Bu çalışma, Türkiye’deki Şer’i yönetişim aktörlerinden olan banka içi danışma komitelerinin Şer’i yönetişimdeki yeri ve önemini keşfetmeyi amaçlamaktadır. Bu minvalde nitel araştırma desenlerinden olan durum çalışması tercih edilmiş ve 5 danışma komitesi üyesi ve 2 danışma komitesi başkanıyla yarı yapılandırılmış mülakatlar gerçekleştirilmiştir. Mülakatlar neticesinde toplam 625 dakikalık ses kayıtları elde edilerek çözümlenmiş ve 85 sayfalık metin elde edilmiştir. Elde edilen metinler ve görüşme notları ATLAS.ti programı aracılığıyla analiz edilerek BİDK, Şer’i yönetişim ve Merkezi Danışma Kurulu olmak üzere 3 ana tema (...) ve bunlara bağlı 26 alt temaya ulaşılmıştır. İlgili temalar BİDK’nin Türkiye’deki Şer’i yönetişimdeki yeri ve önemini keşfetmek açısından zengin bir içerik sunmaktadır. Türkiye’deki Şer’i yönetişimi ele alan çalışmaların literatürde sınırlı olması ve bu çalışmanın hem saha çalışmasına hem de Türkiye’deki Şer’i yönetişimde yer alan, katılım bankacılığının tarihine eş bir ömre sahip BİDK’ları konu etmesi literatürde özgün bir yere sahip olacağına işaret etmektedir. Islamic finance has developed the Shariah governance mechanism to ensure compliance and control of IFIs with the principles of Islamic law. However, the levels of Shariah governance are different from each other due to the different legal affiliations of each country, the level of development of Islamic finance, and regime differences. International Islamic financial institutions such as Islamic Financial Services Board and The Accounting and Auditing Organization for Islamic Financial Institutions have published standards to define the general lines of Shariah governance and have brought Shariah governance practices to a certain point, at least in principle. After the Shariah governance standards of IFSB and AAOIFI, studies on Shariah governance have increased rapidly. By 2010, while there were only 18 publications on Shariah governance in the two most well-known indexes, this number increased to 42 in 2015 and 159 in 2020. This academic interest shows that Shariah governance issues are followed closely. In this context, there have been some remarkable developments at the regulatory and supervisory level in terms of Shariah governance in Turkey, and the TKBB Advisory Board was established in 2018, bringing one step closer to international Shariah governance practices. (shrink)

With the rapid advancements made in biotechnology, bioethical discourse has become increasingly important. Bioethics is a multidisciplinary and interdisciplinary field that goes beyond the realm of natural sciences, and has involved fields in the domain of the social sciences. One of the important areas in bioethical discourse is religion. In a country like Malaysia, where Muslims make up the majority of the population, Islam plays a crucial role in providing the essential guidelines on the permissibility and acceptability of biotechnological applications (...) in various fields such as medicine, agriculture, and food processing. This article looks at the framework of a complementary model of bioethics derived from the perspective of Islam. The framework is based on ‘maqasid al-shariah’ (purposes or objectives of Islamic law) which aims to protect and preserve mankind’s faith, life, intellect, progeny, and property. It is proposed that ‘maqasid al-shariah’ be used as a pragmatic checklist that can be utilized in tackling bioethical issues and dilemmas. (shrink)

Ever since the Arab Spring revolutions started, numerous journalists, academics and Middle East experts have been appearing on news channels, websites and radio talk shows warning of an impending and inevitable Islamist takeover should free elections be held in the post-Arab Spring Middle East. Their winning of free elections would almost certainly be followed with the implementation of the strictest interpretations of shariah. Was it so? The aim of this article is to answer the following question: Did the ‘Arab (...) Spring’ pave the way for shariah-based constitutions? At the time of this writing (mid-2013) certain reversals of the Arab Spring are obviously taking place, hence this article is restricted to the immediate post-Arab Spring period. (shrink)

In this bold addition to Oxford's What Everyone Needs to Know® series, John L. Esposito and Natana DeLong-Bas offer a guide to the often-discussed but seldom-understood concept of Sharia, responding to misunderstandings and distortions, as well as providing answers to questions about the origin, nature, and content of Sharia.

Based on a sample of 54 Islamic indices over the period 2007–2014, we investigate the effect of Shariah board members' educational background on Islamic indices' risk and return characteristics via the screening criteria. Using a capital asset pricing model benchmark analysis, we assess the sensitivity of Islamic indices to their conventional peers in terms of beta and derive a measure of return (Jensen's alpha). First, we observe that the higher the number of members in common among the boards, the (...) higher the risk–return profile of Islamic indices. Second, commonalities among board members lead to standardization of the screening criteria and to similar Islamic indices' performance. Third, we show that different betas across providers depend on the screening criteria, while the economic educational background of board members affects performance in terms of Jensen's alpha. Our study aims at contributing to the governance literature related to board composition and its importance as a possible driver of performance. In addition, given the impressive growth that Islamic finance has experienced during the last decade, this topic is of great interest to the asset management industry. (shrink)

Maqasid al-Shariah based Islamic bioethics is an Islamic bioethics concept which uses the objectives of the Shariah as its approach in analysing and assessing bioethical issues. Analysis based on maqasid al-Shariah based Islamic bioethics will examine any bioethical issues from three main aspects namely intention, method, and output or final goal of the studied issues. Then, the evaluation will be analysed from human interest hierarchy, inclusivity, and degree of certainty. The Islamic bioethics concept is a manifestation of (...) dynamic Islamic jurisprudence which can overcome new complex and complicated bioethical issues such as tri-parent baby technology issues. Therefore, this article will introduce and explain the concept of maqasid al-Shariah based Islamic bioethics and outline a general guidance of maqasid al-Shariah based Islamic bioethics to determine a maqṣad based on standards of human good or well-being and harm. (shrink)

Padela and his contributors address a hitherto unexplored dimension of Islamic bioethics: the dynamics and tensions between Muslim medical doctors and Islamic jurists. What happens, and what should happen, when ancient faith and modern medicine both make claims on care for the ill? What, at the end of the day, constitutes true 'Islamic bioethics?' Includes a foreword and a chapter by Ebrahim Moosa.

