A New Islamic Populism and the Contradictions of Development

A new form of Islamic populism has evolved in many parts of the Muslim world. Its emergence is part of the more universal phenomenon of populist responses to the contradictions of globalised capitalism. It is also a consequence of the outcomes of Cold War-era social conflicts and of social-structural transformations in Muslim societies over the last half-century. Specifically, it articulates the rising ambitions and growing frustrations of urban middle classes across the Muslim world, the anxieties of growing urban poor populations and relatively peripheralised sections of the bourgeoisie. Thus representing cross-class coalitions, the New Islamic Populism aims to provide access to power and tangible resources to an ummah conceived to be both downtrodden and homogeneous, though in actuality, increasingly differentiated. This is demonstrated through a discussion of Indonesia, Egypt and Turkey. The article is intended to provide an alternative to analyses that have tended to dominate discussions of Islamic politics over the last decade. These include analyses that emphasise radical ideas transmitted by shadowy transnational networks that threaten the global secular order and those that posit a strong relationship between political moderation and democratic practice but tend to overlook the structural underpinnings of Islamic politics.     

Indigenous African marriage and same-sex partnerships: Conflicts and controversies

ABSTRACT

In 2006 the Constitutional Court of South Africa ruled the common law definition of marriage to be unconstitutional because it did not accord same-sex couples the same benefits and responsibilities as heterosexual couples. This defect was corrected by the legislature with the enactment of the Civil unions Act. The recognition of same-sex partnerships or marriages by the Act reflects and acknowledges the diverse nature of a changing South African society. A question triggered by this legal development is the impact that same-sex partnerships will have on the country's customary law on marriage. This article presents a critical analysis of a possible co-existence between same-sex partnerships and customary laws on marriage. The author explores the customs upon which customary laws of marriage are founded, and assesses their flexibility in accommodating same-sex partnerships.     

Religious change in a minority context: transforming Islam in Sri Lanka

Scholarly work exists on how Muslim minority positioning affects identity and politics, but what is less known is its impact on religion. Sri Lanka’s 9% Muslim population, the country’s second largest minority, has undergone a series of recent changes to religious identity, thinking and practice, which have been shaped by its relationship to the dominant and warring ‘ethnic others’. As Sri Lanka plunged deeper into armed conflict in the 1990s, Muslims experienced significant shifts in religious thinking and practice, identifying strictly with a more ‘authentic’ Islam. After the war ended in 2009, Muslims became the target of majoritarian Sinhala-Buddhist violence, resulting in a reinterpretation of Islam and a counter process of change. Using the Sri Lankan Muslim case study to engage with scholarly critiques of majority–minority binaries, this article analyses how religious change is brought about through the interjection of minority status with ethno-nationalisms and conflict. Its focus on Islam in Sri Lanka contributes to area studies and to Islamic studies, the latter through a rare analysis of Islamic reform in a Muslim minority context.     

The Malaysian “Islamic” State versus the Islamic State (IS): evolving definitions of “terror” in an “Islamising” nation-state

ABSTRACT

This article provides a study of how the Malaysian state defines and redefines “terror” as the nature of militancy changes from the Communist insurgency to present day’s Islamist jihadism. Tracing such definitional changes, the article demonstrates how the portrait of a terrorist not only is inherently political (and at certain junctures, politicised), but also reflects the changing nature of the state. While able to ethnicise and externalise the Communist Terrorists (CTs), the rise of Islamist militancy forced the Malaysian state to shelve the term “terrorist” in favour of religious “deviancy” until the advent of the “war on terror”. Advancing along a state-driven Islamisation project, the discursive ideal that is the “Islamic state”, was securitised (1980–2001), normalised (2001–2013), and resecuritised (2014–2016) as a balancing act not only to neutralise the security threat but also to augment the state’s “Islamic” credentials for domestic political gains. Following the emergence of the Islamic State (IS), I argue that the Malaysian state is now embroiled in an “Islamic state versus Islamic State” dilemma, where in the face of a far enemy it cannot decisively eliminate, the state has no choice but to defend itself as a sovereign nation-state as well as an “Islamic” one, further problematising Islam in discourses of security and violence.     

