One of the epistemological results emerging from this initial study, is that the different forms of co-relational inference, known in the Islamic jurisprudence as qiyās represent an innovative and sophisticated form of reasoning that not only provide new epistemological insights of legal reasoning in general but they also furnish a fine-grained pattern for parallel reasoning that can be deployed in a wide range of problem-solving contexts and that does not seem to reduce to the standard forms of analogical (...) argumentation studied in contemporary philosophy of science. More specifically the main claim is that a dialectical framework provides the right instrument to stress two of the most salient features of this form of inference: (1) it's heuristic nature and (2) the dynamics underlying the meaning-explanation of the terms involved. Both display what we take to be the main epistemological idea behind the qiyās, namely: the open texture of the meaning of normative statements. To put it more generally, the notion of co-relational inference suggests that every form of parallel reasoning based on meaning presupposes that the concept of meaning involved is open to contextual changes. Moreover the latter indicates that the whole process deployed is intrinsically dialectic. (shrink)

This monograph proposes a new way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of (...) analogical reasoning studied in contemporary philosophy of science and argumentation theory. After an overview of the emergence of qiyās and of the work of al-Shīrāzī penned by Soufi Youcef, the authors discuss al-Shīrāzī’s classification of correlational inferences of the occasioning factor. The second part of the volume deliberates on the system of correlational inferences by indication and resemblance. The third part develops the main theoretical background of the authors’ work, namely, the dialogical approach to Martin-Löf's Constructive Type Theory. The authors present this in a general form and independently of adaptations deployed in parts I and II. Part III also includes an appendix on the relevant notions of Constructive Type Theory, which has been extracted from an overview written by Ansten Klev. The book concludes with some brief remarks on contemporary approaches to analogy in Common and Civil Law and also to parallel reasoning in general. (shrink)

In this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ashʿarī-Muʿtazilī debates on the nature and implications of divine speech, Farahat argues that the Ashʿarī attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and (...) theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat's volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics. (shrink)

Mohammed Arkoun is one of the Muslim world's foremost thinkers. His efforts to liberate Islamic history from dogmatic constructs have led him to a radical review of traditional history. Drawing on a combination of pertinent disciplines ? history, sociology, psychology and anthropology ? his approach subjects every system of belief and non-belief, every tradition of exegesis, theology and jurisprudence to a critique aimed at liberating reason from the grip of dogmatic postulates. By treating Islam as a religion as (...) well as a time-honoured tradition of thought, Arkoun's work aims at overcoming the limitations of descriptive, narrative and chronological modes in history by recommending that the entire development of Islamic thought ? from Quranic to present-day fundamentalist discourses ? be subjected to a critical analysis guided by these categories. The expected outcome of such a strategy is an emancipated political reason working hand in hand with a truly creative imagination for a radical re-construction of mind and society in the contemporary Muslim world. (shrink)

Technological advances in the field of medicine and health sciences not only manipulate the normal human body and sex but also provide for surgical and hormonal management of hermaphroditism. Consequently, sex assignment surgery has not only become a standard care for babies born with genital abnormalities in the West but even in some Muslim states. On the positive side, it goes a long way in saving children born with abnormal genitalia from numerous legal interdictions of the pre-sex corrective surgery. Nevertheless, (...) the larger ethical and legal questions that medical management of genital abnormality raises to some extent have not been adequately appreciated by contemporary Muslim responses. This article, therefore, in principle argues against surgical management of intersexuality during early infancy from the Islamic legal perspective. (shrink)

This book discusses Asian medicine, which puts enormous emphasis on prevention and preservation of health, and examines how, in recent decades, medical schools in Asia have been increasingly shifting toward a curative approach. It offers an ethnographic investigation of the scenarios in China and India and finds that modern students and graduates in these countries perceive Asian medicine to be as important as Western medicine. There is a growing tendency to integrate Asian medicine with Western medical thought in the academic (...) curriculum that has led to a gradual decline of Asian medical thought and practices. At the same time, there has been a massive rise in patent drugs, health products and cosmetics being sold under the brand names of Asian medicine or herbal medicine. Most of these drugs and health products do not follow the classical formulas found in the Asian medical texts. The book analyses these texts and concludes that contemporary Asian medicine rarely follows the classical texts, and in fact uses Asian medicine brands to sell Western health products and practices. With a particular focus on the formal and professional sector of Chinese herbal medicine and Indian ayurvedic medicine in urban areas, this book appeals to a broad readership, including undergraduate students and academics as well as non-experts. Md. Nazrul Islam is an Associate Professor in the General Education Office, United International College, Beijing Normal University-Hong Kong Baptist University. He was a Visiting Associate Professor in the School of Population and Public Health, University of British Columbia (2015-16) during which time he completed this book manuscript. (shrink)

