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The Fatwa As An Islamic Legal Instrument
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Book Synopsis The Fatwa as an Islamic Legal Instrument by : Carool Kersten
Download or read book The Fatwa as an Islamic Legal Instrument written by Carool Kersten and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most misunderstood aspects of Islamic legal practice and thought is the role and position of fatwas or legal opinions. This three-volume reference work offers a comprehensive overview of and detailed insights into: -the concept of the fatwa as a vehicle of legal opinion-making in Islam -its historical role in different parts of the Muslim world -and contemporary debates reflecting both the fatwa's enduring relevance and its ongoing contestation among Muslims today.
Book Synopsis The Fatwa as an Islamic Legal Instrument by : Carool Kersten
Download or read book The Fatwa as an Islamic Legal Instrument written by Carool Kersten and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Fatwa as an Islamic Legal Instrument : Concept, Historical Role, Contemporary Relevance by : Carool Kersten
Download or read book The Fatwa as an Islamic Legal Instrument : Concept, Historical Role, Contemporary Relevance written by Carool Kersten and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Fatwa as an Islamic Legal Instrument: Concept, Historical Role, Contemporary Relevance by :
Download or read book The Fatwa as an Islamic Legal Instrument: Concept, Historical Role, Contemporary Relevance written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ifta' and Fatwa in the Muslim World and the West by : Zulfiqar Ali Shah
Download or read book Ifta' and Fatwa in the Muslim World and the West written by Zulfiqar Ali Shah and published by IIIT. This book was released on 2014 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the formative classical period of Islamic jurisprudence, wellknown scholars possessed not only the intellectual skills required for analytic reasoning, but also a broad general knowledge of the fi elds relevant to the cultural contexts in which they issued their edicts. A viable fatwa requires knowledge of the Shari‘ah as well as local customs, cultural realities, individual and communal implications, and related matters. The original juristic tradition was formulated and fi xed during the fi rst three Islamic centuries, a time of widespread sociopolitical turmoil. Of course, the jurists’ legal outlooks and thinking processes could not have escaped this reality. While Muslims of the prophetic and rāshidūn periods adhered closely to the authentic texts due to their sincerity, piety, prophetic training, and proximity to the revelation, the changing environment in which their descendants functioned gradually started to impact how the authentic texts were understood, interpreted, paraphrased, and implemented. Both the Muslim and the non-Muslim worlds have drastically changed since that time. The new geopolitical and scientifi c realities of our rapidly changing world demand a fresh look at some aspects of the established juristic tradition. The way forward involves a systematic fresh look at and reevaluation of the old fatwas, as well as the issuance of new ones with a maqāsidī outlook that can deal successfully with today’s ever-changing global realities. In this edited volume, papers on fatwa and iftā’ point to an approach that is both rooted in the Islamic legacy and committed to meeting the challenges of the modern world.
Book Synopsis Islamic Legal Interpretation by : Muhammad Khalid Masud
Download or read book Islamic Legal Interpretation written by Muhammad Khalid Masud and published by Oxford University Press, USA. This book was released on 2005 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous ed.: Cambrige, Mass.: Harvard University Press, 1996.
Book Synopsis Fatwa and the Making and Renewal of Islamic Law by : Omer Awass
Download or read book Fatwa and the Making and Renewal of Islamic Law written by Omer Awass and published by Cambridge University Press. This book was released on 2023-04-27 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Omer Awass examines the formation, history, and transformation of the Islamic legal discourse and institutions through the lens of a particular legal practice: the issuance of fatwas (legal opinions). Tracing the growth of Islamic law over a vast geographical expanse -from Andalusia to India - and a long temporal span - from the 7th to the 21st century, he conceptualizes fatwas as the 'atomic units' of Islamic law. Awass argues that they have been a crucial element in the establishment of an Islamic legal tradition. He also provides numerous case studies that touch on economic, social, political, and religious topics. Written in an accessible style, this volume is the first to offer a comprehensive investigation of fatwas within such a broad spatio-temporal scope. It demonstrates how instrumental fatwas have been to the formation of Islamic legal traditions and institutions, as well as their unique forms of reasoning.
