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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

There are barriers of perception between Sudanese Muslims for whom the sharia is a source of authority and identity and others who see it as an oppressive means of dominating Sudan's minority populations. I make a distinction between process and substance in law, and show that a flawed process has contributed to a perception of international law as an instrument of powerful states, which has obscured its legislative and procedural usefulness to the Sudan as a member of the United (...) Nations. Similarly a distortion of due process in Sudan's sharia has created a substance derived from the legacy of medieval Arabia rather than applied legal methodology. One consequence of this is that Sudan's Civil Wars have been given the attributes of offensive jihad against its diverse non-Muslim populations. I argue that offensive jihad was a legal construction designed to meet the challenges of medieval Arab society, with little basis in the fundamental sources of Islamic law or in contemporary legal methodology. I advocate a return to due process as a partial solution to the impasse between Muslim and non-Muslim identities in the Sudan, and show how international law can be improved by accommodating other legal traditions. (shrink)

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

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

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

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

Since the Reformation and Enlightenment, the Western world has witnessed the incremental decline of religious influence. Yet, key legal protections and duties incumbent on civilians and state actors in both avowedly secular states and ruling theocracies, predominantly Islamic, are to a lesser or greater extent determined by religious values. Although it is often claimed that the modern secular state encourages the adoption of liberal values and allows for the formulation of general law according to the free will of its people, (...) the historical legacy of law and particularly its synthesis with the Judeo-Christian heritage is apparent. In the UK, the continuing centrality of religion in what purports to be a secular system of laws, is demonstrated by the introduction of elements of Sharia law. In an increasingly culturally-diverse society, the recognition of Islamic law may be interpreted as the tacit acknowledgement of the existing inherent faith influences which continue to inform many legal innovations, and represents an explicit attempt to rebalance the privileging of one set of precepts above another. It is suggested that religion continues to occupy a central position in lawmaking; performing a cultural, political, institutional and, importantly, symbolic role and this is evidenced for instance by the narratives which are imposed on individuals in relation to areas of topical significance such as matrimony, terminal illness, abortion, gender and sexual morality. This paper argues against those pronouncements of the retreat of religion in state affairs and, rather, reveals a set of key structural relations and signifiers which are informed by opinions redolent of, not least of all, a peculiar generic proscriptive religiosity. (shrink)

Most contemporary advocates of the Just War Tradition (JWT) condemn religious war. If they are correct, waging war should be a secular affair, fully justifiable on non-religious grounds. This secularized understanding of the JWT draws on normative commitments that lead many political theorists to advocate in favor of a secularized politics in western liberal polities. As a matter of historical fact and contemporary commitment, many Muslims have rejected the secularized conception of the morality of war found in contemporary conceptions of (...) the JWT. I argue that, given appropriate distinctions between relevantly different kinds of religious war, advocates of the JWT have excellent reason to rethink their antipathy to religious war. Specifically, I argue that distinct kinds of religious war can enjoy differential normative standing and that there is no compelling reason to believe that religiously justified wars must be waged in a morally improper manner, viz., in a way that violates the JWT's in bello requirements. (shrink)

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

Democracy as an administrative system is maintained through party representation and election in which everybody is duly represented, and through a constitution which is prepared in the interest of equity, justice and egalitarianism, and through the rule of law which does not permit any form of preferential or partial treatment and judgement. In Nigeria, democracy came into real existence on 29 May 1999. Coincidentally, sharia, which is the theocratic legal system of Islam, was adopted in Zamfara State followed by (...) some other states of the country almost at the same time. This article is aimed at a critical examination of the socio-religious implications of the practice of theocracy in the implementation of the provisions of sharia as state law in the democratic nation, Nigeria. An attempt at interpreting and proffering solutions to the destabilising effects of the adoption of sharia in contradistinction to the legal system provided by the democratic constitution of the country is made. This research adopted a historical approach and was dependent on both primary and secondary sources. The result indicates that the implications of the 'adoption and practice of sharia in some states of Nigeria are manifest in legal duality, religious partiality and social instability.' This article, therefore, recommends for the country a very important aspect of political restructuring, namely, that religion should be separated from politics. (shrink)

This article is an overview of the evolution of Islamic radicalism during the 19 th - 21 st centuries. It demonstrates that nineteenth century Islamic radicalism is based on the ideas of pan-Islamism, whose main representatives are J. al-Din al-Afghani and M. Abduh. In turn, Islamic radicalism of the twentieth to twentyfirst centuries is based on the ideas of Islamic fundamentalism. Its main representatives are H. Al-Banna, S. Qutb, the Deoband movement, al-Maududi and R. Khomeyni. Pan-Islamic theories of the 19 (...) th -20t h centuries are based on the thesis that people who seek liberation from colonial oppression should merge. However, scholars have different views on the union of the Muslim world. It was, once, regarded as a combination of historical circumstances and the political realities of the nineteenth century. These were further shaped by the basic idea of Islamic fundamentalism in the twentieth to twentyfirst centuries, which is Salafiyya, or a return to “pure Islam”, a revival of active faith traditions and the union of all walks of life under the Sharia law and strict interpretation and application of its rules. The instruments used by Islamic fundamentalists and radicals to implement it have been the Islam-related slogans for Takfir and Jihad. But in the 21st century, integration and globalization have started playing a significant role. Various geopolitical forces are using various tools, including the idea of Islamic radicalism. (shrink)

In this personal narrative the author recounts his experiences teaching bioethics in Pakistan. He notes the different moral, cultural and legal environments of Pakistan as compared to the United States, and in particular, the ways in which subtle interpretations of Sharia law shape bioethical reflections as well as the biomedical legal environment. As he argues, any attempt to export models of bioethics from one country to another with no attention to social and cultural differences is a recipe for failure. (...) To presume that all ethical considerations are universal is to devalue moral traditions that differ from our own, and dismiss cultural values of other societies. (shrink)

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

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