This book is a comprehensive analysis of the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran.

Islamic Theology, Philosophy and Law: Debating Ibn Taymiyya and Ibn Qayyim al-Jawziyya. Edited by Birgit Krawietz and Georges Tamer. Studien zur Geschichte and Kultur des islamischen Orients, n. F., vol. 27. Berlin: de Gruyter, 2013. Pp. viii + 583. €129,95, $182.

This paper examines the issue of Islamic political philosophy in terms of prophecy, revelation and divine law. It is important to note that philosophy, and Islamic politics are in a good relation with religion. In the present study I have developed this connection through the philosophical theories of the medieval philosopher Al-Farabi. What are the differences and similarities between philosophy and divine law, or between a philosopher and prophet? What are Al-Farabi’s most important political theories (...) and what are the concepts of virtuous city and democratic city? What is the philosophy of the Quran? Our study seeks to answer all this questions. The divine law sets the beliefs and actions of the Islamic community, while the theoretical aspects which relate to it are entrusted to the philosophers. Theology is a discipline which protects divine law and establishes the truth of a special revelation, political theology being complementary to political philosophy. Theology tries to develop a rational and coherent understanding of the divine law, to find out what is the prophecy and to differentiate the true prophets from the false ones. (shrink)

In institutional settings affecting the formulation and implementation of international foreign and security policy, nation-states are influenced by Western standards of jurisprudence without explicit concern for religiously grounded legal frameworks. The question at issue here is whether there is a role for Islamic law in the formulation of international law, given recent literature examining this conjunction. For some, cultural symmetry requires attention to Islamic law, e.g., the Islamic law of nations, in the same way Western modernity evolved (...) contemporary international law out of a concept of a “law of nations”. In a historical period of asserted fundamentalist Islamic ideology as well as post-9/11 neo-conservative political ideology, there is ample need for negotiation of culture, including philosophical foundations of law, in which case attention to Islamic jurisprudence may well be a positive development to advance the cause of an evolving international legal order. (shrink)

The NGO Forum, held in Houairou, China, in the fall of 1995, was a defining moment in the global dialogue among women on issues relating to Islam. Prior to that event, discussions of Islamic shari'ah law (law based on religious foundations), in particular, and Islam, in general, had been escalating both in the West and in Muslim countries. In the regional conferences held in preparation for the United Nations Fourth World Conference on Women, held concurrently with the NGO Forum, (...) the intellectual fault‐lines surrounding these issues became pronounced between two radically different schools of thought. The first school of thought argued that shari'ah law was outmoded and should be discarded in favor of a modern Western secular model. The second school of thought denied any problems under existing shari'ah laws. Each group felt very strongly about its point of view. The battle was joined in Houairou. (shrink)

This work analyzes the history of the application of Islamic law (Shari`ah) in Nigeria. It analyzes how Islamic law emerged in Nigeria toward the beginning of the 19th century and remained applicable until the arrival of the British Colonial regime in Northern Nigeria in 1903. It sheds light on how the law survived colonial rule and continues until today. Dr. Yushau Sodiq analyzes progressive elements in Islamic law over the past two centuries. He goes on to discuss (...) many objections raised by the Nigerian Christians against the application of Islamic law, as well as how Muslims respond to such criticism. In a world that is often saturated with Islamophobia and ignorant misconceptions about Islam, this book aims to clarify and respond to many important concepts and ideas within Islamic religious tradition. (shrink)

The general mission of feminist philosophy is to correct whatever male biases may exist in the mainstream philosophical traditions. Thus western feminist philosophers investigate and challenge the ways in which western traditions have so long been participating in subordinating women or in rationalizing their subordination. By questioning the gender insensitivity of ethics and philosophy, feminism attempts to reveal various forms of subjugation of women operating through laws, institutions, customs, social theories, and cultural values. Feminism aims at coming up (...) with a better design for society, based on a thorough review and rethinking of gendered positioning of human beings. (shrink)

This inspiring work presents a truly knowledge-based approach to education as an alternative to the current curriculum that is based on consolidating pre-conceived ideas. It demonstrates the advantages of the new curriculum, both in terms of acquiring knowledge and preventing current problems such as technological disasters, global injustice, and environmental destruction. It also shows how it can eliminate plagiarism, low retention in classrooms, non-representative grading, and other common problems. Examples are given from various disciplines, ranging from science and engineering to (...) philosophy and law. (shrink)

