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

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)

According to both contemporary intuitions and scholarly opinion, autonomy is something specifically modern. It is certainly taken to be incompatible with religions like Islam and Judaism, if these are invested with political power. Both religions are seen as centered on a divine Law (sharî'a, viz., torah) which prescribes what we may and may not do, promising reward for obedience and threatening punishment for disobedience. Not we, but God makes the rules. This picture is in important ways misleading. There is, I (...) argue, a substantive intellectual tradition, going back to Plato's Laws, which takes the purpose of a theocracy—a community governed by God through the intermediary of a divine Law—to be promoting rational autonomy, conceived as (1) the ability to rationally determine what is in one's best interest and (2) having the motivation to live accordingly.Among the most important representatives of this intellectual tradition are medieval Muslim and Jewish philosophers. (shrink)

I RELIGION AND POLITICS: THE LAW Islam, like Judaism and Christianity, believes in the divine origin of government. It follows, therefore, that political ...

The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in (...) developing the concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn, which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns. (shrink)

The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in (...) developing the concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn, which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns. (shrink)

Patricia Crone's _God's Rule_ is a fundamental reconstruction and analysis of Islamic political thought focusing on its intellectual development during the six centuries from the rise of Islam to the Mongol invasions. Based on a wide variety of primary sources--including some not previously considered from the point of view of political thought--this is the first book to examine the medieval Muslim answers to questions crucial to any Western understanding of Middle Eastern politics today, such as why states are (...) necessary, what functions they are meant to fulfill, and whether or why they must be based on religious law. The character of Muslim political thought differs fundamentally from its counterpart in the West. The Christian West started with the conviction that truth (both cognitive and moral) and political power belonged to separate spheres. Ultimately, both power and truth originated with God, but they had distinct historical trajectories and regulated different aspects of life. The Muslims started with the opposite conviction: truth and power appeared at the same time in history and regulated the same aspects of life. In medieval Europe, the disagreement over the relationship between religious authority and political power took the form of a protracted controversy regarding the roles of church and state. In the medieval Middle East, religious authority and political power were embedded in a single, divinely sanctioned Islamic community--a congregation and state made one. The disagreement, therefore, took the form of a protracted controversy over the nature and function of the leadership of Islam itself. Crone makes Islamic political thought accessible by relating it to the contexts in which it was formulated, analyzing it in terms familiar to today's reader, and, where possible, comparing it with medieval European and modern political thought. By examining the ideological point of departure for medieval Islamic political thought, Crone provides an invaluable foundation for a better understanding of contemporary Middle Eastern politics and current world events. (shrink)

In this paper I challenge the notion that medieval philosophy was characterized by strict adherence to authority. In particular, I argue that to the contrary, self-consciously critical reflection on authority was a widespread intellectual virtue in the Islamic world. The contrary vice, called ‘taqlīd’, was considered appropriate only for those outside the scholarly elite. I further suggest that this idea was originally developed in the context of Islamic law and was then passed on to authors who worked (...) within the philosophical tradition. (shrink)

