ISIM Newsletter 12 ISIM
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Interpreting the Qur'an and the Constitution
INTERPRETING THE QUR’AN AND THE CONSTITUTION: SIMILARITIES IN THE USE OF TEXT, TRADITION, AND REASON IN ISLAMIC AND AMERICAN JURISPRUDENCE Asifa Quraishi* INTRODUCTION Can interpreting the Qur’an be anything like interpreting the Constitution? These documents are usually seen to represent overwhelming opposites in our global legal and cultural landscapes. How, after all, can there be any room for comparison between a legal system founded on revelation and one based on a man-made document? What this premise overlooks, however, is that the nature of the founding legal text tells only the beginning of the story. With some comparative study of the legal cultures that formed around the Qur’an and the Constitution, a few common themes start to emerge, and ultimately it turns out that there may be as much the same as is different between the jurisprudence of Islam and the United States. Though set against very different cultures and legal institutions, jurists within Islamic law have engaged in debates over legal interpretation that bear a striking resemblance to debates in the world of American constitutional theory.1 We will here set these debates next to * Assistant Professor, University of Wisconsin Law School. The author wishes to thank Frank Vogel and Jack Balkin for their support and advice in the research that contributed to this article, and Suzanne Stone for the opportunity to be part of a stimulating conference and symposium. 1 Positing my two fields as “Islamic” and “American” invokes a host of potential misunderstandings. First, these are obviously not mutually exclusive categories, most vividly illustrated by the significant population of American Muslims, to which I myself belong. -
Adab Al-Fatwa Manuals
T S M U I T IFT5” BlackwellOxford,MUWOMuslim0027-4909©October964ORIGINAL 2006 WorldHartfordUK 2006 Publishing ARTICLE Seminary Ltd TheT S M M UW I T Ifta[*3][002] Shifting Moral Universes of the Islamic Tradition of Ifta”: A Diachronic Study of Four Adab al-Fatwa Manuals Alexandre Caeiro ISIM Leiden, The Netherlands he importance of Islamic non-binding opinions, or fatwas, for scholarly research is now well-established. Perceiving the fatwa as a meeting T point between legal theory and social practice — an understanding which is shared by many contemporary muftis — historians, legal scholars, and anthropologists have dressed a rich catalogue of the functions of fatwas in Muslim Societies. Although this literature is too extensive to be reviewed here, there appear to be four interrelated thematic levels: fatwas as legal tools; as social instruments; as political discourses; and as doctrinal-reform devices. As technical tools, fatwas were part of the litigation process, issued at the request of the qadi (judge) and impacting court cases; fatwas were also cheaper and less conflictual alternatives to legal proceedings. They are thus not mere reflections of legal practice, but distinct contributions to the relationship between law and society. Fatwas routinely contributed to the social stability of Muslim communities by “providing formal administrative organization and informal networks for running the affairs of society.”1 They provided a sense of order and identity, circumscribing, in the elegant formulation of Skovgaard-Petersen, “the -
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. -
“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. -
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Islamic Peace Ethics Legitimate and Illegitimate Violence in Contemporary Islamic Thought