The comprehensiveness of Islamic law has been questioned seriously in the modern period by Muslim reformists like Rashīd Riḍā. Such reformists have used as evidence Qur'anic verses and Prophetic reports that seem to state clearly that the strictures of Islamic law are few and limited and that Muslims should not extend them to all areas of life. How could the Shariah have developed as a holistic and exhaustive body of law in light of such evidence? Looking back at earlier (...) Muslim scholars from the ninth to the eighteenth centuries, however, we see that these Qur'anic verses and Prophetic edicts were never understood in this way. They were either diffused with various hermeneutic strategies or understood as applying to debates unrelated to the comprehensiveness or minimalism of the Shariah. (shrink)

Rapid development in the area of assisted reproductive technology, has benefited mankind by addressing reproductive problems. However, the emergence of new technologies and techniques raises various issues and discussions among physicians and the masses, especially on issues related to bioethics. Apart from solutions provided using conventional bioethics framework, solutions can also be derived via a complementary framework of bioethics based on the Higher Objectives of the Divine Law in tackling these problems. This approach in the Islamic World has been applied (...) and localised in the Malaysian context. Thus, this paper highlights a conceptual theoretical framework for solving current bioethical issues, with a special focus on ART in the Malaysian context, and compares this theory with conventional theories of bioethics. (shrink)

BackgroundIn Saudi clinical settings, benevolent family care that reflects strongly held sociocultural values is commonly used to justify overriding respect for patient autonomy. Because the welfare of individuals is commonly regarded as inseparable from the welfare of their family as a whole, these values are widely believed to obligate the family to protect the welfare of its members by, for example, giving the family authority over what healthcare practitioners disclose to patients about their diagnoses and prognoses and preventing them from (...) making informed decisions about their healthcare.DiscussionFamily dominance over the healthcare decisions of competent patients is ethically problematic when the family prevent healthcare practitioners from disclosing diagnoses and prognoses to patients who have the capacity to consent and make decisions in their own best interests. Thus, the author holds that sociocultural values ought to be respected only when they do not prevent competent patients from knowing their diagnoses and prognoses or prevent them from making their own decisions.ConclusionHealthcare practitioners should not allow patients’ families to control what can or cannot be disclosed to competent patients. This is particularly important when patients are approaching death so that they may address their material and spiritual wishes—among other needs—as they prepare for death. Justification for this position is drawn from the Maqasid Al-Shariah-based Islamic bioethics approach, from which it is possible to argue that the harm of withholding diagnoses and prognoses from patients who are imminently dying outweighs the potential benefits. (shrink)

Developing World Bioethics, Volume 22, Issue 3, Page 179-180, September 2022.

Purpose: Organ donation and transplantation are practices that are supported by all of the world's major religions, including Sikhism, Christianity, Hinduism, and Judaism. Recent developments in the fields of organ donation and organ transplantation have sparked a renewed sense of optimism for the treatment of critical illnesses. The jurists permitted organ transplants on the basis of certain principles, including ownership and categories of property. On the other hand, moralists strive to deny the ownership of human organs by using principles such (...) as faith and Almighty Allah’s absolute authority. Then main objective of this research paper is on one hand to identify and emphasize arguments for and against organ donation and transplantation in the framework of scared provisions of Islam and its corresponding legal requirements and on the other hand to understand and teach the people that not only Islam allows organ donation but also encourage its followers to assist one another and make an effort to promote organ donations in society. Methodology: The doctrinal methodology. Explanatory and analytical research approaches are used in this work. It is worth mentioning that this research study is entirely based on library sources. Most of the sources are reputable and trustworthy textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. Findings: According to the arguments as well as clear and explicit rulings, principles and authentic evidence from the Holy Quran, it is clear that the donation and transplantation of human body organs is permissible. The Holy religion of Islam persuades its followers to participate in charity, assist people, and donate organs to save the lives of those patients who are waiting for organ transplant. Recommendations: Theoretically, this work is very useful in contributing to the existing body of literature of knowledge. Practically, this work identifies the circumstances in which Muslim jurists not only allow but encourage its followers to assist one another and make an effort to promote organ donations in society in order to save people’s life. It is recommended that both the donor and the recipient of an organ must belong to the same nationality or legal jurisdiction in order to prevent the growth of an international organ trade, which would be far more difficult to regulate. Additionally, in order to protect the health of both the recipients and the donors, it is imperative that transplants from unknown sources be prohibited. (shrink)

The Holy Quran and the Sunnah provide the Islamic approach to a complete food system, regulating the consumption of food and drinks, clarifying permissibility and prohibition, to protect human health. This analytical study aimed to explore various categories and benefits of food in Islam derived from plants and animals, focusing specifically on how Islamic Shariah advocates halal food consumption, and what permissions or prohibitions are granted, highlighting the underlying religious evidence and reasoning. The data was collected through both inductive (...) and deductive approaches; the inductive method gathered literature on the topic from the Quran, Sunnah, and Hadith commentaries, while the deductive approach classified plant-based and animal-based foods and elaborated on the benefits of halal items versus the harms of prohibited ones. The study found the plant foods endorsed in Islam include fruits, vegetables, grains, and nuts like dates, beans, olives, and ziziphus, while the permissible animal foods comprise seafood, fish, beef, dairy products, and honey. These foods assist in the growth and repair of body tissues, digestion, energy, metabolism, and overall wellbeing. Meanwhile, prohibited foods contained toxins, germs, and substances that lead to obesity, cancer, blood issues, and more. The implications of this study lie in showcasing how Islam forbids monopoly control of commodities and encourages activities like land rehabilitation for farming and public cultivation. Islam also advises only consuming foods from permitted animals while emphasizing sustenance provisions for milk-producing animals to avoid wastage, as commanded by Allah. (shrink)

This article examines the political perspective of corporate social responsibility from the standpoint of normative Islam. We argue that large firms within Muslim majority countries have the moral obligation to assist governments in addressing challenges related to sustainable socioeconomic development and in advancing human rights. In substantiating our argument, we draw upon the Islamic business ethics, stakeholder theory, and corporate governance literatures, as well as the concepts of Maqasid al Shariah (the objectives of Islamic law) and fard al ‘ayn (...) (obligation upon all individuals within society) versus fard al kifayah (obligation upon some individuals within society) to introduce a normative model elucidating critical Islamic precepts. Finally, we propose an Islamic “political” corporate governance framework, which democratizes firm decision making by embedding “core” stakeholders, nongovernmental organizations (NGOs), and Shariah scholars in the corporate board, thereby enhancing the ability of businesses to respond to stakeholder concerns and priorities, while mitigating interstakeholder and intraboard power asymmetries. (shrink)

This chapter contains sections titled: Philosophy and theology God and natural philosophy Religion and political philosophy.