Patricia Crone's _God's Rule_ is a fundamental reconstruction and analysis of Islamic political thought focusing on its intellectual development during the six centuries from the rise of Islam to the Mongol invasions. Based on a wide variety of primary sources -- including some not previously considered from the point of view of political thought -- this is the first book to examine the medieval Muslim answers to questions crucial to any Western understanding of Middle Eastern politics today, such (...) as why states are necessary, what functions they are meant to fulfill, and whether or why they must be based on religious law. The character of Muslim political thought differs fundamentally from its counterpart in the West. The Christian West started with the conviction that truth and political power belonged to separate spheres. Ultimately, both power and truth originated with God, but they had distinct historical trajectories and regulated different aspects of life. The Muslims started with the opposite conviction: truth and power appeared at the same time in history and regulated the same aspects of life. In medieval Europe, the disagreement over the relationship between religious authority and political power took the form of a protracted controversy regarding the roles of church and state. In the medieval Middle East, religious authority and political power were embedded in a single, divinely sanctioned Islamic community -- a congregation and state made one. The disagreement, therefore, took the form of a protracted controversy over the nature and function of the leadership of Islam itself. Crone makes Islamic political thought accessible by relating it to the contexts in which it was formulated, analyzing it in terms familiar to today's reader, and, where possible, comparing it with medieval European and modern political thought. By examining the ideological point of departure for medieval Islamic political thought, Crone provides an invaluable foundation for a better understanding of contemporary Middle Eastern politics and current world events. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam by Larry Benjamin MillerKhaled El-RouayhebLarry Benjamin Miller. Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam. Logic, Argumentation and Reasoning 21. Cham: Springer 2020. Pp. xviii + 143. Hardback, €77.99.Very few unpublished PhD dissertations have had a formative influence on a field. One of the precious few is Larry (...) Miller's Princeton dissertation from 1984 on Islamic disputation theory. It proposed an original and compelling account of the development of the discipline, from the earliest extant Arabic works in the tenth century to the composition of classic madrasa handbooks in the late thirteenth century. It has been cited regularly in the past decades and has served as the starting point for all later studies of Arabic/Islamic dialectics in European languages. The fact that it has finally been published is a fitting tribute to a study that is even more admirable for having been written when many of the primary sources were still only available as manuscripts.Part of the explanation for why the dissertation was not published sooner may be that its author did not pursue an academic career. And as he states in a short preface, he has not kept abreast of all relevant studies and editions that have appeared since his dissertation. A thorough revision and update has therefore not been possible. Though some minor corrections and revisions have been made, the book is still by and large the influential 1984 dissertation, now made available with a short introduction by Walter Young, one of the leading younger scholars in the field, along with helpful indices of proper names and subjects.Miller's narrative begins with Arabic works on disputation (jadal) by a number of theologians from the late ninth and tenth centuries, such as Ibn al-Rāwandī (d. 911), [End Page 518] al-Ash'arī (d. 935), and the Karaite Jewish scholar al-Qirqisānī (d. ca. 960). The basic assumption was that a questioner (sā'il) would ask a claimant (mu'allil) (i) what his view is; (ii) what the ground or reason ('illa) for that view is; (iii) the appropriateness of the ground/reason for the view; and (iv) to verify the ground/reason by showing it to be commensurate with the view. The ground/reason for the theological dialecticians was standardly an entity or property, not a premise. The reasoning tended to be informal and analogical, as opposed to explicitly making syllogistic deductions from quantified premises.Parallel to this theological tradition of jadal, there was an Arabic Aristotelian tradition that took its point of departure from Aristotle's Topics, translated into Arabic more than once in the period from the late eighth to the early tenth centuries. Though also often referred to as jadal, this tradition, represented by the writings of al-Farabi (d. 950), Avicenna (d. 1037), and Averroes (d. 1198), retained distinct features. It tended to deny any epistemic value to dialectics, instead seeing it as useful only insofar as it provided logical training. For the Aristotelian/Neoplatonic philosophers, the pursuit of truth was the preserve of demonstrative syllogism (burhān). Whereas the theological dialecticians envisaged a claimant (mu'allil) and a questioner (sā'il), with the burden of proof on the former, the philosophical tradition had a questioner (sā'il) seek, in the manner of Socratic elenchus, to elicit from a respondent (mujῑb) a series of answers that would allow the construction of a syllogism whose conclusion contradicted the respondent's initial position.From the time of al-Ghazali (d. 1111), Islamic theologians tended to take over the syllogistic ideal of reasoning from the philosophers, perhaps explaining why theological writings on jadal trail off after the eleventh century. The informal, analogical jadal tradition continued, however, in the writings of Islamic jurists. From the eleventh century, scholars such as Abū Isḥāq al-Shīrāzī (d. 1083) and al-Juwaynī (d. 1085) wrote works on jadal in which the examples are disputes about questions of Islamic law and the disputants are partisans of the various legal schools. This tradition of what Miller calls "juristic dialectics" (74, 95) later adopted some... (shrink)

