From Islamism to Post-Islamism
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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. -
Complete Dissertation
VU Research Portal Abraham in Narrative Worldviews: Doing Comparative Theology through Christian- Muslim Dialogue in Turkey Bristow, G.F.V. 2015 document version Publisher's PDF, also known as Version of record Link to publication in VU Research Portal citation for published version (APA) Bristow, G. F. V. (2015). Abraham in Narrative Worldviews: Doing Comparative Theology through Christian- Muslim Dialogue in Turkey. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. E-mail address: [email protected] Download date: 03. Oct. 2021 VRIJE UNIVERSITEIT Abraham in Narrative Worldviews: Doing Comparative Theology through Christian-Muslim Dialogue in Turkey ACADEMISCH PROEFSCHRIFT ter verkrijging van de graad Doctor aan de Vrije Universiteit Amsterdam, op gezag van de rector magnificus prof.dr. F.A. van der Duyn Schouten, in het openbaar te verdedigen ten overstaan van de promotiecommissie van de Faculteit der Godgeleerdheid op donderdag 28 mei, 2015 om 11.45 uur in de aula van de universiteit, De Boelelaan 1105 door George Farquhar Vance Bristow Jr geboren te Pennsylvania, Verenigde Staten promotoren: prof.dr. -
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. -
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. -
Tutorial in English, Based on the Introduction of Islam
CENTRAL MUSLIM SPIRITUAL BOARD RUSSIA RUSSIAN ISLAMIC UNIVERSITY TUTORIAL IN ENGLISH, BASED ON THE INTRODUCTION OF ISLAM Initial training for educational institutions of secondary and higher level UFA, 2011 Published by the decision of the Editorial Board of the Russian Islamic University (Ufa) Tutorial in English, based on the introduction of Islam. - Ufa Publishing Division of the Russian Islamic University, 2011. - 000 pages. The book contains a mandatory minimum of knowledge, which every Muslim must possess: knowledge of the faith and order of worship to Allah. The book is intended for a wide range of readers. TsDUM Russia, 2011 PREFACE Endless thanks and praise to Allah the Most High, Who has created mankind and the entire universe with divine wisdom and for a great purpose. May blessings and peace be upon Muhammad, the means of compassion to the universe, the most distinguished intercessor and the most beloved Prophet of Allah the Lord, upon his family, upon his companions and upon all those who have followed and continue to follow his holy path. The content of this Introduction to Islam pertains to a branch of Islamic knowledge that provides information about faith (iman) and worship (ibadah). Muhammad, peace and blessings be upon him (Sallallahu 'alayhi wa-sallam)1, said that it is compulsory for every Muslim man and woman to acquire knowledge. The knowledge (Introduction to Islam) in this manual gives essential information about faith (iman) and worship (ibadah) which will guide its adherent to happiness both in this world and in the Hereafter. One cannot become a complete and perfect Muslim without learning and believing these essentials, known in Arabic as Dharurah-al-Diniyyah (Necessary Rules of Religion). -
Siddique Phd Complete File for CD March 2020
RELIGIO-POLITICAL THOUGHTS OF MAULANA WAHIDUDDIN KHAN By SIDDIQUE AHMAD SHAH PhD Thesis DEPARTMENT OF HISTORY UNIVERSITY OF PESHAWAR Session: 2011-2012 RELIGIO-POLITICAL THOUGHTS OF MAULANA WAHIDUDDIN KHAN A Thesis Submitted to the Department of History, University of Peshawar in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy By SIDDIQUE AHMAD SHAH DEPARTMENT OF HISTORY UNIVERSITY OF PESHAWAR Session: 2011-2012 APPROVAL SHEET This thesis entitled “Religio-Political Thoughts of Maulana Wahiduddin Khan” submitted by Siddique Ahmad Shah in partial fulfillment of requirements for award of Degree of Doctor of Philosophy in History is hereby approved. __________________________ External Examiner __________________________ Supervisor Dr. Syed Waqar Ali Shah Department of History University of Peshawar _________________________ Chairman Department of History University of Peshawar DECLARATION I hereby declare that this thesis entitled “Religio-Political Thoughts of Maulana Wahiduddin Khan” is the outcome of my individual research and it has not been submitted concurrently to any other university for any other degree. Siddique Ahmad Shah PhD Scholar FORWARDING SHEET The thesis entitled “Religio-Political Thoughts of Maulana Wahiduddin Khan ” submitted by Siddique Ahmad Shah , in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History has been completed under my guidance and supervision. I am satisfied with the quality of this research work. Dated: (Dr. Syed Waqar Ali Shah) (Supervisor) To My wife Table of Contents S. No Title Page No. 1. Glossary i 2. Acknowledgements vi 3. Abstract viii 4. Introduction 1-11 5. CHAPTER 1 12-36 Early Life, Education, Mission and Features of Personality 6. -
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 -
Performa for CV of Faculty/ Staff Members
