Opposition to Israel’s first Qadiya

ABSTRACT

In 2017, following a fraught 22-year struggle, Israel appointed the first female judge (sing. qadiya, pl. qadiyat) to its Islamic (shari’a) courts. This contrasts with the earlier appointments of qadiyat around the world, most notably in the Palestinian Authority in 2009. The Israeli shari’a courts’ jurisdiction over family law, a field of law which engages in women’s issues, makes the introduction of qadiyat particularly salient. This article is among the first to focus academic research on the issue of qadiyat within Israel and is based on field interviews with practitioners and academic experts, as well as documentary primary and secondary sources. This article finds that the obstacles that delayed the appointment of Israel’s first qadiya were a manifestation of the political impact Muslim minority status had on the country’s Muslim and Jewish establishments.     

Justice for All? Accountable Translations of Texts on Indigenous Law

ABSTRACT

This article addresses challenges arising from the guarantee in South Africa's Constitution (1996) of continued use of indigenous law. This law has been handed down in oral form, but increasingly, written sources are needed when cases relating to indigenous law are heard in South Africa's higher courts. Although access to this kind of information is vital to empowerment and justice in Africa, wider access is hampered by different literacy levels and language differences. This article examines accountable translation into English of legal anthropological texts, referring to a case study on law practised among the Nkuna of Ritavi to demonstrate some of the complexities. The article considers the Anglo-American translation tradition's preference for idiomatic translation (paraphrasis) rather than word-for-word faithfulness (metaphrasis). It advocates focusing on the Skopos (purpose) of texts negotiated with the author. It also proposes foregrounding the hermeneutic engagement of translators as readers. For the text in the case study, it suggests two translations, for two audiences: one into an academic register (for academics, legal experts, and educated members of the Nkuna community), and one into Plain English (mainly for members of the Nkuna community for whom English is a second language). To address political dimensions of responsible translation, metatextual strategies espoused by feminist translators to increase translators’ visibility and accountability can be used, and postcolonial translation theory should be considered.     

Elite Indigenous Masculinity in Textual Representations of Aboriginal Service in the Vietnam War

This article analyses three texts that feature Aboriginal soldiers or veterans of the Vietnam War as protagonists: the novel Not Quite Men, No Longer Boys (1999), the play Seems Like Yesterday (2001) and the Redfern Now television episode “The Dogs of War” (2013). In all three texts, military service in Vietnam inculcates among the protagonists sentiments constitutive of what Brendan Hokowhitu refers to as elite Indigenous masculinity—the mimicry and appropriation of white hegemonic masculinity. Constructing themselves as elite Indigenous males allows the Aboriginal soldiers/veterans to position themselves as superior to “other” Aboriginal males. Through the course of the texts, though, the protagonists come to realise that elite Indigenous masculinity is a myth because civilian (white) Australia will continue to judge them the same as other Aboriginal men. Through encounters with other Aboriginal men, the Aboriginal soldiers/veterans are able to reconceptualise their own masculinities and to accept the legitimacy of multiple Aboriginal masculinities.     

Another Form of Aboriginal Exemption — Employment as Protection Against Removal

The Queensland Aboriginals Protection and Restriction of the Sale of Opium Act 1897, which introduced the system of exemption certificates, also initiated another form of “exemption” — one based on employment. The Act permitted “lawfully employed” Aboriginal people to be “excepted” from forcible removal to reserves. Those placed on an Aboriginal reserve faced a restrictive life of disconnection from Country, kin networks, and traditional practices and way of life. Many Aboriginal people found employment in the pastoral industry and thus avoided the Act's provision of removal to a reserve. This paper interrogates government records and reports to provide an understanding of the development and implementation of this legislation and the racial ideologies underpinning it. The 1898 diary of a Queensland pastoralist who employed Aboriginal men on his station is also examined to obtain an understanding of the roles, experiences, and position of Aboriginal people in the pastoral industry during this period. These findings reveal that despite hardships faced in the pastoral industry, Aboriginal people found advantages in this form of employment. Through their highly sought-after pastoral skills and expertise, and strategic engagement with Europeans, Aboriginal people excelled in the pastoral industry, and many achieved significant levels of freedom and success.     