This paper argues that contemporary medicalization is one of the reasons why death and dying should be considered as ethical issues. First, two distinct features regarding death and dying can be analysed by comparing ‘tamed death’ and ‘death untamed’. The distinction between death in Ars Moriendi and death as deprivationism has been compared before deducing a conclusion that biomedical ethics is an indispensable tool today to deal with the morality of death and dying. This issue is significant to articulate (...) the relationship between the ethics of death and dying and the historical and cultural understanding of death and dying. (shrink)

This paper analyzes the reception of decolonial and neo-Marxist thought in a jihadist critique of the modern state. The author argues that a study of Abū Qatāda al-Filisṭīnī, a prominent theorist of modern Jihadism and Salafism, reveals his nuanced interaction with theories of hegemony, ideology, and decolonization. An examination of Abū Qatāda’s critique of modern state institutions and ideology shows that he engages with philosophical critiques of sovereignty, hegemony, capitalism, and the nation-state and utilizes both neo-Marxist and decolonial thought. This (...) paper explores how Abū Qatāda theorizes the modern state as a colonial project, leading him to rationalize jihad, or violent resistance, as the only solution to realize paradigmatic change. It further shows how Abū Qatāda justifies opposition to the modern state and hegemony with seamless deployment of scripture and Islamic jurisprudence and insists that his political project builds on premodern Islamic theories of knowledge and government necessary for decolonization, albeit often without offering details. This study reveals a feature of jihadist thought that has remained largely unnoticed in the literature and is the first to explore the interactions between Salafism and critiques of the modern state. (shrink)

As the post-COVID world order necessitates a radical overhaul of the ways in which we understand the very notions of “health”, “care” and “security”, one must revisit Michel Foucault and his works in these shifting times to rethink biopolitics as a category viz-a-viz contemporary globalectics. Keeping that in mind, while reviewing two very interesting books by and on Foucault – South Asian Governmentalities: Michel Foucault and the Question of Postcolonial Orderings and Archives of Infamy: Foucault on State Power in (...) the Lives of Ordinary Citizens – the article attempts to highlight certain core Foucauldian concerns in different domains of human existence that the... (shrink)

Abstract. Environmental ethicists ask several questions about global climate change; especially on the moral justification of the problem of non-compliance; i.e., why agents do not comply with their climatic responsibilities. It is evident that some developed countries have been perpetuating the climate change crisis by not following their climatic responsibilities (i.e., mitigation, adaptation, and compensation) or even more surprisingly a few of those states have been denying the climate change facts. This paper focuses on comparing two forward-looking approaches to climate (...) justice; namely, the Ability to Pay Principle (APP) and the Power/Responsibility Principle (PRP) and seeks an answer whether any of these principles enable a response to the problem of non-compliance. Scrutinizing a few analogical examples and analysing contemporary debates on this issue, this paper then shows the APP does not enable a response to the problem of non-compliance whereas one possible distribution of duties according to the PRP does so and concludes that the relevant agents’ willingness to comply with climatic responsibilities seems to be the key factor to avoid harm in the context of climate change crisis. (shrink)

Drawing on the narratives of young lower-middle-class women employed in cafés, call centers, shopping malls, and offices in Delhi, India, in this paper I identify malleability or “plasticity” of the body as an important feature of contemporary service work. As neophyte service professionals, young women mold themselves to the middle-/upper-class milieu of their workplaces through clothes, makeup, and body language. Such body plasticity can be experienced as enabling: Identifying with the image of the “New Indian Woman,” young women enter (...) the bourgeoning service economy. However, they also experience this body plasticity as threatening; bodily changes to meet the requirements of work can, at times, feel inauthentic as well as be read as promiscuous by others. I draw attention to how women appraise plastic bodies as both generative of change and a site of labor discipline, thus offering insights into the relationship among bodies, social inequalities, and contemporary service work. (shrink)

This article examines the ethical framing of employment in contemporary human resource management (HRM). Using Axel Honneth's theory of recognition and classical critical notions of reification, I contrast recognition and reifying stances on labor. The recognition approach embeds work in its emotive and social particularity, positively affirming the basic dignity of social actors. Reifying views, by contrast, exhibit a forgetfulness of recognition, removing action from its existential and social moorings, and imagining workers as bundles of discrete resources or capacities. (...) After discussing why reification is a problem, I stress that recognition and reification embody different ethical standpoints with regards to organizational practices. Thus, I argue paradoxically that many current HRM best practices can be maintained while cultivating an attitude of recognition. If reification is a type of forgetting, cultivating a recognition attitude involves processes of "remembering" to foster work relations that reinforce employee dignity. (shrink)

