Thesis (Ph. D.)--University of Chicago, Dept. of Near Eastern Languages and Civilizations, 2001. / Includes bibliographical references. Also available on the Internet.

The autonomy of the shari` a courts in Ottoman-Egypt during the 16th and 17th centuries, is the subject of this thesis. Specifically, it pursues the question of formalization (the incorporation of courts and their functionaries into the civil apparatus of the state) and, relatedly, the legal innovations which accompanied this policy (the merger of siyasa to shari `a and the development of the qanun ), gauging the implications of both for the judiciaries independence from the state. With regards to procedural law, it finds the courts to be the autonomous domain of its practitioners, muftis and qadis, while concluding that formalization renders the efficacy of the courts dependent on the fortunes of the state. With respect to the two innovations described above, it finds that in the contemplative realm of law, the manipulations of the state spurred certain legal trends without affording the state a place in the domain of law.

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This dissertation examines how transnationalism can affect Islamists’ moderation in both Egypt and Morocco. In this dissertation, I do an in-depth comparative case study analysis to assess the prospects of moderation of two Islamists political entities, the Muslim Brotherhood as a transnational social movement and the Morocco Party of Justice and Development (JDP), which has no transnational ties. Both the Muslim Brotherhood and PJD came to power after the Arab uprising in 2011 and were key players in the democratic transitions in both countries; however, the entities are not related. Further, the dissertation will explore the moderation level of the Muslim Brotherhood and PJD. Current literature on Islamists and moderation theory focuses on political inclusion, political learning and repression as factors that would affect the moderation of an Islamist group. Looking at Islamists as a transnational social movement is a new aspect in the study of Islamism. / Includes bibliography. / Dissertation (Ph.D.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection

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