Ebrahim E. I. Moosa
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Conditions of a Valid Custom in Islamic and Common Laws
International Journal of Business and Social Science Vol. 3 No. 4 [Special Issue - February 2012] Conditions of a Valid Custom in Islamic and Common Laws Hafiz Abdul Ghani Assistant Professor of Religious Studies Forman Christian College (A Chartered University) Lahore, Pakistan Abstract This research paper highlights different kinds of customs and conditions for the validity of a legal custom in Islamic Sharī’a and common law. Both Islamic and the Western Jurisprudences have accepted custom and usages as an important sources of law. There is hardly any aspect of Islamic and English Jurisprudences where customary laws do not make their presence felt. From the individual to the international level, the use of customs in legal injunctions is a proven and undeniable fact. In social interaction, customs and usages encompass all these matters of every day life: inheritance, marriage, divorce, dowry, guardianship, adulthood, family ties, will, property, bestowal, division, religious rituals and adoption of a child. It is true that ‘urf and ‘ādat cannot attain the status of law unless they are supported by some political authority. But this is also a fact – and an undeniable fact – that, in the beginning, customs and usages as well as moral values acquired the status of laws. Key Words: Custom, Usage, ‘Urf , Ādat, sharī‘a, Law, jurisprudence Introduction Custom and usage are two technical terms of English jurisprudence which are known in Islamic jurisprudence as Literally and technically, these terms differ but in usage in society they overlap each .(عاده) and Ādah(عشف) Urf‘ other. In Islamic Law the definition of custom is stated as follows: “‘Urf or ‘ādah is (a state) which is firmly established in hearts and appeals one logically. -
Ebrahim E. I. Moosa
January 2016 Ebrahim E. I. Moosa Keough School of Global Affairs Kroc Institute for International Peace Studies University of Notre Dame 100 Hesburgh Center for International Studies, Notre Dame, Indiana, USA 46556-5677 [email protected] www.ebrahimmoosa.com Education Degrees and Diplomas 1995 Ph.D, University of Cape Town Dissertation Title: The Legal Philosophy of al-Ghazali: Law, Language and Theology in al-Mustasfa 1989 M.A. University of Cape Town Thesis Title: The Application of Muslim Personal and Family Law in South Africa: Law, Ideology and Socio-Political Implications. 1983 Post-graduate diploma (Journalism) The City University London, United Kingdom 1982 B.A. (Pass) Kanpur University Kanpur, India 1981 ‘Alimiyya Degree Darul ʿUlum Nadwatul ʿUlama Lucknow, India Professional History Fall 2014 Professor of Islamic Studies University of Notre Dame Keough School for Global Affairs 1 Kroc Institute for International Peace Studies & Department of History Co-director, Contending Modernities Previously employed at the University of Cape Town (1989-2001), Stanford University (visiting professor 1998-2001) and Duke University (2001-2014) Major Research Interests Historical Studies: law, moral philosophy, juristic theology– medieval studies, with special reference to al-Ghazali; Qur’anic exegesis and hermeneutics Muslim Intellectual Traditions of South Asia: Madrasas of India and Pakistan; intellectual trends in Deoband school Muslim Ethics medical ethics and bioethics, Muslim family law, Islam and constitutional law; modern Islamic law Critical Thought: law and identity; religion and modernity, with special attention to human rights and pluralism Minor Research Interests history of religions; sociology of knowledge; philosophy of religion Publications Monographs Published Books What is a Madrasa? University of North Carolina Press Chapel Hill, NC: University of North Carolina Press, 2015): 290. -
Islamic Ethics in Australian Muslim Everyday Life: a Shi’Ite Perspective Mohamad Younes
Islamic Ethics in Australian Muslim Everyday Life: A Shi’ite Perspective Mohamad Younes Master’s Thesis in Sociology Spring Term 2017 Humanities and Communication Arts Western Sydney University 1 17481784 Mohamad Younes 2 17481784 Mohamad Younes ABSTRACT Despite the strong emphasis on ethics within the Islamic tradition, Islamic ethics itself is scarcely represented as a discipline within academic scholarship (Ansari 1989). Even within this area, Islamic ethics have predominantly been studied from Sunni perspectives, with little attention being paid to Shi’ite or other minority understandings. This thesis will, therefore, use qualitative data collection methods of semi-structured in-depth interviews and focus groups, to sociologically study the perceptions, understandings, and applications of Islamic ethics in Australian Shi’ite Muslim everyday living. It will investigate the overarching understanding of Islamic ethics and its specific application in Australian Shi’ite Muslim context. The project's objective, therefore, is twofold: one to strengthen Islamic ethics as an independent discipline; and two to address the scant attention Shi’ite Islamic ethics has received in Islamic ethics scholarship generally. Conceptually, this project will contribute to the understanding of Islamic ethics through a particular analysis of Shi’ite Islamic ethics in an Australian Shi’ite context. This is significant as specific understandings of Islamic ethics in certain contexts help to explain how minority groups such as Shi’ite Muslims develop their own ethical standards to shape social relations in society. In addition, this thesis argues for Shi’ite Islamic ethics to be highly Imamate based; that is, very reliant on the actions and sayings of 12 divinely guided Imams (leaders). -
