Fate and Fatalism in Islam a Philosophical Appraisal
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A Comparative Study of Both Islamic Law and Common Law Systems Rahma Hersi LL.M
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Cornell Law Library Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law School Inter-University Graduate Conferences, Lectures, and Workshops Student Conference Papers 4-14-2009 A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems Rahma Hersi LL.M. Graduate, Indiana University School of Law Follow this and additional works at: http://scholarship.law.cornell.edu/lps_clacp Part of the Religion Commons Recommended Citation Hersi, Rahma, "A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems" (2009). Cornell Law School Inter-University Graduate Student Conference Papers. Paper 29. http://scholarship.law.cornell.edu/lps_clacp/29 This Article is brought to you for free and open access by the Conferences, Lectures, and Workshops at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law School Inter-University Graduate Student Conference Papers by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. A VALUE ORIENTED LEGAL THEORY FOR MUSLIM COUNTRIES IN THE 21ST CENTURY. A COMPARATIVE STUDY OF BOTH ISLAMIC LAW AND COMMON LAW SYSTEMS. Submitted by: Rahma Hersi LLM Graduate; International Comparative Law Track, Indiana University School of Law TABLE OF CONTENTS Introduction 1 Sources of Law in the Islamic Legal Tradition…………………. 3 2:1 Agreed Upon Sources& Disputed Sources……………………… 2 2.2 What if Jurist doesn’t find the Law in a given Source…………..4 2:3 Istihsan is it accepted by all Schools in Islam……………………5 3. -
The Existence of Maslahah Mursalah As the Basis of Islamic Law Development in Indonesia
Jurnal Krtha Bhayangkara, Volume 13 Nomor 2, Desember 2019 THE EXISTENCE OF MASLAHAH MURSALAH AS THE BASIS OF ISLAMIC LAW DEVELOPMENT IN INDONESIA Adi Nur Rohman Fakultas Hukum, Universitas Bhayangkara Jakarta Raya [email protected] Naskah diterima: Revisi: Naskah disetujui: 2/09/2019 22/09/2019 4/10/2019 Abstrak Makalah ini bertujuan untuk menganalisis konsepsi maslahah dalam wacana perkembangan hukum Islam. Selanjutnya, makalah ini menguraikan keberadaan masalah dan melihat lebih dalam ke dalam implementasi masalah sebagai dasar untuk pengembangan hukum Islam di Indonesia. Makalah ini adalah yuridis normatif menggunakan pendekatan doktrinal. Pada akhirnya, dapat disimpulkan bahwa konsepsi maslahah adalah metode penggalian hukum Islam yang didasarkan pada aspek manfaat dan kebaikan bagi manusia selama tidak bertentangan dengan norma syariah Islam. Selain itu, implementasi masalah sebagai dasar untuk penemuan hukum Islam di Indonesia tidak dapat disangkal. Hal ini dapat dilihat dari daruratnya undang-undang atau peraturan di bawahnya yang mengatur berbagai aspek hukum Islam di Indonesia dalam menanggapi masalah kehidupan masyarakat sebagai dampak dari zaman dan teknologi. Kata Kunci: eksistensi, maslahah mursalah, hukum Islam. Abstract This paper aims to analyze the conception of maslahah in the discourse of the development of Islamic law. Furthermore, this paper elaborates the existence of maslahah mursalah and looks deeper into the implementation of maslahah as a basis for the development of Islamic law in Indonesia. This paper is normative juridical using a doctrinal approach. In the end, it can be concluded that the conception of maslahah is a method of extracting Islamic law which is based on aspects of benefit and goodness for humans as long as it does not conflict with Islamic sharia norms. -
Life with Augustine
Life with Augustine ...a course in his spirit and guidance for daily living By Edmond A. Maher ii Life with Augustine © 2002 Augustinian Press Australia Sydney, Australia. Acknowledgements: The author wishes to acknowledge and thank the following people: ► the Augustinian Province of Our Mother of Good Counsel, Australia, for support- ing this project, with special mention of Pat Fahey osa, Kevin Burman osa, Pat Codd osa and Peter Jones osa ► Laurence Mooney osa for assistance in editing ► Michael Morahan osa for formatting this 2nd Edition ► John Coles, Peter Gagan, Dr. Frank McGrath fms (Brisbane CEO), Benet Fonck ofm, Peter Keogh sfo for sharing their vast experience in adult education ► John Rotelle osa, for granting us permission to use his English translation of Tarcisius van Bavel’s work Augustine (full bibliography within) and for his scholarly advice Megan Atkins for her formatting suggestions in the 1st Edition, that have carried over into this the 2nd ► those generous people who have completed the 1st Edition and suggested valuable improvements, especially Kath Neehouse and friends at Villanova College, Brisbane Foreword 1 Dear Participant Saint Augustine of Hippo is a figure in our history who has appealed to the curiosity and imagination of many generations. He is well known for being both sinner and saint, for being a bishop yet also a fellow pilgrim on the journey to God. One of the most popular and attractive persons across many centuries, his influence on the church has continued to our current day. He is also renowned for his influ- ence in philosophy and psychology and even (in an indirect way) art, music and architecture. -
Welcome to Ahmadiyyat, the True Islam− Ð Õ Êáîyj»A Æ Ê Ì Êåày Æ J»Aì Êé¼»A Ániê Æ Ê
Welcome to Ahmadiyyat, The True Islam− Ð Õ êÁÎYj»A æ ê ì êÅÀY æ j»Aì êɼ»A ÁnIê æ ê In the name of Allah,− the Gracious, the Merciful WELCOME TO AHMADIYYAT, THE TRUE ISLAM TABLE OF CONTENTS Foreword: Sahibzada± − ± − M. M. Ahmad,± Amir− Jama‘at,− USA 11 Introduction ............................................................................. 13 System of Transliteration ............................................................ 15 Publisher's Note ......................................................................... 17 1 The Purpose of Man's Life ..................................... 19 Means of Attaining Purpose of Life ........................... 24 Significance of Religion ............................................ 28 The Continuity of Religion ........................................ 29 The Apex of Religious Development ......................... 31 Unity of Religions ..................................................... 31 2 Islam− and a Muslim ................................................. 32 Unification of Humanity Through Islam− ................... 44 Ahmadi± − Muslims ....................................................... 50 1 Welcome to Ahmadiyyat, The True Islam− 3 The Islamic− Beliefs (The Articles of Faith) ......... 52 Unity of Allah− ............................................................ 54 The Islamic− Concept of God Almighty ...................... 55 God's Attributes (Divine Names) ........................ 61 Angels ........................................................................ 64 The Islamic− -
The Thought of St. Augustine Churchman 104/4 1990
The Thought of St. Augustine Churchman 104/4 1990 Rod Garner St. Augustine, also known as Aurelius Augustinus, was born in AD 354 and died in 430 at Hippo, North Africa, in a region now better known as modern Algeria. He was raised in a town called Thagaste. There he suffered the twin misfortunes of the early death of his father, Patrick, and an impoverished education which did little to foster his knowledge and understanding. His mother, Monica, influenced him deeply and remained his best friend until her death in 388. Three years later (and against his wishes) Augustine was ordained presbyter for a small congregation at the busy seaport of Hippo Regius, forty five miles from his birthplace. His reluctance could not mask his outstanding abilities and it was not long before he was consecrated bishop of the province. For thirty four years his episcopal duties engaged him in a constant round of preaching, administration, travel and the care of his people. Despite the demands on his time, and the various controversies which embroiled him as a champion of orthodoxy, he never ceased to be a thinker and scholar. He wrote extensively and his surviving writings exceed those of any other ancient author. His vast output includes one hundred and thirteen books and treatises, over two hundred letters, and more than five hundred sermons. Although a citizen of the ancient world whose outlook was shaped by the cultures of Greece and Rome, Augustine is in important respects our contemporary. His influence has proved pervasive, affecting the way we think about the human condition and the meaning of the word ‘God’. -
