Critical Analysis of Zahiri's Arguments Against The
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Maliki School
Dr. Javed Ahmed Qureshi School of Studies in Law Jiwaji University GWALIOR - 474 011 (MP), INDIA LAW B.A.LL.B. IV-SEM MUSLIM LAW BY Dr. JAVED AHMED QURESHI DATE- 04-04-2020 MALIKI SCHOOL Maliki school is one of the four schools of fiqh or religious law within Sunni Islam. It is the second largest of the four schools, followed by about 25% Muslims, mostly in North Africa and West Africa. This school is not a sect, but a school of jurisprudence. Technically, there is no rivalry or competition between members of different madrasas, and indeed it would not be unusual for followers of all four to be found in randomly chosen American or European mosques. This school derives its name from its founder Imam Malik-bin-Anas. It originates almost to the same period as the Hanafi school but it flourished first in the city of Madina. Additionally, Malik was known to have used ray (personal opinion) and qiyas (analogy). This school is derives from the work of Imam Malik. It differs in different sources from the three other schools of rule which use it for derivation of regimes. All four schools use the Quran as the primary source, followed by Prophet Muhammad's transmitted as hadith (sayings), ijma (consensus of the scholars or Muslims) and Qiyas (analogy).In addition, the School of Maliki uses the practice of the people of Madina (Amal Ahl al-Madina) as a source. While the Hanafi school relies on Ijma (interpretations of jurists), the Maliki school originates from Sunna and Hadis. -
Can Islam Accommodate Homosexual Acts? Qur'anic Revisionism And
ajiss34-3-july4_ajiss 7/21/2017 11:32 AM Page 45 Can Islam Accommodate Homosexual Acts? Qur’anic Revisionism and the Case of Scott Kugle Mobeen Vaid Abstract Reformist authors in the West, most notably Scott Kugle, have called Islam’s prohibition of liwāṭ (sodomy) and other same-sex be - havior into question. Kugle’s “Sexuality, Diversity, and Ethics in the Agenda of Progressive Muslims” ( Progressive Muslims : 2003) and Homosexuality in Islam (2010) serve as the scholarly center for those who advocate sanctioning same-sex acts. Kugle traces the heritage of the Lot narrative’s exegesis to al-Tabari (d. 310/923), which, he contends, later exegetes came to regard as theologically axiomatic and thus beyond question. This study argues that Kugle’s critical methodological inconsistencies, misreading and misrepre - sentation of al-Tabari’s and other traditional works, as well as the anachronistic transposition of modern categories onto the classical sources, completely undermine his argument. Introduction Islam, like other major world religions (with the very recent exception of certain liberal denominations in the West), categorically prohibits all forms of same- sex erotic behavior. 1 Scholars have differed over questions of how particular homosexual acts should be technically categorized and/or punished, but they Mobeen Vaid (M.A. Islamic studies, Hartford Seminary) is a Muslim public intellectual and writer. A regular contributor to muslimmatters.org, his writings center on how traditional Islamic norms and frames of thinking intersect the modern world. As of late, he has focused on Islamic sexual and gender norms. Vaid also speaks at confessional conferences, serves as an advisor to Muslim college students, and was campus minister for the Muslim community while a student at George Mason University. -
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. -
Characteristics of Ahad Hadith in Perspective of Sunni and Shia Madhhab and Its Relation to the Islamic Harmony
IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 21, Issue 1, Ver. 5 (Jan. 2016) PP 75-82 e-ISSN: 2279-0837, p-ISSN: 2279-0845. www.iosrjournals.org Characteristics of Ahad Hadith in Perspective of Sunni and Shia Madhhab and Its Relation to the Islamic Harmony Dr. H. Jamaluddin, MA Lecturer at Faculty of Islamic Studies UISU Medan, Indonesia Abstract: There are two largest madhhab in the world: Sunni and Shi’a. Each of these schools has different opinion about the hadith which can be used as a proposition of law. This dissent sometimes creates dispute and anarchic actions that leads to disharmony relationship in Muslim themself. This study tries to find out the factors that lead this different opinion between Sunni and Shi’a in understanding the hadith. Sunni argues that the hadith sourced from all over the companions of the Prophet Muhammad can be used as a proposition of law if it is valid or ṣaḥīḥ. All the companions of the Prophet, according to the Sunnis, are fair. As for the Hadith or Sunnah used by Shi’a is an authentic hadith narrated only by Ahlu Bait. The example of contradictory problem between Sunnis and Shi’a is mutʻah marriage. According to Sunni, this can of married is forbidden while Shi’a allow it. Sunni and Shi’a in establishing a legal marriage such as mut’ah equally refer to the hadith of Muhammad SAW. To maintain and create harmony between Sunni and Shi’a, it must be there is a mutual respect and appreciation for opinions outside his madhhab as long as the guidance are Qur'an and the hadith. -
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. -
Islam: Faith and Practice