The Expansion of Prophetic Experience
Th e Expansion of Prophetic Experience Th e Expansion of Prophetic Experience Essays on Historicity, Contingency and Plurality in Religion By Abdulkarim Soroush Translated by Nilou Mobasser Edited with Analytical Introduction by Forough Jahanbakhsh LEIDEN • BOSTON 2009 Cover illustration: Hamid Nouri This book is printed on acid-free paper. Library of Congress Cataloging-in-Publication Data Surūsh, ʿAbd al-Karīm. [Bast-i tajrubah-ʾi nabavi. English] The expansion of prophetic experience : essays on historicity, contingency and plurality in religion / edited with analytical introduction by Forough Jahanbakhsh ; translated by Nilou Mobasser. p. cm. Includes bibliographical references and index. ISBN 978-90-04-17105-3 (hardback : alk. paper) 1. Muhammad, Prophet, d. 632—Prophetic offi ce. 2. Islam—Doctrines. I. Jahanbakhsh, Forough. II. Mobasser, Nilou. III. Title. BP166.55.S8713 2008 297.2—dc22 2008035400 ISBN 978 90 04 17105 3 Copyright 2009 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Hotei Publishing, IDC Publishers, Martinus Nijhoff Publishers and VSP. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. printed in the netherlands CONTENTS Preface .................................................................................................. ix Introduction ........................................................................................ xv Part One Chapter One Th e Expansion of Prophetic Experience ............ -
REVIEW of Carool Kersten, CONTEMPORARY THOUGHT in the MUSLIM WORLD: TRENDS, THEMES, and ISSUES Routledge, 2019, 218 Pp., ISBN 9780415855082
REVIEW OF Carool Kersten, CONTEMPORARY THOUGHT IN THE MUSLIM WORLD: TRENDS, THEMES, AND ISSUES Routledge, 2019, 218 pp., ISBN 9780415855082 Maja Bjelica Contemporary Thought in the Muslim World: Trends, Themes, and Issues, a scientific monograph by Carool Kersten, is a synthetic pres- entation of the intellectual aspect of the contemporary Islam and Muslim world. This condensed text was enabled by the author’s 35-year experience in wide readings and re- searching of the intellectual history of Islam and thoughts and texts of Muslim intellectuals. To the author’s deep engagement in his research field testify not only his edited and au- thored books, such as The Fatwa as an Islamic Legal Instrument: Concept, Historical Role, Contemporary Rel- evance (in 3 volumes, from 2018), A History of Islam in Indonesia: Unity in Diversity (2017), Islam in Indonesia: The Contest for Society, Ideas and Val- ues (2015), Cosmopolitans and Her- etics: New Muslim Intellectuals and the https://doi.org/10.35469/poligrafi.2020.264 Poligrafi, no. 99/100, vol. 25, 2020, pp. 147–155 147 POLIGRAFI Study of Islam (2011), or other chapters and articles he contributed to the scientific collections and journals, but also the interviews and talks he gives to the public through the media in order to offer an alternative view on Islam and the Muslim world to the Western societies. This book, published by Routledge in 2019, is an alternative ac- count in its field, “counterbalancing narratives that emphasise politics and confrontations with the West,”1 and this is only one of the reasons this book is “an essential resource for students and scholars of Islam.”2 Another is the impressive variety of topics this book covers: starting from an overview of contemporary Muslim intellectuals and with an attempt at categorisation of their ideas, followed by a fundamental in- sight into philosophies of knowledge and their transmission and ap- prehension of reason. -
Are We There Yet? on the Saga of Islam and Modernity