The Ahmadiyya Quest for Religious Progress
The Ahmadiyya Quest for Religious Progress <UN> Muslim Minorities Editorial Board Jørgen S. Nielsen (University of Copenhagen) Aminah McCloud (DePaul University, Chicago) Jörn Thielmann (Erlangen University) VOLUME 19 The titles published in this series are listed at brill.com/mumi <UN> The Ahmadiyya Quest for Religious Progress Missionizing Europe 1900–1965 By Gerdien Jonker LEIDEN | BOSTON <UN> Cover illustration: Islam lesson in the Berlin mission house in 1935. The text on the blackboard is a line from the Persian poet Nasir Din al-Shah: “A (good) friend will never complain about his friend.” Photograph taken from the Album “Mosque & Friends”, pa Oettinger, courtesy Suhail Ahmad. Library of Congress Cataloging-in-Publication Data Names: Jonker, Gerdien. Title: The Ahmadiyya quest for religious progress : missionizing Europe 1900-1965 / By Gerdien Jonker. Description: Leiden ; Boston : Brill, 2016. | Series: Muslim minorities ; v. 19 | Includes bibliographical references and index. Identifiers: LCCN 2015038970| ISBN 9789004305298 (hardback : alk. paper) | ISBN 9789004305380 (e-book) Subjects: LCSH: Ahmadiyya--Doctrines. | Ahmadiyya--Missions--Europe. | Islam--Missions--Europe. | Islamic renewal--Europe. | Religious awakening--Islam | Muslims--Europe. Classification: LCC BP195.A5 J66 2016 | DDC 297.8/6--dc23 LC record available at http://lccn.loc.gov/2015038970 This publication has been typeset in the multilingual “Brill” typeface. With over 5,100 characters covering Latin, ipa, Greek, and Cyrillic, this typeface is especially suitable for use in the humanities. For more information, please see www.brill.com/brill-typeface. issn 1570-7571 isbn 978-90-04-30529-8 (hardback) isbn 978-90-04-30538-0 (e-book) Copyright 2016 by Koninklijke Brill nv, Leiden, The Netherlands. -
What Is Philosophy.Pdf
I N T R O D U C T I O N What Is Philosophy? CHAPTER 1 The Task of Philosophy CHAPTER OBJECTIVES Reflection—thinking things over—. [is] the beginning of philosophy.1 In this chapter we will address the following questions: N What Does “Philosophy” Mean? N Why Do We Need Philosophy? N What Are the Traditional Branches of Philosophy? N Is There a Basic Method of Philo- sophical Thinking? N How May Philosophy Be Used? N Is Philosophy of Education Useful? N What Is Happening in Philosophy Today? The Meanings Each of us has a philos- “having” and “doing”—cannot be treated en- ophy, even though we tirely independent of each other, for if we did of Philosophy may not be aware of not have a philosophy in the formal, personal it. We all have some sense, then we could not do a philosophy in the ideas concerning physical objects, our fellow critical, reflective sense. persons, the meaning of life, death, God, right Having a philosophy, however, is not suffi- and wrong, beauty and ugliness, and the like. Of cient for doing philosophy. A genuine philo- course, these ideas are acquired in a variety sophical attitude is searching and critical; it is of ways, and they may be vague and confused. open-minded and tolerant—willing to look at all We are continuously engaged, especially during sides of an issue without prejudice. To philoso- the early years of our lives, in acquiring views phize is not merely to read and know philoso- and attitudes from our family, from friends, and phy; there are skills of argumentation to be mas- from various other individuals and groups. -
Islamic Law: the Sources
Knut S. Vikør Islamic law: the sources 8 Islamic law The sources Knut S. Vikør While the classical jurisprudence (fiqh) of Islamic law speaks of ‘four sources’ to the Sharīʿa, there are actually only two that refer directly to divine revelation: the Qurʾān which was revealed to the prophet Muḥammad, and the Prophet’s statements and acts, his sunna, collected and transmitted in a body of normative stories and anecdotes called the ḥadīth, or ‘Prophetic traditions’ (Kamali, 1991: 14–228; Vikør, 2005: 31– 88). The Prophet had no supernatural attributes according to standard theology (the Sufī mystics would disagree), so there is an issue why his statements beyond those that transmit the Qurʾān also represent a divine revelation. One explanation is to claim that the Prophet, being the exemplary human, is infallible: he cannot say anything that is not