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Pragmatism In Islamic Law
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Book Synopsis Pragmatism in Islamic Law by : Ahmed Fekry Ibrahim
Download or read book Pragmatism in Islamic Law written by Ahmed Fekry Ibrahim and published by Syracuse University Press. This book was released on 2015-04-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as "pragmatic eclecticism," emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt’s new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society’s subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt’s partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.
Book Synopsis Pragmatism in Islamic Law by : Ahmed Fekry Ibrahim
Download or read book Pragmatism in Islamic Law written by Ahmed Fekry Ibrahim and published by Syracuse University Press. This book was released on 2017-01-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as “pragmatic eclecticism,” emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt’s new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society’s subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt’s partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.
Book Synopsis Medieval Islamic Pragmatics by : Mohamed Mohamed Yunis Ali
Download or read book Medieval Islamic Pragmatics written by Mohamed Mohamed Yunis Ali and published by Routledge. This book was released on 2000 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with two different pragmatic approaches to textual communication: (i) the mainstream approach followed by the 'Ash'ari s, Hanafi s and Mu'tazili s, (ii) the salafite approach followed mainly by the Hanbali s, defended and elaborated by Ibn Taymiyyah. One of the primary aims of the book is to explore and formulate several Muslim legal theorists' pragmatic theories, communicative principles and linguistic views, construct them in the form of models and set them within a general uniform framework. Another aim is to reveal a corpus of information and data which, though highly relevant to modern pragmatics, is still unknown. This study, which can be seen as an extensive introduction to 'medieval Islamic pragmatics', is the first attempt to examine the approaches followed by the Salafi s or the mainstream from a pragmatic viewpoint. There has been no attempt to explain the principles and the strategies utilised by the medieval Sunni Muslim legal theorists in their account of how communication works and how successful interpretation is achieved. Of course, a lot of work has been done on different Islamic sects and their different positions over the interpretation of the Quran and Sunnah, but these studies fall short of delving into the underlying communicative principles that motivate their differences over interpretation. The author's formulation of the Muslim legal theorists' views is enhanced by setting up a reliable theoretical foundation and by delving into their underlying philosophical principles. This involves relating the legal theorists' insights into interpretation and communication to their relevant ontological, epistemological and theological outlooks, and comparing these insights with their modern pragmatic counterparts.
Book Synopsis The Islamic Polity And Political Leadership by : Mehran Tamadonfar
Download or read book The Islamic Polity And Political Leadership written by Mehran Tamadonfar and published by Routledge. This book was released on 2019-07-09 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is employed for the study of the Islamic polity and political leadership and examines the basic features of the Islamic polity. It provides a theoretical framework for the study of political authority in the Islamic world signifying individual leaders' characteristics.
Book Synopsis Sharecropping in the Yemen by : William J. Donaldson
Download or read book Sharecropping in the Yemen written by William J. Donaldson and published by BRILL. This book was released on 2000 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text discusses sharecropping in the Yemen against the background of Islamic law and customary law. Sharecropping is interesting in Islam since its basis is ostensibly inconsistent with the Islamic prohibition against transactions involving gharar (risk or uncertainty).
Book Synopsis Child Custody in Islamic Law by : Ahmed Fekry Ibrahim
Download or read book Child Custody in Islamic Law written by Ahmed Fekry Ibrahim and published by Cambridge University Press. This book was released on 2018-08-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.
Book Synopsis Routledge Handbook of Islamic Law by : Khaled Abou El Fadl
Download or read book Routledge Handbook of Islamic Law written by Khaled Abou El Fadl and published by Routledge. This book was released on 2019-05-10 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.