There are barriers of perception between Sudanese Muslims for whom the sharia is a source of authority and identity and others who see it as an oppressive means of dominating Sudan's minority populations. I make a distinction between process and substance in law, and show that a flawed process has contributed to a perception of international law as an instrument of powerful states, which has obscured its legislative and procedural usefulness to the Sudan as a member of the United Nations. (...) Similarly a distortion of due process in Sudan's sharia has created a substance derived from the legacy of medieval Arabia rather than applied legal methodology. One consequence of this is that Sudan's Civil Wars have been given the attributes of offensive jihad against its diverse non-Muslim populations. I argue that offensive jihad was a legal construction designed to meet the challenges of medieval Arab society, with little basis in the fundamental sources of Islamic law or in contemporary legal methodology. I advocate a return to due process as a partial solution to the impasse between Muslim and non-Muslim identities in the Sudan, and show how international law can be improved by accommodating other legal traditions. (shrink)

Francesca Albertini's voluminous study, Die Konzeption des Messias bei Maimonides und die fruehmittelalterliche islamische Philosophie, wishes to put a fresh emphasis on the link between Maimonides' concept of the Messiah and his ideal of the leader as a political figure. For Maimonides, Albertini argues, the arrival of the Messiah will be realized only through human effort and appropriate behavior: it is man who bears responsibility for this event through his moral actions. The Messiah, on the other hand, as the leader (...) of the community, seeks to implement the new order in society through which Divine Law will be established and followed precisely. Hence, the Messiah's arrival is not an apocalyptic, eschatological .. (shrink)

In this volume, Ozgur Koca offers a comprehensive survey of Islamic accounts of causality and freedom from the medieval to the modern era, as well as contemporary relevance. His book is an invitation for Muslims and non-Muslims to explore a rich, but largely forgotten, aspect of Islamic intellectual history. Here, he examines how key Muslim thinkers, such as Ibn Sina, Ghazali, Ibn Rushd, Ibn Arabi, Suhrawardi, Jurjani, Mulla Sadra and Nursi, among others, conceptualized freedom in the created (...) order as an extension of their perception of causality. Based on this examination, Koca identifies and explores some of the major currents in the debate on causality and freedom. He also discusses the possible implications of Muslim perspectives on causality for contemporary debates over religion and science. (shrink)

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)

Decision-makers in governments, enterprises, businesses and agencies or individuals, typically, make decisions according to various regulations, guidelines and policies based on existing records stored in various databases, in particular, relational databases. To assist decision-makers, an expert system, encompasses interactive computer-based systems or subsystems to support the decision-making process. Typically, most expert systems are built on top of transaction systems, databases, and data models and restricted in decision-making to the analysis, processing and presenting data and information, and they do not provide (...) support for the normative layer. This paper will provide a solution to one specific problem that arises from this situation, namely the lack of tool/mechanism to demonstrate how an expert system is well-suited for supporting decision-making activities drawn from existing records and relevant legal requirements aligned existing records stored in various databases.We present a Rule-based reporting systems architecture, which is intended to integrate databases, in particular, relational databases, with a logic-based reasoner and rule engine to assist in decision-making or create reports according to legal norms. We argue that the resulting RuleRS provides an efficient and flexible solution to the problem at hand using defeasible inference. To this end, we have also conducted empirical evaluations of RuleRS performance. (shrink)

This study highlights various totalitarian and undemocratic practices in which Bangladesh’s current Awami League-led coalition regime engages. It shows that since its inception in early 2009, the regime has tried to mobilize and manipulate public support from within through—among other means—creating the discourse of “war crimes” and to obtain international support through the discourse of “Islamism” and terrorism. Although “a secular plan” to combat and replace “Islamism” may soothe the nerves of many in the international community, its deployment in Bangladesh (...) has paradoxically produced a dangerous culture of disappearances and extrajudicial killings, infringements on freedom of speech and the stifling of dissenting voices, and the interception of opposition programs and the torture of opposition leaders and activists. The regime has also made a mockery of the law and the country’s judicial system. Many commentators believe that the country’s law courts are now simply an extension of the regime’s political clout. In these circumstances, political repression continues unabated, and victims of persecution are left with inadequate legal recourse. In the name of combating “Islamic terrorism,” Bangladesh’s ruling regime has resorted to a reign of terror that is in many respects tantamount to what we know as fascism. (shrink)

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)