Islamic Business Finance is based on strong ethical regulations as suggested by Islamic Literature, such as the Quran and the Traditions of the Prophet of Islam, and could be considered as a subclass of the wider subject of ethical standards in business. This book highlights the basic principles of Islamic Business ethics and their implication in today's global business environment. It highlights the most important features of Islamic banking and finance in relation to the core principles of Shariah law. (...) It is the most comprehensive book to date, in terms of the number of Quranic verses and traditions of the Prophet relating to this subject, which are interspersed throughout the text. It explains how ethics are defined both in general terms and within the context of an Islamic perspective. In addition, it provides a logical interpretation of Islamic principles of business ethics through the use of contemporary business case studies. Topics such as digital currencies, money laundering, etc. are discussed at length. This book also discusses the new and emerging ethical issues faced by business and industry globally. This book will be a valuable reference guide for students, teachers and researchers of Islamic banking and finance. (shrink)

The main aim of this study is to undertake a critical examination of the ethical and developmental performance of an Islamic bank as communicated in its annual reports over a period of 28 years. Islami Bank Bangladesh Limited’s ethical performance and disclosures are further analyzed through interviews conducted with the bank’s senior management. The key findings include an overall increase in ethical disclosures during the study period. However, the focus on various stakeholders’ needs has varied over time reflecting the evolving (...) nature of the Islamic finance industry over the last three decades. Based on a secular economy, IBBL focused in the first two decades on the “Particular” Shariah compliance disclosure as a way of establishing its reputation and differentiating itself from conventional banks in a dual banking system. Post 2005, the ethical performance and disclosure shifted to more “Universal” disclosures such as sustainability, charity, employees, and community related disclosures signaling responsible conduct and the bank’s adoption of a “wider stakeholder approach.” However the bank is still failing to provide full disclosure on certain significant categories such as sources and uses of disposable income, thereby contradicting the principles of full and comprehensive disclosure and accountability. In addition, the structure of IBBL’s investment portfolio reveals an overreliance on debt-based financial instruments and a shortcoming in fulfilling the developmental and social objectives of Islamic finance. This is evidenced by the “qualified” Shariah Supervisory Board reports that the bank consistently received. This research provides further evidence that Islamic banking and Finance in its current practices reflect the “global” and the “local” influences in an era dominated by global conventional finance. (shrink)

Non-medical or Social egg freezing (oocyte cryopreservation) is currently a controversial topic in Islam, with contradictory fatwas being issued in different Muslim countries. While Islamic authorities in Egypt permit the procedure, fatwas issued in Malaysia have banned single Muslim women from freezing their unfertilized eggs (vitrified oocytes) to be used later in marriage. The underlying principles of the Malaysian fatwas are that (i) sperm and egg cells produced before marriage, should not be used during marriage to conceive a child; (ii) (...) extraction of mature egg cells from single women being unacceptable; and (iii) fertility preservation in anticipation of late marriage is a conjecture that has not yet occurred. Ovarian tissue freezing can potentially be a more Shariah-compliant alternative to social egg freezing, because once the frozen ovarian cortical tissue sections have been re-transplanted back into the woman, mature egg cells can readily be produced, collected, and fertilized by the husband’s sperm only during the period of marriage contract (′akd al-nikāḥ). Unlike accidental mix-ups with frozen eggs, muddling of lineage (nasab) would be automatically avoided in ovarian tissue freezing due to immunological rejection. However, upon critical analysis based on Qawā’id Fiqhiyyah (Islamic Legal Maxims), Maqāṣid-al-Shariah (Higher Objectives of Islamic Law), and Maslaḥah-Mafsadah (benefits versus harmful effects on society), elective ovarian tissue freezing by healthy single women for social reasons would likely be a highly contentious and controversial issue within Muslim communities that may conflict with conservative social-religious norms. This thus needs further debate among Islamic jurists in dialogue with medical doctors and biomedical scientists. (shrink)

The purpose of this contribution is to shed some light on the inter-relationships between ethics and economics in Islamic religion, and mainly to assert that ethics constitute endogenous phenomena in Islamic economics. In Islam, economic behaviours and transactions cannot be separated from ethics and values. The Islamic principles are intended to govern, direct and control human beings’ behaviours in their daily economic lives. They are aimed at helping people to distinguish between good and bad things while they do any economic (...) activity. It is worth noting that the moral values in Islamic economics are derived from the main sources of Islam namely: the Quran (the holy book of Islamic religion) and Sunnah (the teachings and behaviours of the prophet of Islam: Muhammad PBUH 570-632 AD). Both of them represent the principal pillars of Shariah (Islamic laws and guidelines), which is seen by Muslims as the proper way to happiness, not only in economic life but in all aspects of life. (shrink)

The study brings about the contribution of Islam to world civilization. It traces the rise of Muslim power in Asia, Europe and Africa over more than ten centuries combining political ascendancy with promotion of basic sciences, philosophy, literature and arts. It deals with the prevailing myths which have for long blocked the way to a correct understanding of the faith and the traditions of Islam. Vigorously debated issues, such as jihad, status of women, and national patriotism are discussed in their (...) historical context. The book provides lucid exposition of theological concepts, the schools oflaw, the Shariah, the on-going conflict between orthodoxy and modernism, and Sufism, on the basis of the Quran and the Hadith. It gives interesting account of the willing acceptance in medieval Europe of Islamic scholarship in sciences along with bitter hostility against Islam in the ecclesiastical establishment of Christian period. The nature of the Muslim rule and its relationship with non-Muslim communities in the Caliphates, in the Ottoman realm and in the Sultanate and Mughal empire in the Indian subcontinent has been evaluated. The events and the personalities contributing to India's partition in 1947 are examined to assess the truth of the so-called separatism in the mind of Indian Muslims. The book gives the background of the tension between Muslim countries and Western nations which intensified with the conclusion of World War I in 1918 and rose to be acute with the end of the Cold War in 1990. The continued political, economic, and military intervention by European powers and the U.S.A. has been discussed in the context of the present situation when Muslims tend to look upon the West as anti-Islam and in the Western world-view Islam is considered to be a menace to civilization itself. (shrink)

