Islamic Law: a Question of Adaptability
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Women and Islamic Law Christie S
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2008 Lifting the Veil: Women and Islamic Law Christie S. Warren William & Mary Law School, [email protected] Repository Citation Warren, Christie S., "Lifting the Veil: Women and Islamic Law" (2008). Faculty Publications. 99. https://scholarship.law.wm.edu/facpubs/99 Copyright c 2008 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs LIFTING THE VEIL: WOMEN AND ISLAMIC LAW CHRISTIES. WARREN * "Treat your women well and be kind to them for they are your partners and committed helpers." From the Farewell Address of the Holy Prophet Muhammad1 I. INTRODUCTION By the end of February 632 and at the age of sixty-three, the Prophet Muhammad believed that his days on earth were coming to an end.2 He announced to his followers that he would lead the hajj, the annual pilgrimage to Mecca, himself that year.3 On March 3, the Prophet delivered his farewell sermon near Mount Arafat.4 Among the limited number of topics he chose to include in his last public speech, he encouraged his followers to deal justly with one another and treat women well. 5 In the modem era, the rights of women under Islamic law have come under heightened scrutiny. Some commentators find the Prophet's farewell speech to be inconsistent with the way women are treated in some areas of the Muslim world. In Saudi Arabia, for example, women may neither drive nor vote. -
School of Humanities and Social Sciences Al-Ghazali's Integral
School of Humanities and Social Sciences Al-Ghazali’s Integral Epistemology: A Critical Analysis of The Jewels of the Quran A Thesis Submitted to The Department of Arab and Islamic Civilization in partial fulfillment of the requirements for the degree of Master of Arts by Amani Elshimi 000-88-0001 under the supervision of Dr. Mohamed Serag Professor of Islamic Studies Thesis readers: Dr. Steffen Stelzer Professor of Philosophy, The American University in Cairo Dr. Aliaa Rafea Professor of Sociology, Ain Shams University; Founder of The Human Foundation NGO May 2017 Acknowledgements First and foremost, Alhamdulillah - my gratitude to God for the knowledge, love, light and faith. My deepest thanks go to my supervisor and readers, whose individual passions and critical guidance helped shape my research perspective, sustain my sanity and boost my confidence - Dr. Mohamed Serag, who first initiated me into the scholarship of al- Ghazali and engaged me in eye-opening theological debates, Dr. Steffen Stelzer, whose academic expertise and personal sufi practice inspired my curiosity and touched me in deep spiritual ways, and Dr. Aliaa Rafea, who, through her lectures and practices, emphasized how the depths of meaning in the Quran can contribute to human development in contemporary times. Throughout this adventure, my colleagues and friends have been equally supportive - Soha Helwa and Wafaa Wali, in particular, have joined me in bouncing ideas back and forth to refine perspective and sustain rigor. Sincere appreciation and love goes to my family - my dear husband and children, whose unswerving support all these years has helped me grow in ways I yearned for, and never dreamed possible; and my siblings who constantly engaged me in discussion and critical analysis. -
The Reopening of the Islamic Code Introduction
The Reopening of the Islamic Code The Second Era of Ijtihad Ali Khan1 It is God who has appointed for you the stars, that by them you may guide yourself in the darkness of land and sea.2 Introduction For more than a hundred years now, an accord has gradually emerged among Muslim scholars that Islamic classical jurisprudence (fiqh) must be reformulated to meet the needs of Muslim communities. Non-Muslim commentators are even more vocal in criticizing classical fiqh. Some identify classical fiqh with fundamentalism that, they argue, spawns poverty, gender oppression, violence, ignorance, cultural segregation, intolerance, and unaccountable political structures.3 Some provide empirical analysis to argue that the notions of democracy, rights and tolerance derived from Islamic principles are deceptive.4 Included in this analysis is the intimation that Islam be reduced to private faith, as has been Christianity, so that Islam no longer shapes social, economic, political and legal discourses.5 Even some Muslims argue that classical fiqh permits 1Professor of Law, Washburn University. Special thanks to Sumir Badawi, Bill Rich, Ellen Byers, Nancy Maxwell, Megan Ballard, Lori Khan, Alex Glasshauser, Heather McElroy, Sheila Reynolds for reading and providing comments. Aram Sedeghi of class 2004 provided useful research assistance. This article is dedicated to Kashif, my son, who makes me Abu Kashif, a name I like. 2Quran 6:97. And landmarks and by the stars they might be guided. Quran 16:16 3See generally Bernard Lewis, What Went Wrong? (2002). Dirk Vandewalle, Islam in Algeria: Religion, Culture, and Opposition in a Rentier State in Political Islam 34 (ed. -
Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan Jayusman1* Oki Dermawan1 Mahmudin Bunyamin2 Sudarman2
Advances in Social Science, Education and Humanities Research, volume 492 Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019) Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan Jayusman1* Oki Dermawan1 Mahmudin Bunyamin2 Sudarman2 1Faculty of Syariah, Universitas Islam Negeri Raden Intan Lampung, Bandar Lampung, Indonesia 2Faculty of Ushuluddin and Religous Study, Universitas Islam Negeri Raden Intan Lampung, Bandar Lampung, Indonesia *Corresponding author. Email: [email protected] ABSTRACT The treasure of Mazhab Fiqh (the school of thoughts in Islamic jurisprudence) is somewhat difficult to accommodate the legal conditions of modern Islamic marriage. The new law must accommodate the benefit of life, which is the aim of Islamic law reconciliation, in the present time. Marriage law in Jordan also does not fully adhere to the majority of mazhab fiqh in the country. However, many maslahat (public common welfare) have accommodated their values. The focus of this study is to study the marriage law in Jordan and the dynamics of Islam and local culture in marriage law in Jordan. This study concludes the following. In the renewal of marriage law in Jordan, it still maintains the maqāsid al-syarī'ah (the goal of Islamic law) for the achievement of the benefit of the law and rejects harm. Jordanian family law is inseparable from the local wisdom that is owned and institutionalized in the community. Renewing marriage law in Jordan is done with the principle of preserving an existing law or regulation that is considered good, and developing it with a better law or better regulation. -
Al-Shajarah Journal of Islamic Thought and Civilization of the International Islamic University Malaysia (Iium)
AL-SHAJARAH JOURNAL OF ISLAMIC THOUGHT AND CIVILIZATION OF THE INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA (IIUM) 2019 Volume 24 Number 2 EDITOR-IN-CHIEF ABDELAZIZ BERGHOUT, IIUM, Malaysia EDITORIAL BOARD THAMEEM USHAMA, IIUM, Malaysia MOHAMED ASLAM BIN MOHAMED HANEEF, IIUM, Malaysia Awang SARIYAN, IIUM, Malaysia HAZIZAN MD NOON, IIUM, Malaysia HAFIZ ZAKARIYA, IIUM, Malaysia DANIAL MOHD YUSOF, IIUM, Malaysia ACADEMIC COMMITTEE MD SALLEH Yaapar, USM, Malaysia MOHAMMAD ABDUL QUAYUM, IIUM, Malaysia RAHMAH AHMAD H OSMAN, IIUM, Malaysia RASHID MOTEN, IIUM, Malaysia Spahic OMER, IIUM, Malaysia INTERNATIONAL ADVISORY BOARD SYED ARABI IDID (Malaysia) OSMAN BAKAR (Malaysia/Brunei) ANNABELLE TEH GALLOP (UK) SERDAR DEMIREL (Turkey) AZYUMARDI AZRA (Indonesia) WAEL B. HALLAQ (USA) AFIFI AL-AKITI (Malaysia/UK) IBRAHIM ZEIN (Qatar) Al-Shajarah is a refereed international journal that publishes original scholarly articles in the area of Islamic thought, Islamic civilization, Islamic science, and Malay world issues. The journal is especially interested in studies that elaborate scientific and epistemological problems encountered by Muslims in the present age, scholarly works that provide fresh and insightful Islamic responses to the intellectual and cultural challenges of the modern world. Al-Shajarah will also consider articles written on various religions, schools of thought, ideologies and subjects that can contribute towards the formulation of an Islamic philosophy of science. Critical studies of translation of major works of major writers of the past and present. Original works on the subjects of Islamic architecture and art are welcomed. Book reviews and notes are also accepted. The journal is published twice a year, June-July and November-December. Manuscripts and all correspondence should be sent to the Editor-in-Chief, Al-Shajarah, F4 Building, Research and Publication Unit, International Institute of Islamic Civilisation and Malay World (ISTAC), International Islamic University Malaysia (IIUM), No. -
Nation-State Islam After the Islamic State Jonathan Laurence, Boston College and Reset Dialogues, November 2019
