The case of the management of the dead related to COVID-19
Ahmed Al-Dawoody

This article studies one of the humanitarian challenges caused by the COVID-19 crisis: the dignified handling of the mortal remains of individuals that have died from COVID-19 in Muslim contexts. It illustrates the discussion with examples from Sunni Muslim-majority states when relevant, such as Egypt, the Kingdom of Saudi Arabia, Jordan, Morocco and Pakistan, and examples from English-speaking non-Muslim majority states such as the United Kingdom, the United States of America, Canada and Australia as well as Sri Lanka. The article finds that the case of the management of dead bodies of people who have died from COVID-19 has shown that the creativity and flexibility enshrined in the Islamic law-making logic and methodology, on the one hand, and the cooperation between Muslim jurists and specialised medical and forensic experts, on the other, have contributed to saving people’s lives and mitigating the effects of the COVID-19 pandemic in Muslim contexts.

Human Remains and Violence: An Interdisciplinary Journal
Open Access (free)
The Algerian war and the ‘emancipation’ of Muslim women, 1954–62
Author: Neil Macmaster

In May 1958, and four years into the Algerian War of Independence, a revolt again appropriated the revolutionary and republican symbolism of the French Revolution by seizing power through a Committee of Public Safety. This book explores why a repressive colonial system that had for over a century maintained the material and intellectual backwardness of Algerian women now turned to an extensive programme of 'emancipation'. After a brief background sketch of the situation of Algerian women during the post-war decade, it discusses the various factors contributed to the emergence of the first significant women's organisations in the main urban centres. It was only after the outbreak of the rebellion in 1954 and the arrival of many hundreds of wives of army officers that the model of female interventionism became dramatically activated. The French military intervention in Algeria during 1954-1962 derived its force from the Orientalist current in European colonialism and also seemed to foreshadow the revival of global Islamophobia after 1979 and the eventual moves to 'liberate' Muslim societies by US-led neo-imperialism in Afghanistan and Iraq. For the women of Bordj Okhriss, as throughout Algeria, the French army represented a dangerous and powerful force associated with mass destruction, brutality and rape. The central contradiction facing the mobile socio-medical teams teams was how to gain the trust of Algerian women and to bring them social progress and emancipation when they themselves were part of an army that had destroyed their villages and driven them into refugee camps.

Open Access (free)
Postcolonial governance and the policing of family
Author: Joe Turner

Bordering intimacy is a study of how borders and dominant forms of intimacy, such as family, are central to the governance of postcolonial states such as Britain. The book explores the connected history between contemporary border regimes and the policing of family with the role of borders under European and British empires. Building upon postcolonial, decolonial and black feminist theory, the investigation centres on how colonial bordering is remade in contemporary Britain through appeals to protect, sustain and make family life. Not only was family central to the making of colonial racism but claims to family continue to remake, shore up but also hide the organisation of racialised violence in liberal states. Drawing on historical investigations, the book investigates the continuity of colonial rule in numerous areas of contemporary government – family visa regimes, the policing of sham marriages, counterterror strategies, deprivation of citizenship, policing tactics, integration policy. In doing this, the book re-theorises how we think of the connection between liberal government, race, family, borders and empire. In using Britain as a case, this opens up further insights into the international/global circulations of liberal empire and its relationship to violence.

Open Access (free)
Simon Mabon

-​building processes. Islam as a religion occupies a space within both theological and political realms as the Prophet Mohammad served both as a head of faith and also as the leader of a political community and this tension remains. The Madinah Constitution that governed political life under Mohammad is widely believed to be the first written constitution. Theories of politics and the state within Islam and Islamic law are shaped by the interaction of these two difference concepts but it is debate about the ultimate source of sovereignty that are of paramount importance. Within

in Houses built on sand
Neil Macmaster

had in early 1957 quietly established a working party under Simoneau to draft a new code but this, after consultation with the Prefects, was shelved. Lacoste was surrounded by European specialists on native customs and Islamic law, advisers from the affaires indigènes, judges and professors of law, who upheld a highly conservative consensus or tacit alliance with the official-backed religious leaders (imams) and lawyers (cadis), that no major changes to Islamic law would be implemented by non-Muslim French secularists.2 The colonial government was traditionally

in Burning the veil
Anna Greenwood

reasons put forward by the British as to why they were unhappy to support the ZMA was that members of the Arab and Indian communities principally claimed its services. This is intriguing. Although the ethnic diversity of Zanzibar had been established over centuries, and was acknowledged by the British in many of their other policies (such as the decision to allow Islamic law to function in tandem with

in Beyond the state
Neil Macmaster

based judgements on classic Islamic law.32 The way the wind was blowing was clearly reflected during a 1968 conference of jurists on the instability of the Algerian family, during which Mohand Issad of the Algiers faculty of law noted that the supreme court had shown preference for the position that ‘the husband held sovereign power to repudiate his wife at will’, even if this was an abusive practice and in breach of the statutes. Issad justified this on the casuistical grounds that the law of 31 December 1962 retained French legislation, including the Ordinance of

in Burning the veil
Neil Macmaster

education. A report from the SAU of Clos-Salembier in April 1960 found that the Ulema, although constituting only 2 per cent of the OPA, were to be found at all levels of the organisation administering justice: ‘In relation to religion they are opposed to any evolution. The fines imposed by the Ulemas on those who infringe Koranic regulations are always very heavy’.60 This conservative application of customary Islamic law is confirmed by other FLN orders, like one sent out in Wilaya III in late 1956 or 1957: ‘The heads of the religious foundations (biens habous) will

in Burning the veil
Open Access (free)
Simon Mabon

religion and Islamic law in shaping institutional development cannot be ignored,84 we must also note that the importance of tribal values, which go some way to regulating contemporary life albeit requiring regulation within the context of the contemporary state.85 This position is also held by Wael Hallaq, who stresses how political leaders are required to operate within the context that they inherited, which demonstrates a ‘cumulative history of past action and specific manners of conduct’.86 The nature of political organisation prior to the establishment of

in Houses built on sand
Jeremy Waldron

England and the separation of Church and State. But for many Anglican parishioners, that will undermine much of what they cherish in their faith. An independent Episcopalian Church, of the kind found in the United States, faithful to Anglican liturgies but purged of its official status, may not answer to their aspirations at all. Other examples of communal aims along these lines, include forms of religious establishment like the institution of Sharia (Islamic law) in a Muslim society. Now, perhaps we can insist that liberalism need not tolerate or accommodate communal

in The culture of toleration in diverse societies