This book is a comprehensive analysis of the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran.

Book Review: Ahmed Al Dawoody, The Islamic Law of War - Justifications and Regulations -.

The purpose of the paper is to examine free trade in Islamic law.

Islamic Law in Circulation: Shāfiʿī Texts across the Indian Ocean and the Mediterranean By KooriaMahmood (Cambridge: Cambridge University Press, 2022. Cambridge Studies in Islamic Civilization), xvi + 450 pp. Price HB £105.00. EAN 978–1009098038.

This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.

In institutional settings affecting the formulation and implementation of international foreign and security policy, nation-states are influenced by Western standards of jurisprudence without explicit concern for religiously grounded legal frameworks. The question at issue here is whether there is a role for Islamic law in the formulation of international law, given recent literature examining this conjunction. For some, cultural symmetry requires attention to Islamic law, e.g., the Islamic law of nations, in the same way Western modernity evolved (...) contemporary international law out of a concept of a “law of nations”. In a historical period of asserted fundamentalist Islamic ideology as well as post-9/11 neo-conservative political ideology, there is ample need for negotiation of culture, including philosophical foundations of law, in which case attention to Islamic jurisprudence may well be a positive development to advance the cause of an evolving international legal order. (shrink)

The Islamic Law of War: Justifications and Regulations. By Ahmed Al-Dawoody. Palgrave Series in Islamic Theology, Law, and History, vol. 2. New York: Palgrave Macmillan, 2011. Pp. xiii + 338. $90.

Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt. By Kristen Stilt. New York: Oxford University Press, 2011. Pp. xv + 238. $100.

The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested (...) that Ash‘arism may be taken as providing an Islamic version of Legal Positivism, and that the objections which Mu‘tazilism raised in the face of Ash‘arism were not different in substance from some of the objections that have been directed at contemporary Legal Positivism. It will also be suggested that the Ash‘arites and the Mu‘tazilites were not opposed to each other in the way they are commonly supposed to have been. Rather, they were preoccupied with different notions of what it is to be obliged (to have an obligation) to do something. (shrink)

Islamic Law in Theory: Studies on Jurisprudence in Honor of Bernard Weiss. Edited by A. Kevin Reinhart and Robert Gleave. Studies on Islamic Law and Society, vol. 37. Leiden: Brill, 2014. Pp. xx + 370. $181, €140.

In this article, I first criticize commonly held assumptions about what Islamic law is. I suggest that it is at best useless and at worst wrong to start with a label like ‘Islamic law’ to describe something that is presumed to be an instance of such a label. I identify the source of confusion, i.e. the postulate that there must be a kind of genealogical continuity between what people refer to as Islamic law and Islamic law (...) as it is found in the heterogeneous legacy of sharî’a and fiqh treatises. My contention is that Islamic law is what people consider as Islamic law, nothing more, nothing less, and that it is up to theologians, believers and citizens, not social scientists, to decide whether something does conform or not to some ‘grand tradition’. Second, I argue that instead of looking at the hypothetical Islamic-law model, which something like Egyptian personal status law would be an instance of, the task of social scientists is, rather, to describe the situations, the mechanisms and the processes through which people orient themselves to something they call ‘Islamic law’. This position is grounded on a principle of indifference that seeks to avoid any normative and evaluative engagement: the focus is put on the description of practices, not on their evaluation. Moreover, this position is based upon the refusal of any ironical standpoint. In other words, it denies that social scientists occupy any kind of overhanging position vis-a-vis the social that would allow them to ‘reveal’ to ‘self-deceived people’ the truth that is concealed from them because of their ‘lack of critical distance’, ‘ignorance’ and/or ‘bad faith’. Third, I ground this praxiological re-specification in examples drawn from Egyptian judicial activity in the field of personal status. (shrink)

