thinking about great men and they are always men. 739 01:22:29,620 --> 01:22:43,700 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. 740 01:22:43,700 --> 01:22:52,730 In a minimal way around an individual, because it's not so available in a in a more general form anyway. 741 01:22:52,730 --> 01:22:59,740 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. 742 01:22:59,740 --> 01:23:07,040 So I is I take your point completely, which is that there's always a certain amount of danger to contextualisation because where 743 01:23:07,040 --> 01:23:11,930 does the contextualisation end and what contextualisation is included and what's excluded, 744 01:23:11,930 --> 01:23:16,850 right? Because it's actually an act. It's not a passive sort of thing. 745 01:23:16,850 --> 01:23:22,130 It's it's it's constructive in a very clear way when you define what a context is. 746 01:23:22,130 --> 01:23:31,500 But I use contextualisation to mean historicism and in my case, specifically radical historicism as a way of understanding genealogy. 747 01:23:31,500 --> 01:23:36,860 So as I think Faisal and I agree, religion has a colonial genealogy. 748 01:23:36,860 --> 01:23:41,900 We know that the concept of religion was disseminated throughout the world through colonialism, 749 01:23:41,900 --> 01:23:45,890 and so rejecting the category of religion is an anti-colonial move. 750 01:23:45,890 --> 01:23:51,620 This is why decolonial theorists recognise religion like the categories of race, 751 01:23:51,620 --> 01:23:56,340 ethnicity and gender were articulated in colonial contexts in particular ways. 752 01:23:56,340 --> 01:24:00,620 But there is a question in the Q&A that I'm going to try to answer please. 753 01:24:00,620 --> 01:24:03,110 That's OK. We come to the conclusion. Yeah. 754 01:24:03,110 --> 01:24:10,790 So the question is basically what does that contemporary Western Academy specifically in terms of who works on Islamic legal theory, 755 01:24:10,790 --> 01:24:19,520 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, 756 01:24:19,520 --> 01:24:23,990 legal theory or scholars who work on Islamic law basically don't have critical theory training. 757 01:24:23,990 --> 01:24:27,500 So there is no critical theory in the study of Islamic law. 758 01:24:27,500 --> 01:24:31,310 Today, they're there basically isn't anything so missing. 759 01:24:31,310 --> 01:24:37,970 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, 760 01:24:37,970 --> 01:24:42,380 then there's going, you're going to reach an impasse very quickly where you don't have a place to agree. 761 01:24:42,380 --> 01:24:51,690 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. 762 01:24:51,690 --> 01:24:58,490 As appropriate, the time as any to actually close the discussion with Osama, if you do us a favour. 763 01:24:58,490 --> 01:25:02,320 Sure. And I apologise if my three year old in the background makes a bit of noise, 764 01:25:02,320 --> 01:25:13,810 but I really am grateful to both of you for a at times rather spirited discussion and I think all the better for it. 765 01:25:13,810 --> 01:25:20,110 And I look forward to you both sort of joining us in person at some point. 766 01:25:20,110 --> 01:25:25,120 I mean, in the case of, you know, we have the pleasure of having you for a few more years. 767 01:25:25,120 --> 01:25:30,310 And I also wanted to just say that this is the last of this term's seminar series. 768 01:25:30,310 --> 01:25:36,910 We're going to resume with another five seminars next term. These will be advertised, I hope, within the next couple of weeks. 769 01:25:36,910 --> 01:25:38,290 So please keep your eyes open for that. 770 01:25:38,290 --> 01:25:47,470 If anyone is interested in watching the RE recordings, please go to the YouTube channel for the Middle East Centre, Oxford. 771 01:25:47,470 --> 01:25:54,160 They will be put up there. And if you'd like to be on the mailing list, obviously have a look at the St. Anthony's College website. 772 01:25:54,160 --> 01:25:55,450 The events will be up. 773 01:25:55,450 --> 01:26:04,240 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. 774 01:26:04,240 --> 01:26:09,430 But thank you very much and thank you, Faisal, for really sort of bringing this together. 775 01:26:09,430 --> 01:26:18,100 You know, suggesting this as an idea. So is Faisal, 18. He was the evil mastermind behind all of this and very much appreciated. 776 01:26:18,100 --> 01:26:23,260 And thank you, everyone for your attendance and participation. Thank you all. 777 01:26:23,260 --> 01:26:27,460 Very nice to see you, Mohammed Lila, and I hope to meet soon. Yes. 778 01:26:27,460 --> 01:26:40,154 Have a great day, everybody. Thank you. Hey, can I buy?