Book Synopsis Islamism and Democracy in Indonesia by : Masdar Hilmy
Download or read book Islamism and Democracy in Indonesia written by Masdar Hilmy and published by Institute of Southeast Asian Studies. This book was released on 2010 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most scholarly works conducted within the period of post-New Order Indonesia have underlined the fact that Indonesian Islamists reject the notion of democracy; no adequate explanation nonetheless has been attempted thus far as to how and to what extent democracy is being rejected. This book is dedicated to filling the gap by examining the complex reality behind the Islamists' rejection of democracy. It focuses its analysis on two streams of Islamism: the two Islamist groups that seek "extra-parliamentary" means to achieve their goals, that is, MMI and HTI, and the PKS Islamists who choose the existing political party system as a means of their power struggle. As this book has demonstrated, there are times when the two streams of Islamism share a common platform of understanding and interpretation as well as an intersection where they are in conflict with one another. The interplay between contested meanings over particular theological matters on normative grounds and power contests among the Islamists proves to be critical in shaping this complexity.
Book Synopsis Can Islam Be French? by : John R. Bowen
Download or read book Can Islam Be French? written by John R. Bowen and published by Princeton University Press. This book was released on 2011-11-06 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bowen asks not the usual question--how well are Muslims integrating in France?--but, rather, how do French Muslims think about Islam? In particular, Bowen examines how French Muslims are fashioning new Islamic institutions and developing new ways of reasoning and teaching. He looks at some of the quite distinct ways in which mosques have connected with broader social and political forces, how Islamic educational entrepreneurs have fashioned niches for new forms of schooling, and how major Islamic public actors have set out a specifically French approach to religious norms. --from publisher description.
Book Synopsis Child Custody in Islamic Law by : Ahmed Fekry Ibrahim
Download or read book Child Custody in Islamic Law written by Ahmed Fekry Ibrahim and published by Cambridge University Press. This book was released on 2018-08-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
Book Synopsis The Legitimacy of Use of Force in Public and Islamic International Law by : Mohammad Z. Sabuj
Download or read book The Legitimacy of Use of Force in Public and Islamic International Law written by Mohammad Z. Sabuj and published by Springer Nature. This book was released on 2021-06-22 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.
Book Synopsis The Oxford Handbook of Islamic Law by : Anver M. Emon
Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by Oxford University Press. This book was released on 2018-10-25 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
Book Synopsis Islamic Law, Epistemology and Modernity by : Ashk Dahlen
Download or read book Islamic Law, Epistemology and Modernity written by Ashk Dahlen and published by Routledge. This book was released on 2004-03-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.
Book Synopsis The Objectives of Islamic Law by : Idris Nassery
Download or read book The Objectives of Islamic Law written by Idris Nassery and published by Lexington Books. This book was released on 2020-07-06 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars, thinkers, and activists around the world are paying increasing attention to a legal reform method that promises to revolutionize the way people think about Islamic law. Known as “The Objectives of the Sharī‘a” (maqāṣid al-sharī‘a), the theory offers a way to derive and apply new Islamic laws using an ancient methodology. The theory identifies core objectives that underlie Islamic law, and then looks at inherited Islamic laws to see whether they meet those objectives. According to the maqāṣid theory, historical Islamic laws that meet their objectives should be retained, and those that do not—no matter how entrenched in practice or embedded in texts—should be discarded or reformed. Recently, several scholars have questioned the maqāṣid theory, arguing that it is designed not to reform laws, but to support existing power structures. They warn that adopting the maqāṣid wholesale would set the reform project back, ensuring that inherited Islamic laws are never fully reformed to agree with contemporary values like gender-egalitarianism and universal human rights. The Objectives of Islamic Law: The Promises and Challenges of the Maqāṣid al-Sharī‘acaptures the ongoing debate between proponents and skeptics of the maqāṣid theory. It raises some of the most important issues in Islamic legal debates today, and lays out visions for the future of Islamic law.
