1 00:00:05,760 --> 00:00:14,130 Welcome all to this, the third session of the political talk seminar sponsored by the Middle East Centre at St. Anthony's College, Oxford. 2 00:00:14,130 --> 00:00:21,330 My name is Faisal BBG and I am convening the seminar along with my colleague at the Middle East Centre and at the Oriental Institute, 3 00:00:21,330 --> 00:00:27,900 was summoned as to me. Let me introduce our two speakers for today, who will be speaking on the theme of sovereignty. 4 00:00:27,900 --> 00:00:37,200 First, we have an original, very senior fellow at the Institute for Advanced Studies at Central European University and very recently, 5 00:00:37,200 --> 00:00:46,410 Oxford and Islamic Centre Visiting Fellow, the author of two wonderful books Advice for the Sorbonne Prophetic Voices. 6 00:00:46,410 --> 00:00:53,670 Secular Politics Seem to be about Islam and the future of Iran's past and Islam of Mulk remembered. 7 00:00:53,670 --> 00:00:59,880 She will be speaking first for 20 minutes and will be followed by Sam UTube, 8 00:00:59,880 --> 00:01:08,190 assistant professor of law and Middle Eastern Studies at the University of Texas at Austin Law School, 9 00:01:08,190 --> 00:01:14,820 author of the important book Law Empire and the Sultan Ottoman Imperial Authority, 10 00:01:14,820 --> 00:01:24,030 and later Hanafi Jurisprudence, whose new project is on making Islamic law relevant. 11 00:01:24,030 --> 00:01:29,730 And Sammy will be speaking immediately following again for another 20 minutes, 12 00:01:29,730 --> 00:01:41,460 after which we will have a discussion and audience members are encouraged to write up their questions, either in the Q&A box or in the chat box. 13 00:01:41,460 --> 00:01:47,010 And I will come to them when we're done with the presentations, and if they're unable to do that, 14 00:01:47,010 --> 00:01:52,680 they can raise their hand function and I might call on on those who do so. 15 00:01:52,680 --> 00:01:57,260 And so Negin, over to you. Thank you very much. 16 00:01:57,260 --> 00:02:05,840 Based on Oxford and Osama organising the seminar very much, look forward to your comments, everyone. 17 00:02:05,840 --> 00:02:15,620 My talk is going to be me. It's called Islamic imperatives and Islamic rulers, and it the focus is on the way in which we study sovereignty. 18 00:02:15,620 --> 00:02:21,320 We can study sovereignty in the pre-modern Islamic world. 19 00:02:21,320 --> 00:02:31,160 Richard Tucks, the sleeping sovereign criticises Russo's claim that by not having sufficiently distinguish a sovereign from the government, 20 00:02:31,160 --> 00:02:38,990 all previous writers. This is Russo claiming all previous writers have failed to understand the democratic constitution 21 00:02:38,990 --> 00:02:45,530 suggesting and Richard talks criticises Russo to say that this must be taken with a grain of salt. 22 00:02:45,530 --> 00:02:52,310 But the first formulation of the distinction is instead is not resolved, but rather with John Wooden himself. 23 00:02:52,310 --> 00:03:00,530 Now Rousseau dies in 1778, John Wooden in 50 96 and uncorks claim and by way of introduction, 24 00:03:00,530 --> 00:03:05,220 I wish to direct you to a passage from Evan Calhoun's celebrated Almog. 25 00:03:05,220 --> 00:03:08,420 The author discusses the meaning of the caliphate and they will. 26 00:03:08,420 --> 00:03:18,020 Calhoun, of course, dies in 14 or six. Sovereignty rights is premised on social association and necessity for mankind. 27 00:03:18,020 --> 00:03:25,430 It requires subjugation and force, which are signs of mankind's aggressive and animalistic nature. 28 00:03:25,430 --> 00:03:29,600 The commands of its possessor, the possessor of sovereignty that is, 29 00:03:29,600 --> 00:03:35,630 will therefore deviate from what is right and undermine the worldly interests of his subjects, 30 00:03:35,630 --> 00:03:43,100 where he will force upon them his own objectives and ambitions, which may suppress what they are willing to bear. 31 00:03:43,100 --> 00:03:48,140 The situation will differ in response to the ambitions of different generations. 32 00:03:48,140 --> 00:03:52,820 Compliance will be undermined as a result in disobedience would reach its head, 33 00:03:52,820 --> 00:03:57,530 causing chaos and bludgeon distinction between a ruler and sovereignty. 34 00:03:57,530 --> 00:04:06,140 Here between monarch and its possessor, and indeed between sovereignty and state is central to avocadoes discussion of the caliphate. 35 00:04:06,140 --> 00:04:12,080 And importantly, Evan Calhoun is not an outlier in the annals of Islamic political thought. 36 00:04:12,080 --> 00:04:18,080 Sometime between April and September 2500 in a small town in Iran, 37 00:04:18,080 --> 00:04:25,070 the aristocrat turns 14:00 along Dolly, Asim Noni wrote in Arabic, tweeted Alwaleed. 38 00:04:25,070 --> 00:04:37,670 Assorted caddied job title muddied the inspiration, refuting the rebels sophistry, ostensibly to refute the philosophical method. 39 00:04:37,670 --> 00:04:45,230 In it, he wrote, The sovereignty of every sultan and hear the word he used is the phrase Simoni. 40 00:04:45,230 --> 00:04:57,770 Use this sultan achool slogan. Proceeds from his that is God's command who will command and the justice of every king proceeds from his God's justice. 41 00:04:57,770 --> 00:05:04,790 He installed them as Vice Gerrans, headed by monkeys preachers for the well-being of bears in the mundane world. 42 00:05:04,790 --> 00:05:17,380 According to his wisdom and by means of his wisdom, he God does what he God wishes and decides what God wants. 43 00:05:17,380 --> 00:05:24,070 Sean Anthony has re-examined the of the book in early Islamic political discourse, 44 00:05:24,070 --> 00:05:33,340 suggesting that it cannot merely be seen as the antithesis of an earlier hateful ideal a caliphate on the model of prophecy, 45 00:05:33,340 --> 00:05:37,630 rather in the discourse of the war on an early Muslim piety. 46 00:05:37,630 --> 00:05:48,500 Anthony hits your look with a capacious term that embraces ideas such as sovereignty and dominion in both its human and divine instantiation. 47 00:05:48,500 --> 00:05:57,530 In this regard, the etymology of malt resonates loudly and clearly with the etymology of sovereignty in Bhutan's own usage. 48 00:05:57,530 --> 00:06:09,300 I studied by talk and many others. Well done, celebrity celebrity status aetiologies of sovereignty also rests on his taxonomic innovation, 49 00:06:09,300 --> 00:06:15,840 he declared, contrary to all the doctrines of jurisprudence and scholars who have misunderstood the real issue, 50 00:06:15,840 --> 00:06:24,570 the Miram Imperium of Roman law did not belong either to the prince or to the officers and agents of the state or to anybody else. 51 00:06:24,570 --> 00:06:30,600 It belonged rather to the impersonal state, and because it was a distinct species of power, 52 00:06:30,600 --> 00:06:35,850 it deserved to be called by a unique name that can only be attributed to the state. 53 00:06:35,850 --> 00:06:40,820 It was no longer to be called simply imperium, but rather sovereignty. 54 00:06:40,820 --> 00:06:47,600 And sovereignty is comprised of the power for Wooden to appoint and dismiss the officers and to get laws to everyone. 55 00:06:47,600 --> 00:06:54,590 Furthermore, the distinction without delineates also entails a concept of perpetual sovereignty or power, 56 00:06:54,590 --> 00:07:04,080 thus distinguishing between the underlying location of sovereignty and the form that governmental power might take at any particular moment. 57 00:07:04,080 --> 00:07:08,960 But how is sovereignty conceptualise if separated from the state? 58 00:07:08,960 --> 00:07:12,290 Another example will illustrate the point. 59 00:07:12,290 --> 00:07:21,990 One telling anecdote in Seattle Moonlight, a late 11th century miracle princess by the famously powerful missing look busier to 2000, 60 00:07:21,990 --> 00:07:30,260 Sultan's features a wronged man for whom justice was recovered by a humble killer in Bangkok. 61 00:07:30,260 --> 00:07:37,910 Taylor was well known for his unfettered access to the Caliph, having successfully intervened on the wrong man's behalf. 62 00:07:37,910 --> 00:07:44,170 The Taylor set out to explain how his direct line to the cave had come about. 63 00:07:44,170 --> 00:07:51,040 He says no, that I have proclaimed the hours of prayer from the minaret of this mosque for 30 years. 64 00:07:51,040 --> 00:08:00,880 I'm a tailor by trade. I have never drunk wine. Never indulge in adultery and sodomy and never approve of improper acts. 65 00:08:00,880 --> 00:08:09,640 Now in this street is the house of an emir. One day after the afternoon prayer, I left the mosque to come back to this shop. 66 00:08:09,640 --> 00:08:15,250 I saw the emir coming along in a drunken state, holding on to a young woman's veil. 67 00:08:15,250 --> 00:08:20,740 He was dragging her by force, and she was crying for help and saying, All Muslims rescue me. 68 00:08:20,740 --> 00:08:28,060 I'm not a woman of this sort. This Turk is presumptuously and forcibly carrying me off with mischievous intent. 69 00:08:28,060 --> 00:08:35,540 Moreover, my husband just sworn to divorce me if I'm ever away from this house at night, according to the. 70 00:08:35,540 --> 00:08:41,560 Bystanders did not dare to intervene for the trip was well placed and notorious for its cruelty. 71 00:08:41,560 --> 00:08:44,170 The tale could not tolerate the piety. 72 00:08:44,170 --> 00:08:50,950 He gathered a bunch of men and they marched to the commander's house, evoking the duty of commanding right and forbidding pulling. 73 00:08:50,950 --> 00:08:56,710 The men yelled out. You think there is no Muslim left in Baghdad? How dare you write under the candidate's nose? 74 00:08:56,710 --> 00:09:05,010 Drag a pious woman to your house to stand with her. Either hand this woman to us right now, or we shall take her grievance to almost nothing. 75 00:09:05,010 --> 00:09:11,460 The Abbasid, the network paid no heat and ordered his men to beat up the poorest protesters. 76 00:09:11,460 --> 00:09:15,840 The Watson Come Taylor returned home, but he could not sleep. 77 00:09:15,840 --> 00:09:18,690 He knew that it was too late to save the woman's honour, 78 00:09:18,690 --> 00:09:24,720 but he still had the time to prevent her from staying out all night and keep the abduction a secret from her husband. 79 00:09:24,720 --> 00:09:28,680 He decided to announce the call to prayer at once instead of a dawn, 80 00:09:28,680 --> 00:09:33,150 thinking that the debauched truck would not realise the time and let the woman go. 81 00:09:33,150 --> 00:09:38,430 Caleb was awake, however, and was disturbed by the untimely call to prayers. 82 00:09:38,430 --> 00:09:46,320 He sent out his Chamberlain to look for the perpetrator of this growth, Londoner who had summoned the populace to prayer. 83 00:09:46,320 --> 00:09:50,850 Well before it's that time the and was taken to the Caliph. 84 00:09:50,850 --> 00:09:53,940 Once it informed of the Turks conduct, 85 00:09:53,940 --> 00:10:02,400 the Caliph sent for the Turkic emir and had him put in a sack and thrashed until there was not a single bone left unbroken in his body. 86 00:10:02,400 --> 00:10:06,860 The sack was then thrown into the Tigris. On the surface, 87 00:10:06,860 --> 00:10:12,110 the anecdote suggests there's a lone wolf who had been removed from his position by the king a short while after 88 00:10:12,110 --> 00:10:18,740 penning his memoir was disaffected with the South jokes and therefore did not think much of jokes in general. 89 00:10:18,740 --> 00:10:26,150 But there's a subtle twist to the story's conclusion. When the drunken trooper is brought to the caliph caught to the Empire's Turk, 90 00:10:26,150 --> 00:10:32,330 the Caliph is to have said one in my policy, toward my subject and toward Islam. 91 00:10:32,330 --> 00:10:38,140 Have you seen that is impelled you to perform such deeds? 92 00:10:38,140 --> 00:10:42,790 Have I manifested laxity in religious matters or oppression? 93 00:10:42,790 --> 00:10:45,490 The moral of the anecdote is motivated. 94 00:10:45,490 --> 00:10:54,340 On the one hand, it is a clarion call for the hapless Caleb to attend to his duties and protect Muslims from the pious Turks. 95 00:10:54,340 --> 00:11:03,280 On the other hand, ignore wise vigilance, a state requisite a good rulership as a voice and mirrors for princes across the globe. 96 00:11:03,280 --> 00:11:06,400 But it is not the Caleb that possesses vigilance. 97 00:11:06,400 --> 00:11:15,190 It is Islam that acts to right wrongs and deliver the common good with the Muslim as the vessel through which Islam acts in history. 