There are differences in the approach to law and ethics in Western philosophy compared to law and ethics in Islamic philosophy. Western philosophy itself is divided into several schools, including natural law philosophy, legal realism or positivistic philosophy, historical philosophy of law, sociological philosophy of law, and utilitarianism. These schools have different views on the position of law and ethics. In the discourse of Islamic philosophy, Law and Ethics or Morality (...) are seen as interrelated principles. While Western philosophy is divided into several schools and dichotomizes between Law and Ethics, in Islamic philosophy they are integrated into the view that law and ethics are a unity and represent the spirit of Islamic teachings. This research aims to explain the role of law and ethics in Western philosophical schools. This research will explain how Western philosophical thought relates to law and ethics, and how the integration of law and ethics occurs in the context of Islamic philosophy. This research is a type of literature review or bibliographic study. The method applied in this research is descriptive analysis using a comparative approach. In the issue of Law and ethics, Western philosophical schools are divided into two views: those that unite law and those that separate law and ethics. The view that unites law and ethics includes natural law philosophy and historical philosophy of law. The view that separates law and ethics includes legal realism, positivism, social jurisprudence, and utilitarianism. Meanwhile, in the context of Islamic philosophy, the relationship between law and ethics is considered an integrated dimension in human life that cannot be separated. (shrink)

Muhammad Arsyad Al-Banjari who lived from 1710 to 1812 in Borneo, Indonesia, applied a model of integrating uses of the Banjarese tradition into Islamic Jurisprudence based on a dialectical constitution of qiyās, the legal argumentation theory for parallel reasoning and analogy, he learned from the Shāfi‘ī-school of jurisprudence (uṣūl al-fiqh). Our paper focuses in the model of integration proposed and practiced by Al-Banjari, a rational debate grounded on a dynamic view on legal systems. We will illustrate the method with (...) the help of two different kinds of qiyās deployed by Al-Banjari in order to argue for the rejection of some traditional Banjarese offering-rituals for avoiding disease or calamities (manyanggar and mambuang pasilih), and for the acceptance of the use of consuming the traditional drink called lahang made of the juice of sugar-palm. As our dialogical reconstruction shows, the development of the debates, particularly the first one, is quite sophisticated, with a Banjarese opponent that does not surrender easily to the rejection of his use of those rituals. (shrink)

This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.

Nazariyat, Journal for the History of Islamic Philosophy and Sciences, issued twice a year in English and Turkish (Nazariyat İslam Felsefe ve Bilim Tarihi Araştırmaları Dergisi), is a refereed international journal. It publishes original studies, critical editions of classical texts and book reviews on Islamic philosophy, kalām, theoretical aspects of Sufism and the history of sciences. The goal of Nazariyat is to contribute to the discovery, examination and reinterpretation of the theoretical traditions in the history of (...) Islamic thought, by giving special attention to the post-classical period of it. **ISSN: 2148-8088 E-ISBN: 2547-9415**. (shrink)

The book and its title -- Averroes' life and works -- The meaning of Averroes' work -- Being and language in the Decisive Treatise -- A sociology of language -- Averroes, the double truth and his heritage -- The Decisive Treatise on the connection between Islamic religious law and philosophy.

This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to (...) the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians. (shrink)

Islam means "peace" and "submission to God." With its ethical system of instruction for a balanced life based on faith and reason, how did this "religion of peace" come to be feared? After the 9/11 tragedy, Islam was judged by many in the West to be a hub of terrorism and a threat to world peace. People everywhere voiced concern over its concepts of war and Jihad. Ashraf traces these and related concepts from their inception in Qur'anic injunctions and the (...) Prophet's precepts to their current interpretation, evaluating them in their spiritual, moral, juridical, and cultural contexts. Misunderstandings about Islam lie at the core of much bitterness and violence. With no central authority to definitively interpret its teachings, misconceptions regarding Islam's ideology of war and peace abound. To label Islam as militant is to misinterpret jihad as simply a call to war and to ignore its laws governing warfare, which emphasize restraint as far as possible. Islamic Philosophy of War and Peace explains the spirit of Islam, its mandate for peace, and what the pluralistic notion of jihad stands for in the hope that clearing up ambiguities will foster peaceful relations between Muslims and the rest of the world. (shrink)

Accounting for the Commandments in Medieval Judaism explores the discursive formation of the commandments as a generative matrix of Jewish thought and life in the posttalmudic period. Each study sheds light on how medieval Jews crafted the commandments out of theretofore underdetermined material. By systematizing, representing, or interrogating the amorphous category of commandment, medieval Jewish authors across both the Islamic and Christian spheres of influence sought to explain, justify, and characterize Israel's legal system, divine revelation, the cosmos, and even (...) the divine order. This volume correlates bodies of knowledge-such as jurisprudence, philosophy, ethics, pietism, and kabbalah-that are normally treated in isolation into a single conversation about a shared constitutional concern. (shrink)