P a g e | 7 Islam: Faith And Practice Marius LAZAR Babes-Bolyai University, Cluj-Napoca, Romania [email protected] Abstract: The article proposes a brief overview of the main Islamic doctrinal themes and religious rules. It examines the fundamental themes that define the essence of the Islamic faith (aqīdah) and, accordingly, religious sciences developed around them. It also analyzes the key aspects of Muslim ethos, managed mostly by what is called Sharī'a and which are incorporates in two main categories of norms and obligations: those which regard the cult (ibadāt) and those which establish the human condition within society (mu’āmalāt). Finally, the paper provides an overview of issue of religious authority in Islam, topic that generated countless doctrinal, ideological, political disputes inside the Muslim societies, until today. Key words: Islam • Quran • Sharī'a • Allah • Muhammad • Hadith • Fiqh • Sunna • Shi’a Emerging at the beginning of the seventh century, Islam is regarded as the last religion of humanity. The term ‘Islam’ means ‘submission’, from which as correlation, the Muslim is the ‘submitter’, who follows the divine norms and who assumes the most loyal ethos towards the principles instituted by the Quran and by the ulterior theological and lawful Islamic evolution. There exists a traditional ambiguity in regards to the term Islam, which comes to mean, both in common language as well as in the academic writings, that of Muslim religion, as well as that of the civilization(s) bloomed on the Muslim doctrinarian, intellectual, spiritual, aesthetic, ethical, political principles and ultimately, in the geographical sense, that of the societies or the territories inhabited by communities of Muslim confession. -
Sufi Cult in Mirpur
This is a repository copy of Ambiguous traditions and modern transformations of Islam: the waxing and waning of an ‘intoxicated’ Sufi cult in Mirpur. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/97211/ Version: Accepted Version Article: McLoughlin, S and Khan, M (2006) Ambiguous traditions and modern transformations of Islam: the waxing and waning of an ‘intoxicated’ Sufi cult in Mirpur. Contemporary South Asia, 15 (3). pp. 289-307. ISSN 0958-4935 https://doi.org/10.1080/09584930601098042 (c) 2006, Taylor and Francis. This is an author produced version of a paper published in Contemporary South Asia. Uploaded in accordance with the publisher's self-archiving policy. Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version - refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher’s website. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ Seán McLoughlin & Muzamil Khan Ambiguous traditions and modern transformations of Islam: the waxing and waning of an S M Published in: Contemporary South Asia 15(3) September, 2006: 289307 Abstract: A I S A S shifting ambiguity and fixity of religious boundaries in colonial India, this article is an account of the cult of the Qadiriyya-Qalandariyya saints in the Mirpur district of Pakistan- administered Kashmir. -
Anita Zahiri Benjamin Franklin High School New Orleans, Louisiana, United States Iran, Infectious Diseases
Anita Zahiri Benjamin Franklin High School New Orleans, Louisiana, United States Iran, Infectious Diseases Food Insecurity: The Next Pandemic The country of Iran, previously known as Persia and officially known as the Islamic Republic of Iran, is the second largest country in the Middle East, with a population of around 83,992,949 people (World Bank, 2020). Iran is a primarily hot and arid country with long dry summers and cool but short winters. The whole country is around 1.75 million square kilometers (675,678 square miles), making it slightly smaller than the state of Alaska. Iran is bordered by Afghanistan, Armenia, Turkey, Turkmenistan, Azerbaijan, Iraq, and Pakistan, as well as the Gulf of Oman, Caspian Sea, and Persian Gulf. It has a very rough terrain, with about 52% of the country having mountains and deserts and much of the country standing above sea level (FAO, 2008). Iran was previously a primarily agrarian society, but due to rapid urbanization and economic development during the 20th century, it has shifted to a mixed and transition economy containing a large public sector. Around 74.9% of Iran’s population lives in urban areas, while 25.1% lives in rural, undeveloped areas (“Iran Demographics,” 2018). Only around 10% of Iran’s land area is arable due to the rough topography, and the agricultural sector consists mostly of small farming units that are dispersed around the country, with more than 80% of these farms being smaller than ten hectares, which is considerably small (The World Bank, 2016; FAO, 2008). Being a net importer of agricultural products such as corn, rice, and soybeans, Iran is highly dependent upon trade to feed its population. -
The Impact of the Modernity Discourse on Persian Fiction
The Impact of the Modernity Discourse on Persian Fiction Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Comparative Studies in the Graduate School of The Ohio State University By Saeed Honarmand, M.A. Graduate Program in Comparative Studies The Ohio State University 2011 Dissertation Committee: Richard Davis, Advisor Margaret Mills Philip Armstrong Copyright by Saeed Honarmand 2011 Abstract Modern Persian literature has created a number of remarkable works that have had great influence on most middle class people in Iran. Further, it has had representation of individuals in a political context. Coming out of a political and discursive break in the late nineteenth century, modern literature began to adopt European genres, styles and techniques. Avoiding the traditional discourses, then, became one of the primary characteristics of modern Persian literature; as such, it became closely tied to political ideologies. Remarking itself by the political agendas, modern literature in Iran hence became less an artistic source of expression and more as an interpretation of political situations. Moreover, engaging with the political discourse caused the literature to disconnect itself from old discourses, namely Islamism and nationalism, and from people with dissimilar beliefs. Disconnectedness was already part of Iranian culture, politics, discourses and, therefore, literature. However, instead of helping society to create a meta-narrative that would embrace all discourses within one national image, modern literature produced more gaps. Historically, there had been three literary movements before the modernization process began in the late nineteenth century. Each of these movements had its own separate discourse and historiography, failing altogether to provide people ii with one single image of a nation. -