98 00:11:15,190 --> 00:11:25,670 What is such the innocuous anecdote about a humble Kaito who stands up to the mighty general reflects the book's views on the political order. 99 00:11:25,670 --> 00:11:34,060 It is not the bosses who are glorified, but Islam itself upheld as the ideology of the state. 100 00:11:34,060 --> 00:11:37,540 The closing of the anecdote is instructive. 101 00:11:37,540 --> 00:11:45,160 There are many stories of this guy I have related this much in order that the master of the world, the subject sultan that is, 102 00:11:45,160 --> 00:11:52,300 may know how cadets in kings have always guarded the sheep from the wolves, how they have kept the visuals in check. 103 00:11:52,300 --> 00:12:00,670 What precautions they have taken against evildoers. And how they have strengthened, upheld and cherished Islam in this schema. 104 00:12:00,670 --> 00:12:09,130 The ruler lives in kings or the arms of the state. They act or should act to protect the people and protectors and the common good. 105 00:12:09,130 --> 00:12:13,330 But the ruler both represents Islam and is accountable to it. 106 00:12:13,330 --> 00:12:19,230 The practise of justice, which promotes the common good, is the upholding of Islam. 107 00:12:19,230 --> 00:12:26,370 It is clear from these and countless other examples that we just don't have time to attend to in this forum. 108 00:12:26,370 --> 00:12:29,790 But the stop, the study of sovereignty in Islamic history, 109 00:12:29,790 --> 00:12:36,060 perhaps even a conceptual history of sovereignty, soccer is not so much from a lack of a consistent, 110 00:12:36,060 --> 00:12:45,450 traceable history, but rather the unbridgeable gap that separates pre-modern political thought from its modern counterpart. 111 00:12:45,450 --> 00:12:56,270 As true for true for political thought produced in in in the Islamic world, as it is with scholarship on the topic undertaken in the Western Academy. 112 00:12:56,270 --> 00:13:00,710 We're all that matters, Islamic political thought is studied in translation. 113 00:13:00,710 --> 00:13:03,050 On the one hand, and as generally recognised, 114 00:13:03,050 --> 00:13:10,460 most of the scholarship produced on global thought traces the trajectory and impact of war on European ideas and concepts 115 00:13:10,460 --> 00:13:18,260 as they make their way around the world and has regularly conceded in the Islamic world since the mid-19th century. 116 00:13:18,260 --> 00:13:29,350 Thinkers obsess over what was missing from their polities and what measures should be taken to overcome the European lead in a variety of fields. 117 00:13:29,350 --> 00:13:37,270 Finally, political thinkers themselves engage with the canon of European political thought rather than pre-modern Islamic thinkers, 118 00:13:37,270 --> 00:13:42,760 even when they engage with the adverse effects of colonialism modernity oft repeated 119 00:13:42,760 --> 00:13:48,730 is the lament that Islamic political thought lacks a canonical conceptual vocabulary. 120 00:13:48,730 --> 00:13:57,340 Other studies focus on the question of non corresponding or how the modern social scientific toolkit was understood 121 00:13:57,340 --> 00:14:04,930 or misunderstood in the Islamic world because the semantic field of HDMI overlap properly with society. 122 00:14:04,930 --> 00:14:08,230 Is that still a proper rendition of the Constitution? 123 00:14:08,230 --> 00:14:17,860 Or can independence from foreign rule Channel Nation building as it was experienced in Europe when despotism was contested and so on and so forth? 124 00:14:17,860 --> 00:14:25,810 In this way, vein Mohammad Wasim Zeman has argued against rendering the war unlike term al-Mutlaq as sovereignty. 125 00:14:25,810 --> 00:14:31,810 He observes that the idea of sovereignty has a very particular history in European political thought, 126 00:14:31,810 --> 00:14:35,950 and that it emerged in tandem with the rise of the modern state. 127 00:14:35,950 --> 00:14:41,080 Whatever terms like and hawkman and work meant the mediaeval commentators of the Koran, 128 00:14:41,080 --> 00:14:47,740 they could not have meant what sovereignty meant to say John Wooden or Thomas Hobbs, he says. 129 00:14:47,740 --> 00:14:58,180 Someone goes on to add that the mediaeval executes jurists and theologians meant a whole range of things when they wrote of God's authority and Power. 130 00:14:58,180 --> 00:15:05,950 He was seen to be the source of everything, and by that token of political power to this, he takes he. 131 00:15:05,950 --> 00:15:13,390 Zeman takes to attest to the lack of a connexion between the currency of sovereignty and secular politics, 132 00:15:13,390 --> 00:15:20,220 and therefore the absence of the principle in pre-modern Islamic political life. 133 00:15:20,220 --> 00:15:29,040 Things changed in the modern period known as someone traces the evolution of God's power and authority articulated in the language of sovereignty, 134 00:15:29,040 --> 00:15:40,220 in modern Islamist discourse, in the writings of the likes of Rashid Drainer and Little who borrowed from Pierce familiar with Western discourse. 135 00:15:40,220 --> 00:15:48,800 The bulk of his article focuses on how this concept, the sovereignty of God that is not a concept indigenous to the Islamic tradition, 136 00:15:48,800 --> 00:15:53,930 has come to dominate Islamist discourse in the modern period. 137 00:15:53,930 --> 00:15:58,610 But it may just be that we are looking for love in the wrong places. 138 00:15:58,610 --> 00:16:06,230 The archaeology of sovereignty anywhere in the world is very much grounded in reality creation and rethinking sovereignty. 139 00:16:06,230 --> 00:16:11,960 In the words of David, David Graber partakes of absolute power, the power of command, 140 00:16:11,960 --> 00:16:21,440 the ability to issue orders backed up by the threat of punishment and most importantly, the power to stand outside a moral or legal order. 141 00:16:21,440 --> 00:16:29,820 And as a consequence, be able to create new rules and to embody chaos has to impose order. 142 00:16:29,820 --> 00:16:35,010 You mind kingship, simply what represents this principle in its purest form? 143 00:16:35,010 --> 00:16:44,280 The monopoly of coercive force, which were so famously attributed to the modern state, is only is nothing more than its secularisation. 144 00:16:44,280 --> 00:16:52,230 God's had it first, and once the principle of sovereign power takes root, it appears almost impossible to get rid of kings can be killed. 145 00:16:52,230 --> 00:16:57,210 Kingship abolished. What the principle of sovereignty tends to remain. 146 00:16:57,210 --> 00:17:02,640 It is, in fact, the organising principle of social life, and as modern himself conceded, 147 00:17:02,640 --> 00:17:11,100 a feature of all political communities, although its precise character had never been fully understood on 10 20 sharp. 148 00:17:11,100 --> 00:17:20,250 Thank you very much, lady, and those really wonderfully interesting, and we will obviously come back to all these themes that you've raised. 149 00:17:20,250 --> 00:17:25,560 But let's move on to Sammy's talk immediately. So, Sammy, please go ahead. 150 00:17:25,560 --> 00:17:34,530 Thank you, fiscal. I'm going to share my screen very quickly. OK, so I'd like to thank the organisers of the Centre for the kind invitation. 151 00:17:34,530 --> 00:17:40,560 And thank you. Everyone was able to make it today, so I must start with a disclaimer. 152 00:17:40,560 --> 00:17:49,680 In my current research, I did not set out to investigate the political authority of the head of Egypt in the 19th century. 153 00:17:49,680 --> 00:17:54,810 Instead, the debates about political sovereignty that I'd like to discuss today were 154 00:17:54,810 --> 00:18:01,050 articulated in relation to Islamic Courts and the colonial attempts to reform them. 155 00:18:01,050 --> 00:18:02,310 So from that perspective, 156 00:18:02,310 --> 00:18:11,790 I did not consult purely political treatises on sovereignty or others in order or social history to glean insights into this question. 157 00:18:11,790 --> 00:18:20,670 Recent examples of works that's excellent in that regard are at the misdemeanour and an end to March that might be consulted for that perspective. 158 00:18:20,670 --> 00:18:27,630 So my presentation today will address the contours of the political sovereignty of the city of colonial Egypt, 159 00:18:27,630 --> 00:18:36,360 specifically in 1899 and its radical transformation in the Egyptian Kingdom post-World War One in 1922. 160 00:18:36,360 --> 00:18:45,240 This presentation consists of two parts. The first part focuses on debates about Cadyville sovereignty under automatically full order, 161 00:18:45,240 --> 00:18:49,500 and the second part will discuss the Egyptian deliberations on the meaning of 162 00:18:49,500 --> 00:18:57,900 the of the French word sovereignty or sovereignty in the a independent state. 163 00:18:57,900 --> 00:19:01,380 I observe that in some treatments of modern Egyptian legal history, 164 00:19:01,380 --> 00:19:08,190 concepts such as sovereignty have been taken for granted within when in fact there were records of 165 00:19:08,190 --> 00:19:17,070 lengthy debates and discussions on its Arabic rendering and translation into the words CEDA in 1922. 166 00:19:17,070 --> 00:19:25,530 Similarly, debates on the inner workings of the institutional demarcations between secular political power and religious bodies. 167 00:19:25,530 --> 00:19:35,070 In the post, Ottoman Egypt indicate that these boundaries were unsettled and indeterminate, even until into rose and 40s. 168 00:19:35,070 --> 00:19:44,580 The ratification of the Egyptian constitution in 1923 by Egyptian nationalists after the Declaration of Independence in 1922 was 169 00:19:44,580 --> 00:19:51,990 viewed by some scholars as a legal revolution which reversed the relationship between the sovereign and the and Islamic law, 170 00:19:51,990 --> 00:19:57,990 the Sharia in general, and instead, in this new order, the the Sultan or the king. 171 00:19:57,990 --> 00:20:01,200 Instead of being under under under its rule, 172 00:20:01,200 --> 00:20:12,630 it became above it and be able to control the entire institutions structures that came to be in the new solutions of the Egyptian state. 173 00:20:12,630 --> 00:20:19,320 So this is here going to the brief three points main arguments on my position today. 174 00:20:19,320 --> 00:20:25,890 I would claim that appeals to automate little order enabled Muslim jurists and judges in the 175 00:20:25,890 --> 00:20:32,400 in 1899 to fend off some of the attempts by the colonial authorities to reform these courts. 176 00:20:32,400 --> 00:20:39,600 I will also try to point out that the limits on the on the sovereignty of the regime, although that might seem restrictive, 177 00:20:39,600 --> 00:20:50,370 but also allowed him some space to manoeuvre some of the demands in how Egypt could be shaped and how the British is order to achieve in that colony. 178 00:20:50,370 --> 00:20:57,780 And finally, I would say that the Constitution of 1923 was by design intentionally was designed to 179 00:20:57,780 --> 00:21:03,630 be a radical shift of how the authority of the well-heeled amre or the Khedive used 180 00:21:03,630 --> 00:21:07,770 to be under Ottoman rule to something completely different that they theorise and 181 00:21:07,770 --> 00:21:15,100 argued for very clearly in this constitution and its discussions amongst its members. 182 00:21:15,100 --> 00:21:26,140 So on May 15th, 1899, under Hades, our best friend me, the second he ruled Egypt between 18, 92 and 1914, when he was removed from power. 183 00:21:26,140 --> 00:21:34,420 So decree was issued to change the procedural design of the Islamic Supreme Court and similarly in Syria. 184 00:21:34,420 --> 00:21:45,400 The decree proposed changes to that would allow two judges from the secular appellate national courts to serve on the Islamic Supreme Court. 185 00:21:45,400 --> 00:21:51,130 And if that was to be successful, that would have changed the Constitution of this courts. 186 00:21:51,130 --> 00:21:58,180 For example, this court is to be consists of three key components the chief judge of Egypt to demonstrate 187 00:21:58,180 --> 00:22:04,270 they used to be appointed by the Ottoman officials and three judges appointed by the decree. 188 00:22:04,270 --> 00:22:10,420 And suddenly, we have these two judges appointed by the free from the appellate national courts. 189 00:22:10,420 --> 00:22:22,150 So that was purely a British move in which colonial officials aided by secular legal elite in order to penetrate this high Islamic judicial body, 190 00:22:22,150 --> 00:22:26,770 which triggered a strong response and really did not go ahead as as imminent. 