Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority (...) of Islamic law in this area, the paper argues that classical Islamic rulings pertaining to paternity issues continue to hold higher authority even in cases of conflict with modern technology-based alternatives. Through closer analysis, the paper traces the emergence of a differentiation in the function of DNA tests between identity and paternity verification. While the former is accepted without reservation, the latter is approved only when it does not violate the rulings of Islamic law. (shrink)
Resumo Uma das reivindicações centrais dos movimentos políticos islâmicos é cumprir ou impor a sharī'a . Mas a visão que esses movimentos têm destoa da maneira como os sistemas jurídicos muçulmanos funcionaram historicamente. A própria definição de sharī'a , sua relação com o poder político, e sua aplicação num processo que leva a uma decisão jurídica, foram simplificados durante o processo de codificação dos séculos XIX e XX, e os movimentos islamistas são herdeiros dessa concepção "ocidentalizada" de sharī'a. Frequentemente traduzido (...) com "lei religiosa" ou "direito islâmico" o termo sharī'a não corresponde ao conceito ocidental de "lei" nem tampouco engloba todo o campo do direito dos povos muçulmanos. Paralelamente à sharī'a , também há o qānūn (o direito do soberano), e as regras derivadas do costume ( 'urf , adalat ). O objetivo deste artigo é analisar a formação da dualidade entre sharī'a e qānūn no direito muçulmano até a codificação da sharī'a no século XX e a dissolução dessa dualidade nas ideologias islamistas contemporâneas. Palavras-chave: sharī'a; islamismo; direito muçulmano. One of the main claims of contemporary Islamic political movements is to implement the sharia. But the view of the sharia held by those movements diverges from the Muslim judicial systems as they actually functioned throughout history. The very definition of sharia, its relation with the political power, and its implementation in specific cases, were simplified during the process of codification that took place between the 19 th and 20 th centuries, and contemporary Islamic movements inherited this "westernized" conception of sharia. Though often translated as "Islamic law", the term does not correspond exactly to the Western concept of "law", and neither does it comprise the whole field of law among Muslim peoples. Parallel to the sharia, there is also the qānūn (the law of the ruler), and the rules derived from costume ( 'urf, adalat ). This article intends to analyze the formation of the duality between sharia and qānūn in Islamic law until the codification of the sharia in the 20 th century, and the dissolution of this duality in contemporary Islamist ideologies. Keywords: sharia; Islamism; Islamic law. (shrink)
In Islamic law paternity is treated as a consequence of a licit sexual relationship. Since DNA testing makes a clear distinction between legal and biological paternity possible, it challenges the continued correlation between paternity and marriage. This article explores the foundations of paternity regulations in the Islamic ethico-legal tradition, with a particular focus on what is termed here “the licit sex principle,” and investigates the extent to which a harm-based argument can be made either by appeal to or (...) against Islamic paternity regulations. It argues that in Islamic bioethics the definition of harm and its boundaries is a function of both: (1) identification of legal and religious rights and the extent to which these rights are violated; and (2) balancing and reconciling perceived harm against both specific principles in relation to a given issue and also the overarching objectives of Islamic law. The article is divided into three main sections addressing the Islamic legal, ethical, and bioethical dimensions of paternity. (shrink)
Machine generated contents note: 1. Spoken, intended and problematic divorce in Hanafi Fiqh; 2. Between person and property - slavery in Qudūrī's Mukhtasar; 3. Pig, purity and permission in Mālikī slaughter; 4. Islamic and other perspectives on evil; 5. The language of love in the Qur'ān; 6. Virtue and limits in the ethics of friendship 7. Drinking and drunkenness in Ibn Rushd.