Studien zur Friedensethik Studies on Peace Ethics | Heydar Shadi [ed.] Islamic Peace Ethics Legitimate and Illegitimate Violence in Contemporary Islamic Thought Das Institut für Theologie und Frieden hat die Aufgabe, die ethischen Grundlagen menschlicher Friedensordnung zu erforschen und in den aktuellen friedenspolitischen Diskurs hineinzutragen. Mit den „Studien zur Friedensethik“ wird eine friedensethische Vertiefung der außen- und sicherheitspolitischen Debatte angestrebt. Dabei geht es letztlich um die Frage: Durch welche Politik wird den heute von Gewalt, Armut und Unfreiheit bedrohten Menschen am bes- ten geholfen und zugleich der Errichtung einer zukünftigen fried- lichen internationalen Ordnung gedient, in der Sicherheit, Wahrung der Gerechtigkeit und Achtung der Menschenrechte für alle gewährleistet werden? Studien zur Friedensethik Studies on Peace Ethics herausgegeben von Prof. Dr. Heinz-Gerhard Justenhoven Dr. Bernhard Koch Band 57 Heydar Shadi [ed.] Islamic Peace Ethics Legitimate and Illegitimate Violence in Contemporary Islamic Thought 2.Auflage Nomos Die Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is available in the Internet at http://dnb.d-nb.de ISBN HB (Nomos) 978-3-8487-4050-5 ePDF (Nomos) 978-3-8452-8349-4 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. ISBN HB (Nomos) 978-3-8487-4050-5 ePDF (Nomos) 978-3-8452-8349-4 Library of Congress Cataloging-in-Publication Data Shadi, Heydar Islamic Peace Ethics Legitimate and Illegitimate Violence in Contemporary Islamic Thought Heydar Shadi (ed.) 263 p. Includes bibliographic references. ISBN HB (Nomos) 978-3-8487-4050-5 ePDF (Nomos) 978-3-8452-8349-4 ISBN 978-3-402-11704-0 (Aschendorff Verlag, Münster, Print) ISBN 978-3-402-11704-0 (Aschendorff Verlag, Münster, ePDF) Die Schriftenreihen ‚Beiträge zur Friedensethik‘ und ‚Theologie und Frieden‘ sind jeweils bis Band 44 beim Verlag W. -
“Greatest Saint”: Debating Sufism in Nineteenth And
Mesned İlahiyat Araştırmaları Dergisi/ Journal of Mesned Divinity Researches ISSN 2667-7075| e-ISSN 2687-3605 | https://dergipark.org.tr/tr/pub/mesned Cilt (Vol.) 11 Sayı (Issue 2) Güz - (Autumn) 2020 ARAŞTIRMA MAKALESİ | RESEARCH ARTICLE (Bu Makalenin intihal içermediği benzerlik tarama programlarıyla teyit edilmiştir. / The similarity that this article does not contain plagiarism, has been confirmed by plagiarism checker programs.) Gönderim Tarihi: 14.09.2020|Kabul Tarihi: 2.09.2020 On Feet, Necks and the “Greatest Saint”: Debating Sufism in Nineteenth and Twentieth Century Africa - Ayaklar, Boyunlar ve "Veli" Üzerine: On dokuzuncu ve Yirminci Yüzyıl Afrika'sında Sufizm Münazarası- Mohammad Ajmal HANIF* Atıf/Citation: Hanif, Mohammad Ajmal. “On Feet, Necks and the “Greatest Saint”: Debating Sufism in Nineteenth and Twentieth Century Africa / Ayaklar, Boyunlar ve "Veli" Üzerine: On dokuzuncu ve Yirminci Yüzyıl Afrika'sında Sufizm Münazarası”. Mesned İlahiyat Araştırmaları Dergisi/ Journal of Mesned Divinity Researches, (Güz 2020-2): 527-544. Öz: Bu makale tüm zamanların en büyük velisi davası ve böyle bir davanın gerek sufilerin kendi arala- rında gerekse püritanist selefilerle yol açtığı tartışmaları konu edinmektedir. Tasavvuf tarihi her ne kadar sahiplerinin manevi statüsüne ilişkin yüce ve muhteşem lakaplarla dolup taşıyorsa da tüm zamanların en büyük velisi iddialarına pek rastlanmamaktadır. Titiz bir filolojik yaklaşımı esas alan bu makale böylesi, biri onüçüncü diğer onsekizinci yüzyılın sonlarıyla ondukuzuncu yüzyılın başla- rına ait olan, iki iddia üzerine durmaktadır. Sahipleri de özellikle Afrika kıtasının en dominant iki tarikatı olan Kâdirilik ve Ticânilik’in kurucuları ve son derece nüfuzlu şeyhleri olan Abdülkâdir Geylânî ve Ahmad Ticânî’dir. Konunun birincil kaynaklara dayanan ciddi analizden geçirilmesi, Ticânî’nin kendisini tüm zamanların en büyük velisi olarak lanse ettiği tartışmalı ifadesinin taraftar- larınca yorumlanması ve algılanmasındaki büyük değişimi belirlememizi sağlayacaktır. -
Muhammad Khalid Masud
