In late 2003, the Canadian media reported that the Islamic Institute of Civil Justice would start offering arbitration in family disputes in accordance with both Islamic legal principles and Ontario's Arbitration Act of 1991. A vociferous two-year debate ensued on the introduction of “Sharia law” in Ontario. This article analyzes representations of Muslim women's agency that came to the fore in this debate by examining reports in three Canadian newspapers. The debate demonstrated two notions of agency. The predominant perspective (...) conceptualized Muslim women's agency as their ability to resist domination, tying secularization to agency. A second strain of the debate portrayed agency as embedded in intersecting social forces of domination and subordination. The first perspective homogenized diverse Muslim communities, fostering the gendered racialization of these communities. Understanding agency as embedded, by contrast, enabled conceptualizations of Muslim women as agentic religious subjects. (shrink)

The normative figure in Western feminism remains the liberal autonomous individual of modernity. ‹Other’ women are those who have their freedom to choose restricted. Typically, ‹other’ women are those burdened by culture and hindered by their communities from entering modernity. If we remain in the terrain of thinking about women as vulnerable or imperilled, and some women as particularly imperilled, as we generally do of Muslim women, we remain squarely within the framework of patriarchy understood as abstracted from all other (...) systems. A modernity/premodernity distinction will continue to invade any projects intending to help Muslim women. This paper shows the persistence of the modernity/premodernity distinction in contemporary debates around applying Sharia law to the settlement of family law disputes under the Arbitration Act in Ontario, Canada. I argue below that in their concern to curtail conservative and patriarchal forces within the Muslim community, Canadian feminists (both Muslim and Non-Muslim) utilized frameworks that installed a secular/religious divide that functions as a colour line, marking the difference between the modern, enlightened West, and tribal, religious Muslims. I suggest that feminist responses might have helped to sustain a new form of governmentality, one in which the productive power of the imperilled Muslim woman functions to keep in line Muslim communities at the same time that it defuses more radical feminist and anti-racist critique of conservative religious forces. I end by exploring how this effect could have been restricted. (shrink)

Sharia and the Making of the Modern Egyptian: Islamic Law and Custom in the Courts of Ottoman Cairo. By Reem A. Meshal. Cairo: American University in Cairo Press, 2014. Pp. xii + 290. $75.

The Aceh Jinayat Qanun, which is often considered violating Human Rights, has become the choice of the non-Muslim minorities as their rational choice. This study aims to analyze non-Muslims’ choice of The Aceh Jinayat Qanun implemented by the Sharia Court in Aceh and its underlying motives. This study relies on field research involving observations, in-depth interviews with Sharia Court judges, Head of the Islamic Sharia Service, Acehnese clerical figures, and Non-Muslims involved in criminal cases handled by the (...) Sharia Courts. This study also analyzes Sharia Court decisions on criminal cases involving non-Muslims and various related documents issued by the Sharia Courts, police, and prosecutors. The study was undertaken between July 2017 and March 2020. The study shows that the Acehnese non-Muslims do not select The Aceh Jinayat Qanun because of its religious values but based on practicality, efficiency, and socio-cultural consideration. The Sharia-based sentences, which have often been conceived as inhuman and violate fundamental human rights, are chosen and become the rational choice for non-Muslims in solving their legal issues. This paper concludes that the implementation of the Sharia on non-Muslim has not always been negative. This paper demonstrates non-Muslims’ interest to choose Sharia-based criminal justice or The Aceh Jinayat Qanun over the Criminal Code. This can be seen as their rational choice over a more efficient, low-cost, effective, and fast legal process offered by The Aceh Jinayat Qanun sentencing system. (shrink)

Carrying out analyses performed on the provisions of “Pre-Islamic Divine Laws”, which is described as the religious provisions introduced by the prophets before Prophet Muhammad is one of the questions of debate in Shafiī Sect. The reason laying out of this controversy is based on the question, whether the provisions enunciated via the prophets before the Prophet Muhammad are recognized within the legal aspect, or not. On the other hand, there is no controversy between the procedural, on non-binding for Muslims, (...) about of the previous divine communiqués, which are not mentioned in the Qur’ānor the sunnah, and previous divine messages with evidence that they were abolished despite their presence in these two sources. In the same way, there is no debate about the fact that the provisions of the previous divine religions that were in force for Muslims, such as fasting, also remained in force for Muslims. In this case, with taking part in the Qur’ān or the sunnah, the provisions that there is no evidence about whether they abolished or not, it is debated that they are for Muslims binding or not.In this study, our objective is to carry out analyses and researches on the methodological conceptions of Imam Shafiī and Shafiī lawmen with regards to Pre-Islamic Divine Laws, which have no evidence for being retained in force or being abolished for Muslims despite being mentioned in the Qur’ān or the sunnah, as well as on the level of theoretical conceptions of these scribes being put into practice within the scope of fiqh examples.SummaryIt is a must to identify the scope of Pre-Islamic Divine Laws (Sharia Man Qablanā) [shariah of those before us], which is discussed in terms of being recognized as a shariah evidence by the Shafiī lawmen before analzying the opinions of Shafiī Sect followers. Yet, setting forth the opinions in a healthy manner is based on the identification of the question of debate. Within this context, it is a must to draw up the lines and borders in what the Shafiī lawmen / lawyer and canonists / judiciary mean by the term “Pre-Islamic Divine Laws (Sharia Man Qablanā)” in order to designate the practical results of methodological discussions on Pre-Islamic Divine Laws.Sharia Man Qablanā, of which lexical meaning is “shariah of those before us” is defined in fiqh as follows: “These are the religious provisions acquainted by the prophets before Prophet Muhammad”. In fact, this definition can be categorized as “general” in terms of the evidential value of Sharia Man Qablanā. In that, since it is not possible to carry out an analysis on the reliability of the informational value in the previous divine notices, which cannot be conferred neither in the Holy Qur’ān and the sunnah, each and every lawmen and canonists, including those recognizing Sharia Man Qablanā as hujjat (proof), have come to an agreement that the early divine notices that are not mentioned in the Holy Qur’ān and sunnah will not be recognized in terms of its informational value for Muslims, thus being besides the mark to discuss its validity and bindingness. In this case, the outlines of Sharia Man Qablanā, as controversial in terms of its hujjat value, must be specified. Belonging the earlier divine religions as per the works of lawmen, Sharia Man Qablanā is subjected to a categorization of four part with regard to provisions mentioned in the Holy Qur’ān or the sunnah, whether they are recognized as hujjat by Muslims. 1. The provisions that are not mentioned in the Holy Qur’ān or the sunnah, yet being mentioned only in the earlier monotheistic revelations. The fiqh lawmen have come to an agreement that these provisions are not binding for Muslims, and even that it is not permissible to act in accordance with these provisions. Because, there is no certain information on whether these provisions are reliable.2. The earlier divine notices, which have been proven to be nullified for Muslims, despite being mentioned in the Holy Qur’ān or the sunnah. Since these divine notices have lost their validity, there is a consensus among Muslims that they are not recognized as hujjat. The following hadith is shown as an example as of from the sunnah for this part “Pillage was not halal to those before me, but not it is halal to me” (Muslim, “Masājid”, 56). In that, this hadith indicates that prohibition with regards to the pillage, which was not permissible to the earlier ummahs (nations), is not recognized by Muslims. Thus, rendering pillage as not halal cannot be attributed to Muslims. 3. The provisions of earlier divine religions, which remained in force about Muslims. The canonists exemplify this matter with “fasting”. It can be understood from the verse “O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) self-restraint.” (al-Baqara 2/183) that the fasting was a provision as prescribed for the earlier ummahs, which remained in force for Muslims as well. There is no controversy on the matter that fasting is prescribed for Muslims too, as it can be clearly seen from the verse. The hadith of the Prophet Muhammad “It (sacrificing an animal for God) is the sunnah from your Ancestor Ibrahim” (Ibn Majah, “Adāhi”, 3) can be shown as an example that sacrificing an animal for god is applicable to Muslims as well. As a matter of fact, this hadith attests that sacrificing an animal for god is applicable to Muslims, as it is in the religion of the Prophet Ibrahim. 4. The provisions from earlier divine religions, which have no evidence whether they were revoked or remaimed in force for Muslims. The canonists cannot find any evidence for the provisions with regards to the alternative utilization of something between the partners to be recognized as applicable for Muslims within the scope of the following verses: “Here is a she-camel: she has a right of watering, and ye have a right of watering, (severally) on a day appointed” (al-Shu‘ara 26/155) and “And tell them that the water is to be divided between them: Each one's right to drink being brought forward (by suitable turns)” (al-Qamar 54/28). Similarly, there is no evidence that the provisions concerning the retailation, as prescribed in Torah, whether they remained in force or were revoked, as it can be seen in the verse “We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal” (al-Ma’ida 5/45). (shrink)

