“Shop-lease Contract with Sar-qofli” in the Post-Iranian Revolution Era: Deletion of “Haqq-e kasb o pisheh o tejārat” from the Law of Lessor–Lessee Relationships

In contemporary Iran, many shops are under the “shop-lease contract with sar-qofli.” In this contract, sar-qofli, a strong usufructuary right supported by intangible assets such as the shop's reputation, is given to the tenant. The “shop-lease contract with sar-qofli” originated from a traditional merchants' custom in Iran's business quarters. After the 1979 Revolution, the Law of Lessor–Lessee Relationships, which provides a legal framework for the practice of “shop-lease contract with sar-qofli,” was completely revised, since Islamic jurists regarded haqq-e kasb o pisheh o tejārat as problematic. Haqq-e kasb o pisheh o tejārat, the legal designation of sar-qofli, was based on a heterogeneous value concept introduced into the Iranian legal system from abroad during World War II. As a result of this revision, another alternative for asset management was granted to shop owners. Nevertheless, “shop-lease contract with sar-qofli” remains the most widely employed form of lease in Iran's property lease market.     

Jihadism au rebours: Orientalism and Occidentalism for a Counter‐Hegemonic Liberation Theology

Following its colonial project, Western Europe imposed a political and cultural understanding of state nationalism and religious homogeneity on the entire world in the nineteenth and twentieth centuries. In parallel with this twofold process, “Religious Nationalism” emerged during the Cold War, affecting the Middle East and framing an updated Abrahamic version of religious supremacism: Wahhabi Islam, the Iranian Revolution, and Israeli Orthodox Judaism were politically backed, becoming the frontrunners of a new Global‐Religious narrative of conflict. This article aims to critically analyse the Western‐Islamic manipulation of “Jihadism” as an artificial and fabricated product, starting from the “deconstruction” of Jihad–Jihadism as an anti‐hegemonic narrative. The anti‐colonial “Islamic” framework of resistance to the Empire (United States) has effectively adopted the same colonial methodology: using violence and sectarianism in trying to reach its goals. Is the Islamic Supremacist “narrative” more influenced by Western thought than by a real understanding of Islam? At the same time, this article aims to stress the historical reasons why the Arab world has been artificially affected by a peculiar form of “Religious Revanchism” which can be understood only if O. Roy's Holy Ignorance dialogues with Steve Biko's Consciousness in emphasising the need for an updated Islamic Liberation Theology.     

Wrestling with the Revolution: The Iron Sheik and the American Cultural Response to the 1979 Iranian Revolution

This paper maps how American popular culture came to terms with the 1979 Islamic Revolution in Iran through a study of Hussein Khosrow Vaziri. Vaziri, better known by his moniker, “The Iron Sheik,” was active in professional wrestling in the 1980s and remains to this day one of the most well-known Iranians in American cultural memory. Through an analysis of his character and how he has been represented in the popular media, I argue that he was chiefly utilized as a figure through whom Americans could cope with the devastating blow that the Revolution caused to American power. I argue that this reaction continues to this day, albeit focusing not on Iran but on the current political tensions involving the attacks of September 11, 2001.     

Ramadan Blues: Debates in Popular Islam during Ramadan in Amman,Jordan

Within the context of the contemporary Middle East and the post‐Islamic Resurgence, avoiding music has become associated with a rise in religiosity and normative Islam. As a result, residents of Amman, Jordan actively avoid consuming music during Ramadan. A large‐scale survey and ethnographic data, including participant observation with employees in an Islamic bank, confirm that avoiding music is a public ethic of Ramadan that is temporally specific and in wide use during the month. In this article, I argue that the tensions surrounding the debates of music's compatibility with normative Islam are enacted in terms of a conflict between cultural and Islamic authenticities. These tensions are resolved temporarily during Ramadan through altered consumption in which one ethical, “Islamic” framework that regards music as haram, or “forbidden,” eclipses another, more diverse “cultural” framework, and does so largely without inducing crisis or controversy. This is because the two realms are not articulating with each other; rather, claims of a normative Islamic authenticity overwhelm the possibilities for a more diverse cultural authenticity. Outside of Ramadan, however, these two competing authenticities often spark tensions and conflicts between family members, neighbors, and coworkers. This article concludes by exploring the implications of ordering morality for religious life in this assertive, even illiberal fashion for diversity in belief and practice.     

