Stoning and Hand Cutting: Understanding the Hudud and the Shariah in Islam
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Outlaw: Wilderness and Exile in Old and Middle
THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Sarah Michelle Haughey August 2011 © 2011 Sarah Michelle Haughey THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE Sarah Michelle Haughey, Ph. D. Cornell University 2011 This dissertation, The ‘Bestli’ Outlaw: Wilderness and Exile in Old and Middle English Literature explores the reasons for the survival of the beast-like outlaw, a transgressive figure who highlights tensions in normative definitions of human and natural, which came to represent both the fears and the desires of a people in a state of constant negotiation with the land they inhabited. Although the outlaw’s shelter in the wilderness changed dramatically from the dense and menacing forests of Anglo-Saxon England to the bright, known, and mapped greenwood of the late outlaw romances and ballads, the outlaw remained strongly animalistic, other, and liminal, in strong contrast to premodern notions of what it meant to be human and civilized. I argue that outlaw narratives become particularly popular and poignant at moments of national political and ecological crisis—as they did during the Viking attacks of the Anglo-Saxon period, the epoch of intense natural change following the Norman Conquest, and the beginning of the market revolution at the end of the Middle Ages. Figures like the Anglo-Saxon resistance fighter Hereward, the exiled Marcher lord Fulk Fitz Waryn, and the brutal yet courtly Gamelyn and Robin Hood, represent a lost England imagined as pristine and forested. -
Hadith and Its Principles in the Early Days of Islam
HADITH AND ITS PRINCIPLES IN THE EARLY DAYS OF ISLAM A CRITICAL STUDY OF A WESTERN APPROACH FATHIDDIN BEYANOUNI DEPARTMENT OF ARABIC AND ISLAMIC STUDIES UNIVERSITY OF GLASGOW Thesis submitted for the degree of Ph.D. in the Faculty of Arts at the University of Glasgow 1994. © Fathiddin Beyanouni, 1994. ProQuest Number: 11007846 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11007846 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 M t&e name of &Jla&, Most ©racious, Most iKlercifuI “go take to&at tfje iHessenaer aikes you, an& refrain from to&at tie pro&tfuts you. &nO fear gJtati: for aft is strict in ftunis&ment”. ©Ut. It*. 7. CONTENTS Acknowledgements ......................................................................................................4 Abbreviations................................................................................................................ 5 Key to transliteration....................................................................6 A bstract............................................................................................................................7 -
Understanding the Concept of Islamic Sufism
Journal of Education & Social Policy Vol. 1 No. 1; June 2014 Understanding the Concept of Islamic Sufism Shahida Bilqies Research Scholar, Shah-i-Hamadan Institute of Islamic Studies University of Kashmir, Srinagar-190006 Jammu and Kashmir, India. Sufism, being the marrow of the bone or the inner dimension of the Islamic revelation, is the means par excellence whereby Tawhid is achieved. All Muslims believe in Unity as expressed in the most Universal sense possible by the Shahadah, la ilaha ill’Allah. The Sufi has realized the mysteries of Tawhid, who knows what this assertion means. It is only he who sees God everywhere.1 Sufism can also be explained from the perspective of the three basic religious attitudes mentioned in the Qur’an. These are the attitudes of Islam, Iman and Ihsan.There is a Hadith of the Prophet (saw) which describes the three attitudes separately as components of Din (religion), while several other traditions in the Kitab-ul-Iman of Sahih Bukhari discuss Islam and Iman as distinct attitudes varying in religious significance. These are also mentioned as having various degrees of intensity and varieties in themselves. The attitude of Islam, which has given its name to the Islamic religion, means Submission to the Will of Allah. This is the minimum qualification for being a Muslim. Technically, it implies an acceptance, even if only formal, of the teachings contained in the Qur’an and the Traditions of the Prophet (saw). Iman is a more advanced stage in the field of religion than Islam. It designates a further penetration into the heart of religion and a firm faith in its teachings. -
The Five Pillars of Islam