The endowment of religious, charitable, and educational enterprises by the establishment of trusts in land, the income from which could be devoted to such uses, was an immensely popular form of pious expression in both medieval Christendom and the Islamic world. The motives for, and applications of such endowments differed markedly, however, between the two religious cultures. The endowment of prayers and masses for beneficiaries, living and dead, exemplified the sacramental and sacerdotal quality of pre-Reformation Christianity. This ritualistic (...) and ecclesiastical use of endowments in Latin Christian Europe and the Orthodox East, a use dependent on the existence of a sacramental system and an institutional church, contrasted sharply with the broader application of the Muslim waqf, by means of which pious individuals and groups sponsored a wide variety of charities, explicitly life-oriented and quite unconnected with a corporate clerical establishment. The infinite multiplication of private acts of charity by devout Muslims manifested the moralistic bent of Islam, which aspired to recast society according to the norms of the Qur'an and sacred law. The contrasting uses to which the two religious systems put the gifts and legacies of the faithful reflected the operation of fundamentally different religious premises, whereas the institutionalization of these premises in a shared legal fiction, the trust, assured their enforcement in society and life. (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)

The increasing global demand for energy necessitates devoted attention to the formulation and exploration of mechanisms of thermal heat exchangers to explore and save heat energy. Thus, innovative thermal transport fluids require to boost thermal conductivity and heat flow features to upsurge convection heat rate, and nanofluids have been effectively employed as standard heat transfer fluids. With such intention, herein, we formulated and developed the constitutive flow laws by utilizing the Rossland diffusion approximation and Stephen’s law along with the MHD (...) effect. The mathematical formulation is based on boundary layer theory pioneered by Prandtl. Governing nonlinear partial differential flow equations are changed to ODEs via the implementation of the similarity variables. A well-known computational algorithm BVPh2 has been utilized for the solution of the nonlinear system of ODEs. The consequence of innumerable physical parameters on flow field, thermal distribution, and solutal field, such as magnetic field, Lewis number, velocity parameter, Prandtl number, drag force, Nusselt number, and Sherwood number, is plotted via graphs. Finally, numerical consequences are compared with the homotopic solution as a limiting case, and an exceptional agreement is found. (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)

This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience (...) of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies. (shrink)

How do we judge whether we should be willing to follow the views of experts or whether we ought to try to come to our own, independent views? This book seeks the answer in medieval philosophical thought. In this engaging study into the history of philosophy and epistemology, Peter Adamson provides an answer to a question as relevant today as it was in the medieval period: how and when should we turn to the authoritative expertise of other people (...) in forming our own beliefs? He challenges us to reconsider our approach to this question through a constructive recovery of the intellectual and cultural traditions of the Islamic world, the Byzantine Empire, and Latin Christendom. Adamson begins by foregrounding the distinction in Islamic philosophy between taqlid, or the uncritical acceptance of authority, and ijtihad, or judgment based on independent effort, the latter of which was particularly prized in Islamic law, theology, and philosophy during the medieval period. He then demonstrates how the Islamic tradition paves the way for the development of what he calls a "justified taqlid," according to which one develops the skills necessary to critically and selectively follow an authority based on their reliability. The book proceeds to reconfigure our understanding of the relation between authority and independent thought in the medieval world by illuminating how women found spaces to assert their own intellectual authority, how medieval writers evaluated the authoritative status of Plato and Aristotle, and how independent reasoning was deployed to defend one Abrahamic faith against the other. This clear and eloquently written book will interest scholars in and enthusiasts of medieval philosophy, Islamic studies, Byzantine studies, and the history of thought"-- Back cover. (shrink)

This article examines the, hitherto comparatively unexplored, reception of Greek embryology by medieval Muslim jurists. The article elaborates on the views attributed to Hippocrates (d. ca. 375 BC), which received attention from both Muslim physicians, such as Avicenna (d. 1037), and their Jewish peers living in the Muslim world including Ibn Jumayʽ (d. ca. 1198) and Moses Maimonides (d. 1204). The religio-ethical implications of these Graeco-Islamic-Jewish embryological views were fathomed out by the two medieval Muslim jurists Shihāb (...) al-Dīn al-Qarāfī (d. 1285) and Ibn al-Qayyim (d. 1350). By putting these medieval religio-ethical discussions into the limelight, the article aims to argue for a two-pronged thesis. Firstly, pre-modern medical ethics did exist in the Islamic tradition and available evidence shows that this field had a multidisciplinary character where the Islamic scriptures and the Graeco-Islamic-Jewish medical legacy were highly intertwined. This information problematizes the postulate claiming that medieval Muslim jurists were hostile to the so-called ‘ancient sciences’. Secondly, these medieval religio-ethical discussions remain playing a significant role in shaping the nascent field of contemporary Islamic bioethics. However, examining the exact character and scope of this role still requires further academic ventures. (shrink)

