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Rethinking The Jurisprudence Of Islam
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Book Synopsis Rethinking Islamic Legal Modernism by : Ron Shaham
Download or read book Rethinking Islamic Legal Modernism written by Ron Shaham and published by BRILL. This book was released on 2018-07-10 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.
Book Synopsis Rethinking the Jurisprudence of Islam by : Leslie Terebessy
Download or read book Rethinking the Jurisprudence of Islam written by Leslie Terebessy and published by Independently Published. This book was released on 2024-01-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking Muslim Personal Law by : Hilal Ahmed
Download or read book Rethinking Muslim Personal Law written by Hilal Ahmed and published by Taylor & Francis. This book was released on 2022-04-28 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking Islamic Jurisprudence for Muslim Minorities by : Karen-Lise Johansen Karman
Download or read book Rethinking Islamic Jurisprudence for Muslim Minorities written by Karen-Lise Johansen Karman and published by . This book was released on 2008 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rethinking Tradition in Modern Islamic Thought by : Daniel W. Brown
Download or read book Rethinking Tradition in Modern Islamic Thought written by Daniel W. Brown and published by Cambridge University Press. This book was released on 1999-03-04 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions about the authenticity and authority of sunna have long been of central importance to the study of Islam, especially to those concerned with Islamic law. In this fascinating study, Daniel Brown traces the emergence of modern debates over sunna, focusing in particular on Egypt and Pakistan where these controversies have raged most fiercely, and assesses the implications of new approaches to the law on contemporary movements of Islamic revival. Using the case of modern Islam as a starting-point, the author considers how adherents of any great tradition deal with change.
Book Synopsis Woman's Identity and Rethinking the Hadith by : Nimat Hafez Barazangi
Download or read book Woman's Identity and Rethinking the Hadith written by Nimat Hafez Barazangi and published by Routledge. This book was released on 2016-03-09 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking Hadith Methodology by : Mehmet Görmez
Download or read book Rethinking Hadith Methodology written by Mehmet Görmez and published by Kopernik Incorporated. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early centuries of Islam, Muslim scholars developed countless scientific disciplines in attempting to classify, investigate, and utilise the hadiths and the sunnah of the Prophet Muhammad. As none of these sciences evolved into a fully-fledged hadith science, scholars began to implement the methodology of fiqh in examining the hadiths. After Imam al Shafii in the ninth century, hadiths were almost exclusively confined to the realm of legal studies. This new legalistic and literalist approach to the hadith created serious problems, primarily for two reasons, the Prophet did not intend that each of his words and utterances should form the basis of a legal system, and unlike the Quran, the Prophets statements were transmitted over generations and not always verbatim and therefore recorded hadiths could not be treated as immutable legal documents. The aim of this book is to demonstrate the necessity of creating a new hadith science.
Book Synopsis Woman's Identity and the Hadith Rethinking the Sunnah by : Nimat Hafez Barazangi
Download or read book Woman's Identity and the Hadith Rethinking the Sunnah written by Nimat Hafez Barazangi and published by Lund Humphries Publishers. This book was released on 2015-10-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively contrasts 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 argues 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.
Book Synopsis The Beginnings of Islamic Law by : Lena Salaymeh
Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The New Voices of Islam written by and published by . This book was released on 2006 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years, a significant discourse has emerged from a number of prominent Muslim thinkers who wish to reformulate Islamic theology and jurisprudence. This book talks about their work, on the themes of Islamic hermeneutics; Islam's relationship with modernity; and the relationship of Islam with democracy and civil rights.
Book Synopsis The New Voices of Islam by : Mehran Kamrava
Download or read book The New Voices of Islam written by Mehran Kamrava and published by Univ of California Press. This book was released on 2006 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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
Book Synopsis On Schacht's Origins of Muhammadan Jurisprudence by : Muḥammad Muṣṭafá Aʻẓamī
Download or read book On Schacht's Origins of Muhammadan Jurisprudence written by Muḥammad Muṣṭafá Aʻẓamī and published by Islamic Texts Society. This book was released on 1985 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth study presents a detailed analysis and critique of the classic Western work on the origins of Islamic law, Schacht's Origins of Muhammadan Jurisprudence. Azami's work examines the sources used by Schacht to develop his thesis on the relation of Islamic law to the Qur'an, and exposes fundamental flaws in Schacht's methodology that led to the conclusions unsupported by the texts examined. This book is an important contribution to Islamic legal studies from an Islamic perspective.
Book Synopsis Men in Charge? by : Ziba Mir-Hosseini
Download or read book Men in Charge? written by Ziba Mir-Hosseini and published by Simon and Schuster. This book was released on 2014-12-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Expert Witness in Islamic Courts by : Ron Shaham
Download or read book The Expert Witness in Islamic Courts written by Ron Shaham and published by University of Chicago Press. This book was released on 2010-04-15 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Sexual Violation in Islamic Law by : Hina Azam
Download or read book Sexual Violation in Islamic Law written by Hina Azam and published by Cambridge University Press. This book was released on 2015-06-26 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centered on legal discourses of Islam's first six centuries, this book analyzes juristic writings on the topic of rape.
Book Synopsis The Imperatives of Progressive Islam by : Adis Duderija
Download or read book The Imperatives of Progressive Islam written by Adis Duderija and published by Routledge. This book was released on 2017-02-03 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the proliferation of transnational Muslim networks over the last two decades, the religious authority of traditionally educated Muslim scholars, the uluma, has come under increasing scrutiny and disruption. These networks have provided a public space for multiple perspectives on Islam to be voiced, allowing "progressive" Islamic worldviews to flourish alongside more (neo)traditional outlooks. This book brings together the scholarship of leading progressive Muslim scholars, incorporating issues pertaining to politics, jurisprudence, ethics, theology, epistemology, gender and hermeneutics in the Islamic tradition. It provides a comprehensive discussion of the normative imperatives behind a progressive Muslim thought, as well as outlining its various values and aims. Presenting this emerging and distinctive school of Islamic thought in an engaging and scholarly manner, this is essential reading for any academic interested in contemporary religious thought and the development of modern Islam.
Book Synopsis The Concept of State and Law in Islam by : Farooq Hassan
Download or read book The Concept of State and Law in Islam written by Farooq Hassan and published by . This book was released on 1981 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely work which highlights the far-reaching implications of the creation of Islamic States for both Muslims and the international community.
