إن السماحة خلق أصـيل في ديننا الحنيف، والتيسير أصل فيه بنصوص القرآن الكريم والسُّنة النبوية المطهَّرة؛ فالسماحة في الشـريعة الإسلامية منهج رباني، ومبدأ من المبادئ التي أكرم الحق سبحانه وتعالى بها عباده، وأمرهم أن يتعاملوا بها فيما بينهم. فالدين كله قائم على اليسـر، والفقه في الدين وفي الأحكام مبنيٌّ على التيسير، ولم يقُل أحد على الإطلاق إن الفقه هو التشدد، غير أننا ابتُلِينا في العقود الماضـية القريبة بأناس جنحوا نحو التطرف والتشدد؛ بحيث صاروا يُسوّقون أن من يحسن التشدد هو العالم (...) الرباني، وأن من يفهم الفقه حقَّ الفهم؛ فييسـر للناس أمور دينهم، هو المنافق الذي لا يُستمَع إليه؛ فهؤلاء هم أجهل الناس، وأبعد ما يكونون عن شـرع الله، عَزَّ وجَلَّ، وهم بذلك منفّرون من دين الله صادُّون عنه. فما قامت - وتقوم به - هذه الجماعات وعناصـرها الضالَّة يصادم صحيح الـشـرع الحنيف ووسطيَّته، ويتطلَّب التعاون في المواجهة الشاملة لتلك الجماعات المنحرفة وأفكارها المتطرفة الشاذة. ونؤكد أننا في حاجة ماسَّة إلى تحويل قيم السماحة والتيسـير إلى واقع ملموس في حياتنا على المستوى الفردي، والمستوى المجتمعي، والمستوى الوطني، والمستوى الإنساني؛ لنكون بحقّ دعاة لديننا بسلوكنا وأخلاقنا أكثر من تنظيرنا وأقوالنا؛ فلا قيمة لأي تنظير لا تطبيق له على أرض الواقع. (shrink)

Ṣadr al-Dīn Shīrāzī, Muḥammad ibn Ibrāhīm, -1641--Criticism and interpretation. ; Ṣadr al-Dīn Shīrāzī, Muḥammad ibn Ibrāhīm, -164 Asfār al-arbaʻah fī al-ḥikmah. ; Resurrection (Islam).

Islamic philosophy and Muslim philosophers of Iṣfahān, Iran.

Philosophy; social aspects; philosophy, Arab; 21st century.

Role of Islamic ethics in building the society.

The early period Ismaili jurist Al-Qādî al-Nu'mān appears as an important figure in the formation of Ismaili jurisprudence. There is very little information about Kadı Nu'mân's family, childhood, education and intellectual environment. His full name is Abû Hanîfah Nu'man b. Muhammad b. Mansûr al-Qādî at-Tamîmî Al Qayrawānî. He was born around 290/903 (late 3rd (9th) century) into an educated family in Qayravan in North Africa. There are different opinions about the sect he belonged to when he was growing up. On (...) the other hand, it is difficult to say for certain whether Nu’mān received education in the Ismaili sect due to the understanding of taqiyya in the madhhab. However, it is understood from the basic jurisprudence texts Nu’mān wrote that he most likely did not receive a Sunni education. Historians refer to him as 'Qadi Nu’mān or Abu Hanifah al-Shi'i' in order not to confuse him with the imam of the Hanafi school. Qādî Nu’mān served at different levels of the Fatimid State. Around 313/925, he entered the service of the first Fatimid caliph, Mahdi (r. 909-934 CE/297-322 AH), as a copyist and secretary. During the reigns of the third caliph Mansur and the fourth Fatimid caliph Mu’izz (d. 365/975), Qādî Nu’mān first served as a judge in Tripoli and then in Mansouriya, the Fatimid capital. After the Fatimids conquered Egypt and the center of government was moved to Cairo, Qādî Nu’mān was appointed by the fourth caliph Mu’izz as the head of the appellate courts (maẓālim). Qadi Numans career was at the peak in the period of Caliph Muiz. Qādî Nu’mān worked as a judge in the Fatimid State for about twenty-six years and continued this duty until his death in 363 (973). After the fall of the Fatimid caliphate, there haven’t been any other Fatimid or Ismaili jurists. Qādî Nu’mān is considered by contemporary Ismaili writers as a figure who systematically transformed Ismaili fiqh into an independent sect of fiqh. It can be said that Ismaili fiqh was developed through his works in the Fatimid period. His works continued as the main references in the fiqh studies and after the Fatimid period. With the death of Qādî Nu’mān, the period of ijtihad in Ismaili fiqh and its the establishment phase of Ismaili fiqh came to an end; The sect, in which esoteric interpretations were at the forefront, emerged as a distinctive school of fiqh by discarding ambiguity. Qādî Nu’mān was a very productive writer. He wrote important works related to the field of furu al-fiqh and usûl al-fiqh. Among his works, Ikhtilāf uṣūl al-madhāhib is undoubtedly one of the most important works in the early history of fiqh methodology. The work in question, which was originally written with the aim of rejecting the Sunni fiqh method, discusses the approaches of the Sunni schools of fiqh on ikhtilāf, taqlid, ijma, nazar, qiyas, istihsan, ijtihad and ra’y in a polemical manner. It reveals the differences of the Ismaili method from the Sunni method in terms of the sources on which the fiqh is based, the authority to make ijtihad and the theory of interpretation of the texts. Qādî Nu’mān examined the relationship between reason and revelation in general and the role of religious authority in comprehending and interpreting the texts while criticizing Sunni methods. Ikhtilāf uṣūl al-madhāhib has the characteristics of the works of development period as a form. It is possible to observe the question-answer and dialectic form which can be seen in the works of the development period throughout the work in question. Qādî Nu’mān endeavoured to persuade his opponents with a dialectical and argumentative style. Again, he replied to the Sunnis, who were his interlocutors, with their own proofs. In addition to these, Ikhtilāf uṣūl al-madhāhib has a unique feature in the matter of content. Because it is not very familiar to any Sunni handbook of usûl al-fiqh. It does not mention the hâss, âmm, ijma, qiyas, amir, nahy, alfaz bets, etc. The text is very similar to the Ahbari movement of the Jafari sect for it rejects all forms of ijtihad. It was written at a time when fiqh was not yet stable. Ikhtilāf uṣūl al-madhāhib gives us crucial information about the development of different usûl and fiqh sources in the middle of the fourth century. However, what is interesting here is that the information he gives about Ismaili method and fiqh is very little compared to the one about Sunni method and fiqh. Much of it centered on Sunni thought and its rejection. However, his ultimate goal was to defend the Ismaili doctrine. (shrink)