Polygamy and Legislation in Contemporary Iran: An Analysis of the Public Legal Discourse

The purpose of this article is to analyze the interaction between different interpretations of Islamic jurisprudence in Iran and state law. It focuses on the public legal discourse about the new Family Draft Law in 2007–08, especially Article 23 regulating polygamous marriages and removing necessity for the first wife's permission. The participants in this public legal debate, which took place on the internet and in the media, were civil society organizations, especially women's organizations, the Shiite clergy, and state representatives. The article argues that even in a non-democratic, theocratic state such as the Islamic Republic of Iran, public discourse promoted by the named actors can challenge and influence state legislation. The removal of Article 23 from the Draft confirms this argument, but in the law of 2013 the requirement for the first wife's permission is not found. By looking at the arguments brought forward in the public discourse, the article demonstrates that the arguments are mainly “Islamic,” and none refers to international human rights, as this seems to be a kind of taboo in the political discourse.     

Drug or medicine? China's experience of Marx's opium thesis on religion

This paper tracks the changes in the influence of Marx's celebrated opium thesis in China. Marx's view that religion is “the opium of the people” was first introduced into China through propaganda associated with the Russian revolution. It became very influential among Chinese intellectuals and dominated the religious policy of the CCP for a long period. However, as the revolutionary party became the party in power after 1949, it was obvious that the opium thesis alone would be insufficient to deal with the religious situation in a socialist country. Although the “five natures” of religion thesis was proposed to explain the persistence of religion in socialist China, the opium thesis proved more powerful politically and resulted in a general attack on religion during the Cultural Revolution. Not until the era of reform and “opening up” was the opium thesis questioned. After the release of a major document entitled “The Basic Viewpoint and Policy on the Religious Question during our Country's Socialist Period” in 1982, the opium thesis was viewed as too simplistic an instrument for understanding “the problem of religion.” Scholars have argued that religion contains important cultural elements and can make a positive contribution to a socialist society in certain respects. After lengthy discussion, a consensus was reached that Marxist views on religion should keep up with the times and that the opium thesis was no longer compatible with contemporary Chinese society. Although different voices can still be heard on the issue, religion is no longer viewed as just a “drug” but rather as a kind of “medicine.” Marx's opium thesis has been replaced in China by a new theory, one that emphasizes that religion should and can adapt to the needs of a socialist society.     

Contesting Digital Futures: Urban Politics,Alternative Economies,and the Movement for Technological Sovereignty in Barcelona

Scholars have offered important critiques of the socio-spatial processes of contemporary technological development, including the rise of “smart city” urban development models. While these critiques have been essential for understanding contemporary forms of techno-capitalism and their reach into new areas, this paper calls for a consideration of alternative modes of digital development in urban life beyond the logics of securitisation and capital accumulation. In particular, I examine the critical discourses and experimental practices of a grassroots movement focused on claiming “technological sovereignty” (TS) in Barcelona. The TS movement is a broad, de-centralised network of cooperatives, associations, and community initiatives experimenting with alternative practices of locally rooted, open-source digital development. These groups explore democratic and cooperative practices of work, property, production, and consumption in relation to digital technology, based around an ethics of care and a commitment to working through and within local communities. In examining the values, beliefs, and practices of the TS movement, I bring ongoing discussions around digitalisation and the “smart city” into critical conversation with the extensive literature on prefigurative urban politics and postcapitalist economies.     

Re-Ghettoization: Armenian Christian Neighborhoods in Multicultural Tehran

This paper incorporates a study of “re-ghettoization” among the Armenian Christians of the Islamic Republic of Iran. It focuses on how legal marginalization has led to the emergence of an entirely separate existence from the Muslim majority in Tehran among Armenians born after the revolution. By focusing on the spatial and social divisions of the hayashatner (Armenian neighborhoods) and the “social” ghetto of the Ararat Compound, this article addresses the question: what are the social implications for religious discrimination in the Muslim Middle East? This paper is based on three extensive blocks of fieldwork carried out in Iran from 2010 to 2015.     