BackgroundThe pharmaceutical market in Bangladesh is highly concentrated. Due to high competition aggressive marketing strategies are adopted for greater market share, which sometimes cross limit. There is lack of data on this aspect in Bangladesh. This exploratory study aimed to fill this gap by investigating current promotional practices of the pharmaceutical companies including the role of their medical representatives.MethodsThis qualitative study was conducted as part of a larger study to explore the status of governance in health sector in 2009. Data (...) were collected from Dhaka, Chittagong and Bogra districts through in-depth interview, observation, and round table discussion.ResultsFindings reveal a highly structured system geared to generate prescriptions and ensure market share instituted by the pharmaceuticals. A comprehensive training curriculum for the MRs prepares the newly recruited science graduates for generating enough prescriptions by catering to the identified needs and demands of the physicians expressed or otherwise, and thus grab higher market-share for the companies they represent. Approaches such as inducements, persuasion, emotional blackmail, serving family members, etc. are used. The type, quantity and quality of inducements offered to the physicians depend upon his/her capacity to produce prescriptions. The popular physicians are cultivated meticulously by the MRs to establish brand loyalty and fulfill individual and company targets. The physicians, willingly or unwillingly, become part of the system with few exceptions. Neither the regulatory authority nor the professional or consumer rights bodies has any role to control or ractify the process.ConclusionsThe aggressive marketing of the pharmaceutical companies compel their MRs, programmed to maximize market share, to adopt unethical means if and when necessary. When medicines are prescribed and dispensed more for financial interests than for needs of the patients, it reflects system’s failed ability to hold individuals and entities accountable for adhering to basic professional ethics, code of conduct, and statutory laws. (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)

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)

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)

Reason and revelation in the Middle Ages -- What is decisive about Averroes's decisive treatise? -- Is revelation really necessary? Revelation and the intellect in Averroes and Al-Ghazali -- Law, covenant, and intellect in Moses Maimonides's guide of the perplexed -- Natura as Creatura: Aquinas on nature as implicit revelation -- Why does the unity of the intellect become such a burning issue in medieval thought? Aquinas on human knowing as incarnate knowing -- Aquinas on revelation as incarnate divine (...) intellect -- The rationality of revelation in three traditions. (shrink)

Ethics was a central preoccupation of medieval philosophers, and medieval ethical thought is rich, diverse, and inventive. Yet standard histories of ethics often skip quickly over the medievals, and histories of medieval philosophy often fail to do justice to the centrality of ethical concerns in medieval thought. This volume presents the full range of medieval ethics in Christian, Islamic, and Jewish philosophy in a way that is accessible to a non-specialist and reveals the liveliness (...) and sophistication of medieval ethical thought. In Part I there is a series of historical chapters presenting developmental and contextual accounts of Christian, Islamic, and Jewish ethics. Part II offers topical chapters on such central themes as happiness, virtue, law, and freedom, as well as on less-studied aspects of medieval ethics such as economic ethics, the ethical dimensions of mysticism, and sin and grace. This will be an important volume for students of ethics and medieval philosophy. (shrink)

How has the Ismaili branch of Shi'i Islam interacted with other Islamic communities throughout history? The groups and movements that make up Islamic civilisation are diverse and varied yet, while scholarship has analysed many branches of Islam in isolation, the exchanges and mutual influences between them has not been sufficiently recognised. This book traces the interactions between Ismaili intellectual thought and the philosophies of other Islamic groups to shed light on the complex and interwoven nature of (...) class='Hi'>Islamic civilisation.Based on a broad range of primary sources from the early medieval to the late nineteenth century, the book brings together different disciplines within Islamic Studies to cover polemical and doctrinal literature, law, mysticism, rituals and philosophy. The main Ismaili groups, such as the Fatimids, Nizaris and Tayyibis, are represented, as well as lesser known traditions such as that associated with the mountain region of Badakhshan in Central Asia. Religious syncretism, particularly in the Indian subcontinent and in Yemen, is considered alongside cultural interactions as reflected in the circulation of books in Fatimid markets, and various literary and mythical traditions, some still little explored. (shrink)