Islam gives legal precedence to purity of lineage and known parenthood of all children. In Islam treatment to infertility using IVF is permitted within validity of marriage contract with no genes mixing. The paper shows that the Qur’ān, the word of Allah, and science, the deeds of Allah are not in major conflicts in defining the start of human life. The Holy Qur’ān provides an elegant description of origin, developmental stages of intra-uterine life. The Hadith explains two positions one that (...) believes human embryo get ensouled at conception and the other after 40 days of conception. The paper aims to find that Islam confers moral respect to human embryo, but it also clarifies the absence of full human rights to a developing foetus. In Islam, human embryonic use is probably permissible for therapeutic and reproductive purpose keeping intact the principles of Shari’ah. (shrink)

In recent years, the genetic testing and selection of IVF embryos, known as preimplantation genetic testing (PGT), has gained much traction in clinical assisted reproduction for preventing transmission of genetic defects. However, a more recent ethically and morally controversial development in PGT is its possible use in selecting IVF embryos for optimal intelligence quotient (IQ) and other non–disease-related socially desirable traits, such as tallness, fair complexion, athletic ability, and eye and hair colour, based on polygenic risk scores (PRS), in what (...) is referred to as PGT-P. Artificial intelligence (AI) and machine learning–based analysis of big data sets collated from genome sequencing of specific human ethnic populations can be used to estimate an individual embryo’s likelihood of developing such multifactorial traits by analysing the combination of specific genetic variants within its genome. Superficially, this technique appears compliant with Islamic principles and ethics. Because there is no modification of the human genome, there is no tampering with Allah’s creation (_taghyīr khalq Allah_). Nevertheless, a more critical analysis based on the five maxims of Islamic jurisprudence (_qawa'id fiqhiyyah_) that are often utilized in discourses on Islamic bioethics, namely _qaṣd_ (intention), _yaqın̄_ (certainty), _ḍarar_ (injury), _ḍarūra_ (necessity), and _`urf_ (custom), would instead reveal some major ethical and moral flaws of this new medical technology in the selection of non–disease-related socially desirable traits, and its non-compliance with the spirit and essence of Islamic law (shariah). Muslim scholars, jurists, doctors, and biomedical scientists should debate this further and issue a fatwa on this new medical technology platform. (shrink)

The study aimed to investigate the impact of behavioral biases on herding for Islamic financial products with the mediation of shariah literacy. An adopted questionnaire from several published studies was used to collect data. The data were collected from 410 respondents and were analyzed with SmartPLS. The results for the direct impact showed that self-attribution, illusion of control, and information availability have a positive and significant impact on herding for Islamic financial products while shariah literacy showed an insignificant (...) impact on herding. The results for mediation showed that previously significant and positive impact turned to insignificant when shariah literacy was introduced as mediating variable between the illusion of control, self-attribution, information availability, and herding. From a theoretical perspective, this study would contribute to the existing body of knowledge of financial decision making from shariah literacy point-out. On the other hand, the findings of this study may be useful for investors to avoid herding in the Islamic financial markets. The authors synthesize the contribution made by behavioral finance studies in extending the knowledge of herding behavior in Islamic financial products with a mediating role of shariah literacy. The key limitation of the study includes data that were collected from three districts of Punjab, Pakistan. (shrink)

The recent development of CRISPR/Cas9 technology has rekindled the ethical debate concerning human germline modification that has begun decades ago. This inexpensive technology shows tremendous promise in disease prevention strategies, while raising complex ethical concerns about safety and efficacy of the technology, human dignity, tampering with God’s creation, and human genetic enhancement. Germline gene editing may result in heritable changes in the human genome, therefore the question of whether it should be allowed requires deep and careful discussion from various perspectives. (...) This paper explores Islamic perspectives on the concerns raised and highlights the ethical principles in Islam that should be taken into consideration when assessing the permissibility of CRISPR/ Cas9-mediated human germline gene editing. As argued in this paper, human germline gene editing would be considered lawful for medical purpose under certain conditions. It should not be applied on humans until the safety and efficacy issues are resolved. Robust ethical guidelines and strict regulations are necessary to preserve human dignity and to prevent premature and misuse of the technology. Maqasid al-shariah’s principles of preservation of human life, lineage, and dignity and ‘preventing harm takes precedence over securing benefit’ are among the guiding principles in assessing the permissibility of CRISPR/Cas9-mediated human germline editing from an Islamic perspective. Further discussions are important to address the controversies as well as to explore the related ethical principles. (shrink)

This paper offers novel insight into the Islamic banking business model by considering the effect of investments in human capital and corporate governance features on the market performance of Islamic banks. Based on a sample of 47 banks operating in different regions during the 2005–2010 period, and controlling for firm-specific characteristics, this paper finds investments in human capital to have a significant positive impact on the market value in the pre- and post-financial crisis period. Based on a market measure, this (...) paper finds board size and CEO power to have a significant positive impact, while the size of Shariah Supervisory Board has the opposite effect on market performance. The results further reveal that the Islamic banking sector is not a homogeneous group, with full-fledged Islamic banks having lax corporate governance mechanisms and large size, while their counterparts, Islamic Shariah-windows, having strong corporate governance mechanisms tend to invest more in human capital to yield positive market value. Overall, the analysis suggests that the financial crisis may have further spurred the impact of investments in human capital on the market performance. (shrink)

Mitochondrial replacement technology (MRT) is an emerging and complex bioethical issue. This treatment aims to eliminate maternal inherited mitochondrial DNA (mtDNA) disorders. For Muslims, its introduction affects every aspect of human life, especially the five essential interests of human beings—namely, religion, life, lineage, intellect, and property. Thus, this technology must be assessed using a comprehensive and holistic approach addressing these human essential interests. Consequently, this article analyses and assesses tri-parent baby technology from the perspective of Maqasidic bioethics—that is, Islamic bioethics (...) based on the framework of Maqasid al-Shariah. Using this analysis, this article suggests that tri-parent baby technology should not be permitted for Muslims due to the existence of third-party cell gametes which lead to lineage mixing and due to the uncertain safety of the therapy itself and because the major aim of the technology is to fulfil the affected couples interest to conceive their own genetically healthy child, not to treat and cure mtDNA disorders sufferers. (shrink)