Civilized Colonizers and Barbaric Colonized: Reclaiming Naga Identity by Demythologizing Colonial Portraits

In this paper, I address a prominent colonial representation known as “headhunting”, because this term has been in use almost synonymously with Nagas and continues to exert negative psychological ramifications on contemporary Nagas. Due to a lack of work revising the exaggerated representation, the colonial portrayal is being sustained by the frequent and continued use of terms such as “former headhunters” and “once headhunters”. Therefore, this work is in part to represent the Nagas not as “barbaric headhunters” but as “normal” human beings both in the past as well as in the present. To do so, first, I will outline traditional Naga warfare, the context in which decapitation occurred. Second, I will examine the subject as it is being presented in the literature of Euro-Americans. Finally, the paper will end with the argument that the term “headhunting” was simply an invention of the colonizers and briefly note the ramifications of colonial stereotypes on contemporary Nagas.     

Distinction and the Ethics of Violence: On the Legal Construction of Liminal Subjects and Spaces

This paper interrogates the relationship among visibility, distinction, international humanitarian law and ethics in contemporary theatres of violence. After introducing the notions of “civilianization of armed conflict” and “battlespaces”, we briefly discuss the evisceration of one of international humanitarian law's axiomatic figures: the civilian. We show how liberal militaries have created an apparatus of distinction that expands that which is perceptible by subjecting big data to algorithmic analysis, combining the traditional humanist lens with a post‐humanist one. The apparatus functions before, during, and after the fray not only as an operational technology that directs the fighting or as a discursive mechanism responsible for producing the legal and ethical interpretation of hostilities, but also as a force that produces liminal subjects. Focusing on two legal figures—“enemies killed in action” and “human shields”—we show how the apparatus helps justify killing civilians and targeting civilian spaces during war.     

Genocide as Fact and Form

ABSTRACT

In June 2019 Canada's National Inquiry into Missing and Murdered Indigenous Women and Girls released its final report. This short Reflection focuses on the National Inquiry's supplementary legal analysis, which concerns the law of genocide. I contend that this analysis is correct in holding that the murder and disappearance of large numbers of Indigenous women, girls, and other persons ought to be understood as an ongoing crime facilitated by specific policy choices, legal decisions, and socio-economic structures. I also contend that the systemic, recurrent, and large-scale nature of this crime is best captured by the term “genocide.” I argue that formal legal definitions of “genocide” such as the one offered in the 1948 Genocide Convention, though conceptually clunky, historically contingent, and politically inadequate, are key to illuminating some of the structural forces underlying and animating a range of events that may otherwise appear unrelated. Genocide, the ultimate collectivist crime, is a concept of preponderantly legal origin, which means that serious consideration must be given to its specifically legal definition when trying to determine whether it is justifiable or appropriate to apply it to a given social phenomenon. Its standard legal definition may be unable to do justice to the specificities of different modes of group violence, but its abstract generality is also what enables those who employ it to highlight the intrinsically systemic character of such destruction. Ultimately, I suggest that Canada's genocide “debate” turns on the relation between “law” and “society”—the question, that is, of how precisely a legal definition is to be interpreted and applied under different, and often rapidly changing, social conditions.     

Extracting Value from the City: Neoliberalism and Urban Redevelopment

How do states make the built environment more flexible and responsive to the investment criteria of real estate capital? Spatial policies, such as urban renewal funding for slum clearance or contemporary financial incentives, depend on discursive practices that stigmatize properties targeted for demolition and redevelopment. These policies and practices have become increasingly neoliberalized. They have further distanced themselves from those “long turnover” parts of the city where redevelopment needs are great but where the probability of private investment and value extraction is slight. They have become more entwined in global financial markets seeking short–term returns from subsidized property investments. They have shifted their emphasis from compromised use values (embodied in the paternalistic notion of “blight”) to diminished exchange values (embodied in the notion of “obsolescence”). I argue that obsolescence has become a neoliberal alibi for creative destruction and, therefore, an important component in contemporary processes of spatialized capital accumulation.     