Conceptualizing the Sunni-Shi'i Encounter in the Modern Period
ISN ETH Zurich international relationS and SeCurity network ConCeptualizing the Sunni-Shi’i enCounter in the modern period Eidgenössische Technische Hochschule Zürich Swiss Federal Institute of Technology Zurich international relationS and SeCurity network ConCeptualizing the Sunni-Shi’i enCounter in the modern period Dr. Neguin Yavari Photograph used with permission from Reuters. TABLE OF CONTENTS Church and state in Islam ..............................................................................................4 Ayatollah Khomeini on the authority of jurists ..........................................................4 Autonomous political authority ...................................................................................5 Symbiosis .........................................................................................................................6 Confluence .......................................................................................................................8 Endnotes ........................................................................................................................10 Bibliography ...................................................................................................................11 About the author ...........................................................................................................13 International Relations and Security Network (ISN) © 2008 ISN Conceptualizing the Sunni-Shi’i Encounter in the Modern Period CHURCh AND STATE IN iSLAM religious -
The Right Way in the Matter of Ittibba' and Taqlid
The Assembly of Muslim Jurists of America 15th Annual Imams' Conference Houston – United States The Right Way in the Matter of Ittibba’ and Taqlid Dr. Suhaib Hasan Secretary Islamic Sharia Council U.K "اﻷراء الفقهية في هذا البحث تعبر عن رأي الباحث و ليس بالضرورة عن رأي أمجا" Fiqh opinions in this research is solely those of its author and do not represent AMJA The Right Way in the Matter of Ittibba’ and Taqlid Dr. Suhaib Hasan Contents Introduction ……………………………………………………………………………………………………………….. 4 the state of the people in the first three centuries ……………………………………….…………. 4 The period of the Prophet (SAW): 23 years till 11th A.H ……………...……….……….…. 4 The Period of the Companions: (Al-Sahaba) ……………………………………………….….…... 6 The Period of Successors (Al-Tabi'un) and those who followed them (Atba Al- Tabi'un)…………………………………………………………………………………………………………….…….. 9 The Characteristics of the Period of the Companions ………………………………….…….. 10 Characteristics of the period of the Successors and those that followed them …. 11 The Period from the 4th Century till present …………………………………………………………… 15 By the 4th Century, adherence to one of those four Madhab ………………………..…. 16 A perusal of the history of the Muslim communities throughout the subsequent centuries until our present times …………………………………………….………………………….. 17 References ………………………………………………………………………………………………………………… 20 3 AMJA 15th Annual Imams' Conference [Principles of Giving Religious Rulings (Fatwaa)] Feb 23th-25th 2018 The Right Way in the Matter of Ittibba’ and Taqlid Dr. Suhaib Hasan Introduction This paper is dedicated to the issue of Ittiba’ (following, i.e. The Book and Sunnah) and Taqlid (following one’s Imam blindly). A person is judged according to the way he follows his Deen; whether he endeavours to follow the Book and the Sunnah, irrespective of the way it was delivered to him as he confines himself to follow a certain Imam even if his opinion is found not in line with the Quran or the Sunnah. -
In Search of a Lost Paradigm - a Case Study Approach to Retracing Traditionalist Influence in the Fatwas of Ali Goma, Grand Mufti of Egypt
In Search of a Lost Paradigm - A case study approach to retracing traditionalist influence in the fatwas of Ali Goma, Grand Mufti of Egypt Fredrik Brusi Institutionen för orientaliska språk Avdelningen för Mellanösterns språk och kulturer Kandidatuppsats 15 hp Mellanöstern- och Nordafrikastudier Kandidatprogram MENA (180 hp) Vårterminen 2012 Handledare/Supervisor: Jakob Skovgaard-Petersen In Search of a Lost Paradigm - A case study approach to retracing traditionalist influence in the fatwas of Ali Goma, Grand Mufti of Egypt Author: Fredrik Brusi Abstract This paper is an attempt to describe how two religious edicts by the current Egyptian grand mufti relate to an ongoing theological debate in the Muslim world on the nature of miracles and the state of mankind between life and death. The study illustrates how the mufti adheres to the Sunni theological school of Ash‘ariyya and in what way said school has emerged as a theological middle ground between the literal and interpretative schools of thought. The study also reveals how the Mufti as a guardian of the faith must operate within a secularising context and what strategies are possible for him to utilise if he is to meet the demands of a modernised society whilst retaining a coherent religious explanation. In his office as grand mufti, Ali Goma may well be described as a traditionalist where theological matters are considered even if the governmental institute of Dār al- iftā has been modernised under his supervision and now uses 24 hour phone lines, e-mail, facebook and has an official webpage and translates many of its edicts into other languages than Arabic.