Ijmā is ranked as the third shariah evidence after the Qur’ān and Sunnah in the science of Uṣūl. Shafi was the first one who made Uṣūl which had been known and used by the Islamic scholars, into a written document and who ascertained that Ijmā was the third of the shariah evidences. Kalām is one of the sciences in which Ijmā evidence is used. The scholars of Kalām used this evidence as far as the science of Uṣūl made (...) it possible. They always used it without changing any basics of religious beliefs and acceptances. That the aqidah of Ahl al-Sunnah has been supported with Ijmā which is regarded as one of naqly evidences, played an important role in eliminating suspicions which were tried to be aroused in momins’ mind. In this article, the function and importance of Ijmā evidence, which is one of the primary sources of the science of Uṣūl, in the science of Kalām and Aqidah of Ahl al-Sunnah has been studied.SummaryWhat the Qur’ān demands from us is to emphasize the spirit of unity among ummah and to keep out the factors that could trigger separation and division. Indeed, Allah emphasizes in the following verses in the Qur’ān on the protection of the unitary structure of the ummah: “And hold firmly to the rope of Allah all together and do not become divided” (Āl a-Imrān 3/103) and “And do not be like the ones who became divided and differed after the clear proofs had come to them” (Āl al-Imrān 3/105). Allah has commanded the Ulul ‘Azm Prophets to hold the religion upright and to avoid division. (al-Shūrā 42/13). The command of holding the religion upright and not to be divided in this religion means to certify what needs to be confirmed in the religion of Allah and to obey those that must be obeyed. This is also the proclamation of the principle of religion that all the prophets have consensus over.Ahl al-Sunnah understanding of Islam is identical to the understanding of the Prophet and his companions. For this reason, Ahl al-Sunna is the school that represents the main backbone of Islam. In Ahl al-Sunna, in many subjects, be it usūlî / primary or furū’ī / secondary, there has been ijmā. These ijmās are Sahaba ijmās and deductive ijmās that come from mutakallimūn (theologians) ijtihāds. Therefore, ijmā and ijtihād are closely connected to each other. Ijmā is supported by ijtihād and ijtihād is also the source of ijmā. Thus, the issue is no longer just a pure ijtihād; it turns out to be a degree that gives a solid knowledge after it has risen to some degree just after the nass/texts.Ahl al- Sunnah theologians are talking about two kinds of ijmā. The first is “ijmā taṣdīqī” (approval consensus) which is the consensus based on Sahaba İjmā. These are the ijmās that occur on the principles called ḍaruratal-diniyya (necessities of the religion), and accepted as solid proofs in religion. Issues such as the principles of faith, obligation of prayer and the fasting are the subjects that are determined by the solid/definite ijmā. Such ijmās are valid approvals on existing provisions. These ijmās based on solid nass (verses and hadiths). Such ijmās do not give any new information. The existing information is strengthened by the alliance of Muslims. In these areas, ijtihād cannot be done and Muslims do not need ijtihād on these issues. There is an consensus of Ahl al-Sunnah scholars about the unfaithfulness of the one who denies one or more of the principles which are accepted as the main obligatory principles in Islam. The other is the “deductive ijmā which the ijtihāds have roles over. This kind of ijmās, are formed as a result of mujtahids’ consensus over the same opinion on the issue of theological secondary issues. The issues related to the secondary theological issues which were open to the ijtihāds and the different results obtained on matters are not accepted as the cause of takfīr. However, depending on the subject he/she can be a sinner. Istidlālī/deductive ijmās are not considered as an independent proofs in ‘Ilm al-Kalām, rather a supportive ones and are considered as textual evidences.Since, texts that are accepted as sources give supposed information. In this regard, the Ahl al-Sunnah scholars accepted other members of the sect who have in secondary theological issues opposed the ijmā of the salaf / predecessor as Ahl al-Qibla, but named them as Ahl al-Bid’a (innovator in religion) because of their opposition to Salaf’s İjmās. Moreover, the scholars of the Ahl al-Sunnah did not see them appropriate to participate in the Ijmās, which could occur between the generations that come after Sahābas/companions.Not all disputes have been criticized in Islam. It is a blessing for the ummah to claim different opinions on the issues subject to ijtihād. Since the ummah, in this way, will bring new solutions to emerging issues and as a result, Islam will have a mechanism to produce a dynamic solution. This can only be possible through ijtihād. Dispute is to propose different views on a subject. If this view is not in the actual matters that could harm the unity of the Ummah, rather in the case of ijtihādi issues, this conflict could turn to be mercy.The reason why the methodists evaluate the ijmā within the scope of the authorized evidence is that because they think it is essential that the ijmā be based on a proof. From this point of view, the alliances that occurred in mental matters were not considered as ijmā. The theologians always tried to support their claims with nass/textual proofs. When the ijmā is realized, whether known or not, they have stated that there is certainly a religious proof behind it. Because, the provisions that were reached through ijmā, cannot be against the provisions of the Prophet.Many issues in Islamic Belief and Kalām works are supported by the mental and textual evidences as well as by deductive ijmā. However, many of the claims of Ijmās in these works reflect the inter-sect ijmās of the Ahl al-Sunnah. The sects outside the Ahl al-Sunnah were excluded. This attitude is, above all, the aim of ensuring the integrity within the sect, and trying to protect the Ahl al-Sunnah belief. Since the ijmā evidence has a function that prevents all kinds of arbitrary and divisive thoughts and turns the supposed knowledge into the qat’ī/certain one, it raises the provision to the next level just after the nass, rather than merely being a ijtihādi provision. In the case of the forerunner of the Ahl al-Sunnah, the Māturīdes and Ash‘arites have not differed in in understanding of ijmā in terms of methodology.Although they have different views on the definition and content of the ijmā, they have a common understanding of alliances of Mujtahids on the same view. The mutakallims (theologians) of Māturīdī and Ash’arī schools have used the proof of ijmā as supportive evidence in the cases related to Kalām. al-Ash’arī not only adopted the proof of ijmā but also used it in practice in. He did not make any distinction in proof of ijmā as practical, theological, methodological or sub-divisional; he used it freely in every field. Māturīdī and Ash’arī scholars decided that the ijmā could occur in religious matters and that there would be evidence when it was formed; In the case of mental issues, they have required the knowledge to be based on solid information. In the case of ijmā in purely mental issues, they have disputed over the issue. While some Ahl al-Sunnah scholars stated that since purely mental matters were certain knowledge and therefore don’t need ijmā, they also ruled that because the mujtahids could get this knowledge from religious texts, therefore ijmā could occur in mental matters as well. (shrink)