The party,the Gama’a and the Tanzim: the organizational dynamics of the Egyptian Muslim Brotherhood’s post-2011 failure

Abstract

In April 2011, the Egyptian Muslim Brothers (MB) founded the first political party in their 83-year-long history, known as the Freedom and Justice Party (FJP). Yet the party remained under the control of its parent organization—the Gama’a (literally the ‘community’)—and its internal apparatus, the Tanzim. While both had been shaped during decades of MB’s semi-clandestine existence as a banned-yet-tolerated group, these did not adapt to the changing socio-political configuration and have resisted the transition to fully overt activity. Through an analysis of the FJP’s uneasy creation and with a grounding of extensive empirical research, this article argues that the party’s development was to a certain extent hampered by those pre-existing organizational structures. Organizational crystallization prevented the party from conforming to the emerging rules of the political field then under construction. Instead, the Gama’a’s undefined nature and opaque pattern of regulation were replicated within the FJP’s structure. Thus, the article seeks to uncover a hitherto hidden aspect of in the MB’s post-2011 failure, one which is rooted in organizational dynamics.     

Ghosts in the Shell: On South Africa,the USA and Japan

This article surveys American literary responses to the rise of Japan as an economic power during the period from the late 1970s to the early 1990s, and examines how these responses were anticipated in the writings of the South African author Laurens van der Post. Paying particular attention to van der Post’s autobiography, Yet Being Someone Other (1982), I suggest that the author’s formative experiences aboard a Japanese trading vessel in 1926, coupled with South Africa’s close-knit trading relationship with Japan in the 1980s, enabled a perspective on Japan’s economic ascendancy that was markedly less reactionary than those in the USA. By emphasizing the historical contexts that held true at the time of publication, I situate Yet Being Someone Other in a framework that deliberately circumvents—without necessarily confronting—van der Post’s preferred version of his life story. Rather than “recovering” the author’s ‘place in the canon of South African literature, this article is intended to incorporate the author’s work into ongoing discussions of the representation of Japan and the Japanese in twentieth-century Anglophone writings.     

Chachawarmi: Rhetorics and Lived Realities

Latin America's turn away from neoliberalism and adoption of decolonising alternatives to development has been spearheaded—nowhere more so than Bolivia—by indigenous movements. The gender ideology of chachawarmi is part of this decolonisation programme, but has been criticised for disguising gendered exploitation. These tensions are explored by looking at, in Escobar's words, ‘the concrete struggles within particular communities’. Based on long‐term research in rural Bolivia, this article situates the chachawarmi ideal in the multiple influences on the recreation of gender identities, and considers the complex ways in which chachawarmi as mobilised politically may influence gendered power.     

Regulating the race: Aboriginal children in private European homes in colonial Australia

Abstract

This article focuses on the incorporation of Aboriginal children into European families on a private basis in the colonial era. While state-based missions and reserves were central sites where Aboriginal children were placed, other Aboriginal children were privately placed with European families during the colonial era. This article explores the shifting reasons for this practice. It finds that Aboriginal children who entered European families away from the control of the state came under the control of Europeans through a variety of ways. Initially, Aboriginal child removals were conducted during the course of violent frontier conflict or involved children who had been impacted by introduced European diseases. Smaller numbers of Indigenous children were taken as objects of curiosity. As the nineteenth century progressed, however, it became increasingly common for settlers to take Indigenous children for labour purposes. The article argues that the white middle-class family was positioned as a site for “civilising” children, where the moral regulation of childhood was conducted. This article adds a new dimension to colonial understandings about the role and structure of the family. It also expands understandings about Indigenous child removal in Australia's past.     

The council of expediency: crisis and statecraft in Iran and beyond

Abstract

Giorgio Agamben argues that in contemporary governance the use of ‘emergency’ is no longer provisional, but ‘constitutes a permanent technology of government’ and has produced the extrajudicial notion of crisis. The engendering of ‘zones of indistinction’ between the law and its practice is what Agamben defines as a ‘state of exception’. This article adopts the notion enunciated by Agamben and revisits it in the Islamic Republic of Iran. There, the category of crisis has been given, firstly, a juridical status through the institution of maslahat, ‘expediency’, interpreted in a secular encounter between Shi^ca theological exegesis and modern statecraft. Secondly, crisis has not led to the production of a ‘state of exception’ as Agamben argues. Instead, since the late 1980s, a sui generis institution, the Expediency Council, has presided and decided over matters of crisis. Instead of leaving blind spots in the production of legislative power, the Expediency Council takes charge of those spheres of ambiguity where the ‘normal’ – and normative – means of the law would have otherwise failed to deliver. This is a first study of this peculiar institution, which invites further engagement with political phenomena through the deconstruction and theorization of crisis politics.     

Xenophobia,ethnicity and national identity in eastern Germany

This article offers an explanation of the latent xenophobia in post‐unification eastern Germany from the perspective of national identity. Easterners over‐emphasised ethnicity as the one remaining identity pillar that was still not threatened by the transition processes of unification. However, instead of focusing on the ‘self — on pride in tradition, history and culture, easterners concentrated on the ‘other’ — on ethnic exclusion and ethnic chauvinism. The united Germany therefore faces the challenge of filling the empty shell of German ethnicity with a positive meaning.     

