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Rethinking Islamic Legal Modernism by Ron Shaham Pdf
In Rethinking Islamic Legal Modernism Ron Shaham presents Yusuf al-Qaradawi (b. 1926) as a genuine student of Rashid Rida (d. 1935) and offers an extensive analysis of Qaradawi's Wasati theory of ijtihad and its application in his legal opinions (fatwas).
Rethinking Muslim Personal Law by Hilal Ahmed,R. K. Mishra,K. N. Jehangir Pdf
This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.
Rethinking the Jurisprudence of Islam by Leslie Terebessy Pdf
Islam is the third of the three Abrahamic faiths. They share the heritage of monotheism. But Muslims are perceived with concern. They experience tensions not just with non-Muslims, but also with Muslims of related persuasions. The RAND Corporation Report highlights a range of challenges of the umma. These challenges stem from the politicisation of religion. Hawkish ulama re-interpreted Islam to justify unlawful wars of territorial expansion of the empire. Hawkish jurists reinvented Islam as Islamism, as a religion of war rather than peace. They misinterpreted the teaching of Islam by recourse to tradition and the teaching of abrogation. Revelation was "interpreted" to endorse practices that are against Islam. These encompass treating the refusal to pay zakat as deserving the death penalty. It also includes waging wars of aggression to "propagate" Islam by the sword. The Book of Allah refrains from treating apostasy as a crime punishable by death. The prophet did not take any person's life for apostasy, either. Prescribing the death penalty for apostasy required by-passing revelation. Recourse to tradition enabled politicised ulama to produce "traditional Islam." Recourse to the teaching of the "abrogation" of the verses of reconciliation by verse 9:5 enabled hawkish ulama to re-interpret Islam as a manifesto for war and a justification for territorial expansion. Replacing the rulings in the Book of Allah required the treatment of tradition as "revelation" and therefore as a "second" root of the law. But treating tradition as "revelation" (wahy) is not enough to derive religious rulings from tradition. For religious rulings require being derived from what Allah "sent down" (tanzil). This is clear from verses 44, 45 and 47 of chapter 5 of the Book of Allah. By contrast, wahy (inspiration) could be provided by evil beings, too. By deriving rulings of the sharia from tradition, jurists treated traditions not merely as wahy (inspiration) but as tanzil or what Allah "sent down." But enacting law in religion is the exclusive prerogative of Allah. Treating tradition as a root of legislation defies the teaching of the Book of Allah. For the Book teaches that we are to "judge" exclusively by tanzil, (what Allah sent down). But Allah sent down the Book of Allah; he did not "send down" books of traditions. Blasphemy, adultery and apostasy do not merit capital punishment in the Book of Allah. These rulings represent a corruption of Islamic law. This requires attention. Islamic law requires rehabilitation to ensure that all legislation related to religion is firmly rooted in revelation and only in revelation. Prescribing capital punishment in cases of blasphemy, adultery and apostasy disregards the Book of Allah and encroaches upon tawhid, the principle that the authority to enact laws in religion belongs to Allah alone. Is treating tradition as a "second" root of legislation in keeping with tauhid? Thus, the sharia requires rehabilitation. It is necessary to emphasize justice. It is necessary to restore the Book of Allah as the only root of legislation in all matters related to religion. Following tradition in preference to revelation brought disasters upon the umma. The Mongols devastated the Abbasid empire after the murder of a caravan of Mongol traders and ambassadors sent by Genghis Khan to request justice for the killers of the traders and ambassadors. The Abbasids perpetrated these transgressions because they followed the tradition which says that "the blood of the kafir is halal for the believer" in preference to the Book of Allah that teaches that "Allah does not love wrongdoers." The Abbasids paid dearly for confusing tradition with revelation and following tradition in preference to revelation. Even to this day, acts of terrorism elicit a disproportionate response against Muslims.
Woman’s Identity and Rethinking the Hadith by Nimat Hafez Barazangi Pdf
The Prophet Muhammad’s reported traditions have evolved significantly to affect the social, cultural, and political lives of all Muslims. Though centuries of scholarship were spent on the authentication and trustworthiness of the narrators, there has been less study focused on the contents of these narratives, known as Hadith or Sunnah, and their corroboration by the Qur`an. This book is a first step in a comprehensive attempt to contrast Hadith with the Qur`an in order to uncover some of the unjust practices by Muslims concerning women and gender issues. Using specific examples the author helps the reader appreciate and understand the magnitude of the problem. It is argued that the human rights and the human development of Muslim women will not progress in a meaningful and sustainable manner until the Hadith is re-examined in a fresh new approach from within the Islamic framework, shifting the discourse in understanding Islam from a dogmatic religious law to a religio-moral rational worldview. The author argues that such re-examination requires the involvement of women in order to affirm their authority in exegetical and practical leadership within Muslim societies, and she encourages Muslim women to stand up for their rights to effect change in understanding the role of sunnah in their own life.