For the purpose of clarity I offer an operational definition of Islamic thought which is Sunni-based. The public sphere is placed in the context of deliberative politics as an ethical frame in which the following elements are assumed: freedom, equality, reciprocity, reasoning, choice, fraternity and solidarity. Three Islamic models are identified: model, the Sufi/individualist model; model, shariah-legal-religious nationalism; and model, the ethical model. Model is taken to be the most relevant to the notion of deliberative politics. The implications of (...) model for the idea of individual, society and political authority are examined. The issue of translation proviso is then introduced in the context of examining the feasibility or otherwise for model to become a dominant Islamic discourse. Finally, I introduce the notion of ‘silence’ as potentially useful for the idea of religion and deliberative politics. (shrink)

Fethullah Gülen, a leader of interfaith and intercultural dialogue, writes of “humanity’s vicegerency” that includes “reaping the bounties of the Earth . . . within the framework of the Creator’s orders and rules.” What might this mean for international business ethics in general, and the expansion of Islamic banking practices and global financial ethics in particular? Forthrightness and transparency are critical in the contemporary development and spread of what are nominated Islamic or shariah-compliant financial products and services. This paper (...) seeks to explore the advantages of acceptably disparate analyses of shariah-compliance, by suggesting how a Gülen-like religion-state symphonia can evolve. The resulting arrangement of financial affairs would thus allow for real diversity inbanking options for all sorts of clients, carving out a space for secular and religious-based institutions, alike, in the global marketplace. (shrink)

This article analyzes the religio-ethical discussions of Muslim religious scholars, which took place in Europe specifically in the UK and the Netherlands, on organ donation. After introductory notes on fatwas (Islamic religious guidelines) relevant to biomedical ethics and the socio-political context in which discussions on organ donation took place, the article studies three specific fatwas issued in Europe whose analysis has escaped the attention of modern academic researchers. In 2000 the European Council for Fatwa and Research (ECFR) issued a fatwa (...) on organ donation. Besides this “European” fatwa, two other fatwas were issued respectively in the UK by the Muslim Law (Shariah) Council in 1995 and in the Netherlands by the Moroccan religious scholar Muṣṭafā Ben Ḥamza during a conference on “Islam and Organ Donation” held in March 2006. The three fatwas show that a great number of Muslim religious scholars permit organ donation and this holds true for donating organs to non-Muslims as well. Further, they demonstrate that transnationalism is one of the main characteristics of contemporary Islamic bioethics. In a bid to develop their own standpoints towards organ donation, Muslims living in the West rely heavily on fatwas imported from the Muslim world. (shrink)

This paper describes maslahah, a fundamental concept in Islam and its application in deliberating permissibility of human germline gene editing from an Islamic perspective. This paper refers to He Jiankui’s research that led to the birth of the world’s first gene edited babies, who were edited to be protected from HIV. The objective, procedure, and output of the research were assessed against the conditions of maslahah. It can be concluded that the experiment did not meet the conditions; it is inconsistent (...) with the objectives of shariah and some fundamental Islamic teachings that it did not preserve greater benefit, hence it could be considered impermissible. (shrink)

Artificial womb technology for extracorporeal gestation of human offspring (ectogenesis or ectogestation) has profound ethical, sociological and religious implications for Muslim communities. In this article we examine the usage of the technology through the lens of Islamic ethico-legal frameworks specifically the legal maxims (al-Qawaid al-Fiqhiyyah) and higher objectives of Islamic law (Maqaṣid al-Shariah). Our analysis suggests that its application may be contingently permissible (halal) in situations of dire need such as sustaining life and development of extremely premature newborns, for (...) advancing fetal medicine and avoiding maternal co-morbidities during fetal treatment, and for enabling motherhood for women without functional wombs, or who face grave medical risks in pregnancy. However, its application may be proscribed (haram) for enabling healthy women to avoid pregnancy and childbirth, or to achieve parenthood equity. Specification of these views to particular policy, legal contexts and Fatwa will require multidisciplinary Shariah-based bioethical deliberations between jurists, policymakers, and scientists. (shrink)

Due to the current shifting regional paradigms in the Middle East brought on by the series of popular uprisings known as the Arab Spring, this article focuses on the issue of minority rights within modern Islamic theorizing. Evaluating the writings of Islamic intellectuals such as Tariq Ramadan, Abdullah Ahmed An-Na’im and Rashid Al-Ghannushi, the article finds that there are indeed constructs available within modern Islamic theorizing that can help resolve current minority problems within Arab societies, albeit with the addition of (...) human rights discourse on citizenship and multiculturalism. Noting that minority–majority relations are a global problem, as seen through case studies of the United States and Europe, human rights discourse, cultural relativism and religion are explored, concluding that Islamic theorizing is a blend of the three. Turning to usul al fiqh, it is concluded that traditional Islamic approaches to minority rights fail to incorporate anything but religious minorities and those religious minorities are second-class citizens under shariah interpretation. The rise of the Ottoman millet system eventually helped shape the collective identity for minority groups, but it still placed sole emphasis on religious minorities and treated all minorities as unequal subjects under the sultanate. Building on the constructs of modern Islamic theorizing and expanding to include the concepts of multiculturalism and territorial citizenship, this article asserts that for minority–majority struggle to be solved, modernist Islamic theorists must transcend the traditional Islamic minority paradigm and instead promulgate citizenship as a basis for equality in society, applying new ijtihad for a fresh, integrative interpretation of minorities within Islam and the civil state. (shrink)

Biography and academic life of Abdoldjavad Falaturi, 1926-, was a German scholar of Iranian origin. He studied Islam (theology, shariah) in Iran, up to the highest possible level, before going to Germany where he studied philosophy.