Jamia Millia Islamia: Performa for CV of Faculty/ Staff Members Curriculum Vitae Brief Profile: Khalid Jawed is currently an associate professor in Dept of Urdu, JMI. He joined Jamia Millia Islamia in February 2001 as an assistant professor. His area of specialization is literary criticism and modern fiction. He has written almost 50 research articles in different journals of reputation inPlease India attach and your recent Photograph abroad. He has written 8 books related with criticism and creative writing. Khalid Jawed, before joining JMI in 2001 has been teaching philosophy at UG and PG level in Bareillyin the form of College, Bareilly. He has a master degree in philosophy too. Khalid Jawed literarysoftcopy/hardcopy articles deals with literary criticism and their philosophical implications. The relation between(Optional) philosophy and literature is the main focus of his research articles and presentations. Khalid Jawed is also a renowned Urdu fiction writer. Three collections of short stories and one of them is published from Penguin India publication limited in 2007. His novels titled as Maut ki Kitab and Nematkhana are highly acclaimed by well known literary critics of sub- continent. The short story named Aakhri Dawat (the last supper) has been included in comparative literature course of South Asian languages department of Princton University, USA. His short story titled as Koobar is included in the curriculum of BHU, Banaras in M.A Urdu course. Jadavpur University also included one of his story in its curriculum of M.A in comparative literature. Khalid Jawed short stories and his novel Maut Ki Kitab are translated into English, Hindi and other regional languages. -
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 -
Development of Islamic Sciences in Kashmir
DEVELOPMENT OF ISLAMIC SCIENCES IN KASHMIR ABSTRACT THESIS SUBMITTBD FOR THE DEGREE OF I&. "H Boctor of $i)ilo!E(op^p \\ ^ IN ISLAMIC STUDIES BY Mushtaq Ahmad Wani Under the Supervision of Dr. TAIYABA NASRIN DEPARTMENT OF ISLAMIC STUDIES ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 1999 ji' '.•>: ,( Ace. No.. )• ^, ''-ii-.i b n ABSTRACT Tl^e present thesis is comprised of five chapters and a conclusion. The chapters of the thesis are arranged in the following order : 1. Islam in Kashmir 2. Development of Ilm al-Tafsir in Kashmir 3. Development of Ilm al-Hadith in Kashmir 4. Development of Ilm al-Fiqh in Kashmir 5. Development of Ilm al-Tasawwufin Kashmir 6. Conclusion The first chapter is a historical survey of the Islamisation of Kashmir. It starts with the conversion of the people of Kashmir to Islamic world-view and value- system in the early 14th century A.D., at the hands of Syed Sharaf al-Din Abdur Rahman Bulbul Shah. The pioneering role of Mir Syed Ali Hamadani in converting the people of Kashmir to Islamic way of life is prominently featured in this chapter. The role of other sufis especially that of Mir Muhammad Hamadani is highlighted in this chapter as well. The role played by local sufis and Rishis in the stabilisation of Islamic way of life in Kashmir is also brought out. The leading role of Shaikh Nur al-Din Wali and Shaikh Hamza Makhdum features prominently in this regard. The historical significance of such leading lights of Kashmir as Shaikh Yaqub Sarfi, Mulla Muhammad Mohsin Fani, Mulla Kamal Kashmiri and Mulla Jamal also features in this chapter. -
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. -
Arabic Books Published in India an Annotated Bibliography
ARABIC BOOKS PUBLISHED IN INDIA AN ANNOTATED BIBLIOGRAPHY SUBMITTED IN PARTIAL FULFILMENT FOR THE AWARD OF THE DEGREE OF MASTER OF LIBRARY SCIENCE 1986-86 BY ISHTIYAQUE AHMAD Roll No, 85-M. Lib. Sc.-02 Enrolment No. S-2247 Under the Supervision of Mr. AL-MUZAFFAR KHAN READER DEPARTMENT OF LIBRARY SCIENCE ALIGARH MUSLIM UNIVERSITY ALIGARH 1986 ,. J^a-175 DS975 SJO- my. SUvienJU ACKNOWLEDGEMENT It is not possible for me to thank adequately prof, M.H. Rizvi/ University Librarian and Chairman Department of Library Science. His patronage indeed had always been a source of inspiration, I stand deeply indebted to my supervisor, Mr. Al- Muzaffar Khan, Reader, Department of Library Science without whom invaluable suggestions and worthy advice, I would have never been able to complete the work. Throughout my stay in the department he obliged me by unsparing help and encouragement. I shall be failing in my daties if I do not record the names of Dr. Hamid All Khan, Reader, Department of Arabic and Mr, Z.H. Zuberi, P.A., Library of Engg. College with gratitude for their co-operation and guidance at the moment I needed most, I must also thank my friends M/s Ziaullah Siddiqui and Faizan Ahmad, Research Scholars, Arabic Deptt., who boosted up my morals in the course of wtiting this dis sertation. My sincere thanks are also due to S. Viqar Husain who typed this manuscript. ALIGARH ISHl'ltAQUISHTIYAQUE AAHMA D METHODOLOBY The present work is placed in the form of annotation, the significant Arabic literature published in India, The annotation of 251 books have been presented.