Book Synopsis Modernity and the General Philosophy of Islamic Law. by : S L M Rifai
Download or read book Modernity and the General Philosophy of Islamic Law. written by S L M Rifai and published by Independently Published. This book was released on 2019-09-12 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social changes demand the legal changes in Islamic law: Some theoretical and pragmatic arguments by DR SLM RIFAIHow does Islamic law respond to social changes? This has been one of the challenging questions in Islamic legal history. Muslim legal theorists have been debating this since the formative period of the Islamic legal thought. The sources of Islamic law are limited in certain scriptural texts, historical legal precedents and supplementary legal sources. Yet, human challenges and problems are unlimited. So, how do limited numbers of divine texts and prophetic traditions provide viable solutions for ever-increasing problems of the Muslim community in this modern digital world? This book explores the intriguing relationship between social and legal changes in Islamic law. Modern technological and digital revolutions have brought about unprecedented social changes in all walks of human life. Classical Muslim jurists devised the doctrines of the general philosophy of Islamic law to relate Islamic law to changing social realities of their historical contexts. Classical legal theorists created many legal principles, theories and concepts to demonstrate the flexible and adaptable nature of Islamic law to different social conditions. Yet, classical Islamic legal thoughts are not always viable and applicable to modern social conditions. For this reason, many modern Muslim scholars argue that the legal reform is very much important today to meet the challenges of modern time. Muslim scholars seek solutions for the problems of the Muslim community in the historical precedents of past the Muslim intellectual heritage without appreciating all these modern changes. Many of them are experts on Islamic studies and yet, they find it difficult to relate what they learn to the modern social condition of this complicated world. The science of the general philosophy of Islamic law provides some dynamic mechanisms to relate Islamic teaching to modern social conditions without distorting or twisting the pure teaching of the divine message. It bridges the gap between the historical legacies of the Islamic past and the scientific development of the modern world. It relates the past legacy of Islamic heritage with the present-day realities of the modern world. It directs Muslim jurists to understand modern social conditions in a holistic approach considering both the literal and contextual meaning of the text. Therefore, many others argue that the science of the legal philosophy of Islamic law can be developed as a dynamic research methodology and developmental policy strategy. This book explores the classical and modern ideas of the general philosophy of Islamic law to understand the dynamic nature of Islamic law to adapt to the modern social conditions. This thesis emphasises the importance of understanding texts, context and social realities. When we apply the divine texts into modern context, we should take the time and space factors into account. Moreover, the social realities of modern societies otherwise, the application of divine texts will not be always viable in this modern world. The literal school of Islamic legal thought does not take these factors into consideration when they try to apply the divine texts to modern conditions. The challenges of modernity are immense in all field of human sciences. We see a lot of changes in politics, geopolitics, finance, business sections and many other fields of education and human sciences. It is expected that the digital technology and artificial intelligence will bring dramatic changes into human life by 2040. The Muslim world must make some legal changes to meet the challenges of the social changes. The basic argument of this paper is that some aspects of classical legal thoughts are viable today in our modern context and legal changes are unavoidable. This study explores different areas of modern development in human sciences to highlight the importance of legal changes.
Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner
Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Book Synopsis Islamic Ethics of Life by : Jonathan E. Brockopp
Download or read book Islamic Ethics of Life written by Jonathan E. Brockopp and published by Univ of South Carolina Press. This book was released on 2003 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering work on controversial issues within the Muslim world Islamic Ethics of Life considers three of the most contentious ethical issues of our time--abortion, war, and euthanasia--from the Muslim perspective. Distinguished scholars of Islamic studies have collaborated to produce a volume that both integrates Muslim thinking into the field of applied ethics and introduces readers to an aspect of the religion long overlooked in the West. This collective effort sets forth the relationship between Islamic ethics and law, clearly revealing the complexity and richness of the Islamic tradition as well as its responsiveness to these controversial modern issues. The contributors analyze classical sources and survey the modern ethical landscape to identify guiding principles within Islamic ethical thought. Clarifying the importance of pragmatism in Islamic decision making, the contributors also offer case studies related to specialized topics, including "wrongful birth" claims, terrorist attacks, and brain death. The case studies elicit possible variations on common Muslim perspectives. The contributors situate Muslim ethics relative to Christian and secular accounts of the value of human life, exposing surprising similarities and differences. In an introductory overview of the volume, Jonathan E. Brockopp underscores the steady focus on God as the one who determines the value of human life, and hence as the final arbiter of Islamic ethics. A foreword by Gene Outka places the volume in the context of general ethical studies, and an afterword by A. Kevin Reinhart suggests some significant ramifications for comparative religious ethics.