Book Synopsis A RHETORICAL EXAMINATION OF THE FATWA by : Abdulraham Ibrahim Aljahli
Download or read book A RHETORICAL EXAMINATION OF THE FATWA written by Abdulraham Ibrahim Aljahli and published by . This book was released on 2017 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation examines the fatwa, an Islamic religious ruling and scholarly opinion on matters of Islamic law, and how fatwa is used as cultural, political and legal rhetoric. It illustrates how rhetoric of ulama [scholars trained in Islam and Islamic law], mutakallimun [theologians], muftis [group of theologians or canon lawyers], qadis [judges], professors, and Sheikh al Islam [the highest-level state religious official], play a role in culture and communication in the Islamic world to gain political, social, cultural, and spiritual control. Specifically, the dissertation examines two of the most renowned fatwas (fatawa) issued in the past three decades: First, the fatwa issued by Ayotallah Ruhollah Khomeini on Salman Rushdie, second, the fatwa issued on Bengali Bangladeshi ex-doctor turned author, Taslima Nasrin, who has lived in exile since 1994. The most important contribution to knowledge this dissertation makes is the analysis of the fatwa issued on Egyptian author and intellectual, Dr. Faraj Fodah, who was murdered in 1992. Next to no research or media coverage exists in western sources about Fodah's life, publications, accomplishments, and assassination. Additionally, comprehensive evidence and transcripts from the trial of Fodah's assassins is presented. A combination of rhetorical criticism and discourse analysis is applied to examine the rhetoric of fatwas. Also analyzed are global perceptions of fatwas issued on Rushdie and Nasrin, both controversial authors of South Asian heritage, their involvement with the western nations that gave each asylum, and the broader western discourses that have held both authors in esteem and as exemplars of free speech. The study enhances understanding of how religion is used as an instrument for power, prestige, and political gain in Arab and Muslim majority nations. The study also helps understanding of political and cultural turbulence in the Middle East and North Africa. Finally, the dissertation highlights need for broader understandings of the nature and role of the rhetoric of fatwa in the application of Islamic law, and complex nuances of transnational freedom of speech and human rights.
Download or read book How Muftis Think written by Lena Larsen and published by BRILL. This book was released on 2018-05-23 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women’s duties and obedience, and one stressing women’s rights and equality before the law. Focusing on muftis who see “the time and place” as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women’s dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
Download or read book FATWA written by Omer Awass and published by . This book was released on 2014 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: My dissertation examines the transformation of Islamic legal discourse and the impact of that discourse on Muslim society. More particularly, it analyzes fatwas (religious legal edicts) over the course of Muslim history so as to determine how this legal mechanism was instrumental in the making and remaking of Islamic law and society. Historically speaking, substantive aspects of Islamic law developed out of the material of fatwas. In the very early stages of Islamic history there were no codified laws to guide people in their religious and social concerns, but the manner in which Muslims received guidance with regards to their religious practice was that they posed their concerns to early proto-jurists in the form of religio-legal questions, which these jurists addressed in the form of fatwas. Out of the critical mass of these fatwas, Islamic legal manuals began to be compiled and a definitive corpus of Islamic law came into being. Essentially, my investigation looks at the development and continuing evolution of Islamic law through lens of a particular legal practice: issuance of fatwas. By examining fatwas in different periods of Islamic history from the beginning until today, I chart the transformations that take place in Islamic legal tradition(s) as a result of the encounter with changing socio-historical conditions. More particularly, my analysis draws attention to the way in which legal practices amongst jurists created discursive shifts to established norms within Islamic legal discourse on how these discursive shifts contributed to the evolution of Islamic law. Moreover, by analyzing fatwas issued from Muslim jurists from various regions and periods, I identify how fatwas were essential catalysts for historical change, which gives us a better appreciation of the interrelationship between law and society. This historical foundation provides a basis for a diachronic assessment of the transformations that take place in Islamic legal tradition as a result of the encounter with colonialism. In latter