The debate on Islam and human rights is roughly 50 years old. During this time a vast literature has been produced analyzing the relationship between the religion of Islam, Muslims societies and international human rights norms. What have we learned during this time that can further an understanding of this topic among students, scholars and members of the general public? What analytical framework is optimal? Is the crisis of human rights in Muslims societies a function of internal conditions, external factors (...) or are they to be located within the framework of Islamic doctrine, traditions, the shariah in particular? This article grapples with these questions by looking back over the past five decades. The objective of this essay is to advance an objective framework of analysis for understanding the debate on Islam and human rights. A historical and comparative approach is adopted. Key moments that have shaped the debate on Islam and human rights are recalled. Significant political developments that have shaped the contours of the debate are examined such as the legacy of colonialism, the rise of political Islam, the role of Western policy and the failure of the post-colonial state in the Arab-Islamic world. The contributions of influential scholars and activists who have advanced the struggle for human rights in Muslims societies are also recognized in this article. (shrink)

The outburst of the fourth Industrial Revolution had a significant impact on many aspects of life. The discovery of new technologies in medicine has resulted in innovations: organ transplants. The introduction of three-dimensional (3D) organ printing technology promises improvements to the field. Organs such as the liver, kidneys, heart and others are printed to meet the needs of the actual organs. However, the production of prototype organs to replace the original organs is associated with the issue of changing the creation (...) of Allah. Accordingly, this study will analyse the issue of changing the creation of God in three-dimensional (3D) organ printing technology according to the perspective of Islamic law. Several appropriate methodologies in Islamic law (usul fiqh) are used such as legal reasoning through maqasid shariah perspective and analogical reasoning. The result shows that three-dimensional (3D) organ printing technology falls under the permissible category of changing the creation of Allah because it can save human lives. The production of organs through 3D printing involving changes included in the category of necessity (daruri) and need (hajiy) is permissible, but the category of desirable (tahsini) requires further specifications. (shrink)

In recent years, there have been a number of moral panics in Western societies about the existence of religious courts and tribunals in general and Shariah law in particular. In England and Wales, these concerns came to the fore following the 2008 lecture by the then Archbishop of Canterbury, Dr Rowan Williams, on ‘Civil Law and Religious Law in England’. In that lecture, Williams drew upon the work of the Canadian scholar Ayelet Shachar endorsing her concept of ‘transformative accommodation’. (...) In this article, we return to the work of Shachar in the light of our recent empirical study which examined the divorce jurisdiction of three religious tribunals in detail: a Jewish Beth Din; a matrimonial tribunal of the Roman Catholic Church; and a Muslim Shariah Council. We suggest that the focus upon Shachar’s concept of ‘transformative accommodation’ by Williams and subsequent commentators is unfortunate given that Shachar actually proposes ‘transformative accommodation’ as just one variant of what she refers to as ‘joint governance’ (albeit her preferred variant). We propose that the umbrella concept of ‘joint governance’ and its other variants can be developed in a way that could prove to be more useful than ‘transformative accommodation’. (shrink)

Since the beginning of human history, there has been no society that did not have any religion. Man meets his need to believe, encoded in his nature by turning to God. God has not left humans alone in their journey on earth, and from time to time, He has intervened in the world through his prophets. The prophethood, which constitutes one of the main subjects of theology, is an important institution in God-human communication. The messengers chosen by God convey to (...) people the information that they received through revelation and offer teachings that will bring them to salvation. The idea of salvation by God when suffering or feeling helpless has driven people to the expectation of a savior. Nearly all religions except Shintoism have the awaited savior belief in the world. Accordingly, the savior will emerge in an environment of chaos where disasters are experienced, and a moral collapse is observed. The expected savior will drive people away from this turmoil, bring them happiness, well-being, and lead them to salvation. Although there is a savior belief in Judaism and Christianity, Muslims claim that the awaited savior in these religions is Muhammad. Muslim thinkers who believe that Muhammad was heralded in previous scripts, tried to find evidence on the subject from the Bible. One of the Islamic scholars who did researches for this purpose is Shamsuddin al-Samarqandi. Shamsuddin Mohammed b. Ashraf al-Husayni al-Samarqandi is an important Turkish-Islamic scholar who lived in Turkestan at the end of the 7th century and the first quarter of the 8th century. Samarqandi is a versatile scholar who produced important works in various fields such as philosophy, logic, mathematics, discussion, debate and astronomy. Shamsuddin al-Samarqandi is one of the eminent scholars who have written his name in the history of science and philosophy with his works. He adopted a critical and analytical style in almost every field, putting the science of logic at the center of his system. His constructive criticisms had an important function in understanding and interpreting the ideas of numerous thinkers, from Greek philosophers to Islamic philosophers and representatives of philosophical theology. In addition to all these, Samarqandi did not hesitate to criticize the Christian and Jewish belief systems, religions such as Sanawiyyah and Zoroastrianism, and the teachings of the naturalist philosophers regarding the relationship between God and the world in the light of rational and scriptural evidence. Samarqandi, who distinguished himself in rational sciences, also showed himself with his background in theology. Due to his exceptional intellectual interest, he analyzes some key concepts and divine codes related to the Bible, making original inferences about the loyalty of Muhammad, the prophet of Islam. Samarqandi interprets some passages of the Torah and the New Testament, which he considers as signs of Muhammad's prophethood, in the axis of language, logic and the rules of shariah, and concludes that Muhammad is the last prophet to be announced. The conceptual framework that he mostly focuses on in this regard contains Mount Paran, Paraklite, comparison with Moses, and the good news given to the Ishmaelites. Samarqandi makes inferences about the environment in which Muhammad appeared, his qualities, and his lineage, based on the aforementioned concepts. Samarqandi also responds to the criticisms raised by the Ahl al-Kitab about the principles, such as the abolition of other religious rules constituting the basis of Muhammad's legitimacy and establishment of Islam instead, and him being a universal prophet. An important privilege of Samarqandi is that he not only grounds his claims on a theoretical scale but also engages in debates with the leaders of the Ahl al-Kitab. Although Samarqandi exhibits a satisfactory analytical attitude in most of his claims, he displays a sophisticated approach based on the method of coercion (ilzām) in some of his claims. Although he adheres to the tradition of beshair al-nubuwwah in general, he gives a different perspective and strong reasoning to the same evidence within the tradition with the effect of his identity as a verifier (muhaqqik). (shrink)