The article analyses Egyptian jurisprudence on the issue of apostasy, with a focus on conversion from Islam to Christianity. It argues that the Egyptian judiciary has failed to develop a harmonious relationship between Islamic law and the principle of freedom of religion. It looks at how the majority of cases examined before the Egyptian judiciary reveal a continued tension between freedom of religion as defined in international human rights law and its judges’ interpretation of Islamic law as a (...) constitutive element of public order. Recently, the Supreme Administrative Court tried to break through traditional barriers regarding the right of converts of Christian origin to record their re-affiliation to Christianity in their documents of identification, and pragmatically justified this precedent in light of the requirements of modern states, whereby identity cards should reflect the correct information of each citizen. Yet it argues that the court was not conscious of freedom of religion as a fundamental individual right, and moreover, that this precedent has not been followed with respect to converts of Islamic origin. Finally, the paper argues that, for a sustainable solution to the legal tensions concerning apostasy in Egyptian courts, a new perspective is required on the relationship between Islamic law and religious freedom whereby the universal understanding of freedom of religion can be legitimized from within Islamic legal traditions. The article also proposes a set of constitutional and legal measures to enhance freedom of religion in Egypt. (shrink)

One solution to prevent the spread of coronavirus disease 2019 (COVID-19) is getting vaccinated. The promotion of vaccines through religion helps to control the pandemic. One of the causes of doubts about vaccination in society is religious understanding. Vaccination has an important correlation with Islamic law or Islamic jurisprudence. This research aims to analyse the effect of understanding Islamic law on doubts about vaccination. This research used quantitative pre-experimental designs. The research sample consisted of 160 people who (...) were not vaccinated. The sampling technique involved a non-random sampling method. The data analysis is descriptive and inferential. The results of this research showed the following: (1) the understanding of Islamic law related to the status of halal and haram has a positive influence on the Muslim community's willingness to vaccinate, (2) the understanding of the emergency concept can increase confidence in vaccines and (3) the education related to understanding Islamic law can effectively reduce doubts about vaccination. CONTRIBUTION: This research provides knowledge about the COVID-19 vaccine from the perspective of Islamic law. This research provides a new strategy to reduce public doubts about vaccination. (shrink)

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)

This paper is intended to elaborate the anthropocentric paradigm in the study of Islamic law which is done for two reasons. The first is the increasing trend of theocentricism within various puritan communities. This trend rejects the contextualization of Islamic law and has the potential to produce radical movements in the name of religion. The second is that, Islamic law studies is still rarely associated with the issues of legal paradigms, even though they are considered as the (...) foundation in the establishment of Islamic law. Thus, this paper is written as an attempt to make the prophetic social science paradigma an analytical tool for puritans’ Islamic law epistemology. This study reveals that the epistemological demystification is very important for the study of contemporary Islamic law. There are two steps in carrying out epistemological demystification: the first is the transformation of the basic structure of Islamic law. This transformation requires a shifting issue from theocentric to the anthropocentrism. The transformative theoanthropocentric paradigm as the basic legal structure has the capability to contextualize Islamic law which is not only relevant to the Muslim community, but also to the community as a whole. The second is the development of a theoretical framework. Concerning with this, Kuntowijoyo offers analytic-synthetic theories which accommodate a demystified vision as a link to a transformative theological foundation. (shrink)

In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one (...) time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise. (shrink)

Human rights in Islam is a complex issue on which influential Muslims have expressed diverse perspectives. This article identifies the different views held by several scholars, and examines the way in which those views are reflected or contested in contemporary Islamic discourses and particularly the discourses of Saudi scholars. It also argues that different opinions are not necessarily based on a specific Islamic sect but on the perception of international norms and on the readings and interpretation of (...) class='Hi'>Islamic texts as well. (shrink)

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure By AzamHina, xi + 270 pp. Price HB £60.00. EAN 978–1107094246.

The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing (...) the concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn, which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns. (shrink)

In Quest of Justice: Islamic Law and Forensic Medicine in Modern Egypt. By Khaled Fahmy. Oakland: University of California Press, 2018. Pp. xiii + 377. $39.95.