From the ninth to the fifteenth centuries Jewish thinkers living in Islamic and Christian lands philosophized about Judaism. Influenced first by Islamic theological speculation and the great philosophers of classical antiquity, and then in the late medieval period by Christian Scholasticism, Jewish philosophers and scientists reflected on the nature of language about God, the scope and limits of human understanding, the eternity or createdness of the world, prophecy and divine providence, the possibility of human freedom, and the (...) relationship between divine and human law. Though many viewed philosophy as a dangerous threat, others incorporated it into their understanding of what it is to be a Jew. This Companion presents all the major Jewish thinkers of the period, the philosophical and non-philosophical contexts of their thought, and the interactions between Jewish and non-Jewish philosophers. It is a comprehensive introduction to a vital period of Jewish intellectual history. (shrink)

Interiority and Law presents a groundbreaking reassessment of a medieval Jewish classic, Baḥya ibn Paquda's Guide to the Duties of the Hearts. Michaelis reads this work anew as a revolutionary intervention in Jewish law, or halakha. Overturning perceptions of Baḥya as the shaper of an ethical-religious form of life that exceeds halakha, Michaelis offers a pioneering historical and conceptual analysis of the category of "inner commandments" developed by Baḥya. Interiority and Law reveals that Baḥya's main effort revolved around establishing (...) a new legal formation - namely, the "duties of the hearts" - which would deal entirely with human interiority. Michaelis takes up the implications of Baḥya's radical innovation, examining his unique mystical model of proximity to God, which he based on an increasingly growing fulfillment of the inner commandments. With an integrative approach that puts Baḥya in dialogue with other medieval Muslim and Jewish religious thinkers, this work offers a fresh perspective on our understanding of the interconnectedness of the dynamic, neighboring religious traditions of Judaism and Islam. Contributing to conversations in the history of religion, Jewish studies, and medieval studies on interiority and mysticism, this book reveals Baḥya as a revolutionary and demanding thinker of Jewish law. (shrink)

: A rich array of twelfth to fifteenth century Arabic texts captures the advent of a supererogatory prayer known as ṣalāt al-raghā’ib, on the eve of the first Friday of the month of Rajab in late eleventh-century Jerusalem, and its wide dissemination. This corpus offers an unusually vivid picture of the formation and the transformation of a medieval bid’a, or, of an ‘invention of tradition’. Combining our expertise in Islamic law and in Ayyūbid and Mamluk era history, we (...) use this corpus for an in-depth study of popular piety, power politics, scholarly polemics and legal discourse. Twenty eight translated excerpts of various texts are presented in this paper, preceded by a detailed introduction. Exploring legal reasoning in its concrete political and social context provides a nuanced understanding of the development, mass proliferation and ensuing debate over a highly controversial and extraordinary potent religious practice. (shrink)