191 00:22:26,770 --> 00:22:33,910 So after 20 days only in June 3rd, 1899, a new decree was issued to withdraw this new proposed law. 192 00:22:33,910 --> 00:22:40,990 And these and the changes that came with it, and there were three key figures at the centre of pushing these changes. 193 00:22:40,990 --> 00:22:47,020 I think you can see some images of these figures on the screen here. So the first was Malcolm McLaren. 194 00:22:47,020 --> 00:22:52,990 He died in 1941. He was a British adviser at the Ministry of Justice. 195 00:22:52,990 --> 00:22:59,620 Second, somebody by the name Ibrahim Pasha was appointed as the Minister of Justice in 1891. 196 00:22:59,620 --> 00:23:07,450 And finally, Boutros-Ghali, Patrick and Seamier he died was assassinated in nineteen ten. 197 00:23:07,450 --> 00:23:10,780 So these figures were key to proposing them. 198 00:23:10,780 --> 00:23:20,530 But one, the bill that was proposed to the magistrate accompanying this is the Shura Council in Egypt to allow these changes to go ahead. 199 00:23:20,530 --> 00:23:26,500 So the government made some changes to the bill. However, that bill was rejected in a couple of times in the council. 200 00:23:26,500 --> 00:23:35,920 The British were very frustrated by these attempts. They went anyway and were able to get a divorce decree against the recommendation by this council. 201 00:23:35,920 --> 00:23:40,450 So a bill was issued, a decree was issued by these changes. 202 00:23:40,450 --> 00:23:49,420 However, we find key figures that came as kind of heroes in some traditional circles to push against some of these colonial policies. 203 00:23:49,420 --> 00:23:54,790 The first one is the clergy must the chief judge of Egypt Jamaluddin offending. 204 00:23:54,790 --> 00:24:00,700 He was appointed as as the Egyptian advocate in Egypt in 1892 and then moved to Egypt. 205 00:24:00,700 --> 00:24:06,030 And this and the gun laws are at the same time is soon anyway. 206 00:24:06,030 --> 00:24:09,760 So both of these figures rejected the bill, 207 00:24:09,760 --> 00:24:20,410 and they presented a set of arguments that deemed that the some of these changes quote unquote deemed antithesis to Islamic law or was shut off, 208 00:24:20,410 --> 00:24:26,570 as they say. OK, so that pushed these figures in the government. 209 00:24:26,570 --> 00:24:32,870 So what is really. The special adviser to go to the council and make arguments, 210 00:24:32,870 --> 00:24:38,930 why these changes fall within the jurisdiction and within the sovereign authority of the city? 211 00:24:38,930 --> 00:24:43,430 So the the minister affirmed that the two Muslim judges from the appellate 212 00:24:43,430 --> 00:24:47,420 national courts would be sufficiently equipped to serve on the Islamic Courts. 213 00:24:47,420 --> 00:24:50,900 And he elaborated that the job description of such position is, 214 00:24:50,900 --> 00:24:56,090 quote unquote administrative matter that falls within the exclusive purview of the government. 215 00:24:56,090 --> 00:25:03,290 In other words, the minister dismissed the obvious institutional differences between Islamic and national courts at the time. 216 00:25:03,290 --> 00:25:10,430 As long as the these differences are reduced to the Muslim, this of these figures who are going to serve in the courts. 217 00:25:10,430 --> 00:25:16,190 So the minister reminded his interlocutors that it was the government bureaucrats to decide 218 00:25:16,190 --> 00:25:20,780 the job descriptions of who was weren't going to serve on Islamic Courts or secular courts, 219 00:25:20,780 --> 00:25:28,910 for that matter. So for me, that could be read as a rejection of the historical and institutional practise in Egypt until 220 00:25:28,910 --> 00:25:35,330 up to this time in which Al-Azhar and the Grand Judge of Egypt played a key role in selecting, 221 00:25:35,330 --> 00:25:39,680 disciplining and reviewing decisions by all Islamic Courts. 222 00:25:39,680 --> 00:25:46,940 Until that, that time period. So the minister presented a set of arguments to assert the political authority of the captive in Egypt, 223 00:25:46,940 --> 00:25:53,360 which gave him the power to appoint judges in the judiciary, according to the Minister of Justice. 224 00:25:53,360 --> 00:25:57,080 The political sovereignty of the provisional rulers wilayat. 225 00:25:57,080 --> 00:26:04,910 The camera is very important here. It was general and it included the power to establish it digitally and appoint judges. 226 00:26:04,910 --> 00:26:11,720 The minister declared that there was no doubt the beheading in Egypt has sovereignty and the word he used 227 00:26:11,720 --> 00:26:19,310 Alfred OK and enjoyed a general political authority which included authority over Islamic Courts in Egypt. 228 00:26:19,310 --> 00:26:26,240 It followed him, maintained that the appoint of judges is a concomitant right of the Sharif. 229 00:26:26,240 --> 00:26:31,550 The minister continued to argue that Alexander can explain that the judicial appointments 230 00:26:31,550 --> 00:26:35,900 in Egypt was delegated to local government by decree from the Ottoman sultan, 231 00:26:35,900 --> 00:26:41,240 and as a result, the government exercised power to appoint judges across the provinces, 232 00:26:41,240 --> 00:26:46,160 and Egypt was granted already by the Ottomans, except in Cairo, which is the supply. 233 00:26:46,160 --> 00:26:51,620 Forte appointed the chief judge up until the very late 19th century. 234 00:26:51,620 --> 00:27:00,860 So the most contentious claim in the minister's remarks in this debates inside should be the Shura Council was that his assertion 235 00:27:00,860 --> 00:27:08,870 that the sovereign power of the had've in Egypt was a general authority explained that the previous judge in Clardy must. 236 00:27:08,870 --> 00:27:19,160 The Judge of Egypt was appointed by Shadi Ismail, and no one contested this authority by the articles of time or by local Muslim authorities in Egypt. 237 00:27:19,160 --> 00:27:26,970 He claims that was for 15 years. No one said anything. So in his role as a chief judge, supposedly this you must has issued long opinions. 238 00:27:26,970 --> 00:27:35,600 Some of his opinions made them do the mosque, and then they call that to a collection by the move of Egypt for almost then 50 years. 239 00:27:35,600 --> 00:27:44,570 Mohamed Labas al-Mahdi can image here on the left the screen, and no one really has said anything in this regard. 240 00:27:44,570 --> 00:27:52,820 So the narrative by the minister, however, falters when we know the actual recorded historical documents that we see in which the Ottoman 241 00:27:52,820 --> 00:27:59,810 opposed any time of in the completely independent Egyptian purview over the judiciary. 242 00:27:59,810 --> 00:28:08,900 We actually know for sure that the Ottomans sent an actual telegraph do the idea of declaring and appointing Hadi Mansour into the early 20th century. 243 00:28:08,900 --> 00:28:18,860 So any claims by the minister that the Egyptians have had that independent started to appoint that judge doesn't seem to be the case. 244 00:28:18,860 --> 00:28:27,560 The minister also attempted to explain away Ottoman approvals of judicial appointments of the last judge a quote unquote as a promotion in rank, 245 00:28:27,560 --> 00:28:29,690 not as initiating deployment. 246 00:28:29,690 --> 00:28:37,050 So to summarise the arguments of the Minister of Justice in Egypt should draw attention to the fact that some of the political 247 00:28:37,050 --> 00:28:44,570 elite in Egypt attempted to diminish the ultimate political and legal sovereignty in the Egyptian province at the end. 248 00:28:44,570 --> 00:28:49,040 This was unsuccessful efforts on the part of the minister who held who had played 249 00:28:49,040 --> 00:28:53,330 a key role in serving British colonial interests under the pretext of reform. 250 00:28:53,330 --> 00:29:02,270 But it's important to stress that the arguments by the Mufti and by the judge of Egypt were not simply that this is going to antithesis Islamic law, 251 00:29:02,270 --> 00:29:05,000 or this somehow contradicts rules of Islamic law. 252 00:29:05,000 --> 00:29:13,010 They had compelling arguments and reasons beyond the general frame that the minister again attempted to to say so first. 253 00:29:13,010 --> 00:29:21,110 They argued that the Islamic Supreme Court decisions in Egypt, according to the ordinances of Islamic Courts, is a form of legal response, 254 00:29:21,110 --> 00:29:29,120 nor the fatwa which required legal discovery and expertise in Islamic law, as opposed to simply state codified law. 255 00:29:29,120 --> 00:29:36,200 Thus, those who would serve on the court must be knowledgeable scholars and judges in Islamic Courts, 256 00:29:36,200 --> 00:29:40,820 as well as Hanafi jurisprudence, as used to be the official school of the Ottoman Empire. 257 00:29:40,820 --> 00:29:47,390 And then what? We had also raised concerns about the arguments of the Minister of Justice about the sovereignty of the footage. 258 00:29:47,390 --> 00:29:57,800 Now what we cited that that the famous effort that will hinder to affirm that if a judge was appointed by that by the Caliph and one of the provinces, 259 00:29:57,800 --> 00:30:07,550 the local emir has no authority to appoint a different judge in this province and has no authority to resolve disputes himself amongst the people. 260 00:30:07,550 --> 00:30:13,910 If the local emir acted again as the Caliph directive and appointed the judge anywhere in the province, 261 00:30:13,910 --> 00:30:17,750 his decisions, according to federal India, are void and no. 262 00:30:17,750 --> 00:30:25,760 So in short, the central point in debates and in this debate is the formation of the collegial sovereignty over Egypt. 263 00:30:25,760 --> 00:30:34,190 In 1899, it reveals how appeals to Ottoman political authority shielded Muslim institutions and Islamic Courts, 264 00:30:34,190 --> 00:30:38,780 at least temporarily, from colonial interventions and immediate dismantling. 265 00:30:38,780 --> 00:30:48,650 So it took some time. I would suggest that the current accounts that dismiss Ottoman California 30 as purely symbolic or rhetorical understate that 266 00:30:48,650 --> 00:30:55,970 its historical significance as a key obstacle to the colonial hegemony and control over some of these Muslim institutions, 267 00:30:55,970 --> 00:31:00,970 like the work for other or Islamic Courts, as we just as clear. 268 00:31:00,970 --> 00:31:08,740 So this leads me to to my second point about about this debate about what exactly is sovereignty in Egypt on the screen here, 269 00:31:08,740 --> 00:31:15,280 you can see four sentences to the two can Egyptians internal deliberations of the 270 00:31:15,280 --> 00:31:21,700 meaning dimension of the French word sovereignty or the English sovereignty? 271 00:31:21,700 --> 00:31:30,580 They said As you can see on the screen, must most say either OK or must read them or must, which that is the most helpful element. 272 00:31:30,580 --> 00:31:34,270 We had no idea what exactly sovereignty could mean. 273 00:31:34,270 --> 00:31:39,400 Again, that was 1923. So in 1922 March 1922, 274 00:31:39,400 --> 00:31:43,570 the Egyptian king issued a decree to form a construction committee to put together 275 00:31:43,570 --> 00:31:48,490 the Egyptian Constitution after independence so that constitution was preceded, 276 00:31:48,490 --> 00:31:48,880 of course, 277 00:31:48,880 --> 00:31:57,920 by Lindsay conversations and negotiations between Egypt and Britain and key disagreements about the British military prisons and the revision. 278 00:31:57,920 --> 00:32:05,620 Some kind of some government, a function of hanging in there and did not really was resolved until that time period. 279 00:32:05,620 --> 00:32:12,940 But we have something very important. We have a direct reaction by key government official who was the minister of Justice. 280 00:32:12,940 --> 00:32:20,050 It was his assessment of this new project in relation to all the kind of history of the KGB in Egypt. 281 00:32:20,050 --> 00:32:23,090 His name is Ahmed, as October was the Ministry of Justice. 282 00:32:23,090 --> 00:32:31,930 In 1923, he wrote the memo in which he offered an assessment of the need to restore order compared to previous institutions in the pre-World War One. 283 00:32:31,930 --> 00:32:36,310 The gist of the memo, in my view, can be summarised in three points very quickly. 284 00:32:36,310 --> 00:32:40,810 Number one, the new constitutional monarchy diminished the power of the king significantly 285 00:32:40,810 --> 00:32:45,520 in relation to any authority of who they used to exist up to this point. 