The Dialectical Forge identifies dialectical disputation as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal (...) in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn through a lens molded from 5th/11th century jadal-theory treatises. Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters. (shrink)

Nowadays, genetically modified foods find application in many sectors from livestock to health and especially in agriculture. From Islamic law perspective, the critical point is to know whether the modern biotechnology is properly used in genetically modified food production and whether these products are suitable for human health and whether all production stages are halal. Another important point is the uncertainty that may arise during the production and whether the precaution can be taken. The Islamic law methodology is (...) of great importance in understanding and resolving the above issues in line with religious values and scientific data together. This paper outlines how the Islamic law methodology can be applied to the issues of genetically modified goods in an interdisciplinary framework, by combining the pillars of Islam and scientific knowledge, and thus promoting what is morally, legally and economically beneficial for halal nutrition and life, for all humanity, Muslims and non-Muslims. We reach the conclusion that there are no definitive provisions set by Islamic law about these issues but they can be resolved within the scope of maslahah and maqasid, which is to achieve the righteous and eliminate the harmful. (shrink)

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

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

The NGO Forum, held in Houairou, China, in the fall of 1995, was a defining moment in the global dialogue among women on issues relating to Islam. Prior to that event, discussions of Islamic shari'ah law (law based on religious foundations), in particular, and Islam, in general, had been escalating both in the West and in Muslim countries. In the regional conferences held in preparation for the United Nations Fourth World Conference on Women, held concurrently with the NGO Forum, (...) the intellectual fault‐lines surrounding these issues became pronounced between two radically different schools of thought. The first school of thought argued that shari'ah law was outmoded and should be discarded in favor of a modern Western secular model. The second school of thought denied any problems under existing shari'ah laws. Each group felt very strongly about its point of view. The battle was joined in Houairou. (shrink)

First published in 2008. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2008. Routledge is an imprint of Taylor & Francis, an informa company.

The Ashgate Research Companion to Islamic Law. Edited by Rudolph Peters and Peri Bearman. Farnham, Surrey, UK: Ashgate, 2014. Pp. x + 345. $149.95, £95.

This study highlights various totalitarian and undemocratic practices in which Bangladesh’s current Awami League-led coalition regime engages. It shows that since its inception in early 2009, the regime has tried to mobilize and manipulate public support from within through—among other means—creating the discourse of “war crimes” and to obtain international support through the discourse of “Islamism” and terrorism. Although “a secular plan” to combat and replace “Islamism” may soothe the nerves of many in the international community, its deployment in Bangladesh (...) has paradoxically produced a dangerous culture of disappearances and extrajudicial killings, infringements on freedom of speech and the stifling of dissenting voices, and the interception of opposition programs and the torture of opposition leaders and activists. The regime has also made a mockery of the law and the country’s judicial system. Many commentators believe that the country’s law courts are now simply an extension of the regime’s political clout. In these circumstances, political repression continues unabated, and victims of persecution are left with inadequate legal recourse. In the name of combating “Islamic terrorism,” Bangladesh’s ruling regime has resorted to a reign of terror that is in many respects tantamount to what we know as fascism. (shrink)

The judgeship is one of the oldest professions in history. In the Hebrews, which is a divinely based legal system, judgeship arised and practiced both by the Torah and later by the contributions of jurists. In the Torah, which is the main source of Hebrew law, it is mentioned that the other prophets and Moses were authorized both as rulers and judges. Moreover, judges are ordered to make fair judgments on the basis of protecting the weak and prohibited of bribery. (...) We see that there are similar or even the same provisions in Islamic law. In Islamic law, it is seen that both the previous prophets and the last prophet Muhammad have the powers as prophet, ruler and judge. Moreover, in the Qur'an, judges are ordered to make judgments fairly, avoid bribery and without favoring any litigants. In this study, the rules of ancient Hebrew law and the Islamic law will be compared. Since the subject is limited to judges and courts, first the status and appointment of judges will be explained, then the courts and the trial procedure will be compared, and afterwards the responsibilities of judges and the qualifications required to be appointed as a judge will be discussed. In this respect, the rules in Hebrew law will be compared with Islamic law only in the light of the information given, and the more detailed rules in Islamic law will not be cited because they don’t have equivalents in Hebrew law. (shrink)

Jews and Islamic Law in Early 20th-Century Yemen. By Mark S. Wagner. Indiana Series in Sephardi and Mizrahi Studies. Bloomington, IN: Indiana University Press, 2015. Pp. xi + 208. $75 ; $29.

Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no “value” judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, (...) related with “socio-economic structure/fact” in the family and society structure foreseen by Islam. As a matter of fact, “need principle” is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafsīr books, the concept of “degree” in the verse “... Men have a degree (right) over women” (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of “lil al-dhakari mithlu haẓẓ al-unthayain” in the verse –the inheritance of man is the share of two women– (Al-Nisā 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that “man is superior to woman”. In this article/study, an analyticallook atthe interpretations in some classical tafsīr books on the axis of “daraja/degree” and “lil al-dhakari mithlu haẓẓ al-unthayain” that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person’s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur’ān: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Shūrā 42/49.)In addition to human biological sex, there is also social gender. Indeed, the term “sex” refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process.Accordingly, while it is not possible to determine biological sex (in normal circumstances in advance), determining gender is shaped by the cultural will of individuals and societies. As a matter of fact, gender is shaped according to the religions, customs and cultures of the societies and it shows differences according to time, culture and family structure. In this context, in the pre-Islamic Arab society, the gender of the girl or the woman was shaped by the custom of the ritual and customs. Indeed, it is a known fact that during the period of Jahiliyyah, in terms of social gender, the girl/woman has been deprived of many social and economic rights, especially heritage. The Qur’ān has brought the girls who, in the period of Jahiliyyah, were oppressed in terms of gender, deprived of many social and economical rights, treated as second class human, embarrassed of themselves and buried alive, to the same position as man. In this context, as it is in every field in the direction of social structure and social conditions of that day, also in the field of inheritance law, a number of regulations were made in the Qur’ān and the Sunnah being the main sources of Islam. The divisions of the inheritance were connected with religious and legal rules and the shares of the inheritance of the sons and daughters were determined by naṣṣ (verses and hadiths).However, in Islamic inheritance law, as a requirement of the structure of family and society accepted by Islam, in principle, “two-to-one” measures have been adopted between male and female children. As a matter of fact, in this aspect, it is mentioned in the Qur’ān: Allah instructs you concerning your children: for the male, what is equal to the share of two females (Al-Nisā 4/11.)On one hand, the principle that Islamic law brings between boys and girls; Seems to be an inequality in terms of the arrangement in which "the inheritance share of the male child is twice the share of the female child", while on the other hand, within the border of in the family foreseen by Islam, this regulation has not been seen as an injustice and inequity by Muslim societies, because in Islamic family law, a man is obliged to ensure the livelihood of the family after marriage. He is also obliged to give his wife her mahr when marrying.In Islamic inheritance law, “necessity principle” is taken as the basis of responsibility that women and man have undertaken in family and society. Therefore, even though giving nothing at all to those who are not in need and giving less to those who are in less need, giving too much to those who are in much need might seem contrary to the principle of equality, it is a necessity of the principle of justice and fairness. As a matter of fact, while "law equality, necessity in sharing" principle, law is arranged according to people's qualifications, goods and wealth sharing is divided according to the needs of people. In this context, there has been a fair division in Islamic heritage law based on the necessity, (distributive) justice and fairness principle. Indeed, the French philosopher Roger Garaudy (1913-2012), who chose /converted to Islam, evaluates the following about the proportion of male child in the Qur'an to that of female child: “When we consider that in the Arab society all the obligations of the family and of the care of the parents and of all the things that we call ‘social security’ today are put on the shoulders of the husband, the hereditary male child's share must be twice as high as the female child’s is”.As Garaudy argues, the difference in the inheritance of women and men in Islamic inheritance law is not a legal discrimination/inequality, but a form of divisiveness stemming from a need based on the role and responsibility that women and men have undertaken in the family and society. Therefore, giving nothing to those who need nothing, giving little to those who need little, and giving a lot to those who need a lot,even though may seem contradictious to the principle of equality, it becomes a necessity of equity and (distributive) justice principle. In this case, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child, is social and economic reasons and it is possible to rank them as follows:1) According to Islamic law, women are not obliged to make their own economic livelihoods. The woman’s economic responsibility belongs to her father or brothers before marriage, and then to her husband after marriage. 2) When a woman is married she is not responsible for herself or other family members’ livelihood. The male is obliged to make a living for himself, his wife and his children.3) While married, the male is obliged to give the wife mahr. The woman has no such responsibility.As it is understood from the above explanations, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child is not about the ontologically “value” based on creation and sex given to the woman (girl child) in Islam. On the contrary, it is the real facts concerning the family and society structure that Islam predicts, the roles and financial obligations that man and woman have undertaken, namely “socio-economic structure/fact”.In some commentaries in classical commentary books, the rights and responsibilities of women and men are referred to, like: the word “degree” mentioned in: …but the men have a degree over them [in responsibility and authority (Al-Baqara 2/228), and the talk about the inheritance shares of boys and girls in: for the male, what is equal to the share of two females (Al-Nisā 4/11). Eventually, the concepts “lil al-dhakari mithlu haẓẓ al-unthayain” have been associated with the gender of the woman/girl child ontologically (based on social fact) by ignoring the referent purpose and socio-economic contexts of these verses. As a result of these interpretations, it was desired that the Islamic law principle of inheritance share of male child being twice the share of female child, ontologically, should be based on a justification that “man is superior to woman”.In this study, some of the era’s dominant culture classical interpretations grounding women's inheritances share on her gender and based on the axis of the concepts of "degree" and “lil al-dhakari mithlu haẓẓ al-unthayain” in the related verses of the Qur'ān will be elaborated. (shrink)