As show the partly violent clashes between liberal secularists and Islamists in the aftermath of the Arab Spring, the two factions certainly defend two diametrically opposite political points of view. For liberals, politics finds its ultimate justification in the protection of individual freedom. For Islamists, only the application of the moral code and religious law codified in the shariah can justify politics. Contrary to what is sustained by a theory of situated agency, there is no easy and definite reconciliation (...) between the two positions. And this depends precisely upon the fact that both political models are based upon the very same idealist conception of the individual, namely the assumption that we, as persons, have a free will and are not determined by the law of causality. Paradoxical as it might sound, it is our freedom that gives rise to the problem of identity and lends force to the Islamist argumentation. If freedom as such cannot bring about practical reason and also liberals recognize that the ultimate source of normativity is identity, there is a point in the Islamist and, more general, communitarian claim that we are not free to choose our identity. In order that identity does the normative work it is supposed to do, it must be given and not chosen. What remains, however, unclear in the communitarian picture is how the norms of our community can come to constitute our will without a process of active identification. If we cannot identify voluntarily with our community’s norms, then only emotional attachment to our community can explain identification and the normative grip communitarian norms have upon us. Yet, attachment is conditioned by the effective satisfaction of our psychological and physical needs. The problem is that our need for freedom and liberty can become overshadowed by our more immediate needs based, for example, upon resentment and revenge and that today makes Muslims in particular to be so hostile towards liberal ideas. I suggest that conciliatory trust-building measures can help to surmount the anger, fear, mistrust and suspicion Muslims feel vis-à-vis the West and that are at the origin of today’s conflict between freedom and identity in the Muslim world. (shrink)

The availability of newer choices in contemporary bioethics, especially enhancement technologies, poses a challenge for Muslim patients and their care providers in making appropriate decisions. How should they reconcile personal autonomy with ethical guidelines of Islamic Shariah ? This article discusses such concerns.

Hazrat Sharafuddin bin Yahyah Maneri was a scholar and Sufi of the thirteenth-fourteenth centuries. He was a prolific writer. One of his important books is a collection of letters titled Maktubat-i-Sadi. The article focuses to bring out the main themes of the book and identified ten topics to discussed. They are: 1. Concept and love of God; 2. Deceiving nature of the world; 3. Sin and repentance; 4. Necessity of a qualified spiritual guide and obedience to his guidance; 5. Origin (...) and need of Sufism; 6. Poverty and its role in the purification of evil soul; 7. Rendering selfless service to others; 8. Fate and predestination; 9. Observance of the Shariah; and 10. Acquisition of good qualities and shunning of the evil ones. The philosophical and spiritual significance of these teachings have been pointed out in this article. Philosophy and Progress, Vol#71-72; No#1-2; Jan-Dec 2022 P 79-96. (shrink)

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah.

Environmental sustainability is one of the contemporary discourses that has abundant values embedded in the Quran and Sunnah teachings. Islam gives great emphasis on environment as it is preserved and protected under the Maqasid al-Shariah. The general outlook of Quranic paradigm on utilizing natural environment is based on prohibition of aggression and misuse. It is likewise founded on the construction and sustainable use. Thus, this article attempts to elaborate key concepts of the Quran and Sunnah teachings that reveal imperative (...) values for environmental sustainability. Research method employs in this paper is an analytical study of Quranic verses with special highlights of tafsir bi al-ma’thur, tafsir bi al-ra’yi, and historical narrative. In short, this paper brings to light the relevance of classical and contemporary works of Quran and Sunnah studies that have meticulous values for shaping the better world of human–nature’s interaction. (shrink)

Islamic environmentalism is an intellectual movement whose representatives discuss contemporary environmental problems in the language of Islamic theology. This field includes Shariah-based environmental law, environmental activism, and environmental philosophy. This article is an overview of the genealogy of this philosophical trend: key names will be listed and their contributions to the development of this movement will be analyzed. For example, the legacy of Sayyid Hossein Nasr, considered the founding father of Islamic environmentalism, will be examined in detail. The religious (...) and ethical program of this philosophical movement will be analyzed in detail. The categorical apparatus to which Islamic eco-activists, philosophers, and ulema turned as the Islamic environmental agenda expanded will also be examined, such as how the concepts of khalifa, hima, and misan were conceptualized. Philosophers whose writings we will turn to include Iraqi philosopher and jurist Mawil Izzi Dien, British eco-activist Fazlun Khalid, Egyptian Grand Mufti Ali Jumaa, and representatives of so-called “Western Islam” Ziauddin Sardar and Tariq Ramadan. The example of Indonesia will be used to examine how Islamic eco-theology has formed the basis of a multilevel environmental policy. The thesis of the fundamental contradiction underlying Islamic environm entalism is put forward. On the one hand, this movement in its present form genetically dates back to the European protest movements of the 1960s and 70s, which opposed the culture of mass consumption, impersonal materialism, and overproduction. On the other hand, an equally important part of the rhetoric of a number of Islamic modernists, including on ecology, is the emphasis on the break with Western neoliberal values. The special role of social media in the promotion of Islamic eco-activism is noted separately. (shrink)

Appearing in the “Cairo Declaration on Human Rights in Islam” as an undefined referent for the limits on freedom of expression in Islam, Shariah is still to be chased as an indefinable referent which restricts freedom of the expression in the Islamic Republic of Iran. Iran’s Press Law as well as Constitution unveil Shariah’s referent to be a person: the Jurist-Ruler around whom a cult of personality is legalized in terms of “Imamate” and around whom all the limits (...) on freedom of expression revolve. Interpretation of Shariah is not a solution but part of the problem in Iran. Such problem can be dealt in terms of three modes of self-expression which were invented by the Iranian Reformists to avoid self-censorship. The notion of master-signifier can be the key to unraveling the problem of self-referentiality in freedom of expression and its Reformist solution in Iran’s legal system. (shrink)