This article aims to discover why young people in Indonesia choose Islamic faith-based (sharia) housing that is more homogeneous than conventional housing. This is important because the growth of sharia housing in Indonesia has experienced a significant increase in the last five years. Sharia housing requires residents to be of the same religion, comply with the rules of purchase and follow the payment scheme according to Islamic law. In fact, in the last two years, this homogeneous housing (...) has seen increasing demand among Muslim youth in Indonesia. Through in-depth interviews with 10 sharia housing buyers, this study explores the reasons behind young peoples' preference for sharia housing, which are not monolithic, that is, they are not solely made for ideological reasons, but are often made for economic reasons. Exploration of the various reasons for millennials choosing sharia housing is essential to understand the tendency of young people to prefer such exclusive residential complexes. CONTRIBUTION: This study reveals young Muslims' motivations in Indonesia to choose religious identity-based housing. It aims to contribute to the actual debates on the dynamics of young Muslims in Indonesia and their current trends in consuming Islamic faith-based products. (shrink)

The case of highland Yemen up to around the middle of the twentieth century involves a history different from most Muslim societies in that, from 1919, the Yemeni state was independent. The problem I address concerns the utility of thinking about the highland property regime in this era in relation to the categories of "private" and "public." What sort of antecedents existed, at the level of property relations, for later commercial transformations that would culminate in such things as Pizza Hut (...) franchises? In Yemen, the polity of the period was a type of Islamic state, one based on the shari`a in ideology and in application and headed by a classical form of jurist-leader, a figure known as an imam. Prior to the twentieth century, this Yemeni form of a shari`a-based Islamic polity had a thousand year history in the highlands. Shari`a courts had exclusive competence as state tribunals, and judges, trained on old-style law books, heard the full gamut of litigation. By contrast, colonial changes in other Muslim societies typically entailed a sharp alteration and restriction of the sphere of the shari`a, often limiting application to the domain of "family law" alone. At the same time, the highlands had yet to commence the other great and, elsewhere, ongoing modern transformation of the shari`a, codification and legislation, which would not begin in Yemen until after the Revolution of 1962.Highland society at mid-century was agrarian, based primarily on settled plow cultivation, and the associated property regime was almost exclusively "private." In Yemen, the "private" property regime centered conceptually on milk, a category of individual ownership of immoveable property, and on the concept of mal, a commercial commodity. As a form of private, landed property, milk involved rights that could be acquired, alienated and inherited, and the associated agricultural production was based on lease contracts between landlords and sharecroppers. Pious endowments were the basis for one of the great Muslim "public" institutions, which supported mosques, schools, water systems, etc. Another fundamental "public" institution was an extension of the "private" commercial notion of mal into the state institution of the 'House of Mal,' or Treasury. Other key "public" institutions were the imamate itself, a form of Islamic state, and the shari`a court. This shari`a system can be thought of in terms of three levels of legal texts. At the highest level, shari`a doctrine, the jurisprudence of the period, constituted an ideology of the property regime. The doctrine provided models for both the range of substantive undertakings and for court processes, but the relationship of these models to the property relations and to litigation on the ground is a key question. At the lowest level, the routine documents of ongoing, uncontested practice proliferated. These included ordinary sale documents, leases, marriage contracts, endowment instruments, wills and estate inheritance instruments. Between high doctrine and low instruments were the records of shari`a court judgments, records in which the conflicts and contradictions of the property system were expressed, argued and ruled upon. In certain problem areas of the law, the ruling imams's personal doctrinal "choices" were designed to guide court judges in their rulings. (shrink)

In many cases, mosques have been accused by anti-terror agencies as a potential place to spread transnational Islamic ideologies. This study examines the perceptions of mosque administrators (ta’mīr) about Pancasila, Islamic sharia and transnational ideology. This research took place in South Tambun, a densely populated subdistrict in Bekasi, West Java. Mostly populated by urbanites, it has heterogeneous religious understanding. A quantitative research method with descriptive statistics is used in this study to analyse the results of the survey conducted. Furthermore, (...) a qualitative technique is carried out through a series of interviews conducted with the respondents. Triangulation is carried out to increase the validity and credibility of the findings. The results showed that 40% of mosque administrators surveyed thought that transnational ideologies were not in accordance with the spirit of Pancasila. Meanwhile, the remaining 40% and 20% of respondents, respectively, consider transnational ideologies to be dangerous to social order, and divisive. The qualitative analysis shows that the respondents do not want the implementation of Islamic sharia and an Islamic state within the Indonesian constitutional framework.Contribution: This research can be used by policymakers and anti-terror agents to proportionally and participatively involve mosque administrators to narrow the wiggle room for the spread of transnational ideology. (shrink)

The common method of the traditional Islamic Jurisprudence in seminaries has been challenged by Ayatollah Yousef Saanei, one of the ten prominent Iranian Grand Ayatollahs. Saanei is well known for attempting to institutionalize a new method of Ijtihad, known as searching Ijtihad, which seeks to reconsider the common mode of understanding religious texts and jurisprudential inferences. His experiences of observing the systematic ineffectiveness and discrimination in popular jurisprudence regarding women’s rights, family, and religious minorities persuaded him to take scientific action (...) in revising the common jurisprudential method. In the present paper, the necessity of revising the common jurisprudential approach in seminaries from Saanei’s point of view is firstly studied. Afterwards, the foundations, principles, and methods of modern Saanei’s Ijtihad will be investigated to determine the structure and foundations of his jurisprudential method and evaluate its impact on resolving the contradictions between traditional perceptions of religion and human rights. (shrink)