ISIM NEWSLETTER 3 / 9 9 ISIM 3 Institutional News NATHALM.DESSING ISIM’s New Academic Director Muhammad Khalid Masud phone, and the use of toothbrushes, estab- book Iqbal’s Reconstruction of Ijtihad (Lahore, of existing scholarly analysis of Muslim poli- lished his enduring interest in methodology 1995). His extensive international experience tics. Supporting James Piscatori, he suggests and the impact of social change on Islamic also includes a stay in Nigeria from 1980 to that many scholars resort to impressionistic law. The questions posed by such novelties 1984, where he was senior lecturer at the Cen- and general statements, for example in as- could not be solved within the framework of tre for Islamic Legal Studies at the Ahmadu suming that the nation-state constitutes an the widely accepted theory concerning the Bello University in Zaria. There he taught Ma- appropriate unit of analysis in the Muslim 'usûl al-fiqh, developed by Al-Shâficî and fur- likite law and had the opportunity to become world. He has also co-edited a volume entitled ther refined by subsequent Muslim scholars. acquainted with Malikite law in practice. He Islamic Legal Interpretation: Muftis and Their According to them, there are four sources of was a member of the Committee on the Com- Fatwas (Harvard University Press, 1996). This is evidence in Islamic law: the Koran, tradition parative Study of Muslim Societies, Social a collection of analytical studies of specific fat- Professor Muhammad Khalid Masud has recently literature (hadîth), consensus (ijmâc), and rea- Science Research Council, New York, from was on various issues contributed by several been named Academic Director of the ISIM for three soning by analogy (qiyâs). -
Beyond the Aesthetic a STUDY OF
Beyond the Aesthetic A STUDY OF INDIGENEITY AND NARRATIVE IN CONTEMPORARY AUSTRALIAN ART – VOLUME ONE – Catherine Slocum December 2016 A thesis submitted for the degree of Doctor of Philosophy of The Australian National University © Copyright by Catherine Slocum 2016 All Rights Reserved INDIGENOUS AUSTRALIANS SHOULD BE AWARE THAT THIS DOCUMENT CONTAINS NAMES AND IMAGES OF DECEASED PERSONS. ii THE TERM ‘INDIGENOUS AUSTRALIANS’ HAS BEEN ADOPTED AND MAINTAINED THROUGHOUT THIS THESIS. THERE ARE MANY DIFFERENT DISPLAYS OF THIS TERM, HOWEVER THIS TERM IS USED AS IT INCLUDES THOSE WHO IDENTIFY AS ABORIGINAL, TORRES STRAIT ISLANDER AND ABORIGINAL AND TORRES STRAIT ISLANDER. iii DECLARATION I declare that this thesis is wholly my own original work unless otherwise referenced or acknowledged. ………………………………………… Catherine Slocum December 2016 iv ACKNOWLEDGEMENTS I would like to express my sincere gratitude to my supervisor Professor Paul Pickering for the continuous support of my PhD study and research. His insightful comments and valuable discussion are gratefully acknowledged. My sincere thanks are extended to Dr Thuy Do for her useful comments in the final stages and Dr Lan Tran for her valuable assistance during the course of my study. A very special thanks to Vernon Ah Kee, Tony Albert, Brook Andrew, Daniel Boyd, Dianne Jones, Christopher Pease and Christian Thompson whose work I feel privileged to have been given the opportunity to study at length. The project would not have been possible without the specialist Indigenous Australian collection at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Library in Canberra. I gratefully acknowledge the financial support of the College of Arts and Social Sciences at the Australian National University. -
Cahiers D'études Sur La Méditerranée Orientale Et Le Monde Turco-Iranien, 22
Cahiers d’études sur la Méditerranée orientale et le monde turco-iranien 22 | 1996 Arabes et Iraniens Pierre-Jean Luizard et Elizabeth Picard (dir.) Édition électronique URL : http://journals.openedition.org/cemoti/817 DOI : 10.4000/cemoti.817 ISSN : 1777-5396 Éditeur AFEMOTI Édition imprimée Date de publication : 1 juin 1996 ISSN : 0764-9878 Référence électronique Pierre-Jean Luizard et Elizabeth Picard (dir.), Cahiers d’études sur la Méditerranée orientale et le monde turco-iranien, 22 | 1996, « Arabes et Iraniens » [En ligne], mis en ligne le 01 mars 2005, consulté le 21 septembre 2020. URL : http://journals.openedition.org/cemoti/817 ; DOI : https://doi.org/10.4000/ cemoti.817 Ce document a été généré automatiquement le 21 septembre 2020. Tous droits réservés 1 SOMMAIRE Editorial Introduction Elizabeth PICARD et Pierre-Jean LUIZARD Espaces-temps, des pays et des hommes Méditerranée arabe, Asie musulmane, où passe la frontière? Thierry BIANQUIS Les Arabes de l'autre rive Anie MONTIGNY Transformation sociale et recomposition identitaire dans le golfe : parfois malgré eux, toujours entre deux Fariba ADELKHAH Islam partagé et poids de la guerre L’arabie saoudite, le pèlerinage et l'Iran Ignace LEVERRIER Sayyida Zaynab, Banlieue de Damas ou nouvelle ville sainte chiite ? Sabrina MERVIN Iraniens d'Irak, direction religieuse chiite et Etat arabe sunnite. Pierre-Jean LUIZARD Des Irakiens en Iran depuis la révolution islamique Ali BABAKHAN Dialogues et perspectives D’Égypte : trois lectures islamiques de la révolution islamique iranienne Nicole -
