Product Description

Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this penetrating book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world.

Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power.

The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.

Product Details

• Amazon Sales Rank: #98897 in Books
• Published on: 2008-04-01
• Original language: English
• Number of items: 1
• Binding: Hardcover
• 200 pages

Review
In a short but masterful exposition, The Fall and Rise of The Islamic State, Noah Feldman seeks to answer a question that puzzles most Western observers: Why do so many Muslims demand the 'restoration' of a legal system that most Occidentals associate with 'medieval' punishments such as amputation for theft and stoning for sexual transgressions?
(Malise Ruthven New York Review of Books )

A short, incisive and elegant book by a Harvard specialist in Islamic political thought, which analyses the dilemma posed by the huge popular support, among many Muslims, for explicitly Islamic forms of government.
(The Economist )

A thoughtful meditation on the history, ideals, and revival of sharia--the divine law governing Muslim society... It is abundantly clear that fresh models of governance in some Muslim nations will be required to build genuine consensus, afford legal justice, and guarantee peace and security... Feldman predicts success for those countries which can 'develop new institutions that would find their own original and distinctive way of giving real life to the ideals of Islamic law.' ... A persuasive and readable book on a complex topic.
(Joseph Richard Preville Christian Science Monitor )

[A] concise and thoughtful history of the evolution of the Islamic legal system from the time of the first caliphs (the successors to the prophet Muhammad) to our own....Feldman thinks that the restoration of the authority of sharia in modern Muslim-majority nations might be the only way for them to move beyond their current democracy deficits....Feldman is not so naive as to give them a free pass. Nor does he ignore the democratic deficiencies of the two nations, Iran and Saudi Arabia, that have sharia as the law of the land. While saying that principles of sharia will have to become part of the constitutional fabric of modern Islamic states, he adds that this will work only if Islamists find new institutions to give life to sharia.
(Jay Tolson U.S. News & World Report )

Feldman condemns the autocracies in many Muslim countries but argues that sharia is not to blame. On the contrary, he says, in the traditional Sunni constitutional order, sharia was interpreted by an independent class of scholars who served as a check on tyrrany, preventing rulers from exploiting religion to justify their political positions.
(Washington Post Book World )

Feldman can be an illuminating analyst . . . on the subject of the marginalization of legal scholars and its consequences for the development of despotisms with an Islamic face.
(Commentary )

Feldman argues that legislators seeking implementation of a sharia-based rule of law can play the role of earlier scholars in taming executive autocracy. . . . [Offers] wide-ranging discussions and nuanced reasoning.
(L. Carl Brown Foreign Affairs )

A study of the recrudescence of 'Islamist' thought, which advocates the return to a shari'a state. . . . The Fall and Rise of the Islamic State is profound, intelligent, and free of all the hysterical pronouncements one often associates with both the defenders and antagonists of that idea.
(Arnold Ages Chicago Jewish Star )

This is a fascinating book for the counselor and statesperson, and is a sequel to a former book dealing with Islam and democracy.
(Imtiaz Jafar New York Law Journal )

Review
In Feldman's fascinating intellectual journey through history, Islamic law, and modern politics, you will discover the power of 'justice.' It is both the driving force behind efforts in the Arab world to democratize, constitutionalize, and modernize Islam, and a weapon for the worst kind of abuses and authoritarianism. Feldman's book works through these tensions between theology and power with consummate dispassion and scholarship.
(Leslie H. Gelb, president emeritus of the Council on Foreign Relations and former "New York Times" columnist )

From the Inside Flap

"In Feldman's fascinating intellectual journey through history, Islamic law, and modern politics, you will discover the power of 'justice.' It is both the driving force behind efforts in the Arab world to democratize, constitutionalize, and modernize Islam, and a weapon for the worst kind of abuses and authoritarianism. Feldman's book works through these tensions between theology and power with consummate dispassion and scholarship."--Leslie H. Gelb, president emeritus of the Council on Foreign Relations and former New York Times columnist

"Noah Feldman has raised a central discussion in Islam about the nature of the Islamic state that is too often missed or misunderstood. Regardless of ideological or religious affiliation, the reader needs to engage with Feldman's clear and sympathetic arguments in order to make sense of what is happening in the Muslim world today."--Akbar S. Ahmed, American University

"Scholarly and sophisticated yet highly accessible, this book makes an extremely important contribution to contemporary discussions of both Muslim politics and Islamic law. Feldman's work provides a historical depth that has often been lacking in studies of law and constitutionalism in modern Muslim societies."--Muhammad Qasim Zaman, author of The Ulama in Contemporary Islam