The crux of the present paper is that Fiqh can be considered as a religious apparatus mediating between the spheres of divine addressivity and Sharia performativity. The former may manifest itself as the addressing of a spectral prophetic figure or the hidden Imām; however, the latter may emerge in the form of a responsive-performative discourse characterized paradoxically by the autonomy of ontology, heteronomy of force and pen-ultimacy of statements. By fabricating a sacred archive, establishing some hermeneutical devices (generative and (...) interpretative), and designating authentic archons, Fiqh as a mediating factor determines the ultimate form of the performative discourse of Sharia and renders the spectral addressing into a sonorous imperative tone. With regard to their various semiotic procedures, different Fiqh apparatuses, in Islamic worlds, lead to divergent and sometimes discordant binding discourses ranging from sovereign and generative Sharia laws to suspended divine rules. (shrink)

In the decade since Al-Qaeda, led by the late Osama Bin Laden, attacked America, there has been a resurgence in the debate about the relationship between religion and politics. The global Islamic terrorist networks and their successful operations against various targets around the globe increasingly draw attention to what constitutes the core values of Islamic extremism: the logic of evangelistic strategy, the import and relevance of its spiritual message and consideration of the composite view of life that does not distinguish (...) between sacred and temporal mandates. Suspicions have been fuelled that Islam is incompatible with modern democratic systems and pluralist outlooks. The real cause of Islamic militancy is at once universal and particular. The Nigerian experience of this radical Islamism-Boko Haram-brings home the once “distant” threat to global peaceful co-existence. While there exist arguments regarding the raison d’etre and means or methods of the operations of Boko Haram, the end has been normative; to achieve a purely religious nationalistic system on the basis of the sharia code of ethics. This paper, therefore, critically analyses the historical and philosophical interpretations of Islamic history constructed as an infallible corpus, and how it has been impacted by the democratic vision in Nigeria. It concludes with a consideration of the possibility and practicability of a liberal system at once free and religious in a pluralist and global society. (shrink)

In the decade since Al-Qaeda, led by the late Osama Bin Laden, attacked America, there has been a resurgence in the debate about the relationship between religion and politics. The global Islamic terrorist networks and their successful operations against various targets around the globe increasingly draw attention to what constitutes the core values of Islamic extremism: the logic of evangelistic strategy, the import and relevance of its spiritual message and consideration of the composite view of life that does not distinguish (...) between sacred and temporal mandates. Suspicions have been fuelled that Islam is incompatible with modern democratic systems and pluralist outlooks. The real cause of Islamic militancy is at once universal and particular. The Nigerian experience of this radical Islamism-Boko Haram-brings home the once “distant” threat to global peaceful co-existence. While there exist arguments regarding the raison d’etre and means or methods of the operations of Boko Haram, the end has been normative; to achieve a purely religious nationalistic system on the basis of the sharia code of ethics. This paper, therefore, critically analyses the historical and philosophical interpretations of Islamic history constructed as an infallible corpus, and how it has been impacted by the democratic vision in Nigeria. It concludes with a consideration of the possibility and practicability of a liberal system at once free and religious in a pluralist and global society. (shrink)

In Canada, much media attention has recently been focused on the formation of arbitration tribunals that would use Islamic law or Sharia to settle civil matters in Ontario. In fact, the idea of private parties voluntarily agreeing to arbitration using religious principles or a foreign legal system is not new. Ontario's Arbitration Act has allowed parties to resolve disputes outside the traditional court system for some time. This issue has been complicated by the fact that Canada has a commitment (...) to upholding both a policy of multiculturalism and an international obligation towards women's rights. Although these values need not necessarily conflict, in this context, they have carried a tension that must be reconciled. This paper will examine the legal implications of faith-based arbitration tribunals in family law, with a particular emphasis on the impact that Sharia could have on Muslim women in Ontario. (shrink)

This article aimed to highlight how polemic between Muslims and Christians on halal tourism is discussed in Indonesia. The study concerned three research questions: How do Christians view halal tourism? Is the halal tourism a term that has the potential to build segregation according to the Christians’ perspective? How do Muslims respond to Christians on halal tourism? By reviewing related literature and conducting interviews and analysis using reception theory, this study reached the following conclusions. Firstly, Christian religious figures view on (...) halal tourism by varied characters: realistic, substantial and critical. Secondly, for those with oppositional views, they emphatically said that the term halal tourism had the potential to build segregation. Meanwhile, in a negotiation position, the main substantial one is still open minded for discussion if there is a concept that is formally more inclusive and from the material side representing the common will even though it was originally a will of a particular group. Thirdly, Muslims, as represented in the Indonesian Ulema Council (MUI), perceive that halal tourism does not interfere with other religious beliefs, but it has an economic value for the country.Contribution: Practically, this article contributed to opening opportunities for halal tourism to be recognised by all elements in a multi-religious society. Differences in potential reception occur because the sender of the message and the recipient of the message have basic assumptions according to their respective contexts. (shrink)

During the 1980s, Morocco became a platform for discussion of democratization projects in North Africa and the Middle East. This served as fertile ground for feminist reverberations attempting to reform the mudawanna, or shari’a based family-law in Morocco, and consequential resistance to reform by women within the political Islam or “Islamist” movement. Feminist scholarship in Morocco, as is the case with other parts of the Middle East, is inevitably political. Zakia Salime’s book Between feminism and Islam: Human Rights and (...) class='Hi'>Sharia Law in Morocco problematizes the resulting conceptual boundaries of feminist and Islamist politics in Morocco. She became interested in the issue with her involvement with the feminist movement during the 1990s. Unlike other authors that discuss feminism in the Middle East, Salime is not interested in assuming any generalizations in discussion of marginalization of women versus political Islam. Rather, she aims to analyze in detail the dynamic relationship of feminist and Islamist movements. (shrink)

Purpose: Transcendent theosophy or as known as Al-hikmah al-Muta’aliyah is the third school of Islamic philosophy founded by Mulla Sadra, and is the result of reconciliation of previous Islamic thoughts. This school is based on three main principles, namely: intellectual-intuition, rational proof, and Islamic sharia. The purpose of this paper was to uncover the reconciliation model of transcendent theosophy in reconciling various schools of Islamic thoughts, namely: traditional normative thought of Islamic sharia (Al-Qur’an and Sunnah), classical tradition of (...) dialectical theology (Kalam science), Peripatetic Islamic philosophy, the teachings of Sunni Sufi represented by al-Gazali, Philosophy of Suhrawardi illumination, as well as the mystical thought of Ibn ‘Arabi. This paper is a text analysis research using qualitative-descriptive analysis methods, namely: identifying, understanding, and interpreting texts. The text is carefully and systematically described to clearly portray the synthetic model or reconciliation carried out by Mulla Sadra on several previous Islamic thoughts. The results of this study indicate that Mulla Sadra elaborated and harmonized various Islamic thoughts with “integrative-complementary” model, which embraced the construction of new Islamic philosophical thoughts known as “transcendent theosophy”. This paper suggests to conduct further studies to find a correct format in reconciling various schools of the recent Islamic understanding in order to eliminate the claim truth among Muslims. (shrink)

