2. CONCEPT of GOOD and BAD, Abdul Rauf
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Child Custody in Classical Islamic Law and Laws of Contemporary Muslim World (An Analysis)
International Journal of Humanities and Social Science Vol. 4 No. 5; March 2014 Child Custody in Classical Islamic Law and Laws of Contemporary Muslim World (An Analysis) Aayesha Rafiq Assistant Professor Fatima Jinnah Women University Pakistan; Formerly Research Scholar at University of California Los Angeles. Abstract This article attempts to deliberate on the child custody laws in classical Islamic texts and the contemporary Muslim World with special focus on development of child custody laws in Pakistan. For classical Islamic law, the article refers to the laws as stated in the compendiums of fiqh of sunni and shi’ i schools of thought as well as decisions of Prophet Mohammad (PBUH) his companions and leading Muslim jurists. For the purpose of this study, contemporary Muslim world is divided into Muslim majority regions of Central Asia and Caucasus, South Asia, Southeast Asia, North Africa, South Africa, West Africa, Horn of Africa and Middle East. A thorough analysis of customary practices, personal status laws and trends of courts in these Muslim majority regions is carried out. Effort is made to bring out similarities, differences and developments in child custody laws in contemporary Muslim world. The article is delimited to the discussion on child custody in cases of divorce, judicial separation or dissolution of marriage only. In the end it is suggested that uniform laws can be formulated for the entire Muslim world, in the light of Islamic principles and contemporary practices of the Muslim world. Keywords: child custody, Islamic law, fiqh, shariah, contemporary laws, divorce. 1. Introduction Cases of child custody fall under muamlat in compendiums of Islamic Fiqh. -
Post-Colonial Discourse on Siyasah in Islamic
Article Kardan Journal of Law Post-Colonial Discourse on 1 (1) 112–130 Siyasah in Islamic Criminal Law ©2019 Kardan University Kardan Publications Kabul, Afghanistan https://kardan.edu.af/Research/kar Muhammad Mushtaq Ahmad dan_journal_of_law.aspx Abstract In the post-colonial discourse on Islamic criminal law, more often than not the right of Allah has been deemed synonymous to public right and, thus, the doctrine of siyasah as expounded by the Hanafi School has been generally misunderstood. Resultantly, the whole edifice of criminal justice system as developed by Muslim jurists has been turned upside down. One of the reasons for this development is that in the post-colonial discourse, scholars have generally ignored the proper legal manuals, particularly those of the Hanafi School, and have instead focused on works of general political theory. Another reason is that scholars have found it convenient to mix-up the views of the various schools. This paper critically examines this general trend and, then, elaborates the position of the Hanafi School with the help of the work of Imran Ahsan Khan Nyazee, a renowned jurist, who expounded the Hanafi doctrine of siyasah in detail and explained its peculiar nature. Nyazee’s work shows that the Hanafi doctrine of siyasah, if applied properly, can provide better solution to many complicated issues of criminal justice system in the modern world. Keywords: Islamic Criminal Law, Siyasah, Classification of Rights Dr. Muhammad Mushtaq Ahmad is Associate Professor and Director-General, Shariah Academy, International Islamic University, Islamabad, Pakistan. 112 Ahmad (2019) Introduction “Siyasah is a strict law (shar‘ mughallaz)”, says ‘Ala’ al‐Din Abu ’l‐Hasan ‘Ali b. -
Islamic Perspective of Human Resource Management: Some Salient Features Shah Khan ∗
Islamic Perspective of Human Resource Management: Some Salient Features Shah Khan ∗ Abstract Islam integrates spiritual and material progress. It also integrates individual and collective growth and well being. It combines this world with the hereafter. It aims at developing all these aspects simultaneously. No aspect of the human being is allowed to develop unduly or at the cost of others. It combines its laws of (Ad’l) and spiritual morality (Ihsaan and Taqwa). In the national context, the Islamic principles of HRM can prove to be useful in dealing with the problems of in-efficiency, mis-use of authority in national institutions, myriad social divides afflicting the nation at large, which stem primarily from the HRM related challenges faced by these institutions and the nation. Application of Islamic HRM principles can significantly help in overcoming crisis in training, leadership, essential professional skills, knowledge and attitudes required for productive careers and useful role in society. In the international context also, these principles & practices can help tackle the challenges arising from increasing Muslim population across the globe in the realm of cultural gaps, diversity & leadership issues and managing effectively the increasing number of Muslim employees in the multi-national and multi-cultural organizations. The Islamic HRM practices are based on ethical values, trust and voluntary motivation, and consider employees more than mere resources as the modern practices do and thus focus more on HRD than HRM. Islamic training -