One of the ways Islamic tradition addresses questions of military ethics is through inquiries into the shari'a, indicating the ideal way of life and usually rendered as Islamic 'law'. Discussion of the shari?a includes an extended conversation concerning the justification and conduct of war. The work of al-Shaybani (d. 804) and other early scholars in the Hanafi school illustrates an important moment in this conversation, establishing precedents to which subsequent generations of Muslims (including contemporary Muslims) must respond. Further, (...) the accomplishments of these scholars provide an important example to all those engaged in thinking about military ethics. (shrink)
There is burgeoning interest in the field of “Islamic” bioethics within public and professional circles, and both healthcare practitioners and academic scholars deploy their respective expertise in attempts to cohere a discipline of inquiry that addresses the needs of contemporary bioethics stakeholders while using resources from within the Islamic ethico-legal tradition. This manuscript serves as an introduction to the present thematic issue dedicated to Islamic bioethics. Using the collection of papers as a guide the paper outlines several (...) critical questions that a comprehensive and cohesive Islamic bioethical theory must address: (i) What are the relationships between Islamic law (Sharīʿah), moral theology (uṣūl al-Fiqh), and Islamic bioethics? (ii) What is the relationship between an Islamic bioethics and the lived experiences of Muslims? and (iii) What is the relationship between Islamic bioethics and the state? This manuscript, and the papers in this special collection, provides insight into how Islamic bioethicists and Muslim communities are addressing some of these questions, and aims to spur further dialogue around these overaching questions as Islamic bioethics coalesces into a true field of scholarly and practical inquiry. (shrink)
Although the Islamic religion is well known, many people are less familiar with Sufism—the esoteric component of Islam. The Secret of Islam explores the mystical path of Sufism, which focuses on love and compassion. Sections proceed through the levels of Sufism: Journey of the Disciple, Actions, Spiritual Journey of the Seeker, and Flowering of the Perfect Human.
Islamic family law plays a significant role in minimizing the unpleasant effects of the family break up faced by the divorced women and their children by protecting their rights to financial support after divorce. This study undertakes to discuss the historical development of the financial rights after divorce applicable among the Muslims in the pre and post colonial periods, particularly with reference to the iddah maintenance, mut’ah, arrears of maintenance, and child maintenance. The study indicates that despite the provisions (...) were inconformity with the Islamic principles, the applications were restricted and influenced by the Shafi’i madhhab. However, the amount of iddah maintenance and mut’ah were substantial taking into account the standard of living of the Malay society in the 15th and 16th century. This means that the welfare of the divorced women was taken care of since the codification of the Islamic law and its implementation in the Malay society. (shrink)
This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it (...) can confirm or corroborate what is established by source texts endowed with divine authority. -/- This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. -/- By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform. -/- . (shrink)
By the summer of 2001, most of Iranhad been suffering a three-year drought, theworst in recent history. Water rationing was inplace in Tehran and other cities, and largeproportions of the country's crops andlivestock were perishing. Yet many academicsand other experts in Iran insist that the watercrisis is only partly drought-related, andclaim that mismanagement of water resources isthe more significant cause. Underlying thisdiscussion is a complex of overlapping yetoften conflicting ethical systems – Iranian,Islamic, and modernist/industrialist – whichare available to inform (...) water policy in Iran. Areview of the various arguments about thenature of the crisis and the range of solutionsthat have been proposed, including precedentsfrom traditional Iranian water management andthe ethics of water use in Islamic law,suggests that Iran's own cultural heritageprovides alternatives to wholesale adoption ofWestern models. (shrink)
A comprehensive paradigm of environmental ethics should encompass two things: (1) a particular way of life, and (2) a path to achieve that ideal. An effective paradigm must also be internally consistent, yet externally workable in the real world. On the whole, the modern environmental movement has failed to provide these essential components and qualities in its associated philosophies, most of which suffer from being too abstract or too utopian.This paper suggests that Islam, as a religion and as a body (...) of knowledge, is capable of providing its followers with a comprehensive and practical system of environmental ethics. The basic principles and guidelines of the faith represent the conceptual ideal, while Islamic institutions and laws provide the operational components of an ethical system. (shrink)