Islamic environmentalism is an intellectual movement whose representatives discuss contemporary environmental problems in the language of Islamic theology. This field includes Shariah-based environmental law, environmental activism, and environmental philosophy. This article is an overview of the genealogy of this philosophical trend: key names will be listed and their contributions to the development of this movement will be analyzed. For example, the legacy of Sayyid Hossein Nasr, considered the founding father of Islamic environmentalism, will be examined in (...) detail. The religious and ethical program of this philosophical movement will be analyzed in detail. The categorical apparatus to which Islamic eco-activists, philosophers, and ulema turned as the Islamic environmental agenda expanded will also be examined, such as how the concepts of khalifa, hima, and misan were conceptualized. Philosophers whose writings we will turn to include Iraqi philosopher and jurist Mawil Izzi Dien, British eco-activist Fazlun Khalid, Egyptian Grand Mufti Ali Jumaa, and representatives of so-called “Western Islam” Ziauddin Sardar and Tariq Ramadan. The example of Indonesia will be used to examine how Islamic eco-theology has formed the basis of a multilevel environmental policy. The thesis of the fundamental contradiction underlying Islamic environm entalism is put forward. On the one hand, this movement in its present form genetically dates back to the European protest movements of the 1960s and 70s, which opposed the culture of mass consumption, impersonal materialism, and overproduction. On the other hand, an equally important part of the rhetoric of a number of Islamic modernists, including on ecology, is the emphasis on the break with Western neoliberal values. The special role of social media in the promotion of Islamic eco-activism is noted separately. (shrink)

Some of the foremost living scholars in Islamic thought have come together to create a standard and definitive work on the subject of Islamic thought. Noted scholars from North America, Europe, and the Middle East offer new and generative interpretations of major themes in the field. They address perennial theological and philosophical questions: the nature of the God-head, the ultimate constitution of matter, the world's origin, causality, divine providence and the existence of evil, freedom and determinism, political wisdom, (...) and the reaches of human knowledge, The contributions include historical and analytical expositions of these issues in medieval Islam as well as discussions of individual thinkers, translations of Arabic texts with commentary, comparisons of Greek and Islamic thought, and bibliographical and textual sources. As a whole, these essays offer a wealth of philosophical, theological, bibliographical, philological, and historical information. Among the outstanding contributions are: an article by Charles Butterworth on Aristotle's rhetoric and how it was understood by al-Farabi, Avicenna and Averroes; Richard M. Frank's essay on the concepts of atoms and bodies, one of the most complex subjects in Islamic theology; and an article by Shams Inati on Ibn Sina and single expressions that discusses how language relates to mental processes and the unknown. Michael E. Marmura develops a new perspective on the subject of efficient causality, emphasizing the paradigmatic position of God's relationship to the world; Muhsin Mahdi analyzes a treatise of Averroes' that deals with the relationship between philosophy and law. (shrink)

Politics is among the most important concepts of al-Fārābī’s philosophy. For him, real happiness can only be achieved in a virtuous society and a virtuous society appears only in a regime led by the first chief. The most important feature of the first chief is that he communicates with the Active Mind. Religion is considered by al-Fārābī as the regime and life style implemented by the first chief in a virtuous society. This study tries to present how al-Fārābī perceives (...) religion philosophically and what is the need for religion in terms of making the laws required in the social life. From this point of view, we tried to reach the aspects of the relationship between religion and law. Furthermore, metaphysical foundation of laws and the role of the philosopher and prophet at the point of law-making were the other issues addressed. The features of the laws which will lead to this supreme goal and by whom they should be made as well as how they can be implemented and changed within the historical process were addressed. The place of Islamic law (fiqh) in the virtuous society was another aspect of the subject that was investigated. (shrink)

... Abu Hamid al-Ghazall enumerates twenty questions upon which he contends the philosophers have formulated heretical theories against which the Muslim ...

