Conceptualizing the Sunni-Shi'i Encounter in the Modern Period
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Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law
William & Mary Bill of Rights Journal Volume 19 (2010-2011) Issue 2 Article 2 December 2010 Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law Wilson R. Huhn Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons Repository Citation Wilson R. Huhn, Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, 19 Wm. & Mary Bill Rts. J. 291 (2010), https://scholarship.law.wm.edu/ wmborj/vol19/iss2/2 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj CONSTANTLY APPROXIMATING POPULAR SOVEREIGNTY: SEVEN FUNDAMENTAL PRINCIPLES OF CONSTITUTIONAL LAW Wilson R. Huhn* constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated . .1 In 1988, renowned historian Edmund S. Morgan published Inventing the People: The Rise of Popular Sovereignty in England and America.2 In that brilliant and wide-ranging book Morgan traces how, between the time of the English Civil War in the mid-seventeenth century and the adoption of the American Constitution in 1787, the idea of “popular sovereignty”—the right of the people to govern themselves— replaced the notion of “the divine right of kings” as the acknowledged source of political power.3 The central theme of Morgan’s work is that while popular sover- eignty is a “fiction” in the sense that the people of a nation cannot actually rule them- selves without creating a government,4 over the centuries our ancestors constantly labored to create a society and a government which gradually came closer to the realization of that principle—a closer approximation of the ideal of popular sover- eignty.5 At the end of Inventing the People, Morgan concludes: * C. -
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. -
Classical Islamic Political Thought: Study of Sunni Perspectives
ISLAH: Journal of Islamic Literature and History Vol. 1, No. 2, December 2020: p. 137-153 DOI: 10.18326/islah.v1i2.137-153 ISSN : 2723-407X Website: https://e-journal.iainsalatiga.ac.id/index.php/islah Classical Islamic Political Thought: Study of Sunni Perspectives Suyadi Universitas Islam Negeri (UIN) Waliwongo [email protected] Ahmad Fikri Sabiq Institut Agama Islam Negeri (IAIN) Salatiga [email protected] Submission Track: Received: 27-08-2020 Final Revision: 20-01-2021 Available Online: 20-01-2021 Abstract The purpose of this study is to determine the Islamic political thought in classical Islam in the perspective of the Sunni sect. This research is a qualitative research which is library research. Data collection method is library data that has been selected, searched, presented and analyzed. This study uses data analysis techniques in the form of content analysis. Content analysis is a scientific analysis of the message content of a data. One of the characteristics of the classical era Islamic political thought is that it does not question the position of religion and state, whether integrated or separate. The debates that occurred in the classical era on the establishment of a state, the election of a head of state, and the conditions that a head of state must-have. Besides, political thought that develops also tends to be a response to the prevailing socio-political conditions. The emergence of Sunni ideology is a form of anxiety over the viewpoints developed by groups that tend to discredit the position of the Prophet's companions who are considered by some on the opposite side to have committed treason or treason. -
The IRGC in the Age of Ebrahim Raisi: Decision-Making and Factionalism in Iran’S Revolutionary Guard
The IRGC in the Age of Ebrahim Raisi: Decision-Making and Factionalism in Iran’s Revolutionary Guard SAEID GOLKAR AUGUST 2021 KASRA AARABI Contents Executive Summary 4 The Raisi Administration, the IRGC and the Creation of a New Islamic Government 6 The IRGC as the Foundation of Raisi’s Islamic Government The Clergy and the Guard: An Inseparable Bond 16 No Coup in Sight Upholding Clerical Superiority and Preserving Religious Legitimacy The Importance of Understanding the Guard 21 Shortcomings of Existing Approaches to the IRGC A New Model for Understanding the IRGC’s Intra-elite Factionalism 25 The Economic Vertex The Political Vertex The Security-Intelligence Vertex Charting IRGC Commanders’ Positions on the New Model Shades of Islamism: The Ideological Spectrum in the IRGC Conclusion 32 About the Authors 33 Saeid Golkar Kasra Aarabi Endnotes 34 4 The IRGC in the Age of Ebrahim Raisi