Nation-State Islam after the Islamic State Jonathan Laurence, Boston College and Reset Dialogues, November 2019 The Spring revolutions that swept through the MENA region heralded nearly two decades of unprecedented (if sporadic) open elections (2002-2019). As part of this opening, political Islamist parties rose to their peak visibility and power in Turkey, Lebanon, Gaza, Iraq, Tunisia, Egypt, Libya and Morocco. Two inflection points indicated a new appraisal of Islamist challenges — first Ikhwanism on audiotape and Salafism via satellite, then al Qaeda and Islamic State (ISIS) online -- when anti-sectarian tactics and professionalization met. This trend interacted with different national scenarios. Morocco and Turkey (2002-2004) experienced it before Algeria and Tunisia (2011-); these countries’ physical and spiritual contiguity exposed them to the same succession of ideological assaults. The state attitude may be summarized thus: if they did not standardize religious education and strengthen the training of Imams, Muftis and ulema against an array of politicizing influences, they risked Islamic spaces and personnel becoming factional tools or channels of influence for external agents. An international Salafi movement tried to nudge public practices and opinion towards a fundamentalist Islamic order. The declaration of a Caliphate in Iraq and al Shams also deeply spooked states in the region. On the fourth day of Ramadan in the Islamic year 1435 (July 2014), a former U.S. prisoner of war and recent theology doctorate from Saddam University strode up to the minbar (pulpit) of the medieval al Nuri mosque in Iraq's second largest city, Mosul. He called upon Muslims to make hijra — return migrate — to the new Islamic State. -
Jordan and the World Trading System: a Case Study for Arab Countries Bashar Hikmet Malkawi the American University Washington College of Law
American University Washington College of Law Digital Commons @ American University Washington College of Law SJD Dissertation Abstracts Student Works 1-1-2006 Jordan and the World Trading System: A Case Study for Arab Countries Bashar Hikmet Malkawi The American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/stu_sjd_abstracts Part of the Economics Commons, and the Law Commons Recommended Citation Malkawi B. Jordan and the World Trading System: A Case Study for Arab Countries [S.J.D. dissertation]. United States -- District of Columbia: The American University; 2006. Available from: Dissertations & Theses @ American University - WRLC. Accessed [date], Publication Number: AAT 3351149. [AMA] This is brought to you for free and open access by the Student Works at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in SJD Dissertation Abstracts by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. JORDAN AND THE WORLD TRADING SYSTEM A CASE STUDY FOR ARAB COUNTRIES By Bashar Hikmet Malkawi Submitted to the Faculty of the Washington College of Law of American University in Partial Fulfillment of the Requirements for the Degree of Doctor of Juric] Dean of the Washington College of Law Date / 2005 American University 2 AMERICAN UNIVERSITY LIBRARY UMI Number: 3351149 INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction. -
Theologians, Poets, and Lone Wolves: Mapping Medium-Specific Epistemologies of Radicalization
International Journal of Communication 14(2020), 1849–1867 1932–8036/20200005 Theologians, Poets, and Lone Wolves: Mapping Medium-Specific Epistemologies of Radicalization BRIAN T. HUGHES American University, USA Examinations into the roots of Islamist terrorism have frequently presented the phenomenon as a result of either perverting political–religious epistemologies into distorted, caricatured fundamentalisms, or, alternatively, as a return to form, whereby a pure, root ideology/metaphysic is rediscovered. The former approach reflects a discourse rooted in print media and characterized by logical argumentation, linear chronology, and deference to the text. The latter approach reflects a discourse rooted in modes of secondary orality, which posit a font of ideal essence that precedes expression. The figure of the digitally engaged lone wolf undermines these discourses. His violent extremism appears only Islamically inflected through an accretion of contradictory mediated encounters linking representations of violence, Islam, and the lone wolf himself. This article argues that a new approach and discourse should therefore emerge, specific to the hypertextual and rhizomatic qualities of multiplicity and contradiction that characterize the digitally engaged lone wolf. Keywords: terrorism, extremism, ISIS, Islamophobia, radicalization, discourse, medium theory, hypermedia, affect Scholars have identified successive waves of terrorist tactics and ideological pretexts in both the contemporary Islamist domain (Esposito, 2003b; Kepel, 2002; -
Epistimology of Urf in the Usulul Fiqh ص مااعتاده اناس وسارواعليه من كل فعل