This paper examines the debate on gender equality which is considered by some groups to be in conflict with Q.S. An-Nisa [4]: ​​11. With a philosophical approach and referring to the concept of inheritance of Sa'id Ramadan al-Buthi in the _Kitab_ _al-Mar'ah Bayna Thughyan al-Nizam al-Gharbi wa Lata'if al-Tashri' al-Rabbani_, this paper tries to refute these allegations and offers a more gender-friendly interpretation. For al-Buthi, the verse has actually liberated women because the provisions are caused by the responsibilities imposed by (...) Islam on men as prospective husbands and not experienced by women. On the contrary, if women are empowered than men, that is a moral responsibility, not a _sharia_ responsibility. Thus, women have been given freedom by the _sharia_ in order to determine the choice to participate in bringing about stability in life, regardless of the existence of a condition of women more empowered than men that will not be the cause of changes in the provisions of _sharia_ concerning inheritance. (shrink)

A través de nuestro estudio sobre el argumento de la semiótica de la historia no contada en la novela «The Crow’s Leg», pretendíamos mostrar la imagen de las prohibiciones religiosas, morales y políticas mediante la interacción de discursos con los niveles sociales y culturales destacados por el contexto semántico en el discurso. El estudio utilizó el planteamiento semiótico que señala los mecanismos del discurso narrativo que intervienen en las dimensiones semióticas y el significado de la historia no contada a través (...) de la estrategia de los temas planteados (religión–política–ética). Al finalizar nuestro estudio concluimos la importancia que tienen las dimensiones semióticas que se extienden desde el significante al significado centrándonos de manera más profunda en el tema de la historia no contada a través de la significación de la prohibición religiosa, en la que enfocamos la centralidad de la mujer y la interactuación con hombres en muchos dominios que son considerados por el principado como vetados por la Sharía, que abordamos como una prohibición religiosa. En este estudio también nos referimos a la esencia de los conceptos semióticos y a la definición de contenido mediante herramientas metodológicas que estudian el mundo semántico de la novela y sus unidades morales menores y fundamentales que solo se alcanzan en su relación con los demás elementos y que se basan en un eje semántico común en la historia no contada y sus interpretaciones en el cuerpo de la novela. (shrink)

This qualitative research is a philosophical review about analyzing how circumcision can (cannot) be morally justified. It is typically assumed among Muslims that circumcision is mandatory according to Islamic law (Sharia). However, in this paper, I will argue that this is not clear in Islamic texts. Because firstly there is no textual evidence in the Quran about this matter and secondly permissibility of circumcision is not an agreed topic among Muslim scholars. This entails that circumcision is not a necessary (...) part of being a Muslim. Although this idea seems idiosyncratic according to the majority of Muslims, I’m inclined to emphasize that we should not marginalize this idea, rather we have to support it for educational prosperity in Muslim communities. But perhaps more importantly this paper helps to introduce new Muslim intellectuals’ argument that moral reasoning is independent from (and even superior to) Islamic law. Since we do not have ultimate and decisive secular reason (e.g., medical reason) against male circumcision in every occasion, therefore, morally speaking, I believe it is not reasonable to say that male circumcision is always wrong. Muslims who support male circumcision still can find some secular reasons to defend this from their cultural identity. (shrink)

This book introduces readers to the legal epistemology that is advocated within Twelver Shi'ite usul al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlīclerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of usul al-fiqh and philosophy. The book hypothesises that usul al-fiqh has both space and historical precedence to accept alternative epistemological (...) theories that may enable orthodox Shi'ite clerics to display greater dynamism in deducing and interpreting Sharia. (shrink)

This study is based on the objective conditions of Islamic banking in Indonesia, which have not carried out their social functions optimally. Based on reports from the financial services authority, Indonesia bank and several related research, the efforts to optimise the social function of Islamic banking still encounters several problems related to the distribution of banking funds that are more focused on business interests, lack of real business run by Islamic banks, customer funds that are mostly deposited in Indonesia bank (...) and have not been distributed to the real sector effectively, to banking activities by referring to the capitalistic economic paradigm and not fully referring to sharia guidelines. The results of the study of documents, literature and actual phenomena using descriptive and holistic analysis methods indicate that the degradation of the social function of Islamic banking appears as a result of a lack of understanding of the concept of Islamic economics based on the construction of Islamic social theology. The lack of understanding of banking management towards Islamic social theology has created a gap between the practical and conceptual sides of Islamic social theology, which in turn has an impact on the lack of social commitment from related parties in the implementation of Islamic banking activities. Strengthening the practical side of Islamic social theology is a necessity to overcome the existing problems.Contribution: The article contributes to the discourse on the application of Islamic social theology to Islamic banking practices. It aims to contribute to theological thought in Islam in order to strengthen the social function of Islamic banking, by focusing on the main objective of Islamic economics: al-falah or the achievement of spiritual and material prosperity. (shrink)

This article explores the trends in the implementation of Islamic moderation through aqidah and sharia in Singkawang, as it is considered the most tolerant city in Indonesia based on a research report published in 2019. Using grounded research analysis, the authors found three structured patterns: implementation strategies, implementation processes and implementation patterns. This study shows that these strategies and methods, implemented through a flexible, straightforward and easy-to-implement model are relevant to the fundamental values of Islamic education and offer a (...) means of forming a complete and comprehensive network. These implementation patterns encourage religious communities to develop and maintain healthy social relationships. Hopefully, such implementation patterns can be imitated and modified by policyholders to realise Islam rahmatanlil ‘alamin [as a blessing for all].Contribution: Scholars in the fields may benefit from the findings of the research as it provides a new perspective of the Islamic educational moderation theory grounded from the field research. It argues that the practice of community tolerance, especially by the Muslims, has been based on the good understanding of the theology of Islamic education moderation. Education matters in the process of community peace building and in generating tolerance through the implementation of Islamic moderation values. (shrink)

The Muʿtazilī theologians, particularly the later Imāmī ones, developed numerous interesting arguments against divine command theory. The arguments, however, have not received the attention they deserve. Some of the arguments have been discussed in passing, and some have not been discussed at all. In this article, I aim to present and analyse the arguments. To that end, I first distinguish between different semantic, ontological, epistemological, and theological theses that were often conflated in the debate, and examine the logical relation among (...) them. Then I go over the Muʿtazila's arguments determining, among other things, which of the theses was targeted by each argument. In presenting the arguments, I focus mainly on the late kalām period, the period falling roughly between the thirteenth and fifteenth centuries of the common era, as the arguments were at their most sophisticated level by this time. (shrink)

Religion plays a vital role in the formation of conscience and therefore is very important in determining how people co-exist in a society. Nigerian citizens live in regions other than their ethnic geographical areas, but they are not recognised as people of the same destiny and subjects of equal rights. The long period of military dictatorship that truncated the country's democracy since the civil war gave Nigerians a constitution which adopted the Sharia legal system within a purported secular state. (...) This encouraged a wide range of religious fanaticism and led to various demands for human rights, which has become a worrisome issue to concerned Nigerians. This article used secondary sources of data, such as newspaper publications and journal articles to examine the impact of religion on the state of the Nigerian nation today. The article calls for the harmonisation of Christianity and Islamic teachings in line with the secularity of the Nigerian state in order to reduce the increasing tensions in the country and make the journey to nationhood more realistic. CONTRIBUTION: This article proposes that the secularity of the Nigerian state has to be maintained by political and religious leaders in order to attain purposeful nationhood and achieve sustainable and genuine development of the country. (shrink)

Since the Taliban resumed political power in Afghanistan in August 2021, their total application of strict Sharia Law has demanded global attention. This paper theorizes that, in pursuit of social order, the Taliban has enacted a civil religion to justify their complete reversion of women’s rights as a public good. I examine Afghanistan's social contact through the political philosophies of Thomas Hobbes and Jean-Jacques Rousseau and suggest why the intended social order has not materialized. In conclusion, I depict the (...) erosion of women's rights as a matter of structural injustice and incite critical reflexivity towards our responsibility for global justice. (shrink)

Originally published in 1958, this volume covers important aspects of Islamic history and culture: Arabia before the Prophet The Prophet The Koran and Islam The Caliphate From the Caliphate to the end of the Ottoman The Crusades The Maghreb Muslim Spain The Sharia Philosophy The Sciences Literature The Arts Problems of the Twentieth Century Arab World.

