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Author: Hossam Sabry Othman Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1642058785 Category : Law Languages : en Pages : 274
Book Description
THE CONTEMPORARY postnormal world is posing for Muslims ever strange ethical, financial, and medical dilemmas for which modern jurists are expected to provide a suitable theological response. Yet even with an encyclopedic knowledge of Islamic law, the task facing them is daunting. In the real world this level of complexity has led to chaos in fatwa issuance with many scholars voicing concern at the direction to which things are moving and calling for the process to be regulated. This book critiques fatwa issuance in the modern context and calls for application of a synthesized approach using the mechanism of collective ijtihad to formulate rulings and overcome current weaknesses. It carefully examines central juristic concepts and puts forward consultative ijtihad as a viable alternative to the controversial classical ijma' approach which may be difficult to realize in the contemporary world. The author argues that fatwas become questionable when jurists, out of their depth, fail to grasp concepts which only engagement with specialists can fully elucidate, or give way to top down financial and/or political pressure from the executives of institutions employing them. Matters are compounded by the face of fatwas having undergone a radical transformation in modern times with online programs and social media often a go-to source for Muslims. The author exposes the world of modern fatwa pronouncements – packaged, supplied and broadcast in a matter of minutes, under a mentality of one-fatwa-fits-all. In a bid for much needed reform he calls for a reassessment of current institutional practices contending that Muslim societies need not be vulnerable to the demands of a media driven, technocratic age, with rapid shifts in ethical norms, but that, in the interests of a healthy functioning society, issue fatwas cognizant of the wider modern context, specialist knowledge, as well as the cultural diversity that exists in the common Ummatic identity.
Author: Hossam Sabry Othman Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1642058785 Category : Law Languages : en Pages : 274
Book Description
THE CONTEMPORARY postnormal world is posing for Muslims ever strange ethical, financial, and medical dilemmas for which modern jurists are expected to provide a suitable theological response. Yet even with an encyclopedic knowledge of Islamic law, the task facing them is daunting. In the real world this level of complexity has led to chaos in fatwa issuance with many scholars voicing concern at the direction to which things are moving and calling for the process to be regulated. This book critiques fatwa issuance in the modern context and calls for application of a synthesized approach using the mechanism of collective ijtihad to formulate rulings and overcome current weaknesses. It carefully examines central juristic concepts and puts forward consultative ijtihad as a viable alternative to the controversial classical ijma' approach which may be difficult to realize in the contemporary world. The author argues that fatwas become questionable when jurists, out of their depth, fail to grasp concepts which only engagement with specialists can fully elucidate, or give way to top down financial and/or political pressure from the executives of institutions employing them. Matters are compounded by the face of fatwas having undergone a radical transformation in modern times with online programs and social media often a go-to source for Muslims. The author exposes the world of modern fatwa pronouncements – packaged, supplied and broadcast in a matter of minutes, under a mentality of one-fatwa-fits-all. In a bid for much needed reform he calls for a reassessment of current institutional practices contending that Muslim societies need not be vulnerable to the demands of a media driven, technocratic age, with rapid shifts in ethical norms, but that, in the interests of a healthy functioning society, issue fatwas cognizant of the wider modern context, specialist knowledge, as well as the cultural diversity that exists in the common Ummatic identity.
Author: Nadirsyah Hosen Publisher: Edward Elgar Publishing ISBN: 1781003068 Category : Law Languages : en Pages : 487
Book Description
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Author: Anver M. Emon Publisher: ISBN: 0199679010 Category : Law Languages : en Pages : 1009
Book Description
A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
Author: Nadia Mahmoud Mostafa Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1642059137 Category : Religion Languages : en Pages : 77
Book Description
The work attempts to present an Islamic paradigm of International Relations, whilst studying and critiquing the knowledge-power nexus of current and historical discourse in International Relations. It explores the historical development of dominant paradigms intrinsic to the discipline of IR as studied from a Euro-centric, Western perspective, and questions their efficacy in relation to the socio-economic-religious realities and context of the Muslim world. Terminologies and concepts are developed as integral aspects of an Islamic Civilizational Paradigm of International Relations, with premises rooted in the foundational sources of the Qur'an and the Sunnah. In constructing an Islamic Civilizational Paradigm of International Relations, a product of four decades of teaching and research at Cairo University, the author simultaneously challenges the place that Islam broadly occupies within secular paradigms currently dominating International Relations theory. She further explores the type of research questions and analysis that need to be addressed for an Islamic Civilizational Paradigm to have a viable future.
Author: Said Shabbar Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1565649753 Category : Religion Languages : en Pages : 158
Book Description
In the early centuries of Islam the response of Muslims to problem-solving the various issues and challenges that faced their rapidly expanding community was to use intelligence and independent reasoning based on the Qur’an and Sunnah to address them. This practice is known as ijtihad. As the centuries wore on however the gates of ijtihad were generally closed in favor of following existing rulings developed by scholars by way of analogy. And as reason and intellect, now held captive to madhhabs (schools of thought) and earlier scholarly opinion stagnated, so did the Muslim world. Ijtihad and Renewal is an analysis of ijtihad and the role it can play for a positive Muslim revival in the modern world, a revival based on society-wide economic and educational reform and development. It makes the case that the grafting of solutions rooted in the past onto the complex and unique realities of our own age, in a one-size-fits-all perspective, has paralysed the vitality of Muslim thought, and confused its sense of direction, and that to revive the Muslim world from its centuries of decline and slumber we need to revive the practice of ijtihad. Focusing attention on thinking through solutions for ourselves based on our own times and context, using the Qur’an and Sunnah, as well as the wisdom and experience of the past distilled from these, as tools in this endeavor whilst not the only solution, is certainly a viable and powerful one.