Nowadays, there is a quite considerable amount of literature on the use of analogy or more generally of inferences by parallel reasoning in contemporary legal reasoning, and particularly so within Common Law. These studies are often motivated by researches in artificial intelligence seeking to develop suitable software-support for legal reasoning. Recently; Rahman/Iqbal/Soufi (2020) developed a dialogical approach in the framework of Constructive Type Theory to what in Islamic Jurisprudence was called qiyās or correlational inferences. In their last (...) chapter the authors suggested that such an approach contributes to the study of patterns of reasoning by precedent cases within contemporary common Law. In the present paper we will further motivate the deployment within Civil and Common Law of the dialogical framework developed in Rahman/Iqbal/Soufi (2020). After a presentation of Scott Brewer's take on analogy within Common Law, that has striking structural similarities to reasoning by precedent case rooted in ratio legis (known in Islamic Jurisprudence as qiyās al-'illa or correlational inference by the occasioning factor), we will illustrate the implementation of the framework with a brief discussion of some cases of legal reasoning based in Spanish Civil Law but where the accent is put in the emerging ruling rather than in the existing of a case as in Common Law. Moreover; quite surprisingly, the case under study suggests that even cases of Law-interpretation fit the argumentation pattern of qiyās al-'illa. A caveat: in the present paper we will focus mainly in discussing the dynamics of the meaning constitution involved rather than in setting the rules of the underlying dialogical framework, the latter is the subject of a follow-up paper. (shrink)

Nowadays, there is a quite considerable amount of literature on the use of analogy or more generally of inferences by parallel reasoning in contemporary legal reasoning and particularly so within Common Law. These studies are often motivated by research in artificial intelligence seeking to develop suitable software-support for legal reasoning. Recently, Rahman et al. developed a dialogical approach in the framework of Constructive Type Theory to what in Islamic Jurisprudence was called qiyās or correlational inferences. In their (...) last chapter the authors suggested that such an approach contributes to the study of patterns of reasoning by precedent cases within contemporary Common Law. In the present paper we will further motivate the deployment of the dialogical framework developed in Rahman et al. within Civil and Common Law. After a presentation of Scott Brewer’s take on analogy within Common Law, that has striking structural similarities to reasoning by precedent case rooted in ratio legis, we will illustrate the implementation of the framework with a brief discussion of some cases of legal reasoning based on Spanish Civil Law but where the accent is put in the emerging ruling rather than in the existing of a case in Common Law. Moreover, quite surprisingly, the case under study suggests that even cases of Law interpretation fit the argumentation pattern of qiyās al-‘illa. A caveat: in the present paper we will focus mainly in discussing the dynamics of the meaning constitution involved rather than in setting the rules of the underlying dialogical framework, the latter is the subject of a follow-up paper. (shrink)

Jihad, with its many terrifying associations, is a term widely used today, though its meaning is poorly grasped. Few people understand the circumstances requiring a jihad, or "holy" war, or how Islamic militants justify their violent actions within the framework of the religious tradition of Islam. How Islam, with more than one billion followers, interprets jihad and establishes its precepts has become a critical issue for both the Muslim and the non-Muslim world. John Kelsay's timely and important work focuses (...) on jihad of the sword in Islamic thought, history, and culture. Making use of original sources, Kelsay delves into the tradition of shari'a--Islamic jurisprudence and reasoning--and shows how it defines jihad as the Islamic analogue of the Western "just" war. He traces the arguments of thinkers over the centuries who have debated the legitimacy of war through appeals to shari'a reasoning. He brings us up to the present and demonstrates how contemporary Muslims across the political spectrum continue this quest for a realistic ethics of war within the Islamic tradition. Arguing the Just War in Islam provides a systematic account of how Islam's central texts interpret jihad, guiding us through the historical precedents and Qur'anic sources upon which today's claims to doctrinal truth and legitimate authority are made. In illuminating the broad spectrum of Islam's moral considerations of the just war, Kelsay helps Muslims and non-Muslims alike make sense of the possibilities for future war and peace. (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)