Executive Summary “The Islamic Revolutionary Guard Corps [IRGC] has excelled in every field it has entered both internationally and domestically, including security, defence, service provision and construction,” declared Ayatollah Ebrahim Raisi, then chief justice of Iran, in a speech to IRGC commanders on 17 March 2021.1 Four months on, Raisi, who assumes Iran’s presidency on 5 August after the country’s June 2021 election, has set his eyes on further empowering the IRGC with key ministerial and bureaucratic positions likely to be awarded to guardsmen under his new government. There is a clear reason for this ambition. Expanding the power of the IRGC serves the interests of both Raisi and his 82-year-old mentor, Ayatollah Ali Khamenei, the supreme leader of the Islamic Republic. -
The Birth of Al-Wahabi Movement and Its Historical Roots
The classification markings are original to the Iraqi documents and do not reflect current US classification. Original Document Information ~o·c·u·m·e·n~tI!i#~:I~S=!!G~Q~-2!110~0~3~-0~0~0~4'!i66~5~9~"""5!Ii!IlI on: nglis Title: Correspondence, dated 24 Sep 2002, within the General Military Intelligence irectorate (GMID), regarding a research study titled, "The Emergence of AI-Wahhabiyyah ovement and its Historical Roots" age: ARABIC otal Pages: 53 nclusive Pages: 52 versized Pages: PAPER ORIGINAL IRAQI FREEDOM e: ountry Of Origin: IRAQ ors Classification: SECRET Translation Information Translation # Classification Status Translating Agency ARTIAL SGQ-2003-00046659-HT DIA OMPLETED GQ-2003-00046659-HT FULL COMPLETED VTC TC Linked Documents I Document 2003-00046659 ISGQ-~2~00~3~-0~0~04~6~6~5~9-'7':H=T~(M~UI:7::ti""=-p:-a"""::rt~)-----------~II • cmpc-m/ISGQ-2003-00046659-HT.pdf • cmpc-mIlSGQ-2003-00046659.pdf GQ-2003-00046659-HT-NVTC ·on Status: NOT AVAILABLE lation Status: NOT AVAILABLE Related Document Numbers Document Number Type Document Number y Number -2003-00046659 161 The classification markings are original to the Iraqi documents and do not reflect current US classification. Keyword Categories Biographic Information arne: AL- 'AMIRI, SA'IO MAHMUO NAJM Other Attribute: MILITARY RANK: Colonel Other Attribute: ORGANIZATION: General Military Intelligence Directorate Photograph Available Sex: Male Document Remarks These 53 pages contain correspondence, dated 24 Sep 2002, within the General i1itary Intelligence Directorate (GMID), regarding a research study titled, "The Emergence of I-Wahhabiyyah Movement and its Historical Roots". -
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. -
Women's Rights in Islam Regarding Marriage and Divorce Imani Jaafar-Mohammad
Journal of Law and Practice Volume 4 Article 3 2011 Women's Rights in Islam Regarding Marriage and Divorce Imani Jaafar-Mohammad Charlie Lehmann Follow this and additional works at: http://open.mitchellhamline.edu/lawandpractice Part of the Family Law Commons Recommended Citation Jaafar-Mohammad, Imani and Lehmann, Charlie (2011) "Women's Rights in Islam Regarding Marriage and Divorce," Journal of Law and Practice: Vol. 4, Article 3. Available at: http://open.mitchellhamline.edu/lawandpractice/vol4/iss1/3 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in Journal of Law and Practice by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Women's Rights in Islam Regarding Marriage and Divorce Keywords Muslim women--Legal status laws etc., Women's rights--Religious aspects--Islam, Marriage (Islamic law) This article is available in Journal of Law and Practice: http://open.mitchellhamline.edu/lawandpractice/vol4/iss1/3 Jaafar-Mohammad and Lehmann: Women's Rights in Islam Regarding Marriage and Divorce WOMEN’S RIGHTS IN ISLAM REGARDING MARRIAGE AND DIVORCE 4 Wm. Mitchell J. L. & P. 3* By: Imani Jaafar-Mohammad, Esq. and Charlie Lehmann+ I. INTRODUCTION There are many misconceptions surrounding women’s rights in Islam. The purpose of this article is to shed some light on the basic rights of women in Islam in the context of marriage and divorce. This article is only to be viewed as a basic outline of women’s rights in Islam regarding marriage and divorce. -
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. -
Who Speaks for Islam? Can NLP Solve and Age-Old Question? Emad Mohamed