Defining Shariʿa the Politics of Islamic Judicial Review by Shoaib
Defining Shariʿa The Politics of Islamic Judicial Review By Shoaib A. Ghias A dissertation submitted in partial satisfaction of the Requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Malcolm M. Feeley, Chair Professor Martin M. Shapiro Professor Asad Q. Ahmed Summer 2015 Defining Shariʿa The Politics of Islamic Judicial Review © 2015 By Shoaib A. Ghias Abstract Defining Shariʿa: The Politics of Islamic Judicial Review by Shoaib A. Ghias Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Malcolm M. Feeley, Chair Since the Islamic resurgence of the 1970s, many Muslim postcolonial countries have established and empowered constitutional courts to declare laws conflicting with shariʿa as unconstitutional. The central question explored in this dissertation is whether and to what extent constitutional doctrine developed in shariʿa review is contingent on the ruling regime or represents lasting trends in interpretations of shariʿa. Using the case of Pakistan, this dissertation contends that the long-term discursive trends in shariʿa are determined in the religio-political space and only reflected in state law through the interaction of shariʿa politics, regime politics, and judicial politics. The research is based on materials gathered during fieldwork in Pakistan and datasets of Federal Shariat Court and Supreme Court cases and judges. In particular, the dissertation offers a political-institutional framework to study shariʿa review in a British postcolonial court system through exploring the role of professional and scholar judges, the discretion of the chief justice, the system of judicial appointments and tenure, and the political structure of appeal that combine to make courts agents of the political regime. -
A STUDY of FIQH LITERATURE in URDU Since 1857 AD
A STUDY OF FIQH LITERATURE IN URDU Since 1857 A.D. DISSERTATION SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF iWafiter of ^Ijiloiopl^p IN Mamit ^tuhiti #(^:fl jn i^yiixowicf BY l\A >\ ZIAUDDIN C C( I UNDER THE SUPERVISION OF Dr. ZAFARUL ISLAM {READER) DEPARTMENT OF ISLAMIC STUDIES ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 1996 DS2924 ^v^^.^^^ ''''y^'^^^. DEDICATED TO MY PARENTS CONTENTS PREFACE 1-IV INTRODUCTION 1-10 CHAPTER-I : DEVELOPMENT OF FIQH LITERATURE 11-2 5 IN THE SUB-CONTINENT CHAPTER-II : TRANSLATION OF ARABIC, PERSIAN AND 26-43 ENGLISH WORKS CHAPTER-III • ORIGINAL WORKS 44-125 CHAPTER-IV . BRIEF INTRODUCTION TO THE IMPORTANT 126-180 WORKS BIBLIOGRAPHY 181-184 GLOSSARY I-VIII (I) PREFACE Selection of topic for my dissertation was guided by many factors and considerations. Among them, the foremost was the idea that a comprehensive bibliographical dictionary of fiqh literature in India in the recent times should be prepared for it would not only be helpful in providing an indicator of the intellectual potential of the Muslim Intelligenstia of the Indo-Pak subcontinent, but also a guide to the young and experienced researchers alike for the location of the relevant material. The study of nature of survey, and as such does not warrant or pre-suppose a critical or analytical examination of the Urdu Fiqh literature in India. Nevertheless, it provides an insight into the juridical mind of muslim India, besides opening a window to the academic awakening of the Muslim Ulama and Fuqaha of the country. It is presented with the hope that some serious scholars would utilize the accumulated information for deeper studies on the subject, apart from enriching it from bibliographical point of view. -
Islamist Politics in South Asia After the Arab Spring: Parties and Their Proxies Working With—And Against—The State
RETHINKING POLITICAL ISLAM SERIES August 2015 Islamist politics in South Asia after the Arab Spring: Parties and their proxies working with—and against—the state WORKING PAPER Matthew J. Nelson SUMMARY: Mainstream Islamist parties in Pakistan such as the Jama’at-e Islami and the Jamiat-e-Ulema-e-Islam have demonstrated a tendency to combine the gradualism of Brotherhood-style electoral politics with dawa (missionary) activities and, at times, support for proxy militancy. As a result, Pakistani Islamists wield significant ideological influence in Pakistan, even as their electoral success remains limited. About this Series: The Rethinking Political Islam series is an innovative effort to understand how the developments following the Arab uprisings have shaped—and in some cases altered—the