The Canonization of Islamic Law: A Social and Intellectual History. By Ahmed El Shamsy. New York: Cambridge University Press, 2013. Pp. ix + 253. $90.

Child Custody in Islamic Law: Theory and Practice in Egypt since the Sixteenth Century. By Ahmed Fekry Ibrahim. Cambridge: Cambridge University Press, 2018. Pp. ix + 266. $99.99, £75.

Verse 4:34 of the Qur'an has historically been interpreted to give husbands authority over their wives. Even today, such as in a recent case in the United Arab Emirates, Islamic courts have held that the husband has some leeway in "disciplining" wives who act in a rebellious manner to their husbands. This article challenges this interpretation through a comprehensive legal analysis, taking into account the context under which the verse came about, including the societal norms and conditions of the (...) time; the Prophet Muhammad’s profound views against violence towards women; the values of marriage emphasized in the Qur’an; the Qur’an’s incremental approach to improving social behavior and practice; and the higher objectives of Islamic law. (shrink)

How does a Muslim jurist think the law and how, accordingly, he judges a fact? Using Alice in Wonderland as hermeneutical device to explore the logic of fiqh, this article identifies a divergence between Western and Islamic legal thinking in the application of abduction as key form of inference in the law of Islam. In particular, looking at the fact/law relation in symbolic terms, the article highlights how, while a dichotomy between fact and law characterizes Western legal thinking, fiqh (...) upholds a connection between the “real” and the “right”, where the effort in understanding sharī‘ah postulates the actualization of the “rule” in God’s creation. Thus, if sharī‘ahpre-scribes the Law, not only is the rule discovered through the sources, but the right has to be justified through a verdict de-scribing the fact, for the law to be validly stated for the given situation. In this sense, abduction as explanatory “hypothesis” and “inference to the best explanation” of sharī‘ah provides an account for the probabilistic nature of fiqh, its ramification through verdicts, as well as for the epistemic and narrative function of the tradition as core aspects of the logic of Islamic law. At the same time, doubts can be raised about the compatibility between this logic and the deductive logic of modern state law, as a sub-product of Western legal thinking. (shrink)

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education.

The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing (...) the concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn, which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns. (shrink)

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure. By Hina Azam. Cambridge Studies in Islamic Civilization. New York: Cambridge University Press, 2015. Pp. xi + 270. $95.

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