The Beginnings of Islamic Law by Lena Salaymeh Pdf
This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
"Mehran Kamrava has compiled a selection from some of the leading Muslim reformist thinkers whose voices have often been muted and marginalized. These essays introduce the reader to the nuances of the unfolding drama surrounding the issues of religion, politics and the public space across the Muslim World, revealing the richness as well as the limitations of these new attempts to synthesize Islam and modernity. This is a must-read for all those interested in hearing the new voices and seeing the other face of Islam."--Manochehr Dorraj, Professor of Political Science, Texas Christian University "The New Voices of Islam is a fine collection that effectively answers the question: where are the reformist voices in Islam? Mehran Kamrava has done an excellent job of presenting the global diversity of Muslim thinking from North Africa to Southeast Asia, Europe to America."--John L. Esposito, University Professor and Founding Director of the Prince Alwaleed Bin Talal Center for Muslim-Christian Understanding, Georgetown University "Western public concern about Islamic extremism is almost wholly uninformed by the views of the reforming intellectuals gathered together in Mehran Kamrava's very important book The New Voices of Islam. These men and women, living both within the Islamic world and in Europe and America, have been struggling for a modern, pluralist, tolerant and democratic transformation of the Muslim world years before the crises of 9/11 and 7/7. Their collective message deserves the widest exposure, particularly within western political circles where it has, sadly, gone unheeded."--David Waines, Emeritus Professor of Islamic Studies, Lancaster University "This volume contains not the voices of Muslim governments and Islamist oppositions but the work of Muslim mavericks--refreshing in their originality, searing in their critiques, reassuring in their rationality. These voices deserve a wider audience in the West, and this book responds to that need. But also, and most especially, they deserve the attention of Muslims everywhere. Government repression and Islamist pressures unfortunately obstruct general access to such unconventional ideas in many Muslim states."--Robert D Lee, Professor of Political Science, Colorado College
Rethinking Halal reflects an anthropological revolution, that of the scientising, standardising, and normalising of social life through certification which is part of a process of ‘positivisation’ that directly affected Islam and Islamic normativity.
Men in Charge? by Ziba Mir-Hosseini,Mulki Al-Sharmani,Jana Rumminger Pdf
Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic, and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, and since the late 19th century there has been a mass of literature tackling this issue. Recently, exciting new feminist research has been challenging gender discrimination and male authority from within Islamic legal tradition: this book presents some important results from that research. The contributors all engage critically with two central juristic concepts; rooted in the Qur’an, they lie at the basis of this discrimination. One refers to a husband’s authority over his wife, his financial responsibility toward her, and his superior status and rights. The other is male family members’ right and duty of guardianship over female members (e.g., fathers over daughters when entering into marriage contracts) and the privileging of fathers over mothers in guardianship rights over their children. The contributors, brought together by the Musawah global movement for equality and justice in the Muslim family, include Omaima Abou-Bakr, Asma Lamrabet, Ayesha Chaudhry, Sa‘diyya Shaikh, Lynn Welchman, Marwa Sharefeldin, Lena Larsen and Amina Wadud.
Author : Daniel W. Brown Publisher : Cambridge University Press Page : 204 pages File Size : 40,5 Mb Release : 1999-03-04 Category : History ISBN : 0521653940
Journeys Toward Gender Equality in Islam by Ziba Mir-Hosseini Pdf
If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari‘a. In thought-provoking discussions with six influential Muslim intellectuals – Abdullahi An-Na’im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi – Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.
Author : Ron Shaham Publisher : University of Chicago Press Page : 302 pages File Size : 51,7 Mb Release : 2010-04-15 Category : Law ISBN : 9780226749358
The Expert Witness in Islamic Courts by Ron Shaham Pdf
Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.
The Routledge Handbook of Islam and Gender by Justine Howe Pdf
Given the intense political scrutiny of Islam and Muslims, which often centres on gendered concerns, The Routledge Handbook of Islam and Gender is an outstanding reference source to key topics, problems, and debates in this exciting subject. Comprising over 30 chapters by a team of international contributors the Handbook is divided into seven parts: Foundational texts in historical and contemporary contexts Sex, sexuality, and gender difference Gendered piety and authority Political and religious displacements Negotiating law, ethics, and normativity Vulnerability, care, and violence in Muslim families Representation, commodification, and popular culture These sections examine key debates and problems, including: feminist and queer approaches to the Qur’an, hadith, Islamic law, and ethics, Sufism, devotional practice, pilgrimage, charity, female religious authority, global politics of feminism, material and consumer culture, masculinity, fertility and the family, sexuality, sexual rights, domestic violence, marriage practices, and gendered representations of Muslims in film and media. The Routledge Handbook of Islam and Gender is essential reading for students and researchers in religious studies, Islamic studies, and gender studies. The Handbook will also be very useful for those in related fields, such as cultural studies, area studies, sociology, anthropology, and history.
Divine Words, Female Voices by Jerusha Tanner Lamptey Pdf
The relationship between Islam and feminism is complex. There are many Muslim scholars who fervently promote women's equality. At the same time, there is ambivalence regarding the general norms, terminology, and approaches of feminism and feminist theology. This ambivalence is in large part a product of various hegemonic, androcentric, and patriarchal discourses that seek to dictate legitimate and authoritative interpretations. These discourses not only fuel ambivalence, they also effectively obscure valuable possibilities related to interreligious feminist engagement. Divine Words, Female Voices is the follow-up to Jerusha Lamptey's 2014 book, Never Wholly Other, in which she introduced the idea of "Muslima" theology and applied it to the topic of religious diversity. In this new book, she extends her earlier arguments to contend that interreligious feminist engagement is both a theologically valid endeavor and a vital resource for Muslim women scholars. She introduces comparative feminist theology as a method for overcoming challenges associated with interreligious feminist engagement, reorients comparative discussions to focus on the two "Divine Words" (the Qur'an and Jesus) and feminist theology, and uses this reorientation to examine intersections, discontinuities, and insights related to diverse theological topics. This book is distinctive in its responsiveness to calls for new approaches in Islamic feminist theology, its use of the method of comparative theology, its focus on Muslim and Christian feminist theology in comparative analysis, and its constructive articulation of Muslima theological perspectives.
This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.
Jamal Malik provides new insights into the social and intellectual history of the complex forms of cultural articulation among Muslims in South Asia from the seventh to twenty-first century, elaborating on various trends and tendencies in a highly plural setting.