Ancestors: Henry Maine and the constitution of primitive society

Maine was the most important English figure in a generation of legal theorists who founded the comparative study of “early”; social institutions. He assumed that all the Indo‐Germanic speaking peoples began their development with the same social forms. Early Roman law and contemporary Hindu custom encapsulated primitive Indo‐European institutions, notably the patriarchal family and the communal organisation of property rights. Maine's arguments were developed in part as a contribution to contemporary political debate, especially with reference to the Indian Empire. His work drew on the models of philology, German legal history, and English constitutional history.     

Was the enlightenment a continuous process from the late Qing to the May Fourth period?

ABSTRACT

Intellectual development from the late Qing to the 1911 Revolution and then to the May Fourth New Culture Movement was generally a continuous process despite various ambivalent and hesitant zigzags. Within this overall continuity, new elements became salient. The new policies promulgated by the republican government soon after the success of the 1911 Revolution created an institutional legacy that gave previously marginal ideas enough legitimacy to enter the mainstream. Changes in “background culture” also resulted in many new themes associated with May Fourth, though these themes were ostensibly similar to those in the late Qing period. The enlightenment of May Fourth endowed the “future” with positive values so that a future-oriented perspective became a fashionable trend in this period.     

Pre‐Black Futures

Abstract: In this essay I look at the contemporary production of surplus life in liberal democracies, and how it manifests a new type of sovereign spatial power. This power operates through the capacity to exile individuals and populations who are defined—in advance—as risk failures. I investigate further the ways that these pre‐known risk failures are determined through historical and geographical processes of racial formation, arguing that certain kinds of bodies have become vessels for concepts of risk formed in anticipation of an inevitable future. This “inevitable future” involves the formation of populations, which I term Pre‐Black, who are projected as outside of the enabling web of pastoral power. Moreover, as a consequence of this pre‐failure, individuals and populations can be forcefully and, more importantly, “justifiably” removed from commonly held spaces and resources in a contemporary liberal form of sovereign dispossession.     

Mens rea,the Achilles’ Heel of Criminal Law

Abstract

The evolution of criminal law in Western legal systems is often portrayed as a path leading from objective to subjective notions of criminal responsibility. By examining the historical development of the notions of subjective responsibility, this article suggests that the function of a wrongdoer’s subjective mental state, in both its substantive and procedural aspect, as an element in the process of attributing criminal responsibility, remains much the same today as it was in antiquity. This is indicated by what subjectivity, as an essential condition of culpability (actus non facit reum nisi mens sit rea), is said to imply: the distinction between intentional and unintentional acts. Although the notions of intent and malice aforethought are attested to in various sources on ancient Athenian law, there are several kinds of cases in which the role played by these aspects—traditionally referred to as mens rea (“guilty mind”)—remain unsolved in contemporary jurisprudence and legal practice. Yet despite the difficulties of establishing facts in particularly complex criminal cases, setting the boundary between “intentional” and “unintentional” remains crucially important in determining criminal responsibility and thus in distinguishing the “licit” from the “illicit,” which is the very foundation of the rule of law.     

The Latest Instalment in the Whig Interpretation of Australian Education History: Catherine Byrne's JORH Article “Free,Compulsory and (not) Secular”

The original meaning of the term “secular” in the “free compulsory and secular” nineteenth‐century Australian public education acts is often contested, and has recently become part of a contemporary debate about the presence of confessional religion in state schools. I outline four different interpretations expressed in Australian education history writing, then review the recent Journal of Religious History article “Free, Compulsory and (not) Secular” by Catherine Byrne, arguing that it belongs to the secular liberal or “Whig” interpretation of the meaning of “secular” in the acts. The article is critiqued for forcing sources to conform to an overly rhetorical narrative device: a polarised structure valorising Victorian legislator George Higinbotham, and demonising New South Wales legislator Sir Henry Parkes. The article is also criticised for sub‐optimal source‐work, lack of awareness of the corpus of Australian education history, and overt contemporary policy agendas. I also suggest that the larger “Whig” interpretation of “secular” as part of a liberal progress narrative, underemphasises a religious hermeneutic and a critical theory hermeneutic: that a Protestant consensus about state schooling and “secular” in the Public Education Acts was also a deeply sectarian device for excluding Catholics from a dominant social settlement, just one part of a systemically divided and prejudicial culture.