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their interrelation, merit further (...) study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the 'natural law theory' of one of the religious traditions of medieval philosophy-Jewish, Islamic, Byzantine, and Latin-and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua. (shrink)

This book investigates the central role of reason in Islamic intellectual life. Despite widespread characterization of Islam as a system of belief based only on revelation, John Walbridge argues that rational methods, not fundamentalism, have characterized Islamic law, philosophy and education since the medieval period. His research demonstrates that this medieval Islamic rational tradition was opposed by both modernists and fundamentalists, resulting in a general collapse of traditional Islamic intellectual life and its replacement by more (...) modern but far shallower forms of thought. However, the resources of this Islamic scholarly tradition remain an integral part of the Islamic intellectual tradition and will prove vital to its revival. The future of Islam, Walbridge argues, will be marked by a return to rationalism"--Provided by publisher. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there (...) are at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

Leo Strauss's Philosophy and Law contains a groundbreaking study of the political philosophy of Maimonides and his Islamic predecessors, and it offers an argument on behalf of that philosophy which is also a profound critique of modern philosophy. Here is an entirely new and complete English translation of Strauss's work, which takes as its ideal the exacting standards of accuracy that Strauss himself emphasized in his own work. It includes a prefatory essay introducing the argument (...) of each of the four sections of Philosophy and Law. This is a fresh and challenging treatment of the perennial conflict between reason and revelation, or philosophy and religion. Strauss's key contention in this book is that the most influential modern approaches to this conflict have run aground in ways that reflect their loss of key insights developed by the medieval philosophers of Islam and their Jewish pupils, especially Maimonides. Strauss challenges the modern view that scientific enlightenment must ultimately amount to atheism, and that therefore there can be no such thing as enlightened religion. Through a careful, original, and detailed treatment of central works of the medieval Islamic-Jewish tradition, especially Maimonides' Guide of the Perplexed, Strauss aims to recover their key insights into this question. (shrink)

The development of the Islamic world -- The education of Averroes -- Philosophy and Islam -- Law and medicine -- Remembering Averroes.

This book is designed for use in courses in law schools and university departments of philosophy. It can serve as a text for basic and advanced courses and seminars. Readings include excerpts of classic works of Aristotle, Aquinas, Locke, Hobbes, Kant, Bentham, and Austin. Provided also are excerpts from standard works of twentieth century philosophers. The book explores current legal discourse with readings on topics such as sociobiology, Islamic law, the legal process school, legal feminism, critical legal studies, (...) intersectionality and gender identity theories, law and economics, and new private law theories. It reprints leading cases on natural rights/human rights and readings from online blogs, op-ed essays, news stories and internet publications, as well as drawing on literary treatment of topics relevant to legal philosophy. (shrink)

Biography of Ibn Rushd... Averroes, old heathen, If only you had been right, if Intellect Itself were absolute law, sufficient grace. Our lives could be a myth of captivity. Which we might enter: an unpeopled region.

This study aims to reveal the interaction of local Javanese culture with an Islamic philosophical approach originating from the Cowongan tradition performed by shamans accompanied by dances with holy ladies and reciting mantras. This tradition is a prayer asking the gods to send down rain. This article emphasised that the Cowongan tradition places mystical power as the dominant element in life, which is embodied in symbols. The study of mysticism is closer to the study of Sufism which presents it (...) as Islamic mysticism with the color of syncretism of religious teachings with local cultural practices embodied by mystical-occult practices as the Penginyongan culture.Contribution: This research contributed to the fact that traditions that are good and acceptable to society can become the law as part of the Urf, which need to be maintained as long as they do not conflict with Sharia. (shrink)

While much has been written about Islam, particularly over the twenty-five years, few books have explored the full range of the ideas that have defined the faith over a millennium and a half. Fitzroy Morrissey provides a clear and concise introduction to the origins and sources of Islamic thought, from its beginnings in the 7th century to the current moment. He explores the major ideas and introduces the major figures--those who over the centuries have broached life's major questions, from (...) the nature of God and the existence of free will to gender relations and the ordering of society, and in the process defined Islam. Drawing on Arabic and Persian primary texts, as well as the latest scholarship, A Short History of Islamic Thought explains the key teachings of the Qur'an and Hadith, the great books of Islamic theology, philosophy, and law, as well as the mystical writings of the Sufis. It evaluates the impact of foreign cultures-Greek and Persian, Jewish and Christian-on early Islam, accounts for the crystallization of the Sunni and Shi'i forms of the faith, and accounts for the rise of such trends as Islamic modernism and Islamism. Above all, it reveals the fundamental principles of Islamic thought, both as a source of inspiration for Muslims today and as illuminating and rewarding in their own right. (shrink)