Uruguay’s long transitional decade and a new era of gendered activism

This article examines the nature and type of women’s activism before, during, and after Uruguay’s dictatorship, arguing that advocacy during the latter part of the country’s military rule paved the way for an increased role for women in society after democracy was restored. Focusing on the female-led movement to place the 1986 Ley de Caducidad (Law of Expiry or amnesty law) before a national referendum, it analyzes how women marshaled a gendered identity that had been effective in campaigning against the military. Through examining connections between earlier women’s movements and the 1980s, the article explores how challenging a key piece of legislation in the recently restored democratic environment ultimately forged a new era of activism for women in post-authoritarian Uruguay. The article ultimately rethinks the process of Uruguay’s transition, the continual negotiations over what is included in human rights discourse, and the importance of gendered activism in transitional societies.     

Watching Bran Nue Dae in Japan

While recently teaching in Japan, I used the Australian film Bran Nue Dae (2009), directed by Rachel Perkins, in one of my courses. The mixed, but non-Australian students, were interested to discuss why a film that was partly about family and historical trauma was a comedy. Extending from the interest, this article considers whether there has been a similar response in Australia to Indigenous-themed films. Are Indigenous issues in Australia, today, also understood to be best represented as serious; that is, to be presented in terms of trauma and with a focus on the difficult moments? Why might many people—the Tokyo students, but also non-Indigenous people in Australia—find it hard to laugh with (or even at) Aboriginal peoples doing funny things? Using Bran Nue Dae, and my students' reactions, this article examines the usefulness and limits of the sometimes careful attendance to issues of race and pain, which are often the way non-Indigenous people engage with Indigenous peoples and issues. Drawing on the success of Perkins' film, the article also explores the usefulness of comedy.     

Unifying voices,creating publics: the uses of media form in contemporary Jordanian radio

ABSTRACT

Questions of media form have not received sufficient attention in recent studies of Arabic-language media. In Jordanian radio today, however, media form is a highly relevant discursive resource for broadcasters, who strategically invoke the ways in which different types of media communication are conceived and framed, in a metapragmatic manner that goes beyond the impact of merely technical distinctions between media forms. This article examines two examples of this process: the ‘unification’ of radio station voices in a memorial programme for a martyred fighter pilot broadcast in February 2015, where radio’s limitation to sound was used ideologically to assert national unity; and references to digital media on morning talk show programmes, which allow hosts to define audiences and forms of participation in radio conversations. These metapragmatic framings of media form, further, produce specific publics for Jordanian radio: groupings that include, and legitimize, certain segments of listenership—such as ‘true’ Jordanians or ‘the Jordanian people’—while implicitly excluding others. Grounded firmly in discursive data, this article thus provides much-needed nuance to our understanding of mass media in the Arabic-speaking Middle East today—and, ultimately, the genuine significance of media form in its social and cultural context.     

Legal reform or erasure of history? The politics of moral crimes in Afghanistan

ABSTRACT

In this article we reflect on our efforts to study the prosecution of moral crimes in Afghanistan. In the process of collating information about men and women imprisoned for moral crimes such as adultery, we found evidence that pointed to large-scale incarceration of men for the uncodified crime of elopement. After establishing this fact through a careful review of official data, the article considers two interrelated themes. First, we argue that government attempts to conceal its extralegal practices cannot be reduced to the question of a corrupt bureaucracy or weak governance. Rather, they reflect a fundamental tension between a modern state’s interest in projecting the rule of (codified) law and societal expectations arising from both Islamic and customary law. Second, we suggest that officials seek to address this conceptual tension between the different bodies of law through a complex process involving both accommodation and concealment. In day-to-day judicial practice, ‘assimilation’ refers to attempts to rely on sharia provisions to accommodate customary practices which have no counterpart in statutory law. ‘Dissimulation’ refers to bureaucratic actions aimed at concealing the actual practices which make such extralegal accommodations possible.     

Political Finance Regulation and Reform in New South Wales: Towards a Fairer System?

In recent years the regulation of political finance in Australia has moved from systems of laissez‐faire to systems of enhanced regulation, which aim to curb the scale and influence of donations. This article examines political finance regulation in New South Wales — the jurisdiction that has seen the most significant transformation of its regulatory setup — to assess whether and how the new regulations have affected donations to political parties in the state. We find, based on analysis of the pattern of donations before and after the reforms, that the regulations have made the financing system fairer and thus improved the quality of democracy in the state.     

