Shari a, Inshallah: Finding God in Somali Legal Politics

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Cambridge University Press, May 27, 2021 - History - 362 pages
Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law.
 

Contents

Embracing Sharia and the Rule of Law
31
Colonial Legal Politics
65
Postcolonial Legal Politics
110
Islamic Courts in a Shattered Somalia
159
Legal Politics in Somaliland
208
Womens Activism in Somaliland
255
The Rule of Law Inshallah
289
Appendix A Methodological Detail
310
Bibliography
324
Index
351
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About the author (2021)

Mark Fathi Massoud is Professor of Politics and Legal Studies at the University of California, Santa Cruz. He is the author of Law's Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan. He has held Carnegie, Guggenheim, and Mellon Foundation Fellowships.

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