H-Mideast-Politics Are We There Yet? On the Saga of Islam and Modernity Discussion published by Layal Mohammad on Tuesday, April 3, 2018 Type: Event Date: April 25, 2018 Location: United Kingdom Subject Fields: Humanities, Islamic History / Studies, Social Sciences, Sociology The Aga Khan University-Institute for the Study of Muslim Civilisations cordially invites you to the event Are We There Yet? On the Saga of Islam and Modernity on the occasion of the launch of a new book by Professor Ali Paya entitled Islam, Modernity and a New Millennium: Themes from a Critical Rationalist Reading of Islam. Abstract Among the varieties of responses developed by Muslims in reaction to the challenges presented to them by modernity, construction of new epistemological frameworks to help Muslims to come to terms with the requirements of modern times is of particular importance. Muslim thinkers from Muhammad Iqbal Lahori, to Nasr Hamed Abu Zayd, to Muhammed Arkoun, to Abdolkarim Soroush, and many more, each in their own way, tried to create new systems of thought to interpret the Islamic teachings in thoroughly new fashions. In a real sense, the aim of all these new intellectual machineries has been to produce a fresh paradigm in which modernity and tradition could be reconciled in novel ways that prove to be compatible with the norms of the modern age. A shared feature among all these epistemological approaches is that they maintain that the most effective way for reform is to produce an entirely new way of understanding the fundamental Islamic principles and tenets. Islam, Modernity and a New Millennium: Themes from a Critical Rationalist Reading of Islam belongs to this same intellectual tradition. -
The Prophet, the Qur'an, and Islamic Ethics Conclusion
Conclusion The Prophet, the Qur’an, and Islamic Ethics Rudolph Ware Nun. By the pen, and what they trace. You are not insane, by your Lord’s grace. And indeed for you, a reward forever For you are indeed, atop great character (Qur’an, Sura al-Qala 68:1–5). he Prophet Muhammad, bearer of the Qur’an, holds a lofty ontolog- ical status in Islam. He is a human being, but his very being is sacred.1 He is the mediating instrument responsible For transmitting to the T 2 world what Muslims believe to be God’s verbatim speech. And as such, he is the source, embodied example, and center of contemplation For Muslim approaches to knowing God.3 For Fourteen centuries, the traditional religious sciences (‘ulum al-din) have grappled with the meaning of this one man’s life.4 Countless volumes have sought to come to terms with his legacy. Collections of records (hadith) about his life and times, his words and deeds, his virtues and miracles are essential to Muslim jurists, theologians, and historians alike.5 Scholars have penned countless volumes trying to know the Book, the God that sent it, and the man who brought it.6 They have poured out their ink— and the letter “nun,” which opens the Chapter of The Pen is often likened to an inkwell—trying to understand the man who inscribed God’s fnal revealed Book onto the tablet of history. Knowing—indeed loving—the Prophet is also the very core of the tra- ditional religious science known as Sufsm.7 For in envisioning, enacting, and embodying his example (sunna), Muslims seek to cultivate ethical excellence and draw near to God.8 And if ethics are at the heart of Sufsm—and its 223 224 RuDolph Ware wellsprings, the Qur’an and the sunna—then Suf values are not only meta- physical but also political.9 While this essay will not sketch the political history of Sufsm in the region, it is important to get a sense of the sheer demographic signifcance of Sufsm in West Africa. -
Tradition, Change and Social Reform in the Fatwas of the Imam Muhammad 'Abduh
American University in Cairo AUC Knowledge Fountain Theses and Dissertations Spring 5-26-2017 Tradition, change and social reform in the fatwas of the Imam Muhammad 'Abduh Malak Tewfik Badrawi The American University in Cairo Follow this and additional works at: https://fount.aucegypt.edu/etds Recommended Citation APA Citation Badrawi, M. T. (2017).Tradition, change and social reform in the fatwas of the Imam Muhammad 'Abduh [Master’s thesis, the American University in Cairo]. AUC Knowledge Fountain. https://fount.aucegypt.edu/etds/1438 MLA Citation Badrawi, Malak Tewfik. Tradition, change and social reform in the fatwas of the Imam Muhammad 'Abduh. 2017. American University in Cairo, Master's thesis. AUC Knowledge Fountain. https://fount.aucegypt.edu/etds/1438 This Master's Thesis is brought to you for free and open access by AUC Knowledge Fountain. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of AUC Knowledge Fountain. For more information, please contact [email protected]. School of Humanities and Social Sciences Tradition, Change and Social Reform in the Fatwas of the Imām Muhammad ‘Abduh A Thesis submitted to ARIC Arabic and Islamic Civilizations in partial fulfilment of the requirements for the degree of Master of Arts by Malak Tewfik Badrawi (under the supervision of Dr. Mohamed Serag) ACKNOWLEDGEMENTS I am very grateful to Dr. Mohamed Serag for his guidance. I would like to thank Mr. Yasser Mohammed Isma‘il for helping me with some of the Arabic terminology, and Dr. ‘Abd el-Wahid Nabawi and Mme Nadia Moustafa at Dar al-Watha’iq al- Qawmiya for their kindness. -
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 View from Pakistan Clark B