In this work, Muhsin Mahdi--widely regarded as the preeminent scholar of Islamic political thought--distills more than four decades of research to offer an authoritative analysis of the work of Alfarabi, the founder of Islamic political philosophy. Mahdi, who also brought to light writings of Alfarabi that had long been presumed lost or were not even known, presents this great thinker as his contemporaries would have seen him: as a philosopher who sought to lay the foundations for a new (...) understanding of revealed religion and its relation to the tradition of political philosophy. Beginning with a survey of Islamic philosophy and a discussion of its historical background, Mahdi considers the interrelated spheres of philosophy, political thought, theology, and jurisprudence of the time. He then turns to Alfarabi's concept of "the virtuous city," and concludes with an in-depth analysis of the trilogy, Philosophy of Plato and Aristotle. This philosophical engagement with the writings of and about Alfarabi will be essential reading for anyone interested in medieval political philosophy. (shrink)

In the last decade a body of literature has been written on the phenomenon of `Islamic Feminism,' which closely links it to a human rights discourse in Muslim countries. The term `Islamic Feminism' may seem a paradox, but by using Iran as a case study this article demonstrates that the idea of feminisms in Muslim societies, rather than being paradoxical, is actually a legitimate and potentially powerful force. In this paper Iranian feminists are categorized into four groups: (...) class='Hi'>Islamic state feminists, Islamic non-state feminists, Muslim feminists and secular feminists. Each group is differentiated according to their interpretations of fiqh (Islamic Jurisprudence), their use of ijtihad (independent reasoning) and their relations to human rights and to the government. The novel concept of feminist dependency paradigm is also explored. The dependency paradigm investigates the multi-layered dependencies of the feminists to the state, to foreign funders, intellectuals, and to the family. (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)

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. (...) The theoretical part, consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes, accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics and an epilogue on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes. (shrink)

In light of the development of “CRISPR” technology, new promising advances in therapeutic and preventive approaches have become a reality. However, with it came many ethical challenges. The most recent worldwide condemnation of the first use of CRISPR to genetically modify a human embryo is the latest example of ethically questionable use of this new and emerging field. Monotheistic religions are very conservative about such changes to the human genome and can be considered an interference with God’s creation. Moreover, these (...) changes could cause perpetual changes to future generations. The Muslim scholars establish their decisions by addressing five foundations of Islamic law i.e. “maqāṣid al sharı̄`a”; the purposes of the law. These are dın̄, nafs, nasl, `aql and māl. To achieve this, the five principles should all be met before approval of an experiment like the Chinese embryo modifications; Qaṣd which is achieved in this case as it aims to protect the embryo from HIV. Yaqın̄ and Ḍarar were not satisfied as they require strong scientific certainty of the procedures, and evidence of safety. Ḍarūra by which the alternatives being compared; in this case more established and proven safe alternatives to protect the HIV transmission from the father are available, so this principle is not met. The final principle is `Urf, by which the social context of using any contemporary technology should be taken in consideration, and clearly this was not achieved. Collectively, germline changes are rejected from an Islamic perspective until the five principles are fulfilled. In the Chinese Twins gene editing case, there was clearly no justification or support for it according to the Muslim Jurisprudence laws. These laws and approaches can serve as an ethical checklist for such controversial research, especially in early stages of the research. (shrink)

This article surveys four approaches to moral obligation to non-Muslims found in Islamic legal thought. The first three approaches I refer to in this article as the "revelatory-deontological," the "contractualist-constructivist" and the "consequentialist-utilitarian." The main argument of this article is that present in many of the contemporary works on the "jurisprudence of Muslim minorities" (fiqh al-aqalliyyat) is an attempt to provide an Islamic foundation for a relatively thick and rich relationship of moral obligation and solidarity with (...) non-Muslims. This attempt takes the form of a fourth "comprehensive-qualitative" approach to political ethics in that it appeals not to juridical reasoning of the type "is x permissible and in which conditions?" but rather to Islamic ideals of what it means to live a good life, of what believing, normatively-committed Muslims want to pursue in this world, not only what they may pursue without fear of punishment. This meta-ethical approach builds on and goes beyond the first three. The force of this argument is that this fourth "comprehensive-qualitative" approach to moral obligation to non-Muslims is novel, emergent and not found not in the writings of outright reformers but in those of conservative, "neo-classical," shari'a-minded - even Muslim Brotherhood-affiliated - Islamic scholars. What also adds to the force of this argument is that the other meta-ethical discourses, particularly of contract and utility (maslaha), already get these scholars quite far towards a doctrine of "loyal resident alienage" in non-Muslim societies. That even orthodox Islamic scholars go further shows that they have some interest in giving a theological or principled foundation to a much thicker and richer form of moral obligation to non-Muslims, a relationship which involves recognizing non-Muslims qua non-Muslims and contributing to their well-being. (shrink)