286 00:32:45,520 --> 00:32:50,620 Second, the new order, in his view, was superior to the previous institutions, which suffered from, 287 00:32:50,620 --> 00:32:56,410 quote unquote limited legislative authority of the councils elect political accountability for the government. 288 00:32:56,410 --> 00:33:05,950 Third, the New Order expanded the representation of local constituencies and minorities to do so to this minister to the victor. 289 00:33:05,950 --> 00:33:10,930 The most important article in 1922 read Constitution is number twenty three, 290 00:33:10,930 --> 00:33:16,210 and this article declared that all sources of authorities emanate from the Ummah from the nation on. 291 00:33:16,210 --> 00:33:20,230 Mahere does not mean the Muslim Jewish community, but here the Egyptian nation. 292 00:33:20,230 --> 00:33:28,330 He claims that in all previous political designs, he argued that were legal was was the only source of authority and legitimacy where 293 00:33:28,330 --> 00:33:33,700 he was able to share some of his power through legislative and ministerial councils. 294 00:33:33,700 --> 00:33:37,960 So the conversation about constitutional making in this period is key to the 295 00:33:37,960 --> 00:33:42,190 political orientation of these members who served on the on the committee. 296 00:33:42,190 --> 00:33:50,230 All of them, without exception, were attempting to formulate an Egyptian equivalent specific to a specific concept of certainty. 297 00:33:50,230 --> 00:33:55,360 All the references, with no exception, mentioned either the French, German, 298 00:33:55,360 --> 00:34:00,430 English or American forms of government for that Egypt to be able to follow and emulate. 299 00:34:00,430 --> 00:34:07,500 So I'd like to focus in this spot very quickly on the rise of a key Arabic term C++. 300 00:34:07,500 --> 00:34:15,840 That came to be used as synonymous with sovereignty. I would suggest that although the term is taken for granted, yet, its history is rather obscure. 301 00:34:15,840 --> 00:34:19,890 I would like to make for April a preliminary observations first, 302 00:34:19,890 --> 00:34:26,580 that word CIA has used today in Arabic and a vocabulary as sovereignty is only 100 years old. 303 00:34:26,580 --> 00:34:34,980 Second, the discussions of the Committee of the first Egyptian Constitution after independence reveal that the term is contentious and ambiguous. 304 00:34:34,980 --> 00:34:40,740 Third, the term C++ was invented specifically to murder Western conceptions of sovereignty. 305 00:34:40,740 --> 00:34:49,380 Fourth, there were unsuccessful attempts to ground the emerging sovereign power of the Egyptian state with an Islamic political and legal tradition. 306 00:34:49,380 --> 00:34:54,780 For example, all attempts to use the word will air and instead of Seattle were rejected. 307 00:34:54,780 --> 00:34:59,950 So now I'd like to share with you some of the content of these discussions inside the committee. 308 00:34:59,950 --> 00:35:04,890 But on September 29, 1922, 309 00:35:04,890 --> 00:35:12,540 the following conversation were recorded amongst the members of the Construction Committee concerning the first article of the Constitution. 310 00:35:12,540 --> 00:35:22,770 So the first proposed phrasing of that article of expressing sovereignty of Egypt is that, as you can see on the screen, Dowless, so either Mr Killen. 311 00:35:22,770 --> 00:35:27,270 The feel measure protested the use of the port say Yida elaborated that the committee 312 00:35:27,270 --> 00:35:32,010 members meant to express the meaning of the French term sovereignty in Arabic. 313 00:35:32,010 --> 00:35:37,320 He stressed that the term Mr Yida in the Georgian is that if that is the famous Arabic sources, 314 00:35:37,320 --> 00:35:42,250 when you look up for some definitions used to mean of the word, 315 00:35:42,250 --> 00:35:49,410 say it or say that it was an album, or that you can manage that verse or govern the vast majority of people. 316 00:35:49,410 --> 00:35:53,630 It proposed instead that again, he in his mind that there would say, you know, 317 00:35:53,630 --> 00:35:57,690 is actually going to fall short of the meaning of what sovereign mean in western Africa. 318 00:35:57,690 --> 00:36:05,340 But again, he would say that because it's only the vast majority, not everybody that's in the term is not actually deemed suitable. 319 00:36:05,340 --> 00:36:15,540 So he proposed instead to use the term will air. OK, so Tocqueville elaborated that the article would would've been read as Mr de la La La La. 320 00:36:15,540 --> 00:36:20,690 Wasn't that an NFC? How Egypt will have the authority to govern itself? 321 00:36:20,690 --> 00:36:31,160 So, well, somebody else stand up in the committee and propose that was to the famous Egyptian mufti again, like if Pasha. 322 00:36:31,160 --> 00:36:37,910 He did not support the use of the word Sayid or Ziad or Seguido instead proposed the idea that muster, 323 00:36:37,910 --> 00:36:45,590 as you can see on the screen, the second sentence Mr Latham or Egypt has the full capacity and authority. 324 00:36:45,590 --> 00:36:51,890 A third person rose up in the committee and said Well, as his name is Mahmud Abdel Nasser Rebate or objected to. 325 00:36:51,890 --> 00:37:00,650 These attempts reveal that guys, we have spent so much time to find the what translation Sierra for that term sovereignty. 326 00:37:00,650 --> 00:37:05,300 So although the term C++ might be unfamiliar to many people, he acknowledged, 327 00:37:05,300 --> 00:37:11,150 but that term will only need time to be able people to be commonly used amongst young people. 328 00:37:11,150 --> 00:37:17,900 So, so at this point, the fire past and other folks in the committee rejected all this claims and had the vote. 329 00:37:17,900 --> 00:37:24,020 The majority voted to use the word C++ as the most important term that would come up in that framework. 330 00:37:24,020 --> 00:37:27,350 So I would just end by something very quickly here. 331 00:37:27,350 --> 00:37:32,900 One of the most important figures on this committee, his name is Abdul Aziz family big and later became a prime minister. 332 00:37:32,900 --> 00:37:34,160 Foreign Minister interjected, 333 00:37:34,160 --> 00:37:44,390 emphasised the importance of stating that sovereignty in Egypt in the Constitution should become as the first words in the sentence, 334 00:37:44,390 --> 00:37:48,740 not their last words. As you can see here, they say Mr. 335 00:37:48,740 --> 00:37:55,580 On the second sentence, Mr Downer affirms that the other he was objected to use the word see at the end of the sentence, 336 00:37:55,580 --> 00:38:01,580 and he made a similar to this word to that phrase poor father. I hear it. 337 00:38:01,580 --> 00:38:05,270 This is a very interesting simile and metaphor. He would. 338 00:38:05,270 --> 00:38:16,490 He basically claimed CEDA as he understood it is the is the centre concept through which independence and freedom can emanate. 339 00:38:16,490 --> 00:38:24,500 And he use here, here in that phrase, who means God, father omnipotent power, overpowering God. 340 00:38:24,500 --> 00:38:30,260 He says here that this sentence in Arabic does not make sense because we must use the word elect to be first. 341 00:38:30,260 --> 00:38:38,450 You going to say Allah when the rule here is basically he's saying, we must use the word C++, so he says Mr. 342 00:38:38,450 --> 00:38:42,500 That's yeah, that was exactly what came to be in the Constitution. 343 00:38:42,500 --> 00:38:47,150 So for them, their debates about sovereignty inside the committee, instead, 344 00:38:47,150 --> 00:38:54,410 the committee came to monitor a particular image a bit to understanding what's happening might look like in the emerging Egyptian state. 345 00:38:54,410 --> 00:38:56,780 I'm going to stop here. Thank you so much. Thank you very much, Sami. 346 00:38:56,780 --> 00:39:04,460 I love her really wonderfully rich presentation and you know, they actually strangely talk to each other across the centuries. 347 00:39:04,460 --> 00:39:10,040 So, you know, it'd be really nice to see you and the Queen talk to one another as well. 348 00:39:10,040 --> 00:39:18,200 I have a question for both of you in a way. And then Osama, maybe, and we have a number of questions in the chat. 349 00:39:18,200 --> 00:39:23,060 You know, Negin, you begin with talks sleeping sovereign, which is very interesting because of course, 350 00:39:23,060 --> 00:39:28,190 one of the things that book deals with is the latency of sovereignty that is actually goes to sleep. 351 00:39:28,190 --> 00:39:34,640 It's latent and it awakes. But whether it's Buddha or perhaps even Hobbs, 352 00:39:34,640 --> 00:39:43,460 the sovereign power asleep or awake has to be manifested somewhere or embodied institutionally somewhere. 353 00:39:43,460 --> 00:39:55,340 And it could be the figurative brain, so it could eventually be the figure of the people in the version that the tuck gets out of Rousseau. 354 00:39:55,340 --> 00:40:04,340 But what you seem to be arguing is, for a certain, a different kind of latency of sovereignty. 355 00:40:04,340 --> 00:40:13,970 Except in this case, in your case, it's actually not manifested or embodied in any specific office or group. 356 00:40:13,970 --> 00:40:18,240 And what I found fascinating is that. 357 00:40:18,240 --> 00:40:35,400 It becomes really unattached, and so it can be the boys in Taylor who embodies it in the name of Islam or as in Cologne, it could be a power that has. 358 00:40:35,400 --> 00:40:43,020 Violence built into it that could be exercised multiply, and I wonder, therefore, 359 00:40:43,020 --> 00:40:48,840 if you think in in this period that you're dealing with and these narratives you're dealing with, 360 00:40:48,840 --> 00:40:59,550 whether it is possible to consider sovereignty, let's leave aside for the moment the problem of translation of. 361 00:40:59,550 --> 00:41:06,660 As almost as a kind of pure principle, it really isn't like the Hobbesian sovereign located in the Prince, 362 00:41:06,660 --> 00:41:15,300 nor is it like a Soviet form of sovereignty which is latent or belongs to a popular sovereign assembly. 363 00:41:15,300 --> 00:41:25,110 It seems to function in a kind of conceptual register, a freed of any specific office. 364 00:41:25,110 --> 00:41:31,560 Nor does it seem, nor do your thinkers seem to want to attach it firmly to any specific office. 365 00:41:31,560 --> 00:41:39,660 When you were talking about the canine Abbasid Caliph, who is actually not the as it were location of that sovereign power, 366 00:41:39,660 --> 00:41:46,680 and for Sami again, really very interesting how linking up in a way to what McQueen was saying. 367 00:41:46,680 --> 00:41:53,190 How would this? Conflict with a colleague. 368 00:41:53,190 --> 00:41:58,950 And British advisers, how actually the beef comes to be the anti sovereign in some ways. 369 00:41:58,950 --> 00:42:08,260 And precisely because of that, sovereignty must reappear somewhere else, even in what apparently the most unusual of places, 370 00:42:08,260 --> 00:42:16,860 you know that the institutional formations that are supposedly below the Office of the Cleave and OK, 371 00:42:16,860 --> 00:42:23,730 they might refer to the caliphate distant as it is, or they might refer to Sharia, or they might refer to many other things. 372 00:42:23,730 --> 00:42:35,640 But it just it made me wonder whether the references either to the caliphate or the Sharia actually serve to legitimise this sovereignty, 373 00:42:35,640 --> 00:42:39,470 which is no longer attached to the figure of the prince. 374 00:42:39,470 --> 00:42:50,660 But cannot really serve as its repository, which is perhaps why you end up with despite the continuing theological relationship with that phrase that, 375 00:42:50,660 --> 00:42:59,180 you know, condemned, et cetera, clear in the body of the people or in the state, in the nation, the Ummah as Egyptian nation. 376 00:42:59,180 --> 00:43:05,270 It also struck me as interesting the fate of India as an Indian as it is is invoked 377 00:43:05,270 --> 00:43:11,630 because if that is the same as the Fethullah allegedly as it is known in India, 378 00:43:11,630 --> 00:43:19,610 it's normally seen as an attempt by the Mughal Emperor to actually corral the religious classes and claim, 379 00:43:19,610 --> 00:43:24,470 if you will, a certain kind of added power, if not sovereign power for himself. 