Al-Qadi al-Nu´man b. Muhammad es el más destacado y prolífico de los estudiosos fatimíes y el fundador de la jurisprudencia isma´ilí. En su epístola " La clarificación elocuente para la refutación de Ibn Qutayba", todavía en manuscrito, al-Nu,man se lanza a una polémica en contra de Ibn Qutayba, que había vivido un siglo antes. Es probable que la epístola fuera escrita en la época de al- Mu´izz a petición de un tutor anónimo de los hijos del califa. En ella, al-Nu´man (...) se propone refutar la afirmación de Ibn Qutaybba, incluida en la introducción de su famosa obra Adab al-Katib, según la cual era suficiente para la realización de sus tareas que los kuttab, o funcionarios del estado, memorizaran una serie de fórmulas legales simples, sin tener que aprenderse las largas disertaciones de los fuqaha' o doctores de la ley. Al-Qadi al-Nu´man, un faqih famoso, se dedica en la epístola a demostrar que sin estas disertaciones no se podía aplicar la ley correctamente. En su texto se refiere a cada fórmula legal mencionada por su rival en Adab al-Katib y demuestra cómo la ley se debería aplicar basándose en la autoridad de los imames del Ahl al-Bayt, la Familia del Profeta Muhammad. También refuta las distintas interpretaciones legales sunníes de estas mismas cuestiones. (shrink)

Civilization; Modernism; Arab countries; intellectual life.

The Epistle of the Eloquent Clarification concerning the Refutation of Ibn Qutayba by Al-Qāḍī al-Nuʿmān b. Muḥammad. Edited by Avraham Hakim. Islamic History and Civilization, vol. 90. Leiden: Brill, 2012. Pp. xi + 22 + 175. $129, €94.

Discussions about politics and human power, including discussions about the concept of the state, have been a discussion that has been going on since Greek times until the time of the growth of Islamic philosophy. The overemphasis on the power of reason led early modern Western societies to reject religion in all political discourse. At this stage, all views of man, power, the constitution, and the state eventually ceased to be associated with God. On the other hand, especially among Muslims, (...) religion is still connected with discussions of politics and human power. This paper will reveal how secularization in political thought grew and developed through principles such as the state of nature and the social contract. Then, based on the thought of one of the influential Muslim scholars, Syed Muhammad Naquib Al-Attas, the author tries to provide a critique of the views of Western thinkers such as Thomas Hobbes, John Locke, and other philosophers, by presenting the concept of the ideal state form derived from the concept of tamaddun formulated by Al-Attas. This research is literature review research using the descriptive method. The findings of this research show that secularization is a product purely born by Western secular thinkers and not taken from any religious teachings, so Western political concepts cannot always be applied, especially in Muslim societies. (shrink)