A much-maligned feature of ancient and medieval political thought is its tendency to appeal to nature to establish norms for human communities. From Aristotle's claim that humans are "political animals" to Aquinas' invocation of "natural law," it may seem that pre-modern philosophers were all too ready to assume that whatever is natural is good, and that just political arrangements must somehow be natural. The papers in this collection show that this assumption is, at best, too crude. From very early, (...) for instance in the ancient sophists' contrast between nomos and physis, there was recognition that political arrangements may be precisely artificial, not natural, and it may be questioned whether even such supposed naturalists as Aristotle in fact adopt the quick inference from "natural" to "good." The papers in this volume trace the complex interrelations between nature and such concepts as law, legitimacy, and justice, covering a wide historical range stretching from Plato and the Sophists to Aristotle, Hellenistic philosophy, Cicero, the Neoplatonists Plotinus and Porphyry, ancient Christian thinkers, and philosophers of both the Islamic and Christian Middle Ages. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.4 (2002) 619-637 [Access article in PDF] Maimonides and the Rise and Fall of the Sabians:Explaining Mosaic Laws and the Limits of Scholarship Jonathan Elukin The Koran mentions the Sabi'un three times (II 6-2, V 69, XXII 17). "Believers, Jews, Christians, and Sabi'un—whoever believes in Allah and the Last Day and does what is right—shall be rewarded by their Lord; they have nothing (...) to fear or to regret." This language is repeated in the second citation. The third appearance is slightly different: "As for true believers, the Jews, the Sabi'un, the Christians, the Magians, and the pagans, Allah will judge them on the Day of Resurrection. He bears witness to all things." 1 Early Islamic commentators often disagreed on the identity of the Sabi'un, and the confusion continued throughout the medieval Islamic period. 2 The term Sabi'un was applied by some early Koranic commentators to the survivors of an ancient Jewish-Christian sect, the Elchasites in southern Iraq. 3 One minority group of ethnic Arab "pagans" with a hellenized elite in Harran, in Arabia, also took the Koranic name Sabian in the third/ninth century to claim the status of a "people of the book" and therefore avoid persecution. It is this group that some later Muslims identified as Sabi'. 4 The scholarly consensus now suggests that [End Page 619] the term Sabian refers to some kind of Gnostic identity that can encompass "the disciples of Judeo-Christian baptizing sects... and, on the other, Harranian astrolators, the last representatives of decadent Greco-Roman paganism." 5The mysterious Sabians would play a key role in attempts by early modern European scholars to understand the origins of the Mosaic legislation. It was through Maimonides, the great twelfth-century Jewish scholar, that the Sabians were transmitted to Christian scholars. By the seventeenth century, the Sabians of Maimonides's Guide for the Perplexed had become a fixture in how scholars understood or at least debated the history of the origins of Mosaic law. Increasingly perceived as a diffuse paganism rather than a specific ethnic identity or subsumed by the more tangible reality of Egypt, Sabianism drifted to the margins of scholarship by the end of the Enlightenment. During the nineteenth century the Sabians became superfluous to scholarly efforts to understand the origins of Israelite monotheism. This study is an attempt to understand the growth of the enthusiasm for the Sabians by early modern scholars and then its precipitous decline. In a large degree it was the nature of the evidence itself regarding the Sabians that shaped and ultimately undermined the survival of the Sabians in European thinking. Still, both Christian and Jewish scholars well into the twentieth century lived with the ghosts of the Sabians as they sought to explain otherwise mysterious Mosaic commandments.In the Guide Maimonides argued that the sacrificial system legislated by Moses was an example of God's mercy. It would have been impossible for the Israelites to abandon suddenly the style of idolatrous worship learned in Egypt, and so Moses crafted the sacrificial system gradually to replace false gods with the true God. Maimonides still needed to explain the particular details and reasons for the sacrifices and the other ritual laws. 6 To that end he claimed to have read various texts, particularly the so-called Nabataen Agriculture, which purported to describe Abraham's education among and flight from the Sabians as well as a summary of the practices of the Sabians. 7 (The Sabians had made one brief appearance before Maimonides's discussion in the Guide; the tenth-century Karaite Jew, Qirqisani, declared in his Kitab al anwar, "the modern Christian philosophers assert that the laws of the Torah were given to the Children of Israel only because of God's wrath; and that they [Israel] have chosen these laws for themselves only on account of their resemblance to the laws of the Sabians, which was due to the fact that they became... (shrink)

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

This volume examines how the notion of law was transformed and reformulated during the Middle Ages. It focuses on encounters between ancient and local legal traditions and the three great revelation religions Judaism, Christianity, and Islam each of which understood the written word of God as law and formulated new cultures. The work thus furnishes interdisciplinary and intercultural insight into medieval legal discourse.".