The Five Pillars of Islam Objectives: I will be able to describe the basic beliefs of Islam and explain the meaning of each of the Five Pillars of Islam. I will compare and contrast the Five Pillars of Islam with the duties of Catholicism. Materials: ● Station Note Taking Guide for students ● Primary Source Documents for each student station ● Construction paper (11x17) ● Colored pencils ● Rulers Technology: ● Computer ● SmartBoard ● Personal student devices Procedures: 1. Whole Group Share: What do you know about Islam? 2. Introductory Video: Students will watch “5 Pillars of Islam - part 1 | Cartoon by Discover Islam UK” (https://youtu.be/9hW3hH9_7pI) and “5 Pillars of Islam - part 2 | Cartoon by Discover Islam UK” (https://youtu.be/_bujwCZ9RHI) 3. Small Group Activity: Students will work in small groups of 4-5 and rotate between five stations (see below) and complete 5 Pillars of Islam note taking guide. a. Declaration of Faith (Appendix A-B) b. Ritual Prayer (Appendices C-G) c. Obligatory Expenditure (H-I) d. Fasting Ramadan (J-M) e. Pilgrimage to Mecca (N-P) 4. Individual Activity: Using their notes, students will create a visual representation of the Five Pillars of Islam. 5. Pair Activity: Students will create a double bubble comparing and contrasting Islam with Christianity. (**You can substitute any other religion the students are familiar with or have been studying.**) Resources: www.pbslearningmedia.org/resource/islam08.socst.world.glob.lppillars/the-five-pillars-of-islam/ http://www.thirteen.org/edonline/accessislam/lessonplan2.html http://www.discoverislam.co.uk/ http://www.pbs.org/wgbh/pages/frontline/teach/muslims/beliefs.html THE FIVE PILLARS OF ISLAM PILLAR DESCRIPTION/ NOTES PICTURE The Declaration of Faith Ash - Shahadah STATION 1: DECLARATION OF FAITH With your group, examine Appendices A-C and discuss the following questions. -
Taxation in Islam
Taxation in Islam The following article is based on the book Funds in the Khilafah State which is a translation of Al-Amwal fi Dowlat Al-Khilafah by Abdul-Qadeem Zalloom.1 Allah (swt) has revealed a comprehensive economic system that details all aspects of economic life including government revenues and taxation. In origin, the permanent sources of revenue for the Bait ul-Mal (State Treasury) should be sufficient to cover the obligatory expenditure of the Islamic State. These revenues that Shar’a (Islamic Law) has defined are: Fa’i, Jizya, Kharaj, Ushur, and income from Public properties. The financial burdens placed on modern states today are far higher than in previous times. When the Caliphate is re-established it will need to finance a huge re-development and industrial programme to reverse centuries of decline, and bring the Muslim world fully into the 21st century. Because of this, the Bait ul-Mal’s permanent sources of revenue may be insufficient to cover all the needs and interests the Caliphate is obliged to spend upon. In such a situation where the Bait ul-Mal’s revenues are insufficient to meet the Caliphate’s budgetary requirements, the Islamic obligation transfers from the Bait ul-Mal to the Muslims as a whole. This is because Allah (swt) has obliged the Muslims to spend on these needs and interests, and their failure to spend on them will lead to the harming of Muslims. Allah (swt) obliged the State and the Ummah to remove any harm from the Muslims. It was related on the authority of Abu Sa’id al-Khudri, (ra), that the Messenger of Allah (saw) said: “It is not allowed to do harm nor to allow being harmed.” [Ibn Majah, Al-Daraqutni] Therefore, Allah (swt) has obliged the State to collect money from the Muslims in order to cover its obligatory expenditure. -
Understanding Islamic Law (Sharī’A)
Understanding Islamic Law (Sharī’a) bhala understanding 2e.indb 1 7/6/16 8:09 AM bhala understanding 2e.indb 2 7/6/16 8:09 AM Understanding Islamic Law (Sharī’a) second edition Raj Bhala Associate Dean for International and Comparative Law and Rice Distinguished Professor, University of Kansas School of Law Carolina Academic Press Durham, North Carolina bhala understanding 2e.indb 3 7/6/16 8:09 AM Copyright © 2016 Carolina Academic Press LLC All Rights Reserved Library of Congress Cataloging-in-Publication Data Names: Bhala, Raj, author. Title: Understanding Islamic law / Raj Bhala. Description: Second Edition. | Durham, North Carolina : Carolina Academic Press, [2016] | Includes bibliographical references and index. Identifiers: LCCN 2016027161 | ISBN 9781632849502 (alk. paper) Subjects: LCSH: Islamic law. Classification: LCC KBP144 .B49 2016 | DDC 340.5/9--dc23 LC record available at https://lccn.loc.gov/2016027161 Carolna Academic Press LLC 700 Kent Street Durham, NC 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.caplaw.com Printed in the United States of America bhala understanding 2e.indb 4 7/6/16 8:09 AM Bismillah ir Raḥmān ir Raḥīm (In the Name of God, the Most Gracious, the Most Merciful) Christians and Muslims are brothers and sisters. We must therefore consider ourselves and conduct ourselves as such. Together, we must say no to hatred, to revenge and to violence, particularly that violence which is perpetrated in the name of a religion or of God himself. God is peace, salām. His Holiness, Pope Francis (1936–), Bishop of Rome Address and Meeting with the Muslim Community Central Mosque Bangui, Central African Republic 30 November 2015 May the pure, brilliant sun of bodhicitta [enlightened mind] Dawn in each and every heart and mind Dispelling the darkness of suffering and confusion Unstoppably — until all are illumined and awakened. -
Should Qisas Be Considered a Form of Restorative Justice?