University of St. Thomas Law Journal Volume 7 Article 9 Issue 3 Spring 2010 2010 Can Islamizing a Legal System Ever Help Promote Liberal Democracy?: A View from Pakistan Clark B. Lombardi Bluebook Citation Clark B. Lombardi, Can Islamizing a Legal System Ever Help Promote Liberal Democracy?: A View from Pakistan, 7 U. St. Thomas L.J. 649 (2010). This Article is brought to you for free and open access by UST Research Online and the University of St. Thomas Law Journal. For more information, please contact [email protected]. ARTICLE CAN ISLAMIZING A LEGAL SYSTEM EVER HELP PROMOTE LIBERAL DEMOCRACY?: A VIEW FROM PAKISTAN CLARK B. LOMBARDI* I. INTRODUCTION1 Over the past twenty-five years, academics have written a great deal about the relationship between Islam and democracy and between Islam and human rights. In the course of the scholarly discourse, debate has emerged as to whether the thickly liberal rule of law can survive in a society where the legal system is undergoing Islamization. Commentators can generally be divided into pessimists and cautious optimists. Pessimists suggest that, regrettably, Islamic values are essentially incompatible with the thickly lib- eral rule of law.2 The cautious optimists disagree.3 Cautious optimists argue * Associate Professor of Law, Adjunct Associate Professor of International Relations, Uni- versity of Washington. The author dedicates this article to the memory of his mother, Rosemarie Benner Lombardi, 1936–2009, relentlessly enthusiastic, supportive, and ever willing to think “outside the box.” 1. The research for this article grows out of an earlier research project whose findings were published in Clark B. -
The Central Islamic Lands
77 THEME The Central Islamic 4 Lands AS we enter the twenty-first century, there are over 1 billion Muslims living in all parts of the world. They are citizens of different nations, speak different languages, and dress differently. The processes by which they became Muslims were varied, and so were the circumstances in which they went their separate ways. Yet, the Islamic community has its roots in a more unified past which unfolded roughly 1,400 years ago in the Arabian peninsula. In this chapter we are going to read about the rise of Islam and its expansion over a vast territory extending from Egypt to Afghanistan, the core area of Islamic civilisation from 600 to 1200. In these centuries, Islamic society exhibited multiple political and cultural patterns. The term Islamic is used here not only in its purely religious sense but also for the overall society and culture historically associated with Islam. In this society not everything that was happening originated directly from religion, but it took place in a society where Muslims and their faith were recognised as socially dominant. Non-Muslims always formed an integral, if subordinate, part of this society as did Jews in Christendom. Our understanding of the history of the central Islamic lands between 600 and 1200 is based on chronicles or tawarikh (which narrate events in order of time) and semi-historical works, such as biographies (sira), records of the sayings and doings of the Prophet (hadith) and commentaries on the Quran (tafsir). The material from which these works were produced was a large collection of eyewitness reports (akhbar) transmitted over a period of time either orally or on paper. -
Legal, Judicial and Interpretive Trends in Pakistan
Development of Khul‘ Law: Legal, Judicial and Interpretive Trends in Pakistan Muhammad Ahmad Munir Institute of Islamic Studies McGill University, Montreal January 2020 A thesis submitted to McGill University in partial fulfillment of the requirements of the degree of Doctor of Philosophy © Muhammad Ahmad Munir, 2020 Table of Contents Abstract ................................................................................................................................................. 5 Résumé .................................................................................................................................................. 5 Acknowledgements .............................................................................................................................. 6 A Note on Transliteration .................................................................................................................... 8 Introduction .......................................................................................................................................... 9 The Question of Ijtihād: What is Ijtihād? ........................................................................................... 13 The ‘Ulamā’ in Modern Pakistan......................................................................................................... 19 Literature Review ................................................................................................................................. 26 Chapter Outline ...................................................................................................................................