380 00:43:24,470 --> 00:43:31,940 So it's used in a completely different way in this set of debates. Yes, so and eventually, of course, as we know, 381 00:43:31,940 --> 00:43:39,890 sovereignty in a certain kind of Islam is Islamist thought then comes to be expelled altogether and predicated of God. 382 00:43:39,890 --> 00:43:48,570 So it's a it's a kind of fascinating set of moves that are happening here, both in the in the kind of, you know, pre-modern. 383 00:43:48,570 --> 00:43:53,860 Situation that McCain is dealing with, where it seems to be a matter of principle and in your case, 384 00:43:53,860 --> 00:43:59,430 Sammy, where the prince actually becomes anti sovereign and therefore something else is happening. 385 00:43:59,430 --> 00:44:06,550 So sorry, a bit of a shaggy dog question, but I wonder if there's anything in it for either of you making. 386 00:44:06,550 --> 00:44:11,960 It is I mean, clearly the issue here is that sovereignty is, you know, 387 00:44:11,960 --> 00:44:19,180 when you think about my people in light of some whose presentation, then it actually makes a lot more sense, you know, 388 00:44:19,180 --> 00:44:25,690 the way in which I mean sovereignty is debated as if it is something like, I don't know, 389 00:44:25,690 --> 00:44:33,160 a degree or a charter that can be obtained or that can be replicated where our sovereignty, in fact, is. 390 00:44:33,160 --> 00:44:38,530 And I mean, sovereignty is studied precisely in the West, which they're trying to emulate. 391 00:44:38,530 --> 00:44:46,180 Sovereignty is, is it is a concept that has a history and it is not a function of the degree of 392 00:44:46,180 --> 00:44:51,790 independence of a state or whether or not it can feed its population or build roads, 393 00:44:51,790 --> 00:44:53,410 or do any of that. 394 00:44:53,410 --> 00:45:03,130 And and and that sort of very nicely, in fact, crystallises the degree to where you have in Azoulay joining and all the people that I read. 395 00:45:03,130 --> 00:45:14,110 I mean, it is it is a given. Sovereignty is, is, is, is a matter is almost like a narrative construct to to talk about politics. 396 00:45:14,110 --> 00:45:24,310 And clearly, like all narrative constructs that are that are forged to make political thought possible, 397 00:45:24,310 --> 00:45:30,340 they each and every one of them anywhere in the world, I mean, from prehistoric times to the present. 398 00:45:30,340 --> 00:45:39,460 You have narrative, you look good. And I mean, you have you have a religious conception of a religious slash, ritualistic conception of sovereignty. 399 00:45:39,460 --> 00:45:45,130 Sovereignty is denoted in bed. There is some sovereignty is associated with the dance sovereignty. 400 00:45:45,130 --> 00:45:55,720 Talk, you know, is is represented in in in ritual, in its in its earliest iterations. 401 00:45:55,720 --> 00:46:03,430 And so the fascinating thing the absolutely fascinating thing about mediaeval Islam is that is that is precisely the way 402 00:46:03,430 --> 00:46:13,960 in which the impersonal state that wooden is is and all the other ones after would then pick up on that impersonal state. 403 00:46:13,960 --> 00:46:19,210 It is. It is, it is. It is. It is represented in triangulation. 404 00:46:19,210 --> 00:46:21,980 So you have neither Caliph nor nor Sultan. 405 00:46:21,980 --> 00:46:27,190 I mean, you writing precisely about what's the relationship between the Caliph and the something in the 11th century. 406 00:46:27,190 --> 00:46:28,280 That's when you get this, 407 00:46:28,280 --> 00:46:41,950 this this debate at its best and sovereignty belongs to neither nor and sovereignty itself is represented in the impersonal usage of the word Islam, 408 00:46:41,950 --> 00:46:47,080 which which in a fascinating way. Of course, you point the same thing in Egypt in the mambilla period. 409 00:46:47,080 --> 00:46:52,510 I think it is. Joseph Rappaport at the Queen Mary University now, 410 00:46:52,510 --> 00:47:03,250 who has this wonderful article about the way in which the the legal system in monarchy, the changes in the legal system, in fact, 411 00:47:03,250 --> 00:47:14,950 sort of highlight this the the the very close, intricate connexion between Shari'a and CSA, which is of great concern, 412 00:47:14,950 --> 00:47:24,320 which is almost always in modern political discourse seen as rivals or pitted against one another. 413 00:47:24,320 --> 00:47:35,950 And it is in that triangulation you have on the one hand on the on the on on the in the narrative and which is which, which which fascinates. 414 00:47:35,950 --> 00:47:43,600 Absolutely. And we have no we are very few or we dealt with this concept at all or with with the way. 415 00:47:43,600 --> 00:47:53,290 But the important thing is that we know it through its opposition so that what is it that that you write against? 416 00:47:53,290 --> 00:47:58,960 So when they're discussing sovereignty, what it is, what is it that they're writing against? 417 00:47:58,960 --> 00:48:02,920 And it's not, you know, in in theological discourse, 418 00:48:02,920 --> 00:48:11,440 they are not writing against against secularity in any way or form when they write about sovereignty. 419 00:48:11,440 --> 00:48:21,700 Now, in a modern in modern disk, it is that there is this presumption of circularity with sovereignty that is that is really, 420 00:48:21,700 --> 00:48:25,960 you know, I think, limited to the world outside Europe. 421 00:48:25,960 --> 00:48:33,160 And in fact, it is. It reveals a complete misunderstanding of the archaeology of sovereignty in Europe. 422 00:48:33,160 --> 00:48:39,070 So in that sense, it is this. It is, it is. It is very illuminating. 423 00:48:39,070 --> 00:48:44,170 I think it is to look at the ways in which this, this this this notion, 424 00:48:44,170 --> 00:48:51,400 openness of an impersonal Islam that is that is a stand in for sovereignty for a thousand years. 425 00:48:51,400 --> 00:48:57,070 You can easily show this in different writings, in different contexts. 426 00:48:57,070 --> 00:49:03,460 And yet you see the way in which Islam is evoked has a latent and perpetual. 427 00:49:03,460 --> 00:49:14,920 I mean, it is. It's almost. Every single box and and and then, of course, in the modern period, you have it, you have it. 428 00:49:14,920 --> 00:49:21,340 But the real challenge of it becomes the sovereignty of the people. 429 00:49:21,340 --> 00:49:28,870 So how does how does how does in the modern period, how does this exchange sort of get be formulated? 430 00:49:28,870 --> 00:49:33,760 Thanks very much. And Asami, any comment? OK. 431 00:49:33,760 --> 00:49:44,590 Yes. Thank you, fiscal. So. In my current research, and I do not really look carefully on the concept of sovereignty. 432 00:49:44,590 --> 00:49:49,420 So as I mentioned in terms of how was the rise of discussed, it just emanates. 433 00:49:49,420 --> 00:49:56,380 So in my work and look at the history of these of the institution of Islamic Courts in Egypt 434 00:49:56,380 --> 00:50:02,050 and what time is so that we have a general idea that heavily in research if went wrong, 435 00:50:02,050 --> 00:50:04,180 it wrote about the history of the sport. 436 00:50:04,180 --> 00:50:11,950 But it seemed that I'd like to get more details about what really happened in terms of these readjustments for, for example, 437 00:50:11,950 --> 00:50:17,650 having Islamic Courts for the first time in Egyptian history, and it seems to have a specific date in nineteen. 438 00:50:17,650 --> 00:50:22,360 Ninety seven systemic courts have been limited to only family law on that date. 439 00:50:22,360 --> 00:50:26,440 And I'd like to know how that happened, what they arguments that were put in that regard, 440 00:50:26,440 --> 00:50:32,650 how Islamic law goes from being state courts suddenly became, quote unquote religious courts. 441 00:50:32,650 --> 00:50:41,050 I think we have a general idea, and I'd like to provide much more details to what exactly happened was, Capone argued in these details. 442 00:50:41,050 --> 00:50:43,720 I found conversation about sovereignty, to my surprise. 443 00:50:43,720 --> 00:50:53,230 But I think should have been a surprise because look, Islamic judges and Islamic muftis and these as had is at the same time, 444 00:50:53,230 --> 00:50:58,090 they understood that the existence of these situations is dependent on their ability to 445 00:50:58,090 --> 00:51:03,040 appeal to ultimately gleeful order because it maintained its existence as an actual reality. 446 00:51:03,040 --> 00:51:08,740 OK, so the issue here is not simply the appealing to something that is ambiguous, 447 00:51:08,740 --> 00:51:16,210 but the understood clearly that the audience often had no authority, even if it was challenged, as you mentioned by the Cardiff. 448 00:51:16,210 --> 00:51:21,610 But to some extent they thought that they can invoke it. And I think they invoked it very effectively at the time. 449 00:51:21,610 --> 00:51:26,440 What really happened is when the Ottomans lost the war, things has been completely changed. 450 00:51:26,440 --> 00:51:31,750 So here we have an actual military defeat that will allow a certain type of arguments to be possible. 451 00:51:31,750 --> 00:51:39,040 That was not possible before deciding who, to be honest, which is the last one, the one that we're discussing here before the war, 452 00:51:39,040 --> 00:51:46,180 he actually was kind of deposed by them, by the British foreign minister when he was living in Istanbul. 453 00:51:46,180 --> 00:51:55,120 So in short, yes, the conversation about sovereignty is very fascinating to see how the Khedive, even from Cardiff, is managed. 454 00:51:55,120 --> 00:52:00,700 That was of 1970s every single Ottoman official who wrote on that subject. 455 00:52:00,700 --> 00:52:09,250 And what it felt very clearly that the Egyptian officials and the Egyptian Arcadia's who insisting on some more independence from the Ottomans, 456 00:52:09,250 --> 00:52:13,630 a very short sighted that they want to be very close to Europe, want to be part of Europe, 457 00:52:13,630 --> 00:52:20,830 they thought that will give them more will give more leverage to these European powers over 458 00:52:20,830 --> 00:52:25,390 Egypt to shame them as they want in terms of appointing ministers for the for the Treasury, 459 00:52:25,390 --> 00:52:30,220 even the budgets for the British Army in Egypt. All of this was completely decided by the British. 460 00:52:30,220 --> 00:52:31,600 And Egypt has no say in this. 461 00:52:31,600 --> 00:52:38,170 But this again, that goes further than the British want to form again a new legal system or the new courts or reform things. 462 00:52:38,170 --> 00:52:44,050 And the British have specific ideas what religion look like in society, what family look like in society? 463 00:52:44,050 --> 00:52:52,000 That moment is different. For example, when we look in 1922, when suddenly the idea is completely out of the picture, but not just that. 464 00:52:52,000 --> 00:52:56,680 If you look for example, for something about the role of Al-Azhar, 465 00:52:56,680 --> 00:53:02,680 who used to appoint Azhar and told Egyptian history and acted with, that was the hardest that was in the periphery of the city. 466 00:53:02,680 --> 00:53:06,330 We have something called the one that above that was in the purview of the Cardiff 467 00:53:06,330 --> 00:53:11,420 game because that was he and his religious representative of the Ottomans in Egypt. 468 00:53:11,420 --> 00:53:17,950 That was important. Review. The first thing the British did was to make sure that it has no money by taking this out of him and 469 00:53:17,950 --> 00:53:22,990 putting the above under the these parliamentary accounts that it actually able to form number one. 470 00:53:22,990 --> 00:53:28,240 Number two, the move, the appointment of the Sheikh Al-Azhar into the hands of also the political elite. 471 00:53:28,240 --> 00:53:34,660 So it's a massive expansion of sector of this secular political elite power to completely control the state, 472 00:53:34,660 --> 00:53:38,980 not just lose authorities, but law and Islamic law and everything within it. 473 00:53:38,980 --> 00:53:46,660 I see consequences for some of these things. A consequence of it is that that that the most Egyptian legal elites, especially stuck in legal age, 474 00:53:46,660 --> 00:53:51,310 came to say that Islamic Courts are not possible for the modern Egyptian state. 475 00:53:51,310 --> 00:53:56,560 Islamic law can be part of the civil law. But beyond that, there's no really need for some of these institutions. 476 00:53:56,560 --> 00:54:04,990 Thanks very much. I mean, Osama, do you have any any comment so we can move to the ICB of five questions already? 