UC Berkeley Berkeley Journal of Middle Eastern & Islamic Law Title Restorative Justice in Islam: Should Qisas Be Considered a Form of Restorative Justice? Permalink https://escholarship.org/uc/item/0mn7f78c Journal Berkeley Journal of Middle Eastern & Islamic Law, 4(1) Author Hascall, Susan C. Publication Date 2011-04-01 DOI 10.15779/Z385P40 Peer reviewed eScholarship.org Powered by the California Digital Library University of California RESTORATIVE JUSTICE IN ISLAM Restorative Justice in Islam: Should Qisas Be Considered a Form of Restorative Justice? Susan C. Hascall* INTRODUCTION The development of criminal punishments in the West is a subject of interest for scholars in various fields.1 One of the foundational ideas has been that the movement away from corporal punishment to other forms of punishment, such as imprisonment, has been an improvement. But, such ideas have not gone unquestioned. In Discipline and Punish: the Birth of the Prison, Michel Foucault asserts that the movement away from the punishment of the body and towards the imprisonment of the body through the widespread institution of the prison has resulted in an even more heinous form of punishment: the punishment of the soul.2 In addition, Foucault contends that the focus on rehabilitation in prisons encourages criminality.3 Although he does not directly advocate restorative justice ideas, his criticism of the prison system has given rise * Assistant Professor of Law, Duquesne University, B.A. Texas A&M University, M.A. The Wichita State University, J.D. Washburn University. The author would like to thank her research assistant, Carly Wilson, for all her help with this article. -
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. -
The Theory of Punishment in Islamic Law a Comparative
THE THEORY OF PUNISHMENT IN ISLAMIC LAW A COMPARATIVE STUDY by MOHAMED 'ABDALLA SELIM EL-AWA Thesis submitted for the Degree of Doctor of Philosophy in the University of London, School of Oriental and African Studies, Department of Law March 1972 ProQuest Number: 11010612 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010612 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 2 , ABSTRACT This thesis deals with the theory of Punishment in Islamic law. It is divided into four ch pters. In the first chapter I deal with the fixed punishments or Mal hududrl; four punishments are discussed: the punishments for theft, armed robbery, adultery and slanderous allegations of unchastity. The other two punishments which are usually classified as "hudud11, i.e. the punishments for wine-drinking and apostasy are dealt with in the second chapter. The idea that they are not punishments of "hudud11 is fully ex- plained. Neither of these two punishments was fixed in definite terms in the Qurfan or the Sunna? therefore the traditional classification of both of then cannot be accepted. -
Islamic Legal Histories
Islamic Legal Histories Amr A. Shalakany INTRODUCTION . 2 I. DOMINANT HISTORIOGRAPHY DEFINED: THE SCRIPTURAL APPROACH. 4 A. The Four Premises of Dominant Historiography . 9 l. Islamic Law is Shari'a . 10 2. Shari'a is not Siyasa . 16 3. Shari' a/Siyasa: History up to the Colonial Encounter. 21 4. Modemityffradition: The Postcolonial Condition . 24 B. The Difficulty with Naming the Dominant Historiography . 28 1. Why are Schacht and Coulson not just Orientalists? . 28 2. Scripturalism and the Modem Transformation of Islam . 33 II. DOMINANT HISTORIOGRAPHY APPLIED: SCRIPTURAL SODOMY LAW . 39 A. Premise #1 Applied: Liwat under Shari'a . 40 1. Foreground Norms on Liwat . 42 2. Background Norms on Evidence and Procedure . 46 B. Premises #2 and #3 Applied: Sodomy under Ottoman Qanun . 51 C. Premise #4 Applied: Liwat!Fujor and Modemityffradition . 56 III. DOMINANT HISTORIOGRAPHY RECONSIDERED: FROM VARIATIONS TO A NEW STREAM? . 59 A. Anti-Orientalist Variations on the Dominant Historiography.... 62 1. Variation #1: Refine Shari'a's Stages of Development..... 63 2. Variation #2: Refine Closing the Gate of ljtihad . 64 3. Variation #3: Refine the Minor Sources of Shari'a........ 66 B. Towards a New Historiography?. 67 1. Siyasa and Mamluk Evidence Law . 68 2. Early Ottoman Interlude: Qanun and Siyasa . 72 3. Siyasa and 19th Century Reforms . 74 CONCLUSION: IN PURSUIT OF NEW PLOTS . 78 Islamic Legal Histories Amr A. Shalakany* INTRODUCTION All the social sciences suffer from the notion that to have named something is to have understood it. Clifford Geertz, Islam Observed I The writing of history has sometimes been compared to the hatching of a "plot," both in the amusingly literary sense of the term, as in the intriguing plot or plan of action underlying a good novel or play, as well as in the more schem ing and darkly conspiratorial sense that plotting might otherwise suggest. -