The need for renewal felt in various fields with the Tanẓīmat, and the changes and modernization activities realized in accordance with it, and the nature and boundaries of these activities are important issues that determine the period's intellectual agenda. Some of the proposals for a solution to save the state are related to the renewal of religious thought. The bad situation in the Ottoman Empire stems from the way religion is understood, not from religion itself, and one of the names (...) that produce ideas about the necessity of changing this way of thinking is Ḥüseyin Kāẓım Kadri. He believes that Fiqh and Exegeticsshould be based on the work of updating the content of Islamic Sciences within the framework of contemporary needs. Claiming that the basic need of society is not Science of Kalām but Catechism, Kadri claims that the attempt of the science of Kalām, regulated to respond to the needs of the age will not result in even will cause religious conflict among people. In this article, Ḥüseyin Kāẓım Kadri'sintellectual background, his suggestions for the renewal of religious thought and his objection to the new Science of Kalām are discussed.Summary: What defines the history of late Ottoman period is the concept called change. There have been reform attempts in order to canalise the military, economic, socio-cultural change and transformation due to political turmoil starting from the end of the 16th century and beginning of the 17th century. Basic argument regarding these reforms finds its base on Qanūn al-Qadīm and the idea of returning to Sharia. Along with the Declaration of the Imperial Edict of Reorganization (Edict of Gulhane) the previous reforms which were made earlier changed dimension and westernization became a government policy. During the ongoing process, the change in terms of Westernization became a current issue within every segment of Ottoman society. Need for innovation in various areas, and therefore the change and modernization movements and accordingly these movements’ nature and boundries set the intellectual agenda of the era. Some of the suggestions are associated with renewal of the religious thought which are to keep the State from difficult situation it is in. Solutions proposed in this context creates a rich intellectual discussion environment within Western, Islamist, and Turkist intellectuals. Islamists in general terms are of the opinion that the difficult situation Ottoman is in does not stem from the religion itself but the way of understanding religion; and they are of the opinion that this way of thinking should be altered; when they bring about their suggestions, it is seen that the way of thinking is their starting point. What causes the Islamists fall apart within themselves is the nature of renawal. Islamist intellectuals, supporting the idea which is the content of islamic knowledge should be updated according the needs of era, suggest various ideas in terms of which dicipline should be in charge for the needs in question. While some intellectuals are of the opinion Kalām should be prioritised, some are of the opinion Fiqh and Exegetics should be prioritised. Ḥüseyin Kāẓım Kadri, who wrote under the pseudonym of Shaykh Muḥsin-i Fānῑ ez-Ẓāhirῑ, is one of these intellectuals coming up with an idea. Kadri suggests a renawal in thinking based upon Fiqh and ExegeticsḤüseyin Kāẓım Kadriis one of the most prominent intellectuals of Constitutional Period. Working as a governor of an Ottoman province, deputy, and minister and engaging in journalism, Kadri compiles a series of work in religion, language and agriculture. All of his efforts are to find ways of saving Ottoman from its difficult situations. Thus, Kadri questions the quality of the knowledge which was brought about in religious thinking and proposes solutions. What lies under his solution is the need for a dicipline for society’ s practical problems. He bases his opinion on opposition to new theology movement. According to Kadri, ever since Kalām was codified, it has never been useful to Muslims, on the contrary it has impaired the Muslims. Renowation of Kalām creates nothing but problem. In his opinion, due to using Greek philosophy content and method, Kalām is not a dicipline authentic to Muslims, besides it is a harmful dicipline which aims to damage the essence of Islam.One of the reasons why Kalām is out of Islamic thinking tradition is because of the Mu'tazila wises are the founders of this dicipline. Kadri is of the opinion that the wises/intellectuals belonging to this school and their theories regarding to understand the existence do not contribute to the field of faith. Admitting the function of Ahl-al Sunnah school generated after the Mihna Period, Kadri states the insufficient side of that function. To him, hence the subjects such as substance (cevher) –accident (araz), hudûth-eternality, wujud (vücûd)-nothingness (adem) etc have been discussed but at that time the subject in question could not be renovated in regard to needs. Another criticism of Kadri raised against Kalām is he considers this field the reason why Muslims are divided. Especially during the times when Muslims need to be in unity and solidarity, Kadri is worried about new discursion which will occur due to the renovation of Kalām attempts. This concern of Kadri causes him to object Kalām with a pragmatic motive.Kalām which is called Usulu'd-Din is another reason why Ḥüseyin Kāẓım Kadriis against Kalām. In his opinion, theologians complicates the subjects such as amalgation and adjectives of Allah instead of making it clear with ijtihad. Kadri who considers offering proof in terms of faith as faithlessness is of the opinion that faith is not a matter of reason but a matter of sense which has no doubt among people. Criticising the struggle for the enquiry of faith, Kadri puts an emphasis on the significance of the reinterpretation of the principles, for example in the field of Fiqh which deals with the practical area and says it is the most prominent religious duty. He also criticises the imitation of the past and remarks the importance of reason in Fiqh. As an alternative to Ilm-i Kalām, he claims a new Catechism and adds, it is going to provide the religious knowledge people need. It is an ideological contrast of Ḥüseyin Kāẓım Kadrito think Kalām is the reason for all the misfortune Muslims encountered. This opposition causes him to ignore all the accumulation in Kalām field. Moreover, it is the reason why he makes emotional deductions conflicting with historical facts. Kalām plays a role just like the other fields who could not contribute to Islamic Thinking and its renovation process in accordance with the needs of time. However, it is not realistic and reasonable to think Kalām is the only one responsible. (shrink)

Religion plays a vital role in the formation of conscience and therefore is very important in determining how people co-exist in a society. Nigerian citizens live in regions other than their ethnic geographical areas, but they are not recognised as people of the same destiny and subjects of equal rights. The long period of military dictatorship that truncated the country’s democracy since the civil war gave Nigerians a constitution which adopted the Sharia legal system within a purported secular state. (...) This encouraged a wide range of religious fanaticism and led to various demands for human rights, which has become a worrisome issue to concerned Nigerians. This article used secondary sources of data, such as newspaper publications and journal articles to examine the impact of religion on the state of the Nigerian nation today. The article calls for the harmonisation of Christianity and Islamic teachings in line with the secularity of the Nigerian state in order to reduce the increasing tensions in the country and make the journey to nationhood more realistic.Contribution: This article proposes that the secularity of the Nigerian state has to be maintained by political and religious leaders in order to attain purposeful nationhood and achieve sustainable and genuine development of the country. (shrink)