: This essay highlights how contemporary Muslim fundamentalists reduce Islam's rich and complex intellectual legacy to a set of authoritarian rules. The three branches of classical Islamic education-theology, jurisprudence, and ethics-are particularly targeted. The reductionist pattern applied to these areas is designed to eliminate both the scholarly space of inquiry and the room for individual reflection traditionally granted to its followers by Islamic religion. The essay ends with an analysis of the language used by Osama bin (...) Laden in various documents over the last ten years that show how he has abused Islam's jurisprudential tradition to confer on him a convenient likeness of legality. (shrink)

Although medical confidentiality is widely recognized as an essential principle in the therapeutic relationship, its systematic and coherent practice has been an ethically challenging duty upon healthcare providers due to various concerns of clinical, moral, religious, social, ethical and legal natures. Medical confidentiality can be breached to protect the patient and/or others if maintaining confidentiality causes serious harm. Healthcare professionals may encounter complicated situations whereby the divulgence of a patient’s confidential information may pose a threat to one party whereas the (...) concealment of such information may cause harm to another. After deliberating on the Islamic concept of harm (ḍarar), this paper focuses on the dual duty and conflicts of interests faced by healthcare professionals in the practice of medical confidentiality. Referring to serious infectious diseases with a special mention of AIDS, this study also provides discourse on how healthcare professionals deal with difficult scenarios of conflicts of interests and ethical dilemmas. (shrink)

RésuméCette première étude permet notamment de dégager ce résultat épistémologique: les différentes formes d’“inférence co-relationnelle” connues dans la jurisprudence islamique sous le nom de qiyās représentent une forme innovante et sophistiquée de raisonnement qui permet non seulement d'avoir une conception épistémologique plus claire du raisonnement légal en général, mais aussi de produire une mécanique bien huilée pour le “raisonnement parallèle”; cette mécanique du “raisonnement parallèle” peut être déployée selon un large spectre dans différents cadres de résolution de problèmes et (...) ne semble pas se réduire aux formes standard de l'argumentation analogique étudiées en philosophie des sciences contemporaine. Nous n'aborderons cependant dans la présente étude que le cas de la dénommée “inférence co-relationnelle du facteur occasionnel”, et ce seulement dans le contexte de la jurisprudence islamique. (shrink)

The application of the death penalty for perpetrators of riddah by fuqaha is a problematic violation of human rights. This is because there is no good reason to show that the punishment for riddah is the death penalty. The existence of the hadith which is considered to be the legitimacy of riddah punishment turns out to be very different from the reality of its application in the history of Islamic criminal law. This article aims to answer academic anxiety about (...) the death penalty for perpetrators of riddah as a result of the ijtihad of fuqaha as well as to confirm the construction of its historical reality in state life. This article finds that some verses of the Qur’an and the hadith which are used as legal basis by fuqaha are only understood textually and treated as absolute theological verses and hadiths, but not based on historical evidence. The history of the application of criminal punishment during the time of the Prophet shows that there is no application of the death penalty to the perpetrators of riddah, except riddah which is followed by criminal acts. So it is not solely because of the act of riddah itself, but because of a greater crime against Islam. The implementation of the death penalty for the perpetrators of riddah which is based on textual interpretation of the hadith, thus has the potential to conflict with the principles of human rights and religious freedom which have been regulated in the Qur’an. Contribution: This study enriches perspectives on the meaning of riddah as one of the strategic issues in Islam and shows that a new interpretation of riddah has become an important idea to promote a peaceful and inclusive society and provide access to justice for all. (shrink)

This paper by using the ijtihad paradigm of maqâshid al-syarî’ah of JasserAudah and the descriptive-analytical approach, would like to emphasize that the role of religion and economic welfare are two things that cannot be separated. Although in practice these two things often face obstacles, especially in the matter of diversity in religious life because of the superficial ijtihad paradigm of Islamic law. Based on the contemporary paradigm that seeks to provide new criteria in the conception of qath’i al-dlilalah (...) and dlanni al-dlilalah, it can be stated that the contemporary Islamic law paradigm that needs to be built must be based on the development of citizens’ welfare Muslims, but also must be the same as non-Muslims because of that we need to carry out financial and economic reforms ; protection of freedom of thought and freedom of religion is an important aspect that must be maintained to guarantee the peace and harmony of the nation’s life in the territory of Indonesia. Therefore, the religious and economic aspects must be prioritized for their protection and safety. (shrink)

The modern era has been a time of awakening on the part of the Muslim world in response to challenges from the West. The deeply rooted foundations of political and socio‐economic organization in Muslim societies have been shattered, and the traditional ideals and values of their culture have been challenged. At the same time, however, these challenges aroused national self‐awareness, and provoked a search for ways to escape from economic backwardness and spiritual stagnation.