Massimo Campanini offers a new translation of Averroes's Fasl Al Maqal from the Arabic original, preceded by a substantial introduction to the text. The introduction, a kind of interpretative essay, attempts to clarify Ibn Rushd's position on the relation between philosophy and religion, the genre to which the Fasl belongs and the format it utilizes, while also offering a fully blown and intriguing outline of the political, theological, cultural, and ideological debates in Andalusia during the Almohadic period. A large (...) part of the 55 pages of this informative essay is dedicated to what Campanini considers to be Ibn Rushd's view of language as a pluralistic means of expressing the same truth in multiple ways.... (shrink)

A complete history of Islamic political thought from early Islam to the present Now in its 2nd edition, this textbook describes and interprets all schools of Islamic political thought, their origins, inter-connections and meaning. It examines the Qur'an, the early Caliphate, classical Islamic philosophy and the political culture of the Ottoman and other empires. It covers major thinkers such as Averroes and Ibn Taymiyya as well as a number of lesser authors, and Ibn Khaldun is presented (...) as one of the most original political theorists ever. It draws on a wide range of sources including writings on religion, law, philosophy and statecraft expressed in treatises, handbooks and political rhetoric. The new edition analyses the connections between religion and politics, covering the most recent developments in Islamic political thought and the most recent historical scholarship. It ends with a critical survey of reformism and Islamism from the late-19th century up to the present day. (shrink)

This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names 'democratic egalitarian multilateralism' is founded on: the idea of 'egalitarian law' by Suhrawardi, the account of (...) 'substantial motion' by Mulla Sadra, and the ideal of 'intercultural dialectical democracy' developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that 'democratic egalitarian multilateralism' could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. (shrink)

This book is an introduction to debates in philosophy within the medieval Islamic world. It discusses a number of themes which were controversial within the philosophical community of that period: the creation of the world out of nothing, immortality, resurrection, the nature of ethics, and the relationship between natural and religious law. The author provides an account of the arguments of Farabi, Avicenna, Ghazali, Averroes and Maimonides on these and related topics. His argument takes into account the significance (...) of the conflict between faith and reason, religion and philosophy. The book sets out to show how interesting these philosophical debates are, and criticizes the view that these arguments are of no more than historical interest. (shrink)

Background Advocates for a regulated system to facilitate kidney donation between unrelated donor-recipient pairs argue that monetary compensation encourages people to donate vital organs that save the lives of patients with end-stage organ failure. Scholars support compensating donors as a form of reciprocity. This study aims to assess the compensation system for the unrelated kidney donation program in the Islamic Republic of Iran, with a particular focus on the implications of Islam on organ donation and organ sales. Methods This (...) study reviews secondary documents for philosophical argumentation and ethical analysis of human organ donation and sale for transplantation. Results and discussion According to Islamic law, organ donation is an act of _sadaqatul jariyah,_ and individuals are permitted to donate organs with the intention of saving lives. The commercialization of humans as organ sellers and buyers is contrary to the Islamic legal maxim _eethaar_, undermining donors of ‘selfless’ or ‘altruistic’ motivations. Such an act should be considered immoral, and the practice should not be introduced into other countries for the sake of protecting human dignity, integrity, solidarity, and respect. I, therefore, argue that Iran’s unrelated kidney donation program not only disregards the position of the Islamic religion with respect to the provision or receipt of monetary benefits for human kidneys for transplantation but that it also misinterprets the Islamic legal proscription of the sale of human organs. I also argue that the implementation of Iran’s unrelated kidney donor transplantation program is unethical and immoral in that potential donors and recipients engage in a bargaining process akin to that which sellers and buyers regularly face in regulated commodity exchange markets. Conversely, I suggest that a modest fixed monetary remuneration as a gift be provided to a donor as a reward for their altruistic organ donation, which is permissible by Islamic scholars. This may remove the need to bargain for increased or decreased values of payment in exchange for the organ, as well as the transactional nature of ‘buyer and seller’, ensuring the philosophy of ‘donor and recipient’ is maintained. Conclusions Offering a fixed modest monetary incentive to organ donors would serve to increase organ supply while protecting donors’ health and reducing human suffering without legalizing the human organ trade. (shrink)