The Construction and Deconstruction of Secularism As an Ideology in Contemporary Muslim Thought
AJSS 33,3_f2_363-383 11/17/05 3:38 PM Page 363 The Construction and Deconstruction of Secularism as an Ideology in Contemporary Muslim Thought Muhammad Khalid Masud Council of Islamic Ideology Islamabad This article starts with a sketch of the encounters and experiences of modern secularism in four areas of the Islamic world (Turkey, Arab world, South Asia and Southeast Asia); these point to the diverse conditions and constructions that have become central issues of regional and trans-regional discourse: laizism through reform, nationalism through decolo- nization, Islamic nationalism through state formation, and tolerance through traditional multi-ethnic environments. In analysing the basic writings of five exemplary modern Muslim thinkers, it is shown that modern Islamic thought, tied to the idea of mutual exclusive ideological constructions of secularism and Islamism, remains ambiguous while at the same time facing the factual unfolding of secularism in Muslim countries: the works of Mawdudi contain absolute denial of secularism; al-Qaradawi argues for the strict opposition and separation of the secular and the religious; al-Attas denies that Western processes of reli- gious secularization are applicable to the development of Islam. On the other hand, Iqbal and Rahman, although maintaining a clear distinction between the secular and the reli- gious, point to coinciding dimensions of religious and secular dimensions in modern polit- ical and social life. The reflection of the secular and the religious is highly shaped by historical and political influences as well as by ideologization, thus creating obstacles for fruitful conceptual reconstructions of the given dimensions of the coincidence of both — Islam and the secular conditions of modern society. -
Pakistan, the Deoband ‘Ulama and the Biopolitics of Islam
THE METACOLONIAL STATE: PAKISTAN, THE DEOBAND ‘ULAMA AND THE BIOPOLITICS OF ISLAM by Najeeb A. Jan A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (History) in The University of Michigan 2010 Doctoral Committee: Professor Juan R. Cole, Co-Chair Professor Nicholas B. Dirks, Co-Chair, Columbia University Professor Alexander D. Knysh Professor Barbara D. Metcalf HAUNTOLOGY © Najeeb A. Jan DEDICATION Dedicated to my beautiful mother Yasmin Jan and the beloved memory of my father Brian Habib Ahmed Jan ii ACKNOWLEDGEMENTS There are many people to whom I owe my deepest gratitude for bringing me to this stage and for shaping the world of possibilities. Ones access to a space of thought is possible only because of the examples and paths laid by the other. I must begin by thanking my dissertation committee: my co-chairs Juan Cole and Nicholas Dirks, for their intellectual leadership, scholarly example and incredible patience and faith. Nick’s seminar on South Asia and his formative role in Culture/History/Power (CSST) program at the University of Michigan were vital in setting the critical and interdisciplinary tone of this project. Juan’s masterful and prolific knowledge of West Asian histories, languages and cultures made him the perfect mentor. I deeply appreciate the intellectual freedom and encouragement they have consistently bestowed over the years. Alexander Knysh for his inspiring work on Ibn ‘Arabi, and for facilitating several early opportunity for teaching my own courses in Islamic Studies. And of course my deepest thanks to Barbara Metcalf for unknowingly inspiring this project, for her crucial and sympathetic work on the Deoband ‘Ulama and for her generous insights and critique.