Muslim women's rights have been a topic of discussion and debate over the past few decades, and with a good reason. Islamic Law is considered by many as patriarchal and particularly oppressive to women, and yet there are also others-Muslim women-who have rigorously defended their religion by claiming that Islam is the guarantor par excellence of women's rights. A big question begs to be answered: is Islam particularly oppressive to women?The Qur'an has addressed women's issues fourteen hundred years ago (...) by creating certain reforms to improve the status of women; however, these reforms do not seem to be practiced in Muslim societies today.1 How is this so? I contend that Islam, as revealed to Muhammad, is not oppressive to women; rather, its interpretation, in so far as it is enacted in the family laws and everyday living, is patriarchal and hence needs to be examined.2 The goal of this work is to discuss what the Qur'an says about certain problems which gravely affect Muslim women, specifically: 1. gender equality 2. polygamy 3. divorce and the concept of nushuz. (shrink)

This study examined the contemporary ijtihād paradigm, especially in understanding the Islamic law sources, according to Muḥammad Shaḥrūr. This study focused on answering two things, namely Shaḥrūr's thinking in understanding the sources of contemporary Islamic law and compared it with the opinions of 'ulamā (Muslim scholars in Islamic law). An explorative method was used to explore the Shaḥrūr's thinking in understanding the contemporary Islamic law sources, and a comparative method was used to analyse (...) it using 'ulamā's methodology. This research study used an Islamic law methodology (uṣūl al-fiqh) approach. This study concluded that the Shaḥrūr's thinking in understanding the sources of contemporary Islamic law is not comprehensive and less of combination among sources and propositions used by 'ulamā. Etymology understanding is most dominant in his methodology. In addition, there are some misunderstandings on Islamic law concepts raised by 'ulamā. CONTRIBUTION: This research enriched the study of contemporary Islamic law in responding to challenges of different times. Shaḥrūr offered a new paradigm that in al-Quran, the laws have certain limits and they should not be violated. The sunnah was divided into two parts, the changing and the unchanging. Qiyas is an analogy with the problems that happen now with those that happened in the past. And ijma is an agreement from people who have authority in certain matters. (shrink)