Sunnah is considered the second of the main sources of Islam. The reports, which are considered the carrier of the sunnah, have been conveyed by narrators at different levels. The reasons for the difference between the conveying narration levels were handled mainly as a subject of research and discussion by theologians and Muʿtazila scholars as well. One of these subjects is the factors affecting the conveying of the narration and what is preventing it from being conveyed. Qāḍī Abd Al-Jābbār (d. (...) 415/1025) is one of the scholars who has a different account on this subject. He developed a philosophical perspective on the Islamic narrative case, acting in line with the rationalist sectarian approach. Accordingly, the frequency of conveying narration, whether the report is religious, its effect on the interlocutor, it's becoming ordinary. Therefore, ın this study, the factors which affect conveying of the khabar are emphasized in line with the opinions of Qāḍī Abd Al-Jābbār. In other words, the factors that ensure that a report is voiced and repeated by the members of the society and the reasons that prevent the transfer of a word are emphasized. Qāḍī Abd Al-Jābbār dealt with the factors affecting the conveying or repetition of khabar with the social, psychological and belief aspects of human and tried to exemplify. These factors have a two-way effect. Some of factors require the conveying of the khabar, while others are considered to prevent and weaken it. Although these factors are related to the psychological aspect of the person in terms of source, they differ from the process of action. The first of these factors that require the conveying of the khabar was named by Qāḍī Abd Al-Jābbār as الداعي. The second one is the factors that prevent the communication of the khabar, and it was named as الصوارف. The “dāʿi” for doing or not taking an action can be more than one and also different in strength. The action of the person towards the conveying of the khabar is directly proportional to the force of the “dāʿi”. Strong actions motivate the person to perform it more, whereas the weakest influence lead less people to perform the action. Therefore, two khabar with the same “dāʿi” should be conveyed at the same rate. Because the main factor is named “dāʿi” that provides their conveying has the same force. Accordingly, it is not correct whether one of the two khabar items that share the same situation and are in the same time period is not posted and the other is. In other words, the transfer of something is devāʿī / الدواعي and in accordance with the strength of the need within the framework of the custom / العادة law. The conveying of the khabar status depends on the tendency to post it or the issues that prevent it. Among these factors, the issues that enable the conveying of the khabar and motivate people in this regard are also expressed in terms of issues and elements that prevent people from conveying. These are closely related to the psychological situation of the person who conveyed the khabar, the ordinariness of the khabar, the need for the khabar, the distance to the time of the khabar, the religious quality of the khabar and whether there is a fear situation surrounding the conveying. According to this, if there is a “dāʿi / motive” and " devāī / motives" related to the khabar, it is conveyed but if there is any "sārif/ inhibitor" about it, it is not conveyed. The “dā’i / motive” and "sārif/ inhibitor" of the khabar do not have the same strength. Accordingly, to obtain neccecity in knowledge, the correctnes of khabar depends on the “dāʿi” in the khabar. Therefore, since the “dāʿi” owned by the “khabar from single persons / ahad khaber” are weaker than the “dāʿi” owned by the mutawatir khabar. Therefore, it cannot be expected to be transmitted at the same level. (shrink)

ABSTRACTA primary theme in Leo Strauss’s early work is how medieval Jewish and Islamic political philosophy, while influenced by Plato, differs from him in crucial ways. This theme is central to Strauss’s 1935 book Philosophy and Law. Philosophy and Law concerns the medieval ‘philosophic foundation of the law,’ which provides a rational justification of revelation. For Strauss, the foundation provides this justification by virtue of some difference it has from Plato. In this paper, I offer a (...) new interpretation of Strauss’s view of this difference. I suggest that, for Strauss, whereas Plato conceived of the legislator and his legislation, the foundation conceives of the sovereign and his sovereign laws. On this basis, I also suggest a solution to a perennial mystery of Philosophy and Law: Strauss claims that the medieval foundation reveals ‘ultra-modern thoughts,’ yet does not explicitly state the identity of these thoughts. I suggest that their author is Carl Schmitt. (shrink)

In recent years, Islamic feminism has become a prevalent and controversial topic among scholars from Muslim countries and Western feminists. While respecting the efforts of Muslim activists, this paper argues that because Islamic perspective is inherently anti-pluralist, it is not conducive to feminism and even at odds with it. Since it is impossible to make any generalizations about Muslim countries, this paper focuses on the debate of Islam and feminism as it relates to Iran. Islamic laws that (...) are the ground for constitutions in many Muslim countries treat men and women unequally. In countries with a theocracy, Islam becomes a political system where the power of the ruling elite, which are the clerics, becomes an important obstacle on the way of reforms. As a worldview, Islam provides a fixed identity of women and men that is irreconcilable with any liberating theory. The significance of this discussion lies in the potential of celebration of “Islamic feminism” for reinforcing the fusion of religion and politics in a country such as Iran, which has a religious state. (shrink)