part of my investigation, I examine how the practice and rationalization of fatwa has changed due to the ramifications of colonialism on the Muslim world. In this era, the established practices and doctrines of Islamic law were critiqued through the lens of modern Western ideas. This spawned modern Muslim movements that sought to reform Islamic law and redefine its relationship to the state and society. After historically establishing the ideas which were advocated by reformers, my goal is to assess whether those calls for reform have actually affected the practice Islamic law at the substantive and procedural levels. I do this by subjecting fatwas issued in the postcolonial period to critical analysis, so as to determine whether the procedures or rationale of fatwas have changed in a fundamental way. The larger themes that I address in my latter analysis is whether this modern trend amongst some Muslim thinkers and jurists towards contextually oriented legal concepts represents a lasting shift away from the traditional textually oriented legal methodology to produce a new type of discourse that is revolutionizing Islamic law or is it a passing phenomenon that will not make a lasting impact on how Islamic law is derived in the future. Fatwas are the key starting points in addressing these question because they represent the most elemental dimensions of Islamic law and the new legal developments within it. So, they offer vistas on how Muslim religious and legal practice will undergo a transformation in the future.
Book Synopsis Everyday Islamic Law and the Making of Modern South Asia by : Elizabeth Lhost
Download or read book Everyday Islamic Law and the Making of Modern South Asia written by Elizabeth Lhost and published by UNC Press Books. This book was released on 2022-05-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.
Book Synopsis Conference of the Books by : Khaled Abou El Fadl
Download or read book Conference of the Books written by Khaled Abou El Fadl and published by . This book was released on 2001 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abou El Fadl (Islamic law, UCLA School of Law) wrote the 62 brief essays here over the course of five years. Through a combination of musings and critical reflections on classical Muslim authors, he both traces Muslim intellectual history and also confronts questions of ethics, faith, law, politics, culture, and modern identity. He ranges over many facets of Islam in the contemporary world, exploring censorship, political oppression, terrorism, the veil and the treatment of women, marriage, parental rights, the dynamics between law and morality, the character of the prophet Muhammad, and other topics. About half the essays first appeared in The minaret magazine. c. Book News Inc.
Book Synopsis Constituting Religion by : Tamir Moustafa
Download or read book Constituting Religion written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2018-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Download or read book How Muftis Think written by Lena Larsen and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Muftis Think offers a wealth of new materials from the nearly unexplored field of contemporary women-related fatwas in Europe. Lena Larsen's interviews and readings provide fascinating insights into fatwa-giving as a contribution to developing a local European Islamic jurisprudence.
Book Synopsis Islamic Law and Society by : Emine Enise Yakar
Download or read book Islamic Law and Society written by Emine Enise Yakar and published by Routledge. This book was released on 2021-09-30 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.
Book Synopsis Law and Piety in Medieval Islam by : Megan H. Reid
Download or read book Law and Piety in Medieval Islam written by Megan H. Reid and published by Cambridge University Press. This book was released on 2013-07-22 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ayyubid and Mamluk periods were two of the most intellectually vibrant in Islamic history. Megan H. Reid's book, which traverses three centuries from 1170 to 1500, recovers the stories of medieval men and women who were renowned not only for their intellectual prowess but also for their devotional piety. Through these stories, the book examines trends in voluntary religious practice that have been largely overlooked in modern scholarship. This type of piety was distinguished by the pursuit of God's favor through additional rituals, which emphasized the body as an instrument of worship, and through the rejection of worldly pleasures, and even society itself. Using an array of sources including manuals of law, fatwa collections, chronicles, and obituaries, the book shows what it meant to be a good Muslim in the medieval period and how Islamic law helped to define holy behavior. In its concentration on personal piety, ritual, and ethics the book offers an intimate perspective on medieval Islamic society.
Book Synopsis Modern Perspectives on Islamic Law by : E. Ann Black
Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