_______________________ Epistimology of Urf in the Usulul Fiqh Mochamad Su’eb Universitas Sunan Giri Surabaya [email protected] ABSTRACT Science Fiqh is one of the sciences that need to be known by all Muslims because it involves Islamic laws. Overall, this knowledge is not easy to understand. Therefore, they need an introduction to this knowledge that is very important because it can direct understanding towards Fiqh true. In addition, as a scientific discipline, Fiqh will continue and must develop. Even so, the changes in history show dynamics. Sometimes it changes very rapidly. Sometimes it also looks slow. In fact, it is not uncommon to seem static. In fact, the demand for its development is a logical consequence of the burden and demands of changing society and Muslims themselves. In this paper, we will discuss something related to the social life of society, that is habit or in the language of Fiqh "Urf". Keyword : Epistimology, Urf, Usulul Fiqh INTRODUCTION One branch of science in Islamic intellectual property is usul fiqh. As a science that discusses the foundations underlying the birth of fiqh law, the urgency of ushul fiqh is increasing, especially as a handle in answering various legal issues nowadays. Jurul fiqh is more a certain rules that are used as a handle or rules for the birth process of a law. Because of this kind of working area, it applies globally to both legal and other issues. As we know, giving birth to an answer to a legal problem is not easy, especially if the law is related to fiqh issues. -
Jihād As Defense: Just-War Theory in the Quran and Sunnah
Yaqeen Institute for Islamic Research Insert Full Title of Research Publication Jihād as Defense: Just-war theory in the Quran and Sunnah Justin Parrott 1 | Jihād as Defense: Just-war theory in the Quran and Sunnah maintain international peace Introduction and security.2 International just-war theory The Charter was originally ratified crystalized after the Second World in 1945 by a number of Muslim- War with the signing of the United majority states including Egypt, Nations Charter in 1945 and the Saudi Arabia, Iran, Iraq, Syria, and subsequent Geneva Conventions of Turkey. 3 Other Muslim states 1949. Article 2 of the Charter would follow until a total of 57 states: Muslim-majority member states would come together to form the All Members shall settle UN affiliated Organisation of their international disputes Islamic Cooperation (OIC) by peaceful means in such a (formerly Organization of the manner that international Islamic Conference) in 1969. The peace and security, and OIC member states pledge to justice, are not endangered.1 “commit themselves to the purposes and principles of the This article enshrines a concept of United Nations Charter,” part of jus ad bellum (“justice to war”), or which is adherence to just-war the principle of war as a last resort, theory in international conflicts.4 that all non-violent means of conflict resolution must be The ratification of the Charter was a exhausted before states enter into milestone in the history of war with each other. Nevertheless, humanity as it established rules of the Charter does not negate the war based upon humanitarian values right of states to defend themselves common to nearly all religions and from attack, as stated in Article 51: philosophies. -
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. -
Privacy Protection in the Information and Communications Technology
University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2011 Privacy protection in the information and communications technology (ICT): a comparative analysis of the laws of the United States, European Union and Jordan Akram Almatarneh University of Wollongong, [email protected] Recommended Citation Almatarneh, Akram, Privacy protection in the information and communications technology (ICT): a comparative analysis of the laws of the United States, European Union and Jordan, Doctor of Philosophy thesis, Faculty of Law, University of Wollongong, 2011. http://ro.uow.edu.au/theses/3470 Research Online is the open access institutional repository for the University of Wollongong. For further information contact Manager Repository Services: [email protected]. Privacy Protection in the Information and Communications Technology (ICT): A Comparative Analysis of the Laws of the United States, European Union and Jordan A Thesis Submitted in Fulfilment of the Requirements for the Award of the Degree of Doctor of Philosophy From University of Wollongong By Akram Almatarneh LL.B (MU, Jordan) LL.M (UWS, Australia) M.Phil (Macquarie University, Australia) Faculty of Law 2011 SUMMARY OF CONTENTS CONTENTS………………………………………………….. ii LIST of FIGURES, TABLES and APPENDICES………….. viii ABBREVIATIONS…………………………………………... ix ACKNOWLEDGMENTS………………………………….... xi STATEMENT OF AUTHORSHIP……………………….... xiii AUTHOR’S PUBLICATIONS……………………………… xiv ABSTRACT………………………………………………….. xv CHAPTERS 1–9…………………………………………….... 1 BIBLIOGRAPHY……………………………………………. 447 APPEDNICES………………………………………………... 478 i CONTENTS Chapter One General Introduction 1.1 Background to the Research……………………………………………... 1 1.2 Statement of the Problem………………………………………………... 3 1.3 Research Questions……………………………………………………….. 8 1.4 Conceptual Framework…………………………………………………... 9 1.5 Aims and Objectives of the Research…………………………………… 17 1.6 Approach and Methodology……………………………………………..