The development of modernity has caused a clash of epistemology. Epistemology cannot be separated from evaluation, normative or critical discipline.Epistemology will often fall into subjectivity principles based on individual freedom. The existence epistemology of Islam is more on the problem of harmonious integration and synthesis between God’s and human knowledge or another term correlation of sharia and reason. Scientific epistemology includes two forms namely descriptive and normative. Normative scientific epistemology as an ordinary epistemic assessment, while descriptive scientific epistemology, which (...) is constantly practicing making epistemic judgments or formulating epistemic systems as an assessment. This paper examine about the existenceof Islamic epistemology in relation to quantum scientific. This study involve avariety of disciplines ranging from Arabic grammar,interpretation, fikih, tauhid and tasawuf, social science, physical sciences,psychology science, medical science, geography science, biological science with proof through laboratories, telescopes and microscope. (shrink)

The Ottoman legal system is built on religious (sharīʿa) and customary (ʿurfī) laws. The customary law consists of the rules that are not in contrast to the sacred law. Collection of regulations (qānūnnāme) were the most effective way for the execution of the customary laws. The qānūnnāme included the sultan’s orders and edicts (farman). Ottomans regulated and evaluated the taxes through measurements of lands specific times of the year. These measurements would be recorded into the taḥrīr books (written survey of (...) immovable prop-erties). And the administrative qānūnnāme were included in these books. In the qānūnnāmes, we can find information about the taxes, and the unlawful executions of the customary actors (ahl al-ʿurf) as well as the tax regulations. The qānūnnāmes on sanjak are composed accord-ing to the economic, social, and geographical characteristics of the administrative district it is written about, and with this, they provide us information on these issues. In this article, three sanjak qānūnnāmes are taken as the central topic and Kamah, Āmid, Pojega are evaluated in terms of the execution of customary law in these districts. These qānūnnāmes include record-ings of various taxing regulations, altered and cancelled executions, amounts of taxes, and punishments. We can compare the three districts in their economic and social characteristics.Summary: The Ottoman legal system consists of sharia and customary law. Ordinary law is based on some regulations which the sultan deems necessary and is composed of laws. The Ordinary law should not contradict sharia. When the Ottomans conquered a place, they generally protected the current laws (such as Uzun Hasan's laws), except for necessary changes or cancellations. When the Ottomans conquered a place, they used to make census to determine taxes. As a result of this census, Sanjak qānūnnāmes were placed in taḥrīr books. It also involves issues such as public and criminal law, customary tax regulations, and amounts of market taxes, which are approved by the emperor. In this article, the Sanjak qānūnnāmes of different regions belonging to the period of Suleiman the Magnificent, whose dates are close to each other, were selected. The Sanjak qānūnnāmes which are studied on are Kemah sanjak of Erzurum province belonging to (937/1530) and Āmid sanjak of Diyarbekir province belonging to (947/1540) and Pojega sanjak of Budin province belonging to (950/1545). The reason for this is to be able to compare the differences or stableness in tax and practices in the mentioned date range. At the same time, attention has been paid to the effectiveness of customary practices and the parts that are linked to sharīʾa. Some of the laws of Uzun Hasan are in force in Kemah and Amid. In these two sanjaks, some of the bâc taxes and some other taxes were removed. It is seen that the complaints made by the public due to the excess of taxes are taken into consideration. For example, in Kemah, the akche of murahhasiyye paid by the villagers for Armenian priests and bishops is one of them. The taxes that are abolished include kulluk and blend tax and taxes from various business lines. The tax, which was collected by the governors of the sanjak and the castle beys under the name of custom, which was imposed by some local administrators, was cancelled by seeing bidat. When three of the sanjaks are taken together, there are cautions that unfair and unlawful tax collections made by local administrators during tax collection have been abolished and these are accepted as bidat. Kemah sanjak qānūnnāme is 13 pages in total. Kemah, which has a geographical position and military transit route, has commercial relations with cities such as Trabzon and Hasankeyf. In Kemah, there are candle mill (şemhane), creamery (bezirhane) and tavern (meyhane). Kemah is one of the places where the climate has an impact on agriculture. Kemah's economy is based on trade, agriculture, small livestock, beekeeping. In Kemah, where caravan trade is important, trade goods are of value due to its location on the transit road. The Kemah qānūnnāme also contains various taʿzīr for unjust killing, wounding, and adultery. In the city, there are some arcs have ownership in common. The fact that there are mills indicates that the rivers in Kemah are utilized. Âmid Sanjak qānūnnāme consists of two pages. The title that attracts our most attention is that there is vitality and economic activity in the market since Âmid is on the Aleppo-Mosul Silk Road. The high number of weaving looms is due to the production of cotton. Amid has dye house and saphane. Indigo and Amid's red dye sold in the market shows the importance of weaving. Pojega sanjak qānūnnāme is composed of seven pages. Among the qānūnnāmes we have mentioned, this is the most legible one. In addition to the old practices, there are some new regulations in this qānūnnāme. The pig tax is only here because of the non-Muslim population. Transit tax fees indicate trading viability. Based on the studies made on these three sanjaks, it can be said that in the qānūnnāme, the rights of the raia (reaya) were tried to be protected by the rescript of the Sultan himself. Therefore, the most remarkable things in the qānūnnāme are not allowed unfair practices of local administrators and without the need to collect taxes from the public. The dates of the qānūnnāme are close to each other and Despite geographical differences, there is no remarkable change in taxation. Although there are non-Muslim populations in all three sanjaks, it is mostly in the Pojega sanjak. The fact that the pig tax is collected only from this sanjak is evidence of this situation. The presence of meyhane in Kemah, Amid and Pojega sanjaks point to the non-Muslim population. It is also used as a place where the villagers sell their grape juice. The mill tax on Kemah and Pojega show that rivers are used in common. (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)