In the past decade, a few countries have created a third gender category to legally recognize gender-nonconforming individuals. However, we know relatively little about the response of the gender-nonconforming individuals toward the legal third gender category. To address this gap, this article analyzes the different social, religious, and institutional discourses that have emerged around the recently created third gender category in Pakistan and their influence on the legal consciousness of the Khawaja Sira community, a marginalized gender-nonconforming group. Even though the (...) third gender category was created to address the unique gender identity of the Khawaja Sira community, most continue to legally register as men. My research indicates that the patriarchal stigma, high compliance costs, and limited material benefits associated with the legal third gender category dissuade the Khawaja Sira community from choosing to register. My findings point to the limitations of a legal third gender category within a patriarchal sociolegal order where important benefits associated with the masculine identity are forfeited by registering. In doing so, I caution against over emphasizing the symbolic value of legal recognition for gender-nonconforming groups. (shrink)

Islamic finance has experienced considerable growth worldwide interms of deposits and assets of Islamic banks over the last 40 years, but showslittle signs of achieving maturity. Almost all Islamic finance products currentlyis use are mere replicas of their conventional counterparts. This study followsthe archival research strategy of Bryman, and analyses the literatureon Islamic finance theory and products and practices in order to ascertainthe reforms needed for the maturity goal. The paper proposes adoption ofa new law regarding money, different policy approaches, (...) new structures offinance for shifting to risk-based financing, new models, procedures and somefresh thought in order to relate banking and finance to the real economy. Itrecommends a leading role for Islamic economists for effective reforms in themonetary and credit system in order to ensure that all financing is based ongoods, services, stocks or securities representing real assets in line withthe Shariʽah principles. The suggested policy measures are expected to leadto social inclusion and harmony in the interests of all stakeholders in businessand finance transactions. (shrink)

The Sharī‘ah ‘Committee is a board which is independent in directing, reviewing and supervising an Islamic Financial Institution. It consists of those who are specialised in Fiqh Mu‛āmalāt or those who know it with expertise in other fields. In conjunction with IFIs emergence, the Accounting and Auditing Organization for Islamic Financial Institutions was established and has issued numerous standards on accounting, auditing and also governance for IFIs. The researchers intend to review the duties and decision-making guidelines of the Sharī‘ah Committee (...) prescribed by the AAOIFI in 2010. The review undergoes a thorough search and critical analysis of any related content about the topic throughout the whole standard. Some important results are: AAOIFI mentions directly the duties of the Sharī‘ah Committee along with the definition of this Sharī‘ah Committee. These duties are directing, reviewing and supervising. On the other hand, decision-making guidelines are indicated indirectly and they are scattered throughout the AAOIFI governance standards. (shrink)

Abstract Ab? Yazid al?Bist?mi (d. 874 AD) was a renowned early s?fi who exerted a tremendous influence upon the doctrinal formulation of the sufism of medieval times. A highly controversial figure, he is venerated by some as a top?ranking saint and s?fi, condemned by others as a notorious heretic, and there are still others who suspend judgement on him. More than 200 years after him al?Ghaz?li (1058?1111 AD) flourished as the greatest s?fi of all times; he examined and evaluated the (...) teachings of his s?fi predecessors including Ab? Yazid. To determine his evaluation of Ab? Yazid and his opinion on the related, well?known concept of man's union with God at the highest peak of spirituality is the main aim of this paper. To achieve this aim al?Ghaz?li's citations from Ab? Yazid's teachings on many basic doctrines of sufism, together with his explicit comments on them, are analysed in the second section of the paper, and he is found to have evaluated these teachings as of a very high grade and to have extolled Ab? Yazid as a s?fi of the highest rank. The third section studies al?Ghaz?li's opinion on the most important aspect of Ab? Yazid's teachings, i.e. his shatah?t or ecstatic utterances apparently expressive of union, fusion and divine indwelling. This began with a consideration of al?Ghaz?li's definition of two kinds of shath and his condemnation of them on the grounds of their harmful consequences. In connection with a study of his condemnation of the shatah?t of Ab? Yazid and al?Hall?j an investigation is made into his opinion on union and fusion. It is found that throughout his s?fi life he condemned them as false concepts. However Ab? Yazid's shatah?t, which apparently mean union, fusion, etc. are interpreted in an orthodox manner, and he is adjudged an elect of the elect, a gnostic who reached the level of reality of realities, a perfect s?fi who attained to God. All the above findings are based on al?Ghaz?li's explicit comments on Ab? Yazid. The fourth section of the paper deals with his implicit, indirect comments which also prove his appreciation of, and indebtedness to, Ab? Yazid in respect of several central concepts of sufism. (shrink)