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Islamic Law in Middle East, Assignments of History of Middle East

Islamic Law in Middle East in 21st century

Typology: Assignments

2019/2020

Uploaded on 05/12/2020

adelia_khairutdinova
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4.How does the Islamic law influenced the development of civil society in the Middle East?
Key institutions of the pre-modern Middle Eastern economy, all grounded in Islamic law, blocked the
development of democratic institutions. Islam’s original tax system failed to produce lasting and
credible constraints on governance. The waqfs (Islamic trusts) founded to provide social services to
designated constituencies were politically powerless. Profit-making private enterprises remained small
and ephemeral, hindering the formation of stable coalitions capable of bargaining with the state.
Islam gave the region a common economic legacy through Islamic laws that were enforced widely
until recently, and these laws contributed to holding the region back economically (Kuran 2011). If
Islam influenced economic patterns, perhaps it affected political patterns as well.
Economic opportunities shape political possibilities through various mechanisms. Here is a pertinent
example. Under a wide range of situations, the enrichment of private merchants will strengthen civil
society by increasing the resources available to non-state organizations; in turn, a stronger civil
society will make it harder for the state to trample on property rights. For another relevant example, a
globally competitive economy that provides broad employment opportunities will enhance, in the eyes
of the citizenry, the legitimacy of the incumbent political system. People with a happy future are
unlikely to revolt.
There are three economic institutions that played important roles in Middle Eastern economic history.
Each institution is grounded in Islamic law, and it contributed, in some way, to the Middle East’s
economic underdevelopment.
First the Islam’s Initial Tax System based on zakats.Zakat is a form of alms-giving treated in Islam as
a religious obligation or tax, which, by Quranic ranking, is next after prayer in importance.
As one of
the Five Pillars of Islam, zakat is a religious duty for all Muslims who meet the necessary criteria of
wealth.It is a mandatory charitable contribution, often considered to be a tax. The payment and
disputes on zakat have played a major role in the history of Islam.
Paradoxically, the wealthy groups that decimated the zakat system through loopholes before the
seventh century was out were left without protection against arbitrary takings. They began searching
for a new institution to protect their assets. The result was the inclusion in Islamic law, a century after
the emergence of Islam, of the distinctly Islamic trust known as the waqf.
A waqf also known as hubous or mortmain property, is an inalienable charitable endowments under
Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious
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4.How does the Islamic law influenced the development of civil society in the Middle East?

Key institutions of the pre-modern Middle Eastern economy, all grounded in Islamic law, blocked the development of democratic institutions. Islam’s original tax system failed to produce lasting and credible constraints on governance. The waqfs (Islamic trusts) founded to provide social services to designated constituencies were politically powerless. Profit-making private enterprises remained small and ephemeral, hindering the formation of stable coalitions capable of bargaining with the state.

Islam gave the region a common economic legacy through Islamic laws that were enforced widely until recently, and these laws contributed to holding the region back economically (Kuran 2011). If Islam influenced economic patterns, perhaps it affected political patterns as well.

Economic opportunities shape political possibilities through various mechanisms. Here is a pertinent example. Under a wide range of situations, the enrichment of private merchants will strengthen civil society by increasing the resources available to non-state organizations; in turn, a stronger civil society will make it harder for the state to trample on property rights. For another relevant example, a globally competitive economy that provides broad employment opportunities will enhance, in the eyes of the citizenry, the legitimacy of the incumbent political system. People with a happy future are unlikely to revolt.

There are three economic institutions that played important roles in Middle Eastern economic history. Each institution is grounded in Islamic law, and it contributed, in some way, to the Middle East’s economic underdevelopment.

First the Islam’s Initial Tax System based on zakats.Zakat is a form of alms-giving treated in Islam as a religious obligation or tax, which, by Quranic ranking, is next after prayer in importance. As one of the Five Pillars of Islam, zakat is a religious duty for all Muslims who meet the necessary criteria of wealth.It is a mandatory charitable contribution, often considered to be a tax. The payment and disputes on zakat have played a major role in the history of Islam.

Paradoxically, the wealthy groups that decimated the zakat system through loopholes before the seventh century was out were left without protection against arbitrary takings. They began searching for a new institution to protect their assets. The result was the inclusion in Islamic law, a century after the emergence of Islam, of the distinctly Islamic trust known as the waqf.

A waqf also known as hubous or mortmain property, is an inalienable charitable endowments under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious

or charitable purposes with no intention of reclaiming the assets. A charitable trust may hold the donated assets.

For a millennium the waqf served as the delivery vehicle for functions that Western societies generally met through corporations. Whereas in the West universities were structured as corporations, their Middle Eastern counterparts, madrasas, were established as waqfs, which were not self-governing. In the West, urban services were provided largely by local governments or municipalities chartered as corporations; in the Middle East, by contrast, practically all urban services were provided by waqfs.

Given that waqfs came to control vast resources securely, they might have become powerful political players capable of constraining the state by resisting actions harmful to their constituencies. The resulting decentralization of power might have placed the Middle East on the road to democratization.However, for all their wealth, waqfs remained politically powerless for lack of key characteristics of corporations.

There are two preconditions for the emergence of a civil society capable of standing up against the state. First, there must exist the freedom to found non-governmental organizations of one’s choice. And second, there must exist organizational autonomy, which is to say that private organizations must have the power to act in their own interest. Early on in Islamic history, in the eighth century, the emergence of a waqf law put in place the first precondition. The founder of a waqf was free to select its objectives as well as its employees and beneficiaries. However, the same law inhibited the second precondition. Waqfs could not use their vast resources to balance the state’s power.

To sum up, the weakness of civil society also had a major consequence for political development. As absolutism gradually lost strength in the West, it could not be challenged as effectively in the Islamic Middle East. Challengers might arise—the political system was not necessarily stable—but successful challengers would establish autocratic regimes of their own.

Starting in 1908 it became possible for Middle Easterners to form corporations under new local laws. Before long, the functions of waqfs were assumed by self-governing municipalities, professional associations, cultural groups, and charities. Still, political checks and balances remain limited all across the Middle East, and especially in the Arab world. Civil society remains weak because forming politically effective private organizations takes time, especially in the presence of states committed to undermining potential sources of opposition.