When Muslims thought of establishing milk banks, religious reservations were raised. These reservations were based on the concept that women's milk creates ‘milk kinship’ believed to impede marriage in Islamic Law. This type of kinship is, however, a distinctive phenomenon of Arab tradition and relatively unknown in Western cultures. This article is a pioneer study which fathoms out the contemporary discussions of Muslim scholars on this issue. The main focus here is a religious guideline (fatwa) issued in 1983, referred (...) to in this article as ‘one text’, by the Egyptian scholar Yūsuf al-Qaradāwī who saw no religious problem in establishing or using these banks. After a number of introductory remarks on the ‘Western’ phenomenon of milk banks and the ‘Islamic’ phenomenon of ‘milk kinship’, this article analyses the fatwa of al-Qaradāwī‘one text’ and investigates the ‘two contexts’ in which this fatwa was discussed, namely, the context of the Muslim world and that of Muslim minorities living in the West. The first context led to rejecting the fatwa and refusing to introduce the milk banking system in the Muslim world. The second context led to accepting this system and thus allowing Muslims living in the West to donate and receive milk from these banks. Besides its relevance to specialists in the fields of Islamic studies, anthropology and medical ethics, this article will also be helpful to physicians and nurses who deal with patients of Islamic background. (shrink)
This article examines the, hitherto comparatively unexplored, reception of Greek embryology by medieval Muslim jurists. The article elaborates on the views attributed to Hippocrates (d. ca. 375 BC), which received attention from both Muslim physicians, such as Avicenna (d. 1037), and their Jewish peers living in the Muslim world including Ibn Jumayʽ (d. ca. 1198) and Moses Maimonides (d. 1204). The religio-ethical implications of these Graeco-Islamic-Jewish embryological views were fathomed out by the two medieval Muslim jurists Shihāb al-Dīn al-Qarāfī (...) (d. 1285) and Ibn al-Qayyim (d. 1350). By putting these medieval religio-ethical discussions into the limelight, the article aims to argue for a two-pronged thesis. Firstly, pre-modern medical ethics did exist in the Islamic tradition and available evidence shows that this field had a multidisciplinary character where the Islamic scriptures and the Graeco-Islamic-Jewish medical legacy were highly intertwined. This information problematizes the postulate claiming that medieval Muslim jurists were hostile to the so-called ‘ancient sciences’. Secondly, these medieval religio-ethical discussions remain playing a significant role in shaping the nascent field of contemporary Islamic bioethics. However, examining the exact character and scope of this role still requires further academic ventures. (shrink)
We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists apply when deliberating on bioethical issues. We present a typology of these methodological elements, giving particular attention to the meta-ethical techniques and devices that traditional Islamic ethicists employ in the absence of decisive or univocal authoritative texts or in the absence of established transmitted cases. In describing how traditional Islamic ethicists work, we demonstrate that these experts possess a variety of discursive tools. We find that (...) the ethical responsa—i.e., the products of the application of the tools that we describe—are generally characterized by internal consistency. We also conclude that Islamic ethical reasoning on bioethical issues, while clearly scripture-based, is also characterized by strong consequentialist elements and possesses clear principles-based characteristics. The paper contributes to the study of bioethics by familiarizing non-specialists in Islamic ethics with the role, scope, and applicability of key Islamic ethical concepts, such as “aims” (maqāṣid), “universals” (kulliyyāt), “interest” (maṣlaḥa), “maxims” (qawā`id), “controls” (ḍawābit), “differentiators” (furūq), “preponderization” (tarjīḥ), and “extension” (tafrī`). (shrink)
Islamic religious norms are important for Islamic bioethical deliberations. In Muslim societies religious and cultural norms are sometimes confused but only the former are considered inviolable. I argue that respect for Islamic religious norms is essential for the legitimacy of bioethical standards in the Muslim context. I attribute the legitimating power of these norms, in addition to their purely religious and spiritual underpinnings, to their moral, legal, and communal dimensions. Although diversity within the Islamic ethical tradition (...) defies any reductionist or essentialist reconstruction, legitimacy is secured mainly by approximation of Islamic ethical ideals believed to be inherent in the scriptural texts, rather than by the adoption of particular dogmatic or creedal views. With these characteristics, Islamic (bio) ethics may provide useful insights for comparative ethics and global bioethics. (shrink)
Neutrality, liberalism, and islam integration in Europe and America -- Limits of excluding: the French burqa law of 2010 -- Limits of including: Germany's reticence to "cooperate" with organized Islam -- "Reasonable accommodation" and the limits of multiculturalism in Canada -- The dog that didn't bark: Islam and religious pluralism in the United States -- Islam and identity in the liberal state.