Iran – Researched and Compiled by the Refugee Documentation Centre of Ireland on 11 September 2012
Iran – Researched and compiled by the Refugee Documentation Centre of Ireland on 11 September 2012 Information on the penalty under Iranian law for fornication between a single man and a married woman? Is this law widely implemented? Are there any reported convictions? The 1991 Islamic Penal Code of Iran, in “Chapter 3: Types of Punishments for Adultery” (Article 82), states: “The penalty for adultery in the following cases shall be death, regardless of the age or marital status of the culprit: (1) Adultery with one’s consanguineous relatives (close blood relatives forbidden to each other by religious law); (2) Adultery with one’s stepmother in which the adulterer’s punishment shall be death; (3) Adultery between a non-Muslim man and a Muslim woman, in which case the adulterer (non-Muslim man) shall receive the death penalty; (4) Forcible rape, in which case the rapist shall receive the death penalty.” (Islamic Republic of Iran (28 November 1991) Islamic Penal Code of Iran) A US Congressional Research Service document, in a paragraph headed “Stonings”, states: “In 2002, the head of Iran’s judiciary issued a ban on stoning. However, Iranian officials later called that directive ‘advisory’ and could be ignored by individual judges. On December 2, 2008, Iran confirmed the stoning deaths of two men in Mashhad who were convicted of adultery. A sentence of stoning against a 45-year-old woman (Sakineh Ashtiani) convicted of adultery and assisting in the murder of her husband was set aside for further review in July 2010. An Iranian parliamentarian said on January 17, 2011, the stoning sentence was dropped but she would serve 10 years in prison.” (US Congressional Research Service (23 March 2012) Iran: U.S. -
Modern Literary Exile: the Ones Who Stay and the Ones Who Leave
MODERN LITERARY EXILE: THE ONES WHO STAY AND THE ONES WHO LEAVE by KLEITIA VASO (Under the Direction of Katarzyna Jerzak) ABSTRACT Before the nineteenth century, exile denoted forceful banishment from one’s home city or country. In the mid-nineteenth century, Charles Baudelaire redefined the meaning of exile by including internal exile as a manifestation of the condition. This displacement excludes a physical uprooting and is strictly internal. In addition to this acquired layer of meaning, the question of exile is complicated further by the modern author’s assumed distance from the rest of the community. In order to explore the symptoms and consequences of physical, geographical exile, this thesis offers a comparison between Fernando Pessoa and Orhan Pamuk, two authors who are physically and creatively rooted in their native cities, and Vladimir Nabokov, Joseph Brodsky, and André Aciman, three exiled authors whose work is fueled by their exilic condition. INDEX WORDS: redefinition of exile, internal exile, geographical exile, native city, nostalgia, modernity, alienation, displacement, Baudelaire, Pessoa, Pamuk, Nabokov, Brodsky, and Aciman. MODERN LITERARY EXILE: THE ONES WHO STAY AND THE ONES WHO LEAVE by KLEITIA VASO B.A., The University of Georgia, 2004 A Thesis Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS ATHENS, GEORGIA 2009 © 2009 Kleitia Vaso All Rights Reserved MODERN LITERARY EXILE: THE ONES WHO STAY AND THE ONES WHO LEAVE by KLEITIA VASO Major Professor: Katarzyna Jerzak Committee: Ronald Bogue Thomas Cerbu Electronic Version Approved: Maureen Grasso Dean of the Graduate School The University of Georgia May 2009 ACKNOWLEDGEMENTS I would like to thank my family for their love and support, and my committee for their direction and the general enrichment of my college education.