After the death of Prophet Muhammad (p.b.u.h), one of the most significant debated topics of Muslims was the institution of caliphate. This institution caused crucial argumentations through the ages from Abu Bakr to Abd-al-Majid who was the hundreth khalifa. Some prominent issues in that regard as follows: How khalifa comes to power, who becomes khalifa, whether he is descended from Quraysh or not, which kind of traits khalifa should have, and how khalifa should behave in certain circumstances. While these arguments (...) were going on, caliphate was maintained based on the reign under some certain dynasties’ responsibilities after the Rashidun (rightly guided) Caliphs. Umayyads, Abbasids and Ottoman Dynasties were the most well-known ones of these dynasties. Throughout history, even though caliphate passed in one another’s hands among aforementioned dynasties, none of them did attempt to abolish this position. However, Turkish Muslims who became defeated with European occupation of non-western territories decided to abolish caliphate for the sake of modernization activities within the period of transition from imperialism to nation state. This decision brought about a trauma, which was much more critical than former argumentation around the position in Muslim world. Many congresses were organized in Islamic world in order to recover from this trauma. While this kind of quests were continuing, Muhammad Hamīdullah proposed “High Caliphate Council” in relation to rearrangement of caliphate in accordance with the conditions of Islamic countries. This proposal offers an applicable model to today’s modern nation states by establishing unity among them and leaving aside their conflicts and differences. This proposal offers a resolution of much-discussed matters of the position within the limits of principals. It also draws attention by showing a possibility of Islamic union in contemporary Islamic thought. Summary: The matters of who undertakes the management of societies, how rulers come to power and in what manners the rulers maintain the management have been discussed throughout history. It is seen that rulers adopted kingdom as regime before the period of the Prophet Muhammad (p.b.u.h). There was also two-person management. The discussions about this matter were also seen around khalifas who were the rulers of Muslims after the death of Prophet Muhammad (p.b.u.h). Some debated issues in that regards as follows: Who becomes khalifa, how he is elected, which traits he should possess, and so on. Caliphate continued its existence despite the discussions until the first quarter of the 14th Hijra era. Abolition of caliphate was a trauma for Muslims undoubtedly. From Anatolia to Egypt and from India to the Balkans, many attempts were carried out to recover from this trauma. However, this matter was oversimplified in the conditions of that period since it became a topic which was hushed over in just congresses and conventions. One of the people who wrote on this topic, which maintains its vitality even today was Muhammad Hamīdullah. He was an important Islamic scholar, a lawyer and a historian in Indian geography. Hamīdullah did deal caliphate by indicating its history broadly. The distinctive feature of Hamīdullah from others who wrote on this topic is that he also presented a considerable offer to solve the matter. In this sense, Hamīdullah experienced the trauma in his own life as all muslims did it with the abolition of caliphate. Hence he mentioned this matter in his writings in the mood of care and dignity of a scientist and also in feeling of a heartbroken muslim. Hamīdullah made clear that the method of election of the ruler differed throughout history. Indeed, the verses of Holy Qur’ān, the applications of the Prophet Muhammad (p.b.u.h) and the differences of Four Great Chaliphs on coming to power testified this claim. According to Hamīdullah, it is quite normal that the method of regime can vary according to the conditions of societies. He recommended acting based on timeless rules rather than the changes that vary according to conditions and places. He also stated that the regime which Islam approves is a combination of kingdom and democracy in his lines dealing with methods of regime. To him, kingdom is the method of regime of empire. Empire is the regime in which various nationalities live together with all their differences and interact with one another intensely and in which the rulers rule over wide borders. On the other hand, Islamic world lost its edges of empire, changed its regime and divided to nation states after the decline of the Ottoman Empire and Mughal Empire which were established by Muslims. On the contrary, westerners attempted to establish a head empire several times after building nation states in Europe. Some of them are UN, NATO, EU, to name but a few. In our opinion, in the transition process of Muslim rulers from empire to nation state, Hamīdullah made an offer to accomodate Islamic law in state law, Islamic politic and administrative principles in politics and administration practices, Islamic education system in education system, and principles of Islamic economics in economic decisions of government using the Prophet Muhammed’s life as a base. He also explained to Muslims that the method of regime can be changed and the essential matter is to apply Islamic management principles in such a new situation. He played a role in clearing the way for Muslims by indicating that the method of Islamic regime can be changed according to conditions but the principles of Islam are unalterable. To the writer of these lines, Hamīdullah intimates that it is not so true to stick to the form of the process in Muslim territories in which a compulsory transition from the empires or multinational social structures to the nation state structures have been experienced for the last two ages. However, the first matter to dwell on should be whether the ruler of the government behaves in accoradance with the principles of Islam or not. To Hamīdullah, the second matter is that even though Muslim countries had to enter in the process of becoming nation states, Muslims should make an effort to establish supra-state associations as required by Islam. In this respect, Hamīdullah’s proposal is “High Caliphate Council”. This council is a considerable offer presented to Muslim countries in the age when a universal caliphate is not possible and Muslims head towards a unified state form all over the world. Today, this offer recommends countries of which great majority is Muslims and in which Muslims are minority to meet on a common ground rather than conflict because of differences among them. The High Caliphate Council is an institute consists of presidents or hereditary administrators as leading and regular members and so it avoids regional competition. It is established by Muslim presidents who shares the chair alternately. Based on this, all Muslim presidents play a role altogether in this council without need to be Sunni, Shia, or from Quraysh. The High Caliphate Council is a reflection of a dream, which started a century and half a century ago but is required more today. It is also a reflection of the discourse of “Islamic Union” in Contemporary Islamic Thought. The Caliphate Council and International Islamic Legists’ Association, which is the first practical step of the council can be seen as the theory of a new world order based on the unity principle of Islam. Hamīdullah does not consider this order not only in the range of belief but also with the aim of institutionalizing ‘ijmā (consensus of Islamic legists) and qiyās(legal analogy). He stated that International Islamic Legists’ Association, which is a scientific institution could not be established beforetime by Muslims spread on three continents due to lacking of communication among them. However, thanks to today’s possibilities, the establishment of such association is easier today. Hamīdullah found dynamic solutions such these two institutions for the realization of caliphate, which is a religious necessity. He marked an era for Muslims in the period of time when they are on a quest. (shrink)

Last year marked a decade since the publication of the book “Islamic Biomedical Ethics” by religious studies professor Abdulaziz Sachedina in which he called for a critical and rigorous analytical approach to the ethical inquiry of biomedical issues from an Islamic perspective. Since the publication of this landmark work, some authors have continued to call into question the ways in which Islam as a religious tradition is engaged with in the secular bioethics literature. This paper describes common argumentative (...) issues with current Islamic bioethics scholarship and offers general pearls and strategies to facilitate better engagement with religious approaches to bioethical issues. (shrink)