Author: Irshad Manji Publisher: Simon and Schuster ISBN: 1471104516 Category : Social Science Languages : en Pages : 304
Book Description
Irshad Manji's message of moral courage, with stories about contemporary reformers such as Martin Luther King, Jr., Gandhi, and Islam's own Gandhi, inspire and show the way to practicing faith without fear. Irshad addresses all people, Muslim and non-Muslim alike, in this universal message about the importance of independent thought and internal strength, of love, liberty, free speech, and the pursuit of happiness. Allah, Liberty, and Love is about creating choices beyond conforming or leaving the faith, which is what Manji hears from young Muslims who write to her in frustration, whose emails, letters, and conversations are included in this book. Manji writes, "I'll show struggling Muslims how to embrace a third option: reforming ourselves." And she recounts many affecting stories from young people who have contacted her for advice on how to step out of limiting views of Islam and the restrictions they put on life, love, family, and careers.
Author: Irshad Manji Publisher: St. Martin's Press ISBN: 9780312326999 Category : Religion Languages : en Pages : 240
Book Description
"I have to be honest with you. Islam is on very thin ice with me....Through our screaming self-pity and our conspicuous silences, we Muslims are conspiring against ourselves. We're in crisis and we're dragging the rest of the world with us. If ever there was a moment for an Islamic reformation, it's now. For the love of God, what are we doing about it?" In blunt, provocative, and deeply personal terms, Irshad Manji unearths the troubling cornerstones of mainstream Islam today: tribal insularity, deep-seated anti-Semitism, and an uncritical acceptance of the Koran as the final, and therefore superior, manifesto of God. In this open letter to Muslims and non-Muslims alike, Manji asks arresting questions. "Who is the real colonizer of Muslims - America or Arabia? Why are we all being held hostage by what's happening between the Palestinians and the Israelis? Why are we squandering the talents of women, fully half of God's creation? What's our excuse for reading the Koran literally when it's so contradictory and ambiguous? Is that a heart attack you're having? Make it fast. Because if more of us don't speak out against the imperialists within Islam, these guys will walk away with the show." Manji offers a practical vision of how the United States and its allies can help Muslims undertake a reformation that empowers women, promotes respect for religious minorities, and fosters a competition of ideas. Her vision revives Islam's lost tradition of independent thinking. This book will inspire struggling Muslims worldwide to revisit the foundations of their faith. It will also compel non-Muslims to start posing the important questions without fear of being deemed "racists." In more ways than one, The Trouble with Islam is a clarion call for a fatwa-free future.
Author: Muhammad Al-Tahir Ibn Ashur Publisher: IIIT ISBN: 1565644220 Category : Islam Languages : en Pages : 489
Book Description
Shaikh Muhammad al-Tahir ibn Ashur is the most renowned Zaytuna Imam and one of the great Islamic scholars of the 20th century. The publication of this translation of Shaikh Ibn Ashur’s Treatise on Maqasid al-Shari’ah is a breakthrough in studies on Islamic law in the English language. In this book, Ibn Ashur proposed Maqasid as a methodology for the renewal of the theory of Islamic law, which has not undergone any serious development since the era of the great imams. Ibn Ashur – quite courageously – also addressed the sensitive topic of the intents/Maqasid of Prophet Muhammad (SAAS) behind his actions and decisions. He introduced criteria to differentiate between the Prophetic traditions that were meant to be part of Islamic law and the Prophetic actions/ sayings that were meant to be for the sake of specific purposes such as political leadership, court judgment, friendly advice, and conflict resolution. But Ibn Ashur’s most significant contribution in this book has been the development of new Maqasid by coining new, contemporary, terminology that were never formulated in traditional usul al-fiqh. For example, Ibn Ashur developed the theory of the ‘preservation of lineage’ into ‘the preservation of the family system’, the ‘protection of true belief’ into ‘freedom of beliefs’, etc. He also introduced the concepts of ‘orderliness’, ‘natural disposition’, ‘freedom’, ‘rights’, ‘civility’, and ‘equality’ as Maqasid in their own right, and upon which the whole Islamic law is based. This development opens great opportunities for Islamic law to address current and real challenges for Muslim societies and Muslim minorities.
Author: Yahaya Yunusa Bambale Publisher: African Books Collective ISBN: 9789780232467 Category : Islamic law Languages : en Pages : 0
Book Description
The dearth of materials in the English language in the somewhat complex subject matter of classical jurisprudence is addressed in this study. It highlights the uniqueness of Islamic jurisprudence as a developed system because of its exactitude in terms of meaning, province and scope. The book serves as an introductory text on the basic principles of Islamic jurisprudence for judges, lawyers, academicians, especially law lecturers, students of law specialising in Islamic law, and the general public. The contents cover: Introduction to Islamic jurisprudence; Shari'ah - Islamic law; Obligations and duties; Duties created by the Hukm (rule of law); Declaratory rule (Hukm Wad'I; Legal capacity (Ahliyyah); Haqq ; The sources of Islamic law; The primary sources; Holy Qur'an as the primary source; Ijma - consensus of opinion; The secondary sources; Istihsab - juristic equity or preference; Maslahah Mursalah or Istislah - considerations of public interest or extended analogy; Istishab - presumption of continuity; Urf - custom; Sadd al-Dhara'I; Ijtihad]; Bibliography; Index
Author: Hossam Sabry Othman
Author: Hossam Sabry Othman
Author: Nadirsyah Hosen
Author: Anver M. Emon
Author: Nadia Mahmoud Mostafa
Author: Said Shabbar
Author: Irshad Manji
Author: Irshad Manji
Author: Muhammad Khalid Masud
Author: Muhammad Al-Tahir Ibn Ashur
Author: Yahaya Yunusa Bambale