With the growth of Muslim economies, both at the national and international levels, the issue of riba (interest, usury) poses great difficulties. The charging or receiving of riba has been forbidden in Islam, which presents a major problem to financial institutions that charge interest. Muslim legal scholars belonging to all schools of legal thought have reinterpreted scriptural sources to accommodate drastic economic changes; practical considerations have forced Muslim groups, both of Sunni and Shi'ite persuasion, to justify interest-based banking and other (...) institutions of finance. As a matter of religion, the status of interest is far from resolved. However, within the legal tradition, there are ethical principles like maslahah (public good) and la darar wa la dirar (no harm, no harassment) that will determine the future direction of a Muslim search for a morally responsible economy. (shrink)
Abstract. In January 1985, about 80 Muslim religious scholars and biomedical scientists gathered in a symposium held in Kuwait to discuss the broad question “When does human life begin?” This article argues that this symposium is one of the milestones in the field of contemporary Islamic bioethics and independent legal reasoning (Ijtihād). The proceedings of the symposium, however, escaped the attention of academic researchers. This article is meant to fill in this research lacuna by analyzing the proceedings of this (...) symposium, the relevant subsequent developments, and finally the interplay of Islam and the West as a significant dimension in these discussions. (shrink)
This paper is a rejoinder to papers by Sabina Lovibond, Nicholas Wolterstorff, Sumner B. Twiss, G. Scott Davis, M. Cathleen Kaveny, and John Kelsay on the author's recent book "Democracy and Tradition". The argument covers a host of topics, ranging from epistemology and methodology to human rights, the common law, and Islamic ethics.
Sharia is a religious legal system that is based on the divine mandates revealed in the Quram and the Sunna as has been interpreted bu the main Islamic Schools of Law, both Sunni and Shiita. In orden to understand what is at stake, distinctions between the main Islamic traditions in this ground was one of the factors that have led to an imprecise use of terminology of the Quram which refers to the Islamic divorce, that is: the (...) Talaq. Its confusion has also been reflected in the case law of the Spanish Supreme Court which regards to the effects of Talaq under the Spanish Civil Law. Bilateral Accord concluded betwen the Spanish Goverment and the Islamic Religious Comunities of Spain has not regulated the requirements of the recognition of the islamic divorce in our legal system. Nevertheless, whether repudiation has been made under the Civil Law of a Muslim State, it could be recognized in Sapin under the rules of procedure of the International Private Law. The main purpose of such recognition is to guarantee the basic civil rights and liberties of the woman who has been repudiated. (shrink)
The Power of Sovereignty attempts to understand the ideas and thoughts of Sayyid Qut whose corpus of work and, in particular, his theory of hakimiyyah (sovereignty) is viewed as a threat to nationalistic government and peace worldwide. This book provides a detailed perspective Sayyid Qutb's writings and examines: · The relation between the specifics of the concept of hakimiyyah and that of jahiliyyah · The force and intent of these two concepts · How Qutb employs their specifics to critically assess (...) the political establishments like nationalism and capitalism · The influence of the two concepts on Egypt's radical Islamic movements, where many of al'Qa'ida's lieutenants, officers, ideologues and conspirators were fomented This book provides timely and topical understanding of the intellectual origins and conceptual and methodological thinking of radical Islamist movement in the modern world. The Power of Sovereignty is essential reading for those with interests in political Islam and religious politics. (shrink)
This book introduces Islam as the religion of inclusive monotheism, supporting a holistic approach toward the entire creation, including man and humanity, and taking into consideration directly all his physical, rational, emotion, and spiritual needs.
Chapter 4, verse 34 of the Qur'an permits husbands to physically discipline recalcitrant wives. Modern Muslims who find this husbandly privilege discomfiting often rely on Muhammad's prophetic practice to mitigate the meaning of this verse. In light of Muhammad's example of never hitting his own wives, as found in one prophetic report, they reinterpret the verse as restricting and/or voiding a husband's right to physically discipline his wife. This essay provides a critical and expository survey of prophetic reports related to (...) the husbandly privilege to physically discipline wives. The essay argues that the modernists are correct in positing that Muhammad's prophetic practice was to morally censure husbands who hit their wives. However, taken as a whole, it is impossible to ignore that Muhammad's example also unilaterally upheld physical discipline as a husband's marital right. (shrink)
The goal of this essay is to illustrate how Ebrahim Moosa's method of “contrapuntal reading” can be applied fruitfully to the Sunni hadith literature. My case study is the set of penalties (hudud) for illicit sex, which include flogging, stoning, and banishment. I propose a fresh reading of these sacred texts that brings to the fore the ethical dimension of Prophet Muhammad's conduct, especially his strong reluctance to apply these measures. I conclude by identifying four ethical problems that the stoning (...) penalty raises and suggest how the hadith literature can be read to argue against the validity of this specific punishment. (shrink)