The issue of gender is one of the important indicators for understanding religious interpretations at the individual and social levels. One of the responsible institutions in shaping the gender approach in Turkey are the Faculty of Theologies. The majority of the students who are studying in theology faculties and who will take part in the religious services of the society after completing their education are women. It is clear that the religion and gender understanding of female students of theology faculties (...) will have various levels of influence on the religious and social life of women and men in society, now and in the future. This article, which is studied with a qualitative research method, focuses on the religious and gender understanding of female students of theology faculty. The most basic conclusion reached in this article; the female students of the faculty of theology do not have a homogeneous understanding of religion and gender, they have traditional and modern approaches together. The students are mentally inconsistent and indecisive about many issues related to gender.Summary: Gender perceptions are One of the areas that have changed rapidly with the modernization processes. The issues concerning gender and religion recently have become a matter which is the subject of intense debate in Turkey. Theology faculties also take part as a party to the debates and tensions about gender and religion. This study focuses on the gender and religious understanding of the female students of the Faculty of Theology and to examine the intellectual and material factors that nurture them. The scope of the study was limited to Dicle University Theology Faculty female students. The data of the study was obtained by the qualitative research method. In this article, which takes the religion and gender understanding of female students of Theology Faculty as the main problem; the ontological value of women, the authority of men over women, the paid work and management of women in the public, the change of the Shari'ah provisions on gender with social change, the beating of women and the themes formed in this context are examined.The religious and social status of women in Muslim societies was not shaped by the Qur'an or practices of the Prophet, but by the discourse created by hadith narrations and the influence of economic and political conditions. The development of this discourse was also influenced by the image of the ‘seductive’ Eve and the patriarchal culture of Mesopotamia, which were inherited from the Jewish and Christian tradition.Women's social position within the traditional society structure was legitimized by religious traditions, some of which date back to pre-Islamic times, and by the contribution of the rising jurisprudence and ascetic movements in the historical process and has resisted change for centuries.Nearly all of the female students of the Faculty of theology consider that there is no difference between men and women ontologically in the context of the value that Allah gives to both sexes.According to them, the physical and emotional naivety of women cannot be interpreted as the ontological worthlessness of women or as their lack of intellect and religion.About half of female students think the final decision in the family should not always be in the male.According to them The Prophet's practices on this subject are a very important example. In some cases, he consulted his wives and followed their suggestions. Therefore, narrations that trivialize the thoughts and demands of women in the family have cultural and not religious influences.All female students think that women can work outside the home on a paid basis. Moreover, according to the vast majority of female students, women can be managers in the public sector. The students who are in this view think that the narrations stating that the woman cannot be a manager in the public can be ignored for reasonable reasons. About one-third of female students think that the Shari'a provisions in Islamic law regarding women and family may be able to changed with new jurisprudence, while one-third think that some of them may be able to changed with the change of social conditions. Another view shared by nearly a third of students is that Sharia provisions on gender will not be changed over time. Nearly two-thirds of the female students in the research sample do not approve of beating women under any circumstances. A third of female students think that a woman can be beaten if she disobeys her husband. Some of them are confused about how to interpret the verse about the beating of women.It is unthinkable that the Faculties of Theology, which cannot be an actor of religious social change, stay away from the wind of change of a rapidly modernizing society. The rapid flow of time of change on the one hand, and the absence of a tradition or strategy of the Faculties of Theology on the other, resulted in the Faculties of Theology becoming the object of social change in many contexts. This situation made the Faculty of Theology's understanding of religion hybrid, fragmented and unstable between traditional and modern approaches and quite open to the effect of political conjuncture. In this context, although the understanding of gender in theological faculties is not at the same level in all, it can be said that traditional understandings are in the form of a softened form in favor of modernity.The students of the Faculty of Theology at Dicle University are mostly grown up in the Eastern and Southeastern Anatolia regions and are generally members of the lower-middle societies. In most of the female students who come from a social structure where the social status of women is quite low and girls are regarded as worthless compared to boys, an awareness be formed about the social position of women during the education of the Faculty of Theology. Through the study of the Faculty of theology, female students realize that religion is not responsible for the otherized position of women, but for religionized traditions. Two main factors determining the gender understanding of women students of the Faculty of theology can be mentioned. These can be roughly categorized as the main sources of religion and their interpretation by denominations, as well as the socio-cultural habitats of the students and their individual experiences. On the subject of gender, there is a tension between verse, Hadith and their interpretations made by sects and the values and norms of modernity internalized by female students. At Dicle University Faculty of Theology, it is not possible to talk about a learning system and intellectual accumulation that would allow to overcome this tension. This causes mental and emotional bifurcation in female students and leads them to become caught up in a vortex between religious and social reality on many issues. An important consequence of this is the lack of updated religious norms to guide them in many issues that have emerged as an alternative to religious beliefs and practices in the context of gender and have become established values and have common practices in modern life, and have led them to modern secular tendencies and this leads to an internal secularization. The lack of updated religious norms to guide female students in many subjects that are widely practiced in Modern life leads them to modern secular tendencies, which lead to an insider secularization. The fact that female students are mostly traditional in discourse but modern in action on gender and religion makes this situation testable. (shrink)

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing (...) normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation. (shrink)

Women in the Crossfire seeks to understand the practice of honor killing from a variety of cultural and disciplinary perspectives and analyzes empirical research on honor killing, including a large original study published here for the first time. The book examines the root causes of honor killing both in human psychology and cultural evolution, and it recommends specific measures for protecting potential victims and ending honor killing altogether.

Advances in reproductive medicine have provided new, and much needed, hope for millions of people struggling with infertility. Gestational surrogacy is one such development that has been gaining popularity with infertile couples, especially those unable to benefit from other reproductive procedures such as In Vitro Fertilization. For many Muslim couples, however, surrogacy remains a nonviable option. Islamic scholars have deemed the procedure incompatible with Islam and have prohibited its use. This paper examines the arguments presented for proscribing surrogacy arrangements in (...) Sunni Islam in particular. These include preservation of lineage, exclusion of third parties in reproduction, upholding the rights of the child, and protection from the negative effects of surrogacy arrangements. The rationales for banning surrogacy are subsequently refuted utilizing Islamic law “Sharia”, bioethics, and medical evidence. The paper also presents reasons for why surrogacy is not only consistent with Sunni Islamic teachings, but is also both ethically justified and medically necessary. Lastly, Islamic scholars are urged to take into account the arguments presented in this paper and reconsider their rulings on the permissibility of surrogacy. (shrink)

Rapid developments in science and technology have resulted in novel discoveries, leading to new questions particularly related to human values and ethics. Every discovery and technology has positive and negative implications and affects human lives either directly or indirectly, involving all walks of life. Bioethical discourse in Malaysia must consider the multiracial and multireligious background of Malaysia and especially the Islamic view as the majority of Malaysians are Muslims and Islam is the religion of the federation. This article discusses several (...) selected bioethical issues in Malaysia by studying the application of maṣlaḥah (the public good) and mafsadah (evil and harms) in Malaysian Islamic rulings (fatwas). This article uses the critical interpretation approach, as this is an ethical, interpretive, textual, and contextual analysis. In a situation when there is a conflict between maṣlaḥah and avoidance of mafsadah, it is preferred to attempt to address both needs. However, if maṣlaḥah and avoidance of mafsadah are mutually exclusive, the decision to choose must be made by weighing (tarjīḥ) and choosing the one which is superior. The maṣlaḥah and mafsadah concepts play vital and significant roles in bioethical discourse to realize human essential interests, namely faith, life, lineage, intellect, and property, thus achieving maqāṣid al-sharīʿah (the ultimate goal of sharia). This concept helps in guiding bioethical discussions, especially in determining the priority between achieving benefits and avoiding harms. The application of this concept will also assist Malaysian authorities in formulating appropriate rulings, especially bioethical issues related to Malaysian Muslims’ lives. (shrink)

This comprehensive survey of contemporary Islam provides a philosophical and theological approach to the issues faced by Muslims and the question of global secularisation. Engaging with critics of modern Islam, Shabbir Akhtar sets out an agenda of what his religion is and could be as a political entity. Exploring the views and arguments of philosophical, religious and political thinkers, the author covers a raft of issues faced by Muslims in an increasingly secular society. Chapters are devoted to the Qurâean and (...) Islamic literature; the history of Islam; Sharia law; political Islam; Islamic ethics; and political Islamâes evolving relationship with the West. Recommending changes which enable Muslims to move from their imperial past to a modest role in the power structures of todayâes society, Akhtar offers a detailed assessment of the limitations and possibilities of Islam in the modern world. Providing a vision for an empowered yet rational Islam that distances itself from both Islamist factions and Western secularism, this book is an essential read for students and scholars of Islamic studies, religion, philosophy and politics. (shrink)