477 00:54:04,990 --> 00:54:07,030 There are plenty of questions, and it's a bit noisy here. 478 00:54:07,030 --> 00:54:14,680 So I will hopefully have the opportunity to sort of participate in really amazing discussion so far. 479 00:54:14,680 --> 00:54:21,010 And I don't want to deprive the various questioners from asking their questions, and I look forward to joining in midstream. 480 00:54:21,010 --> 00:54:26,980 Great. So shall I ask, shall we go back before the summer and ask in reading out the questions? 481 00:54:26,980 --> 00:54:32,050 Absolutely. I'm happy to actually go ahead and read the first go ahead. Go ahead and please forgive me. 482 00:54:32,050 --> 00:54:36,460 This some noise in the background occasionally, but hopefully you can hear me. 483 00:54:36,460 --> 00:54:43,620 And if there's any issues, please do that. So the first question comes from someone by the name of Simran Ahmed, who's asking, 484 00:54:43,620 --> 00:54:49,500 and it's not specified, who's being asked, but I suspect this may be of interest to both of you. 485 00:54:49,500 --> 00:54:56,640 Where does one place the concept of wilayat or sacred domain as implied in the context of Sufis of 486 00:54:56,640 --> 00:55:02,460 the mediaeval sort of mediaeval South Asia in relation to sovereignty of the mediaeval sultan? 487 00:55:02,460 --> 00:55:07,410 Does it hold an intermediate domain between sovereignty of the Sultan and God? 488 00:55:07,410 --> 00:55:12,880 That's the question. And I think this could be of interest to both of you. 489 00:55:12,880 --> 00:55:22,170 So but again, I think since we are dealing mediaeval, it might be in your terrain a little more to answer this question. 490 00:55:22,170 --> 00:55:25,740 I mean, I don't know Salman Ahmed either, but to answer this question, 491 00:55:25,740 --> 00:55:32,340 we have to disaggregate the problem and the question of the sovereignty of the sultan. 492 00:55:32,340 --> 00:55:39,900 I mean, the sovereignty of the sultan is itself a very compromised sovereignty, even in the best of times. 493 00:55:39,900 --> 00:55:45,930 There is nobody who sits there and writes, or yes, the sultan. Go, go, go. It's it's it's always. 494 00:55:45,930 --> 00:55:51,840 I mean, if anything, you know, in a sort of conventional 19th century type of conception, 495 00:55:51,840 --> 00:55:56,910 the thought that sovereignty would lie with the Caliph with or really with God himself. 496 00:55:56,910 --> 00:56:02,880 I mean, there is no such thing as sovereignty of the sultan in in an Islamic political thought, 497 00:56:02,880 --> 00:56:10,200 so that the question of the sovereignty of God and the nation should between willyou and the sovereignty of God. 498 00:56:10,200 --> 00:56:19,740 We know who gets to represent the sovereignty of God on Earth or how do we debate, but the discourse will be over who gets to represent it. 499 00:56:19,740 --> 00:56:24,000 And I think that debate is sort of settled in the 10th century now. 500 00:56:24,000 --> 00:56:27,270 What does that exactly entail and in practise? 501 00:56:27,270 --> 00:56:38,130 How does it affect the the the you know, it is one thing to study the lawyer of the Sultan of the Sufi in, say, 502 00:56:38,130 --> 00:56:43,350 not in the 9th century, whereas, you know, by the time of the massive and these, of course, there is no sultan. 503 00:56:43,350 --> 00:56:46,860 And I mean, there is there's hardly God in the match. 504 00:56:46,860 --> 00:56:50,400 Many writings, I mean, this would be master is sovereign. 505 00:56:50,400 --> 00:56:59,820 And he shows that by acting out of time, out of out of space goes, you know, he owns the entire world in his command. 506 00:56:59,820 --> 00:57:08,340 So. So I think the question needs to be replaced in order to be properly addressed 507 00:57:08,340 --> 00:57:15,030 and raised more in the sense of how is the sovereignty or the war or what, 508 00:57:15,030 --> 00:57:23,970 you know, how is the sovereignty of the Sufi master represented in practise and in writing? 509 00:57:23,970 --> 00:57:33,030 And and what are the Connexions? And that will allow us to sort of rethink that or understand the notion of malaria. 510 00:57:33,030 --> 00:57:37,860 But malaria is really the intersection of political thought with political practise. 511 00:57:37,860 --> 00:57:46,040 Otherwise, you're studying nothing. You're studying blood. So I mean, just to clarify and in a sense, you rephrase the question very nicely, 512 00:57:46,040 --> 00:57:50,480 and it would be sort of nice to get a little more of your thoughts on that. 513 00:57:50,480 --> 00:57:59,390 But when you're saying we well, there is a political theory with political practise, the will air of the sofa, of course, as you said, 514 00:57:59,390 --> 00:58:06,670 with respect to the natural Mondays and in the later period is fascinatingly not just a spiritual will, 515 00:58:06,670 --> 00:58:15,380 but you know, as you put it, this kind of global we are. They in a sense controlled the kings and the the the Caliph and so on. 516 00:58:15,380 --> 00:58:23,390 So I wonder what sort of strain that puts on, you know, notions of even caliph rules about different sort of sovereignty. 517 00:58:23,390 --> 00:58:28,460 Obviously, the sultan is kind of seen as something of an illegitimate almost in some understandings, 518 00:58:28,460 --> 00:58:36,170 except when it's fused, maybe in the Ottoman context. But it is there a conflict between the villa, especially when I have enough conditions. 519 00:58:36,170 --> 00:58:43,760 And the Caliph, for example, will the natural bounty chief will not will not have to worry about that because there is no caliph. 520 00:58:43,760 --> 00:58:45,710 I mean, to me, the Caliph is in the Tigris. 521 00:58:45,710 --> 00:58:51,680 The Mongols put him there and the imam looks or pretending to be Kato's, but nobody thinks that very seriously. 522 00:58:51,680 --> 00:58:58,110 So that's what if you want to if you want to think about it. So you know, it is. 523 00:58:58,110 --> 00:59:03,590 What's tremendously interesting is that from the 11th century, I mean, this is what intrigued by interesting. 524 00:59:03,590 --> 00:59:08,820 I mean, what's interesting to me? So let's think about it like this, OK? Others will find other things interesting. 525 00:59:08,820 --> 00:59:15,620 Would you have any? The problem with clearly early modern Islam is is soup. 526 00:59:15,620 --> 00:59:21,170 Now, no matter how, you know, whether there is no such thing as stupid. We all know there is to be movement. 527 00:59:21,170 --> 00:59:30,380 There are gazillions of would be movements. Gazillions of Sufi conceptions with early modern history belongs to the Sufis now. 528 00:59:30,380 --> 00:59:32,930 So then the question will be, you know, 529 00:59:32,930 --> 00:59:42,770 you have you can you can use early modern as as as an interesting concept that's sort of a heuristic device only if you understand it as leading you, 530 00:59:42,770 --> 00:59:46,700 taking you from one period and into another. 531 00:59:46,700 --> 00:59:51,080 So what does that change represent? How can that change? 532 00:59:51,080 --> 00:59:55,940 What is the historical process that is being that is being manifested, 533 00:59:55,940 --> 01:00:05,600 that is being reflected in the emergence of Sufi orders as the orders of history in India in the early modern period? 534 01:00:05,600 --> 01:00:12,920 Now, in other words, that historical change is really a study of religious change. 535 01:00:12,920 --> 01:00:20,120 So that and that and and, you know, while clearly the crystallisation is the post war period, 536 01:00:20,120 --> 01:00:26,300 the trends begin in the 11th century before the Mongol period and the way it also 537 01:00:26,300 --> 01:00:31,610 crosses the Sunni-Shia divide completely so that in its model of authority, 538 01:00:31,610 --> 01:00:42,320 in the way it uses hedges in the way it relates to this, this business of Sunni-Shia really ultimately makes absolutely no difference. 539 01:00:42,320 --> 01:00:46,700 And of course, the interesting thing is that that trend, 540 01:00:46,700 --> 01:00:53,210 in spite of everything that we are reading about Sunni Shia, Sunni Shia, Sunni Shia, even in the 20th century, 541 01:00:53,210 --> 01:01:00,980 one of the most fascinating comparisons that you can make is between Hassan Hammadi and al-Qaida at on the notion of how he, 542 01:01:00,980 --> 01:01:08,270 you know, when you used how he as a revolutionary concept. And in that sense, think about this presentation. 543 01:01:08,270 --> 01:01:12,650 OK, so maybe not. Maybe I mean, to me, it's it's amazing. 544 01:01:12,650 --> 01:01:20,660 Say it follows the cardinal of Egypt. You know, there's there's one person beholden to the to the West and to the to the call to the Empire. 545 01:01:20,660 --> 01:01:31,670 It's the idea of Egypt and especially the last. I mean, we we we learn of history classes at the billion of all of the period. 546 01:01:31,670 --> 01:01:36,320 But it's a little Marosi. 547 01:01:36,320 --> 01:01:44,390 I mean, uses resorts to his conception or the conception of the secularise in parliament of Egypt. 548 01:01:44,390 --> 01:01:48,230 The secular, rising moment in Egyptian history that will be there. 549 01:01:48,230 --> 01:01:55,580 It becomes the vocabulary of Islamist political thought in the 1960s. 550 01:01:55,580 --> 01:02:01,550 So he doesn't use it. I mean, it does not go to heaven. He does not go to God. 551 01:02:01,550 --> 01:02:07,980 He does not go to joy. He does not go to any of those. He goes, and he uses the order. 552 01:02:07,980 --> 01:02:16,320 And and and and and and I, you know, in that sense, it's if you think about, for instance, 553 01:02:16,320 --> 01:02:25,050 that way Schultz distinguishes between the various Reinhold Schultz that this this classifies the various Islamist discourses in the modern period. 554 01:02:25,050 --> 01:02:32,490 So which one? Which ones use the past as myth and which ones use the past the past as utopia? 555 01:02:32,490 --> 01:02:39,270 And how that affects the agenda that the revolutionary agenda that they did that they set? 556 01:02:39,270 --> 01:02:42,420 But to me, it's fascinating that, you know, 557 01:02:42,420 --> 01:02:50,580 from the 11th century until the sort of the 20th century you have this, this you have people reading each other. 558 01:02:50,580 --> 01:03:00,710 And then all of a sudden in the 20th century, from Islamists to king to secular to whoever is sitting there is arguing whether or not 559 01:03:00,710 --> 01:03:07,270 our sovereignty is as good as the European one or as or the or that we should rethink it. 560 01:03:07,270 --> 01:03:15,590 Thank you very much, and again, I guess for some, you have your hand up and I think you have plenty to add to this conversation, 561 01:03:15,590 --> 01:03:19,300 so I'll just hand it over to Sammy and then face that you can take it there on. 562 01:03:19,300 --> 01:03:26,980 That's right. So just very quickly, openly surprised if Islamists will go back to Brazil in the beginning because again, 563 01:03:26,980 --> 01:03:32,140 the entire system of the hour functioning is not based on some of these conceptions. 564 01:03:32,140 --> 01:03:40,090 I would even claim something that actually come in the conversations amongst these committee members who founded the Egyptian Constitution 1923. 565 01:03:40,090 --> 01:03:44,410 I would claim that sovereignty, or Ziada, is a rejection of malaria. 566 01:03:44,410 --> 01:03:52,450 Look, Aziz Benedict made the argument, saying, Guys, Egypt can be independent and can be free but cannot be sovereign. 567 01:03:52,450 --> 01:03:58,810 He says Egypt was never sovereign and the Ottomans. Egypt was not sovereign under the British even claims that look, 568 01:03:58,810 --> 01:04:04,390 Algeria and Tunisia were described in the Constitution under the defence to be free and independent. 569 01:04:04,390 --> 01:04:11,140 So for him, sovereignty is not is not wilayat clearly as it's understood it. 570 01:04:11,140 --> 01:04:18,880 So, for example, he said. So he added that Egypt had no sovereignty under these times because sovereignty 571 01:04:18,880 --> 01:04:25,420 is basically has is the ultimate authority beyond which has no other power. 572 01:04:25,420 --> 01:04:34,930 So he argued that in Egypt, sovereignty is made of three elements Homeland Watan, Second Nation or third, 573 01:04:34,930 --> 01:04:42,340 the ability to govern this nation within this homeland, as well as the ability to legislate for them. 574 01:04:42,340 --> 01:04:48,160 So the absolute sovereign power diminished shares to family any authority beyond it. 575 01:04:48,160 --> 01:04:54,880 So I so I guess my proposal here is that the modern conceptions of sovereignty are intentionally 576 01:04:54,880 --> 01:05:01,810 a rupture designed to move away from what Muslim blake of what used to function is not. 577 01:05:01,810 --> 01:05:07,510 So I get a bit sometimes surprised that people think that we can have the continuation of some sort, 578 01:05:07,510 --> 01:05:14,960 that this is not the conversation of people who made up this new system. They reject that system for obvious reason that state them themselves. 