Terrorists,scholars and ordinary people: confronting terrorism studies with field experiences

Fieldwork in the study of terrorism remains the exception, allowing for scores of publications to be produced each year with little or no contact with the perpetrators of terrorist violence and scarce direct observation of the social realities in which it occurs. While examining some of the serious drawbacks and pitfalls such research can entail, this article makes a case for more fieldwork in terrorism studies, arguing that it can bring greater depth to our understanding of terrorist violence. The discussion focuses on a common assumption – the existence of the ‘terrorist’ as subject – and a common practice of terrorism studies – the concentration on extraordinary events at the expense of ‘ordinary life’ and ‘ordinary people’ – and how they are called into question by the material gathered during field research conducted in the Southern Philippine region of Mindanao. The article concludes with a reflection on some of the challenges facing researchers in danger zones, from their dependence on local knowledge for security to the need for methodological flexibility when faced with the complexity of research in conflict areas.     

Muslim marriage (non) recognition: implications and possible solutions

Differences between traditional Muslim marriage practice and the statutory formalities required for entry into a legally recognised marriage in England and Wales have resulted in serious question-marks hanging over the legal status of a seemingly significant proportion of Muslim marriages. This article places the spotlight on the vulnerability of spouses who remain unaware of the lack of legal status which may attach to their marriage or who may have been misled by their spouse as to the latter’s intention to obtain legal recognition for the marriage. The article first considers the statutory formalities required under English law for entry into a legally recognised marriage before drawing on the most up-to-date empirical research to highlight the apparently widespread non-compliance with the formalities within the Muslim community. The article then reflects on the various practical implications which may arise for parties to an unrecognised Muslim marriage before considering how the situation may be ameliorated.     

通过私法的社会控制——以近亲婚姻的无效为例

生育活动的私密性和人口的高度流动性致使国家对生育的干预成本过高,并存在技术障碍,这就使得国家只能通过对结婚行为的否定来达到防止近亲生育的目的。国家通过宣告婚姻无效,从而瓦解婚姻世界所必需的信任,进而迫使婚姻双方产生不信任,最终实现对近亲鸳鸯的社会控制。宣告婚姻无效这一私法技术是一种无需成本的控制方式,故对国家极具吸引力。但是,立法者在得益于无效等私法控制技术无成本的实惠之时,也应正视私法控制技术的不足及潜在危险。     

海峡两岸无效与可撤销婚姻制度的比较与思考

我国大陆和台湾地区立法均设立了无效婚姻与可撤销婚姻制度,且各具特色。但大陆地区的相关立法还存在可撤销婚姻的法定情形过于单一、对无效婚姻与可撤销婚姻的法律后果没有进行区分等不足,需要通过扩大可撤销婚姻的范围、规定无效婚姻宣告制度、细化行使请求权的主体和期限、区分无效婚姻与可撤销婚姻的法律后果、强化对善意相对人的保护等来加以进一步完善。     

婚约制度的构建研究

法律对婚约之效力、诉讼主体的确认、彩礼归属、损害赔偿、责任承担等诸多具体问题的规定几乎空白,成为司法机关无力解决的一系列难题,往往出现同案不同判的严重现象,且当事人的合法权益也得不到保障。借鉴大陆法系国家和地区的立法经验,构建符合我国实际的婚约制度将对填补我国婚约立法,指导司法实践具有重要的理论价值和现实意义。     

当代中国婚姻家庭的变化与家庭法的完善

随着我国现代化发展,传统的家庭结构与家庭关系已经发生了许多变化。现行婚姻家庭法律却仍然建立在以合法婚姻为中心的传统道德价值观基础之上,未能适应时代的发展,如：回避规范同居家庭、对单亲家庭和隔代家庭关系缺乏应有调整、收养条件苛刻等等。因此,我国家庭立法应当进行大幅度的修改,以道德观为中心的家庭立法应当转向为以调整家庭成员关系为中心的家庭法,以适应现实社会。