Islamic Perspectives on the Principles of Biomedical Ethics presents results from a pioneering seminar in 2013 between Muslim religious scholars, biomedical scientists, and Western bioethicists at the research Center for Islamic Legislation & Ethics, Qatar Faculty of Islamic Studies. By examining principle-based bioethics, the contributors to this volume addressed a number of key issues related to the future of the field. Discussion is based around the role of religion in bioethical reasoning, specifically from an Islamic perspective. Also considered is a (...) presentation of the concept of universal principles for bioethics, with a response looking at the possibility (or not) of involving religion. Finally, there is in-depth analysis of how far specific disciplines within the Islamic tradition -- such as the higher objectives of Sharia (maqāṣid al-Sharī'ah) and legal maxims (qawā'id fiqhīyah) -- can enrich principle-based bioethics. (shrink)

The conflict between Christianity and Islam is a core issue for all varieties of European neo-nationalist and nativist right-wing ideo­logical organisation, from populist and far-right parties to extra-parliamentary groups and individuals. As a mundane political-social critique, this defensive and nationalistic form of anti-Islamism focuses on the downsides of mass immigration from Northern Africa and the Middle­ East, stressing the incompatibility of gross gender inequality, sexual intolerance and religiously motivated Islamist terrorism as well as the theocratic sharia system of laws (...) with the secular European model of society. Antisemitism makes an appearance in the guise of the old Nazi concept which portrays ‘World Jewry’ as a community of international financial exploiters, allegedly inspired in their misdeeds by their religion. However, this notion is being countered by a stronger, pro­semitic ideology, portraying the state of Israel as an ally in the struggle against Islam. As ‘traditional’ European religions, Christianity and the different historical and local varieties of paganism serve as important points of positive identification. (shrink)

The Ottoman State contains many different ethnic elements which constituted a legal perspective. In this regard, the necessary precautions were taken to ensure that Muslims and non-Muslims live together peacefully in Vidin, a border city that was very important for the Western military expeditions of the Ottoman State known as “dār al-jihad wa-l-mujāhidīn” during the 18th century which set a historical example. The economic and social dimensions of the relations between the Muslim and non-Muslim population comprising the society in Vidin (...) who have shared the same city, neighborhood and public space during 1700-1750 were examined in this study and the conflicting subjects with regard to the ongoing relations between these two communities were tried to be determined. A total of 15 shari‘aregistries kept by the qāḍī (Muslim Judge) court for the related period located at the Oriental Department of National Library of Bulgaria constitute the main resources of the study. The shari‘aregistries that are the main resources of urban historical studies are full of countless examples that provide information on the relations between Muslims and non- Muslims in Vidin. The examination of these examples is of significant importance for putting forth the methods with which the nation system is applied by the Ottoman Empire as well as their opinions towards the non-Muslims they rule.SummaryVidin, located today in northwest Bulgaria was founded during the 1stcentury BC to the right of the River Danube by the Romans and named as Bononia. This settlement which was named as V’dinby the Muslims throughout the Middle Ages was transformed into a castle about 800 years after its foundation. The city that continuously changed hands due to its location at the border fell under the Ottoman rule after Battle of Nicopolis dated 1396. Vidin became one of the important border cities of the Ottoman against Serbia, Walachia and Hungary until the beginning of the 16thcentury. This importance of Vidin gradually decreased after the Ottoman Empire conquered Belgrade, Budin and Timişoara. Vidin retrieved its status as a border city against the Hungarians and the Wallachians after the Habsburgs dominated the region following the Great Turkish Wars that took place during 1683-1699, and thus regained its past importance. Even though the pressure influenced Vidin as a result disappeared with the 1739 Treaty of Belgrade, the conflicts between Austria and the Ottoman Empire did not end completely and continued throughout the 18thcentury. Vidin preserved its status as a first-degree border city for the Ottomans during the period of time, as examined in this study, which was also known as “dār al-jihad wa-l-mujāhidīn” starting from the beginning of the new century. Majority of the settled public were comprised of military classes in Vidin due to its geographical location where the Muslims and non-Muslims lived together. While the Muslim population was higher during the period of time following the establishment of the Ottoman rule, the non-Muslim population continued to increase throughout the 17thcentury reaching 23.961 taxpayer non-Muslim men in the 18thcentury. The Ottoman Empire based its ruling in Vidin, where almost the same number of Muslim and non-Muslims lived, on the principles of Islamic Law rules for non-Muslims. Since this legal system takes into consideration religious differences, non-Muslims were not held responsible from the prayers of Muslims and the actions that were not prohibited in their religion did not pose any contradictions with regard to Islamic law. The Ottoman Empire did not apply the Islamic Law on its non-Muslim citizens living in Vidin and allowed them to continue their social and religious lives based on their own religious principles in a special legal stance. Thanks to the system applied, the Muslim and non-Muslim community in Vidin were able to continue their daily lives without serious conflicts.The main purpose of this study is to explain how the Muslim and non-Muslim population related with each other in the city of Vidin during the second half of the 18thcentury and the dynamics with which they continued these relationships. Following this purpose, the cases between Muslims and non-Muslims in court records kept by the Vidin sharia court during 1700-1750 are examined. The relations between Muslims and non-Muslims are subject to two different classifications as economic and social issues, and each topic is supported and explained as sub-titles using different case examples. Majority of the relations between Muslims and non-Muslims in the city are economic according to Vidin court records. In this regard, it seems that there is no religious discrimination between the artisan groups in the city. In addition, many home, land, store and vineyard sales took place between the Muslims and non-Muslims which were resolved in the court mostly for registration purposes. It can also be understood from the court records that there were commercial relations between the Muslims and non-Muslims, that they had partnerships and that they lent money to each other which can be seen as an example of interpersonal support. Various social relationships were also established between the Muslim and non-Muslim population in Vidin during the period examined in this study. Even though non-Muslims had the right to carry out marriages and resolve their issues at their own community courts, it was observed that they frequently applied to the sharia courts for these purposes. They have developed witnessing relationships in such cases with the Muslims. The non-Muslim community did not experience any issues in finding Muslim witnesses for their cases with the Muslims; many Muslims acted as witness against their fellow Muslims without any hesitation. Two cases of injuries and few robbery issues were reflected in the courts of Vidin between the Muslims and non-Muslims during the fifty-year period examined in the study and no incident ending with death took place. Various singular cases took place between the two groups which were resolved at the sharia courts without escalating into severe conflicts. When all court records are taken into consideration, it can be understood that the Muslim judge of Vidin did not make any distinctions between the non-Muslims and Muslims and that he did not compromise from the principle of fairness. Both the Muslims and non-Muslims managed to live comfortably by acting carefully so as to not cross their own lines in both their economic and social relations in Vidin. When the faith-related conflicts that are taking place in our day in many regions of the world despite the level of education and culture are taken into consideration, it is very meaningful that people living in Vidin during the first half of the 18thcentury managed to live in peace. (shrink)