579 01:05:14,960 --> 01:05:23,960 I'm to here. I'm sorry, so we have a couple of, you know, one for the game and then another one for Sammy. 580 01:05:23,960 --> 01:05:33,290 So the one from the Guinness Millard or Derby, I'm really trying to understand your methodological intervention if I understand correctly your 581 01:05:33,290 --> 01:05:40,190 highlight one the limit imposed by the European canon in both the West and modernising Islamic world, 582 01:05:40,190 --> 01:05:49,550 and to the emphasis of scholars who face the limit of the canon on income, insurability and untranslated ability of the Islamic past. 583 01:05:49,550 --> 01:05:53,840 Can you elaborate on your methodological way out of this, Abbas? 584 01:05:53,840 --> 01:05:59,360 Are you suggesting that the modern schmitty, an exceptional concept of sovereignty, 585 01:05:59,360 --> 01:06:04,100 is sufficient to translate across past and present Islam and the West? 586 01:06:04,100 --> 01:06:09,440 Hopefully, my misunderstanding can help you further elaborate your argument. 587 01:06:09,440 --> 01:06:12,980 Well, thank you. Whenever you put this question, no, 588 01:06:12,980 --> 01:06:22,400 your misunderstanding will not help me further elaborate my argument two more hours of sitting here and discussing this will, but we were. 589 01:06:22,400 --> 01:06:26,930 Obviously, we can't do that. So. 590 01:06:26,930 --> 01:06:36,440 It's very interesting this is exactly how I used to write my own questions and when I when I attended talks 20 years ago, not there's one. 591 01:06:36,440 --> 01:06:41,090 I mean, there's no methodological impacts. 592 01:06:41,090 --> 01:06:43,940 All we need to do is to read the texts and read the past. 593 01:06:43,940 --> 01:06:54,320 I mean, this is the notion of sovereignty itself and the modern debates on sovereignty, as Sony has shown that too has its own moment in history, 594 01:06:54,320 --> 01:07:00,440 which is when these lawmakers are sitting in the 1920s and saying we cannot use 595 01:07:00,440 --> 01:07:05,990 concepts of the past two to write about sovereignty because sovereignty is different. 596 01:07:05,990 --> 01:07:14,300 Now, obviously, this is tied in to the notion of all the state and the notion of Islam and the way in which Islam is, 597 01:07:14,300 --> 01:07:20,390 is that is seen and and sort of internalised as the impediment. 598 01:07:20,390 --> 01:07:27,950 It's seen as religion, be it seen as an impediment to the modern to modern political life. 599 01:07:27,950 --> 01:07:37,070 So that, for instance, if you think about victimology of the word sovereignty itself, that etymology is very clearly tied to kinship and it preserves. 600 01:07:37,070 --> 01:07:41,180 It is maintained and preserved when kinship itself is abolished. 601 01:07:41,180 --> 01:07:48,910 Sovereignty does not, does not sort of get tossed into the dustbin of history when you have a republic. 602 01:07:48,910 --> 01:07:52,540 Although it very clearly is tied to the concept of sovereignty. 603 01:07:52,540 --> 01:07:57,400 But in the deliberations of the Egyptian parliament, if we ought to examine on his word, 604 01:07:57,400 --> 01:08:03,290 then precisely, you see, because that, for instance, we don't have we take if we don't talk about, 605 01:08:03,290 --> 01:08:10,210 we can talk about bologna or because we don't want things we don't write about, we don't write about Malta, 606 01:08:10,210 --> 01:08:23,050 which is such a rich which has such a rich conceptual history in the writings on on in, in the political, maybe pre-modern political discourse. 607 01:08:23,050 --> 01:08:30,520 So that would that that that's precisely that effort and precisely that know whether it's felicitous or not. 608 01:08:30,520 --> 01:08:38,380 But that effort is a part of the archaeology of sovereignty in the Islamic world, so that when you look at that, I mean, 609 01:08:38,380 --> 01:08:48,550 a lot of a lot of the the history of the early 20th century is taken up precisely with these questions now by critics of governments, 610 01:08:48,550 --> 01:08:51,070 by governments themselves. 611 01:08:51,070 --> 01:09:00,760 And, you know, across media, across even divides of sovereignty, sovereignty as an independent states or in the case of the Bible, 612 01:09:00,760 --> 01:09:09,830 Egypt, which of course, independence is that is indirect at best or sovereignty is discussed indirectly at best. 613 01:09:09,830 --> 01:09:17,710 People that could be what Egypt is to higher notions of authority, even even as Nixon. 614 01:09:17,710 --> 01:09:28,090 So so that in other words, the history of sovereignty in the Islamic world in the 21st century is a war in the second half of the 20th century. 615 01:09:28,090 --> 01:09:40,750 We'll have to reflect these very deliberations over what it is that how what it is, how is it the sovereignty can be defined, it can be defined. 616 01:09:40,750 --> 01:09:48,430 But when we when we are studying it, milord, we are. 617 01:09:48,430 --> 01:09:56,440 Am I suggesting that the modern schmitty, an exceptional concept of sovereignty there is nothing modern in Schmidt's articulation, 618 01:09:56,440 --> 01:10:03,500 imagines himself is the first one to concede that this idea that you stand outside of the law and you stand outside of God, 619 01:10:03,500 --> 01:10:08,710 I mean, that's why it's political theology. It's political theology because it sort of starts with God. 620 01:10:08,710 --> 01:10:17,440 That is precisely the role that God himself envisaged in the rule that is envisaged for God in the Old Testament. 621 01:10:17,440 --> 01:10:23,260 So what exactly is modern political thought and do we do? 622 01:10:23,260 --> 01:10:27,010 And the elephant in the room is in or indeed, 623 01:10:27,010 --> 01:10:36,610 any of these discussions is whether or not we bow to the implement through ability between political thought and political institutions on the ground. 624 01:10:36,610 --> 01:10:42,380 But that is not an issue that can result in a discussion on political thought. 625 01:10:42,380 --> 01:10:49,190 In other words, whether or not we have a robust nation state that corresponds to robust discussions of sovereignty, 626 01:10:49,190 --> 01:10:51,530 we have robust discussions of sovereignty, 627 01:10:51,530 --> 01:11:01,670 Islamic history precisely where there are robust crises in political representation and political authority as an 11th century as in the 20th century, 628 01:11:01,670 --> 01:11:12,620 so that a robust discussion does not is not the existence or absence of sovereignty is something that we should. 629 01:11:12,620 --> 01:11:18,470 But I think will not lead to a fruitful discussion. 630 01:11:18,470 --> 01:11:24,650 That's what we mean by a concept that is perennial by a principle that is found across cultures, 631 01:11:24,650 --> 01:11:30,470 across times, there is no such thing as a political order without a notion of sovereignty. 632 01:11:30,470 --> 01:11:38,780 I'll stop there. Thank you very much thinking that again, very, very rich sort of reflections on the process. 633 01:11:38,780 --> 01:11:46,490 Both of you and I wish we had a lot more time than we have, unfortunately, but we only have another 13 minutes or so. 634 01:11:46,490 --> 01:11:50,330 And I wanted to ask some of the next question. 635 01:11:50,330 --> 01:11:52,970 I'm going to ask the question that my dear Scalia has asked, 636 01:11:52,970 --> 01:12:00,380 but I must say it's tie in with that based on a comment you just threw in where you in a rather animated fashion, if I may say so. 637 01:12:00,380 --> 01:12:05,780 It's pointed out that these people were trying to create a distinction that the people who are 638 01:12:05,780 --> 01:12:11,480 coming up with this modern notion of the other were trying to depart from the previous tradition. 639 01:12:11,480 --> 01:12:16,370 So why would modern Islamists try and jump over them and engage in? 640 01:12:16,370 --> 01:12:20,420 But I mean, I think the the sort of the common understanding, of course, 641 01:12:20,420 --> 01:12:25,490 is that modern Islamists are a mediaeval throwback and there are various ways in which that's, 642 01:12:25,490 --> 01:12:30,620 you know, a misunderstanding, but they also very often market themselves in that way. 643 01:12:30,620 --> 01:12:36,320 Right? I mean, they often will say that, look, we are engaging with the original sources and so on. 644 01:12:36,320 --> 01:12:42,710 But I suppose you point out in response to my question that, you know, 645 01:12:42,710 --> 01:12:48,500 reaching for the original sources isn't the same as reaching for those early or Joannie or Al-Marayati. 646 01:12:48,500 --> 01:12:56,990 Right? So I guess my question is that my own personal question before I get to my desk is is the name of his recent book, 647 01:12:56,990 --> 01:13:03,510 which I don't know if you've had the time to read, but you know, he posits, in my view, rather provocatively, 648 01:13:03,510 --> 01:13:13,610 but in many respects rather compellingly that, you know, there isn't sufficient continuity to really refer to this as the same tradition in the 649 01:13:13,610 --> 01:13:19,460 MacIntyre sense that Assad posits this notion of Islam being a discursive tradition. 650 01:13:19,460 --> 01:13:24,560 And so even these modern sort of like modernist groups can be considered to be part of the Islamic tradition. 651 01:13:24,560 --> 01:13:29,780 But in a sense, they have made a very deliberate rupture with that tradition. 652 01:13:29,780 --> 01:13:34,040 As you illustrate. And so they can't really be considered part of the same tradition. 653 01:13:34,040 --> 01:13:37,940 I'd love to hear your take on that and that the serious question is, 654 01:13:37,940 --> 01:13:47,030 would somebody expand on the definition and scope of what he's written in Persian, but Ayatollah al-Ahmar, please? 655 01:13:47,030 --> 01:13:57,890 This concept seems similar to the narrative healthy, which is obviously the key concept that is currently sort of ruling Iran and nobody 656 01:13:57,890 --> 01:14:02,600 us that my understanding was that such a concept was really a concept rather. 657 01:14:02,600 --> 01:14:06,520 But it looks like within some ism, there is a comparable sort of notion. 658 01:14:06,520 --> 01:14:12,920 OK, thank you. Thank you so much. So and thank you, Mary, for your question. 659 01:14:12,920 --> 01:14:15,680 So I did not mention anything about something scored with Ayatollah Ali Khamenei. 660 01:14:15,680 --> 01:14:24,890 Just to be clear, and I don't claim that all of my even made this kind of proposition themselves look in my current work. 661 01:14:24,890 --> 01:14:33,500 There is a general thesis that is obviously and can maintain in the field in relation to the secularisation of law in Egypt, 662 01:14:33,500 --> 01:14:37,520 the famous work by Assad and others, which show this very clearly. 663 01:14:37,520 --> 01:14:37,940 However, 664 01:14:37,940 --> 01:14:46,370 I would say that intellectual history is insufficient to give us insights into the processes by which that was again brought into materiality people. 665 01:14:46,370 --> 01:14:56,360 I would claim in my current work that if we give a much more insight and attention to what I claim is procedure. 666 01:14:56,360 --> 01:15:05,480 Procedure is a very mundane, very technical field of research, I think is much more. 667 01:15:05,480 --> 01:15:10,800 It is not interesting side of historical research. I think this is actually you must look more carefully into this. 668 01:15:10,800 --> 01:15:16,160 For example, Egypt started to get the rise of regulatory ahead of it. 669 01:15:16,160 --> 01:15:21,430 Now we have everything. Has Hatzalah OK? Is it always a regulation of some sort? 670 01:15:21,430 --> 01:15:26,620 Liberals have for organising where donkeys goes in Egypt is elected, I would imagine. 671 01:15:26,620 --> 01:15:35,630 Would the mosques? So this everywhere the delay, but also the advocates have warned ever how so so many things going on in this regard. 672 01:15:35,630 --> 01:15:41,540 I think we should look into what the details of this procedural law that made them some of these things possible. 