The philosophy of metaReality and, in particular, ideas of transcendence can ‘underlabour’ for the re-enchantment of Islamic praxis, ethics and law by helping to uncover in a systematic, non-arbitrary way the spiritual objectives inherent in the basic beliefs, practices and obligations of Islam. The commonly accepted elements of the Islamic legal pathway, such as the obligation of marriage, far from being inhibiting, can help humans access the dialectical pulse of freedom and the emancipatory meaning inherent tendentially in human (...) relationships. Thus, the Islamic Shari'a, underlaboured by the philosophy of metaReality, rather than a symbol of legal backwardness and inflexibility, can be conducive once again to greater personal ontological wholeness and collective human flourishing. (shrink)

Pathways to Contemporary Islam: New Trends in Critical Engagement highlights that the current tensions in Islam and the Muslim world are the result of historical dynamics as opposed to an alleged incompatibility between religious tradition and modernity. The emphasis on pathways indicates that critical engagement and contestation have always been intrinsic to the history of Islam. The aim of the book is to elaborate the contemporary pathways and analyse the trends that contest the Islamic intellectual tradition, the (...) relationship between religion and politics, and the individual and collective practice of religion. The collection of essays analyses the current efforts of critical re-engagement with the Islamic intellectual tradition and underlines the historical diversity of Islamic orthodoxies that led to the establishment of various pathways in the practice and role of religion in Muslim societies. (shrink)

The rapid development of complex income taxation and welfare systems in the 20th century may give the impression that progressive wealth redistribution systems are uniquely modern. However, religious systems provided similar mechanisms for addressing economic injustice and poverty alleviation centuries earlier. Zakat is the obligation of almsgiving and is the third pillar of Islam--a requirement for all believers. In the early development of the Islamic community, zakat was collected as a tax by the state and the funds were distributed (...) to a defined set of needy groups. As a theoretical matter, there are three insights that make zakat an especially relevant subject for modern legal scholars. First, zakat is an example of a modest wealth tax combined with an income tax that may be illustrative in the discourse regarding wealth taxes. Second, the jurisprudence of zakat supports the ethical conclusions of scholars who contend that property rights are attached to post rather than pre-tax income. Third, to the extent that zakat is considered a principal source of revenue for public programs, it might imply a limited role for government, focusing on equitable distribution of goods. This paper begins with a thorough evaluation and synthesis of the traditional Islamic jurisprudence related to zakat. The next section identifies three broad approaches to zakat adopted by modern Muslim states, with particular emphasis on ways that zakat is institutionalized legally. This is followed by an empirical analysis of the correlation of the approaches to zakat with individual income and wealth stratification. The article concludes with observations and policy recommendations related to zakat and broader legal theory based on the earlier qualitative analysis and empirical findings. (shrink)

Proceedings of the International Workshop "Islamic Peace Ethics: Legitimate and Illegitimate Violence in Contemporary Islamic Thought", organized 15-17 October 2015 by the Institute for Theology and Peace (ithf), Hamburg. More than 20 researchers from different countries including Indonesia, Pakistan, Iran, Germany, UK, USA, and Belgium discussed the peace and war in contemporary Islamic thought from different disciplines such as theology, philosophy, religious studies, cultural studies, and political sciences.

Even though the Islamic legal tradition advanced its own set of conceptions of time, modern scholarship on Islamic law has not paid much attention to these conceptions. This paper argues that Islamic jurisprudents understood time in moral terms, not as a neutral container or mere background for action, but as a series of opportunities in which the authority of divine revelation and human moral reasoning are articulated. I suggest that the debates over the manners of compliance with (...) divine commands in time were attempts at reaching some form of balance between the considerations of faithfulness to the demands of divine revelation and the practical imperatives of human temporal lives. This argument is advanced through a study of classical debates among jurists within the two major Sunnī schools of jurisprudence on the specific question of whether divine commands that are devoid of time indications should result in immediate or delayed performance. (shrink)

Respect for personal autonomy in decision making is one of the four ethical principles in medical circumstances. This paper aims to present evidence that can be considered good exemplars in the clarification of the ethical viewpoints of the western and Shi’i Islamic perspectives on this issue. The method followed was originally a search in international indexing services in April 2016. Our findings point towards various controversies on individuals’ autonomy lead to different decision making outcomes by health workers in both (...) different traditions. We concluded that although Shi’i Islamic jurisprudence does not seem to allow for personal autonomy in the sense it is understood in a western context, evidence indicates that Shi’i Islamic jurisprudence respects personal autonomy. (shrink)