strategies, agendas, and self-conceptions of Islamist movements throughout the Muslim world. The project engages scholars of political Islam through in-depth research and dialogue to provide a systematic, cross-country comparison of the trajectory of political Islam in 12 key countries: Egypt, Tunisia, Morocco, Kuwait, Saudi Arabia, Yemen, Syria, Jordan, Libya, Pakistan, as well as Malaysia and Indonesia. This is accomplished through three stages: A working paper for each country, produced by an author who has conducted on-the-ground research and engaged with the relevant Islamist actors. A reaction paper in which authors reflect on and respond to the other country cases. A final paper incorporating the insights gleaned from the months of dialogue and discussion. The Brookings Institution is a nonprofit organization devoted to independent research and policy solutions. Its mission is to conduct high-quality, independent research and, based on that research, to provide innovative, practical recommendations for policymakers and the public. -
“Blessed Boundaries: the Limits of Sunnah to Legitimize Violence” Islamic Peace Ethics: Legitimate and Illegitimate Violence in Contemporary Islamic Thought Eds
“Blessed Boundaries: the limits of Sunnah to legitimize violence” Islamic Peace Ethics: Legitimate and Illegitimate Violence in Contemporary Islamic Thought Eds. Heydar Shadi and Gerhard Beestermöller (Bonn: Nomos, 2017). Charles M. Ramsey, PhD Assistant Professor of Religion and Public Policy Forman Christian College, Lahore, Pakistan Abstract: The role of Sunnah in legitimizing violence is a central issue in con- temporary discourse in Pakistan. There is an established consensus that the exem- plary way of the Prophet as recorded in Hadith is a foundational source for pre- scribing licit behaviour. However, there is disagreement amongst scholars regard- ing which facets of the Prophet’s example are applicable. More specifically, is Sunnah limited to Prophetic testimony pertaining to matters of religion (din), or does this include matters of state (dunya) as well? This is a long-standing question amongst modern South Asian interpreters, and the answer has direct implications upon the parameters of religiously sanctioned violence. In the extreme, clerics of the Deoband (mamati) faction such as Abdul Aziz Ghazi, khatib of Lal Masjid in Islamabad, appeal to prophetic example in order to legitimize attacks not only of government forces but also of their dependents. This was most dramatically seen in the gruesome mutilation of students in the Army School in Peshawar (Decem- ber 16, 2014). Representatives of the Islahi School sternly disagree. A leading ex- ample of this position is Javed Ahmad Ghamidi (b. 1952), a student and then critic of the late Maulana Mawdudi (d. 1979). Ghamidi vociferously condemns such at- tacks as contrary to interpretative consensus concerning the bounds of tradition. -
The Crime of Rape and the Hanafi Doctrine of Siyasah
Pakistan Journal of Criminology Volume 6, No.1, Jan-June 2014, pp.171 - 202 171 The Crime of Rape and The Hanafi Doctrine of Siyasah Muhammad Mushtaq Ahmad Abstract The issue of rape has remained one of the most contentious issues in the modern debate on Islamic criminal law. It is generally held that because of the strict criterion for proving this offence,injustice is done with the victim of rape. This essay examines this issue in detail and shows that the doctrine of siyasah [the authority of the government for administration of justice] in the Hanafi criminal law can make the law against sexual violence more effective without altering the law of hudud. The basic contention of this essay is that a proper understanding of the Hanafi criminal law, particularly the doctrine of siyasah, can give viable and effective solutions to this complicated issue of the Pakistani criminal justice system. It recommends that an offence of sexual violence is created which does not involve sexual intercourse as an essential element. That is the only way to delink this offence from zina and qadhf and bring it under the doctrine of siyasah. This offence will, thus, become sub-category of violence, not zina. The government may bring sex crimes involving the threat or use of violence under one heading and, then, further categorize it in view of the intensity and gravity of the crime. It may also prescribe proper punishments for various categories of the crime. Being a siyasah crime, it will not require the standard proof prescribed by Islamic law for the hadd offences. -
A Study of Amin Ahsan Islahi