673 01:15:41,540 --> 01:15:45,860 For example, in Islamic Courts, we learn in the UAE in the 1980s. 674 01:15:45,860 --> 01:15:51,050 Less than 20 percent of Islamic Courts decision was actually applied. 675 01:15:51,050 --> 01:15:53,440 I was shocked about that. I wasn't aware. 676 01:15:53,440 --> 01:16:01,880 So how that was possible, I learnt that in the late in nineteen ninety seven, the heyday of past a quote unquote administrative position, 677 01:16:01,880 --> 01:16:08,450 this vision saying that those who will enforce Islamic Courts decisions are, quote unquote jihad, 678 01:16:08,450 --> 01:16:13,550 they are literally means administrative employees is no longer a kind of law enforcement. 679 01:16:13,550 --> 01:16:18,210 If you think about it, this is completely unlike how the. 680 01:16:18,210 --> 01:16:23,370 How this natural course is to operate my point of departure here is saying this a certain type of procedural 681 01:16:23,370 --> 01:16:29,790 rules that made possible why people started going to these national courts and not Islamic Courts, 682 01:16:29,790 --> 01:16:32,820 not because these things are interesting or new and modern, 683 01:16:32,820 --> 01:16:40,530 but for procedural and much more mature reasons that made similarly difficult for you to get your positions and your judgement to be in force. 684 01:16:40,530 --> 01:16:44,700 Getting anything out of this is more expensive and so on and so forth. 685 01:16:44,700 --> 01:16:50,070 So I think this is a much more interesting side to look into onto into the details 686 01:16:50,070 --> 01:16:55,350 of that process of securitisation and how this institution demarcation functions. 687 01:16:55,350 --> 01:16:59,460 To my surprise, if you ask anybody who study American law today, for example, 688 01:16:59,460 --> 01:17:06,930 we don't think we know everything about who the American judges, the names, what they do, the position, the politics, the favourite foods. 689 01:17:06,930 --> 01:17:12,930 If we ask the same question about Muslim judges in Egypt, no one knows anything about the names for these guys came from. 690 01:17:12,930 --> 01:17:19,170 So they are nameless. We reduce them into a position of law. We have nothing about the networking, the training. 691 01:17:19,170 --> 01:17:24,490 Again, I think this is completely not something that we should undertake. 692 01:17:24,490 --> 01:17:27,690 We need to look into this more carefully in this way. 693 01:17:27,690 --> 01:17:36,120 So so this all in a class classroom, people thought until 2008, but the Muslim judges still today, there's no any history is of. 694 01:17:36,120 --> 01:17:40,200 Was there any of the Ministry of Justice in Egypt still today? Who is this minister? 695 01:17:40,200 --> 01:17:47,010 Is the picture. It's very difficult to find. The individual details are completely out there, but you have to look into this. 696 01:17:47,010 --> 01:17:54,240 I found this to be more important than simply asserting a general abstract theories about how things are defunct in Egypt. 697 01:17:54,240 --> 01:17:59,160 Because without these details, I think we'll lose a lot to a question about Islamists. 698 01:17:59,160 --> 01:18:01,980 Look, Middle East expert in the field. You're the expert. 699 01:18:01,980 --> 01:18:08,190 My point was just a basic observation that people would say what Islamists are not engaging with Jane. 700 01:18:08,190 --> 01:18:14,730 So and my point, why join it and why nobody does embody inform how the Egyptian state functions today? 701 01:18:14,730 --> 01:18:20,040 Domestic price, for example, I'm working with this Egyptian Constitutional Court, which claims that in Egypt, 702 01:18:20,040 --> 01:18:27,360 the president is Israeli in Egypt, the Constitution, that the judiciary made clear that the president is no longer really. 703 01:18:27,360 --> 01:18:33,240 But that court affirm that the president is willing. I wonder where this coming from. 704 01:18:33,240 --> 01:18:40,020 This is not coming from to Egypt, for sure. This is this is wrong. 705 01:18:40,020 --> 01:18:42,150 I'm going to stop there because a lot of questions. 706 01:18:42,150 --> 01:18:54,780 But this is the funny part about this that it's unclear how the modern government functions allow themselves some of these authorities by simply, 707 01:18:54,780 --> 01:19:01,350 we take for granted that somehow the Egyptian Supreme Court in Egypt today, in the moment which is speaking somehow can sell the Koran. 708 01:19:01,350 --> 01:19:10,560 And so if you meet some of these judges in person or meet an Iraqi or Syrian judge in person, we'll see the immediate difference in training language. 709 01:19:10,560 --> 01:19:16,830 There is receptive to Islamic law. And yet with that firm, something that is Islamic law, we should somehow take that for granted. 710 01:19:16,830 --> 01:19:20,640 And this is what the reason why Islamic law in Egypt. I'm not taking them seriously. 711 01:19:20,640 --> 01:19:24,510 I think this is completely something to be approached further. 712 01:19:24,510 --> 01:19:30,900 Thank you. Thank you very much. Sami. I don't know if you want to sort of take things any further. 713 01:19:30,900 --> 01:19:36,780 I understand we need to wrap up in about five minutes and we do have a couple 714 01:19:36,780 --> 01:19:40,680 of very brief questions and they seem to be more about the capable state. 715 01:19:40,680 --> 01:19:51,030 So am I. I was going to redirect them to Sami, and I, as per usual in these wonderful seminars, 716 01:19:51,030 --> 01:19:54,510 have a whole list of questions which could take us on for another hour. 717 01:19:54,510 --> 01:19:58,260 But I'm not going to sort of torture anyone at this point in time. 718 01:19:58,260 --> 01:20:05,430 But just these two questions very briefly, and I think they may be the same question from Mohammed Shahin, 719 01:20:05,430 --> 01:20:12,060 who asks What is the extent of the what was the extent of the Austrian state in Egypt? 720 01:20:12,060 --> 01:20:18,330 And the other one basically we phrases this is the extent of the influence that the Ottoman state, in particular, Egypt. 721 01:20:18,330 --> 01:20:19,340 So this is more for. 722 01:20:19,340 --> 01:20:28,260 You think you know, OK, so answer this question with based on what time period that we are discussing the time period that internally can occur, 723 01:20:28,260 --> 01:20:33,150 only focussing on its colonial Egypt when the British occupied in 1882. 724 01:20:33,150 --> 01:20:42,510 In this context, the British had actual material military power and administration over Egypt under the Ottoman course. 725 01:20:42,510 --> 01:20:50,460 So in this framework, the Ottomans had some say on on some things and not others so. 726 01:20:50,460 --> 01:20:57,210 So to have a specific kind of answer to the controls of that power? 727 01:20:57,210 --> 01:21:02,130 Well, I don't think we can, but we can see some of these glimpses of the Ottoman, for example, Ottoman. 728 01:21:02,130 --> 01:21:09,540 So one has to issue a four man one with the appointments of the PDP, for example, even if the idea was was fired by the British. 729 01:21:09,540 --> 01:21:17,880 But usually they need to have an official. Ultimately, it's an edict or decree to allow a new position in a new. 730 01:21:17,880 --> 01:21:21,870 You have to come to power some of the issues with regards to Egypt seeking loans, 731 01:21:21,870 --> 01:21:26,910 issues with regard to going to international treaties that are kind of the ultimate has always been involved. 732 01:21:26,910 --> 01:21:35,210 Some of this conversation in terms of the internal administration of the Egypt that was really completely separate to some extent, 733 01:21:35,210 --> 01:21:45,390 to do to a great extent. However, Islamic Courts ironically continue to be a symbol of optimum political sovereignty in Egypt because look, 734 01:21:45,390 --> 01:21:49,890 Islamic courts across what I call East London under the Ottomans. 735 01:21:49,890 --> 01:21:56,160 If you go and the target stretches in front of a Muslim judge in Jerusalem or Muslim judge in Anatolia, 736 01:21:56,160 --> 01:22:00,600 a Muslim judge in Syria, Muslim religion, Egypt, all of the judgements where valid. 737 01:22:00,600 --> 01:22:05,010 If you just bring the judgement to Egypt and it enforces them for you, there's no problem at all. 738 01:22:05,010 --> 01:22:11,620 OK, so the assumption then that that system was unified, it is part of how the Ottoman order is to function. 739 01:22:11,620 --> 01:22:15,240 Now that, of course, can a completely diminished after were one. 740 01:22:15,240 --> 01:22:20,850 So again, the question can be answered different ways that will depend on exactly what the institutions, 741 01:22:20,850 --> 01:22:25,320 what table domains would like to investigate and so on and so forth. 742 01:22:25,320 --> 01:22:32,910 Thank you very much. I think I'll hand over to Faisal at this point. Yes. So let shall we give the last word to Negin and then we can simply. 743 01:22:32,910 --> 01:22:43,260 Well, all I want to say is that it is a very rich discussion, and I'm very glad that that we had it. 744 01:22:43,260 --> 01:22:54,450 I think that the question of whether or not Salih adequately engages with with Jordanian 745 01:22:54,450 --> 01:23:00,870 instead of the Egyptian constitution of 1923 is not the answer to the question, 746 01:23:00,870 --> 01:23:02,880 of course, is not why should he? 747 01:23:02,880 --> 01:23:12,470 If he doesn't, but the question is why he doesn't and to compare him with other Islamist thinkers of the period when back did. 748 01:23:12,470 --> 01:23:21,720 And that itself will, I think, go a long way in explaining, for instance, from the legal point of view, 749 01:23:21,720 --> 01:23:30,810 one of the most interesting things about Islamic Courts in the 19th century is that as the state becomes more secular, 750 01:23:30,810 --> 01:23:36,900 the jurists in fact become more independent. So this that secularity, 751 01:23:36,900 --> 01:23:49,750 the secular quotient in the political apparatus becomes a lot more fortified as a result of a number of factors in the 19th century. 752 01:23:49,750 --> 01:23:58,950 And then the jurists become more independent and they adjudicate and they theorise in in in completely new ways. 753 01:23:58,950 --> 01:24:12,180 There's a wonderful article by Chris Christie a burner on on the on the legal history of Iran in the 19th century, and which work is precisely on new, 754 01:24:12,180 --> 01:24:25,800 I mean, completely new innovations in Islamic contracts, the printing to replace where you would not expect to to study as the locus of legal change. 755 01:24:25,800 --> 01:24:33,990 But in the study of contracts, which you know as a as a very prevalent branch of Islamic law, has a long history of completely new contracts, 756 01:24:33,990 --> 01:24:41,460 new ideas of contracts that emerge in the 19th century as the legal system changes 757 01:24:41,460 --> 01:24:49,320 in response to the growth of or the development of a secular state apparatus. 758 01:24:49,320 --> 01:24:55,640 So I think that the last word on that debate is yet to be said. 759 01:24:55,640 --> 01:25:00,370 We have to stay tuned in for it. But thank you everyone for it. 760 01:25:00,370 --> 01:25:04,200 I very much enjoyed this session. Thank you. 761 01:25:04,200 --> 01:25:10,560 Thank you so much. And I have actually pulled up for what the next session is. 762 01:25:10,560 --> 01:25:14,250 Would you like me to do it or do you have? Yes, please, please announce it. 763 01:25:14,250 --> 01:25:19,410 So, you know, just very briefly, thank you to everyone for attending this week. 764 01:25:19,410 --> 01:25:25,350 It's really been a wonderful and very engaging seminar. And in two weeks time, this is a fortnightly seminar. 765 01:25:25,350 --> 01:25:33,750 We'll be having Nasrin Badawi and Murad Edris both sort of coming in from different parts of the world. 766 01:25:33,750 --> 01:25:41,490 Nasrin will be speaking about debating. It's on the theme is violence, and Nasreen will be talking about debating militancy in the modern world. 767 01:25:41,490 --> 01:25:47,940 Whereas Murad will be talking about theorising, calling colonialism, capitalism and violence in an Islamist key. 768 01:25:47,940 --> 01:25:54,240 So we'll be back with the Islamists before long. But thank you so much to both of you. 769 01:25:54,240 --> 01:25:55,140 Thanks, Faisal. 770 01:25:55,140 --> 01:26:10,140 And it really has been an eye-opening hour and a half, and we look forward to having you in Oxford in-person again before long and until next time. 771 01:26:10,140 --> 01:26:28,242 Have a good evening.