Anti-Apartheid Solidarity Networks and the Production of Come Back,Africa

In 1957, American filmmaker Lionel Rogosin arrived in Cape Town, South Africa, determined to make a film about apartheid. “Anti-apartheid Solidarity Networks and the Production of Come Back, Africa” discusses the film’s historical and cultural significance, and— a topic which deserves more attention— the film’s production. The article examines the interconnected and international nature of early anti-apartheid activism. International movements against apartheid may have been relatively small between 1957 and up until March of 1960, but Come Back Africa’s production shows that anti-apartheid activists and artists were becoming increasingly connected in a transnational web spanning the Atlantic with hubs in South Africa, Europe, and the United States. In the case of Come Back, Africa, relationships forged between Rogosin, black South African artists-activists (such as Lewis Nkosi, William “Bloke” Modisane, and Miriam Makeba) and white liberal anti-apartheid activists (including Father Trevor Huddleston, Reverend Michael Scott, and Mary Benson) proved mutually beneficial.     

‘Paz,progreso, justicia y honradez’: law and citizenship in Alta Verapaz during the regime of Jorge Ubico⋆

Prospects for the ‘rule of law’ in the present are shaped by historical experiences of law by elite and non‐elite groups in the past. In this article I explore changing conceptions and practices of‘rights’and‘justice’as expressed in the legal and administrative encounters between indigenous people and state officials during the regime of Jorge Ubico (1931–1944). The extension of the state's coercive and administrative apparatus to remote rural areas, new legislation and changes in public administration transformed relations between working people, coffee fmqueros and the state in Guatemala. This implied new obligations and exactions for Mayans, but also provided them with new opportunities to contest and negotiate their conditions. Indigenous people strategically engaged with the law to contest the terms of their domination by elite actors and to mediate conflicts between themselves. As state ideologies of‘moral behaviour’led to increasing regulation of the private sphere, this was particularly important in the case of conflicts over gendered rights and obligations. Although formally excluded from the category of citizens, indigenous people used the official language and discourse of citizenship to further their claims, in turn reshaping Guatemalan nation‐state.     

Howzat! Navigating Gender Disruptions in Australian Young Women’s Cricket

ABSTRACT

“Howzat” is colloquially used by cricketers to ask the umpire “How is that?” when they believe a batter is out. We employ this question here to frame interrogations of young women’s experiences as they navigate elite pathway cricket in an era of significant change. The global sports entertainment industry is, it seems, undergoing a form of gender disruption. The remuneration for Australian women cricketers rose by over 500 per cent between 2012 and 2017, providing opportunities for women and girls to transition to professional sport in ways quite different from historical amateur pathways. While on the surface this shapes as a time of great opportunity for aspiring sportswomen, there are unintended consequences that warrant consideration—particularly for females involved in sports with a legacy of masculine privilege. This article draws on qualitative research concerning five female pathway players and their respective parents, coaching and administrative staff who support them as they navigate the demands of playing elite cricket during adolescence. We employ Foucault’s concept of a “history of the present” to make sense of this dispositif to problematise how young women navigate gendered experiences in sports with “masculine” traditions amid a growing profile of women’s sport in Australia.     

OF FIRE AND REJUVENATION: IN SEARCH OF THE ‘POST-’ IN ‘POST- APARTHEID’

ABSTRACT

In the novels, Scatter the ashes and go (Ravan 2002) and Rumours (Jacana Media 2013), Mongane Wally Serote depicts post-apartheid through a leitmotif central to which the soldier of the African National Congress military wing, ‘Umkhonto We Sizwe’ (MK), is ostensibly caught in an interrupted odyssey. In Scatter the Ashes and go, this soldier has returned from exile in various Southern African countries to a South Africa that is on the threshold of the post-apartheid era. By contrast, in Rumours, the soldier, having arrived from exile in 1990, then goes away to Mali in search of a solution for his post-traumatic stress disorder. The article imputes these disruptions on to the failure to ‘properly’ mourn the victims of apartheid's extra-judicial killing squads, and goes on to note that, as a result of Serote's attention to the subsequent angst, post-apartheid appears as a continuum of trauma. The discussion then proceeds to posit that the resolutions to these diversions are hinted at in these novels’ elaborate motifs of fire, and proposes that the depictions of this pattern recall how Batswana suture the spiritual, psychological and social fractures consequent upon death – especially the death that occurs unnaturally, and upon the breadwinner's return home from a long absence. The bulk of the exploration pays attention to the nuances of this symbol of fire, recognising it as an integral component of a social rite populated by a dynamic interplay between poetry and music.