The encounter of the medieval Muslims with Greek philosophy undeniably shaped the course of their philosophical and theological thought. This encounter led to the complex and contentious issue of ‘philosophy versus theology’. Medieval Muslim thinkers needed to develop a response to the issue of philosophy versus theology. The present article will first highlight the response of the Islamic theologians to their encounter with Greek philosophy in the form of three major trends in medieval Islamic theology: (...) (1) strong opposition to the application of reason and rationalist approach to Islamic doctrines, and strict adherence to the actual text of the Qur’an and the Hadith, (2) the adoption of Greek philosophy, and the application of reason and rationalist approach to explain and defend Islamic religion and (3) acknowledging the significance of reason in exploring the matters related to the natural world but, at the same time, stressing the subordination of reason to revelation. This article will discuss Atharism, Muʿtazilism and Ashʿarism as the representatives of the first, second and third trends, respectively. The response of the medieval Islamic theologians to the issue of philosophy versus theology serves as a context in which medieval Muslim philosophers carried out their philosophy–theology debate. The article will proceed to show that some medieval Muslim philosophers, such as Abu Bakr Al-Razi, subordinated religion or revelation to philosophy or reason. Other medieval Muslim philosophers, such as Al-Ghazali, subordinated philosophy to theology. The third group of medieval Islamic philosophers represented by Alfarabi argued for the reconciliation and harmonious co-existence of philosophy and religion. Contribution: This article highlights the response of medieval Islamic theologians and philosophers to the issue of philosophy versus theology that was caused by their encounter with Greek philosophy. (shrink)

The Medieval Islamic Hospital: Medicine, Religion, and Charity. By Ahmed Ragab. New York: Cambridge University Press, 2015. Pp. xviii + 263. $99.99, £64.99, $80.

The purpose of the paper is to examine free trade in Islamic law.

Philosophy in the Islamic world emerged in the ninth century and continued to flourish into the fourteenth century. It was strongly influenced by Greek thought, but Islamic philosophers also developed an original philosophical culture of their own, which had a considerable impact on the subsequent course of Western philosophy. This volume offers new translations of philosophical writings by Farabi, Ibn Sina, Ghazali, Ibn Tufayl, and Ibn Rushd. All of the texts presented here were very influential and invite comparison (...) with later works in the Western tradition. They focus on metaphysics and epistemology but also contribute to broader debates concerning the conception of God, the nature of religion, the place of humanity in the universe, and the limits of human reason. A historical and philosophical introduction sets the writings in context and traces their preoccupations and their achievement. (shrink)

The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested (...) that Ash‘arism may be taken as providing an Islamic version of Legal Positivism, and that the objections which Mu‘tazilism raised in the face of Ash‘arism were not different in substance from some of the objections that have been directed at contemporary Legal Positivism. It will also be suggested that the Ash‘arites and the Mu‘tazilites were not opposed to each other in the way they are commonly supposed to have been. Rather, they were preoccupied with different notions of what it is to be obliged (to have an obligation) to do something. (shrink)

This paper discusses the thought of the medieval Maghrebin thinker Ibn Khaldun through the prism of the philosophy and sociology of law and politics. I will first try to illustrate how, even if Ibn Khaldun wrote in the fourteenth century, he anticipated many core concepts that are characteristic of modern Western sociological and philosophical thought. The argument is thus made that his thought can, and indeed must, be rescued from the wide neglect that, outside the specialized field of Khaldunian (...) studies, it has so far suffered in our treatment and teaching of the history of politico-legal sociological thought. I will then claim that the scheme he devised to explain the rise and fall of civilizations can also, with due care, be used to frame and understand the political and cultural landscape in which the West and the Islamic world are presently engaged in a difficult dialogue. The discussion is in this sense offered in the hope of making a contribution to the current politico-legal philosophical and sociological debate on multiculturalism, and on the limits of its scope. (shrink)

Taneli Kukkonen - Medieval Islamic Philosophical Writings - Journal of the History of Philosophy 44:3 Journal of the History of Philosophy 44.3 471-472 Medieval Islamic Philosophical Writings. Edited and translated by Muhammad Ali Khalidi. Cambridge: Cambridge University Press, 2005. Pp. xlviii + 186. Cloth, $65.00. With late ancient philosophy and Latin scholasticism entering the mainstream of teaching the history of Western philosophy, it is natural that attention should turn next to the Arabic falsafah of the classical (...) period, bridging as it does the two traditions. Designated courses on Arabic or Islamic philosophy have begun to appear in the curricula of forward-thinking philosophy departments. This most welcome development has so far been hampered by the lack of affordable anthologies: the publication of Muhammad Ali Khalidi's collection therefore marks a watershed moment, and the translator and the publisher.. (shrink)