The International Journal Of Humanities & Social Studies (ISSN 2321 - 9203) www.theijhss.com THE INTERNATIONAL JOURNAL OF HUMANITIES & SOCIAL STUDIES Points of Difference and Resolution in an Islamic State: A Study of Amin Ahsan Islahi Khalida Majid Senior Research Fellow, Department of Islamic Studies, University of Kashmir, Jammu & Kashmir, India Abstract: Mawlana Isl aŬhi brings about histrionically point of discussion “how did differences Emerged”? In harmony via elucidating it, he gives two factors responsible for fermenting differences in Islamic fiqh. resulted in the ر ﷲ and Hadrat Ali ر ﷲ Firstly, the assassination of Khulafa-e-Rashidin Hadrat Uthman .1 coming of regime which no doubt managed a strongly grip over the masses through their political might but could never win full confidence of the Muslims in general in regard to their ability to guide the later in matters of Shar’iah people depended on ‘ Ulama and there was no longer any institution available to them for converting their differences into harmony. 1 2. Secondly, there appeared different centers of fiqh with the expansion of Islamic state, as Madinah, Makkah, Kufa, Basra, Yaman, Sham, during the period of Taba’in . Then he gives the characteristic differences between these schools of fiqh .2 After Taba’in , he takes up the Fuqaha of the later periods that at the one hand they started freely accepting all sorts of Mauguf and Mussul Ahadith and on the second side they used to scrutinize different Ahadith on the particular issue. 3. Thirdly, they would also prefer the local school of thought if incase they found any differences in the observations of the companions, and thus there were three schools of Fiqh : i. -
Curriculum Vitae
Curriculum Vitae Full Name : DR. AURANG ZEB AZMI Pen-Name : Ibn-e-Layeeque Azmi (Old) Father’s Name : Layeeque Ahmad Date of birth. : 21-08-1977 Nationality : Indian Religion : Islam Marital Status : Married Languages Known : Arabic, English, Urdu & Persian Correspondence Address: Department of Arabic, Jamia Millia Islamia, Jamia Nagar, New Delhi-110025 E-mail: [email protected] & [email protected] Mob:-+91-8010269376 Permanent Address : Vill. & Post. Mundiar, Distt. Azamgarh.U.P. India Mob:- +91-9718927697 Academic Qualifications: Direct Ph. D (Arabic) from Jawaharlal Nehru University (JNU), in Nov. 2007 [Topic of the Research: Selected English Translations of the Qur’an, a Critical and Analytical Study from 1930 to 2001] Fazil Diniyat (Arabic & Urdu) from Jamia-e-Diniyat Urdu, Deoband, U.P. with 1st Division in 2006 M.A. (Arabic) from JNU with 1st Division & Position in 2001 M.A. (Persian) from JMI with Div. 1st in 2008 Adv. Diploma in Modern Arabic & Translation from Jamia Millia Islamia (JMI) with 1st Division & 3rd Position in1999 1 B.A. (Pass) from JMI with 1st Division in1999 Diploma in Modern Arabic & Translation from JMI with 1st Division & 1st Position in1998. DTP (Certificate in Computer) from Comtech in 1998 Teachers Training Course from Islamic University, Madinah Munawwarah, K.S.A. with 1st Division & Distinction in 1996 Al-Fazilat from Madrasatul Islah, Azamgarh, U.P. with 1st Division & 1st Position in 1995- 96 Adeeb from Jamia Urdu, Aligarh, U.P. with 1st Division & Distinction in 1991 Experience: Asst. Professor, Department of Arabic, Jamia Millia Islamia, Jamia Nagar, New Delhi, since 8th of July, 2014 till the date. -
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Critical Readings: Devotional Reflections in the Pursuit of Quranic Understanding in Contemporary Pakistan Nadia Loan Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2012 © 2012 Nadia Loan All rights reserved ABSTRACT Critical Readings: Devotional Reflections in the Pursuit of Quranic Understanding in Contemporary Pakistan Nadia loan This dissertation is a study of contemporary forms of Quranic learning among women in urban Pakistan. Over the last two decades, Quran study programs which promise an in-depth and personal knowledge of the text, have become immensely popular among literate women from all backgrounds in urban centers of Pakistan. Placing an emphasis on developing skills for reading and understanding the Quran, such programs of study have adopted an approach to textual engagement that departs significantly from previously dominant modes of recitation and memorization of the Quran in everyday practices of ritual devotion. Drawing upon ethnographic fieldwork conducted among women participants of Quranic study, this dissertation investigates these sites of learning to highlight the competencies, logics and modes of argumentation that are encouraged and cultivated among women readers of the Quran. It locates the shift from Quranic recitation to reading within a genealogy of the modernist exegetical tradition popularized by Syed Abul Ala Maududi in the mid-twentieth century in South Asia which made the ‘ordinary’ reader its main focus rather than the scholarly world of the Ulama. It foregrounds this as the condition under which a popular hermeneutics of the Quran emerges in contemporary Pakistan and demonstrates how privileging a modality which illuminates the Quran’s ‘true’ meaning steers conceptions about the text and its role in defining ethical action for women readers.