Who Speaks for Islam? Can NLP Solve and Age-old Question? Emad Mohamed Introduction ● There is no official authority in Islam: there is no equivalent to the Vatican ● There are different schools of thought, mostly of scholarly nature ● The sources of knowledge in Islam are the Qurʾān, and the Prophetic Tradition (and sometimes how the companions of the Prophet behaved) ● There is more disagreement than agreement on the meanings of the Qurʾān and the Tradition. Introduction: Sunni Legal Schools of Thought ● Hanafi: Rationalist ● Maliki ● Shafi'i ● Hanbali: Literalist Introduction: Theological Schools of Thought ● Mu'tazila: Human reasoning is the sole tool for understanding revelation. ● Maturidi: ● Asha'ari: ● Hanbali/Literalist: Revelation must be accepted as is. Metaphorical interpretation should be minimized Introduction: Fatwa ● When a non-scholar has a question, they approach a scholar. ● The scholar issues a fatwa: a non-binding response to the question. ● Fatwas are usually collected and (some are) treated as precedents ● Like everything nowadays, fatwas have gone digital. Who speaks for Islam? Who explains to Muslims whether human rights are a legitimate concept ªin Islam,º whether there is such a thing as ªIslamic valuesº and what they consist of, and whether violence can ever be justified from a religious point of view? Who do Muslims turn to when they look for guidance? To what extent do individual scholars and preachers exert religious authority, and how can it be assessed? What is the role of the Cairo-based Azhar mosque -
Florida State University Libraries
)ORULGD6WDWH8QLYHUVLW\/LEUDULHV 2021 Richard II: A Criticism of the Mechanisms of Divine Right Jackson Kendall Alley Follow this and additional works at DigiNole: FSU's Digital Repository. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF ARTS AND SCIENCES RICHARD II: A CRITICISM OF THE MECHANISMS OF DIVINE RIGHT By JACKSON ALLEY A Thesis submitted to the Department of English in partial fulfillment of the requirements for graduation with Honors in the Major Degree Awarded: Summer, 2021 The members of the Defense Committee approve the thesis of Jackson Alley defended on March 31 2021. Professor Bruce Boehrer Thesis Director Asst. Professor Elizabeth Coggeshall Outside Committee Member Asst. Professor Carla Della Gatta Committee Member Signatures are on file with the Honors Program office. 2 ABSTRACT Through a careful look at historical and textual evidence, this essay will endeavor to argue that, by allowing Bolingbroke’s ascension to the throne to be consistent with divine right politics, Richard II critiques divine right politics as a means of commenting on the crisis of succession. Showcasing the ways in which divine right doctrine holds royalty accountable to God, Richard II plays off the insecurities of the audience, underscoring questions about the institution of divine right politics that were long circulating in Elizabethan political discourse. 3 TABLE OF CONTENTS Introduction – 5 The Question of Divine Right – 6 A Historical Perspective on Divine Right – 12 A Historical Perspective on Elizabethan Society – 18 Final Act – 26 Works Cited - 28 4 INTRODUCTION It is certainly true that no conception of authority was more magnanimous or widespread in Early Modern Europe than the divine right of kings. -
Democracy and Islam: an Odyssey in Braving the Twenty-First Century Justice Tassaduq Hussain Jillani
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Brigham Young University Law School BYU Law Review Volume 2006 | Issue 3 Article 5 9-1-2006 Democracy and Islam: An Odyssey in Braving the Twenty-First Century Justice Tassaduq Hussain Jillani Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Comparative and Foreign Law Commons, and the Religion Law Commons Recommended Citation Justice Tassaduq Hussain Jillani, Democracy and Islam: An Odyssey in Braving the Twenty-First Century, 2006 BYU L. Rev. 727 (2006). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2006/iss3/5 This Article is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. JILLANI.FIN 9/12/2006 8:33:27 AM Democracy and Islam: An Odyssey in Braving the Twenty-First Century ∗ Justice Tassaduq Hussain Jillani I. INTRODUCTION During the last few decades, the Muslim world has witnessed various traumatic events. The Iranian Revolution and the hostage situation, the suicide bombings in Palestine and in Africa, and the tragedy of 9/11 are only a few examples of episodes that led many to regard Islam and democracy as incompatible. It is alleged that Islam is a monolithic faith opposed to pluralism, that it has a poor human rights record, and that Muslims seek “heaven by creating hell on earth.”1 Nevertheless, there is abundant evidence that democracy and the Islamic faith are compatible. -
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.