correct. However, most views of the Prophet would restrict his attribute to being free of sin (maʿṣūm), which preserves him from a conscious lie but not from being honestly mistaken. Many ḥadīth stress his human side, providing statements of the type, ‘when I speak as a Prophet, you must follow my example, but I have my own likes and dislikes as a man, and you need not follow me in that’ (Muslim, ‘Ṣaid’, 7). Clearly, such stories are responses to claims that everything the Prophet said and did was indeed normative and represented divine will. A more pragmatic explanation is that divine revelation was continuous throughout the Prophet’s life. So, if the Prophet had inadvertently made a mistake, God would correct him in a later revelation. -
Islamic Studies and Religious Education Bi-Annual Curriculum
Islamic Studies and Religious Education bi-annual Curriculum Subject Leader: Mr Abdullah AS Patel, Deputy Head Teacher Intent We are committed to providing a curriculum with breadth that allows all our pupils to be able to achieve the following: ● Build Islamic character, through the termly topics, and a special focus on character building in the final term. ● To learn relevant knowledge to their religious preferences and the values they come with from home. ● To challenges, motivate, inspire and lead them to a lifelong interest in learning, using their Islamic values as a base for further religious exploration, in further education. ● To facilitate pupils to achieve their personal best and grow up to be Muslims with a strong sense of identity. ● To create a link between different subjects to give the pupils and appreciation of the breadth and connected nature of learning. ● To promote active community involvement, we will ensure pupils are prepared for life in modern Britain, by teaching universal human values, and dedicating time in the year to learning specifically about British Values. Implementation To help us achieve our Islamic Studies curriculum intent, we will: ● Offer a quality-assured curriculum using multiple syllabi, and ensuring all lessons are well-planned and effectively delivered. ● Provide pupils and parents with ‘Tarbiyah’ checklists to monitor their character-building progress. ● Where appropriate, we will provide pupils with the tools to learn more effectively by means of practical demonstrations. ● To build a sense of tolerance and respect, we will arrange trips to visit different places of worship to learn about others and appreciate their teachings. -
TAO TAO/ Fate in Confucian Virtue Ethics and Its Contemporary
FATE IN CONFUCIAN VIRTUE ETHICS AND ITS CONTEMPORARY SIGNIFICANCE Tao Tao Abstract:Based on the concept of fate in Confucian virtue ethics, this paper discussed three questions successively: (1) What is inevitable or unchangeable? (2)Facing fate, what we can do?(3)Are we able to achieve happiness? Or what are the relations between virtues, external goods, and happiness? To the first question, this paper mentioned four aspects: the natural world and its laws, the natural life process, the ethical nature of human beings, and the conventional environment. To the second, this paper analyzed four actions in Confucianism: to understand fate, to go along with fate, to respect fate, and to rejoice in accepting fate. To the third, this paper distinguished two kinds of happiness: one with external goods, the other with virtues, and only the latter one is real and self-sufficient. The final conclusion is that: the gentleman in Confucianism who knows to go along with and respect fate, will accept the arrangement or consequence of actions with tranquility, or even a joyful mind; meanwhile, he will pursue virtues for entire lifetime, because he knows virtues or the Way are a person’s real end or happiness. By nature, or by fate, we are able to or must be moral. Life and death are governed by fate, wealth and honor are determined by Heaven. (Analects 12.5) 1 Undoubtedly, we are all powerless to solve specific problems or change circumstances burdened by unfavorable conditions. Whatever has happened to us has happened; no matter good or bad, we cannot change or ignore it. -
Fatalistic Beliefs
SCRIPTA INSTITUTI DONNERIANI ABOENSIS II FATALISTIC BELIEFS IN RELIGION, FOLKLORE, AND LITERATURE Papers read at the Symposium on Fatalistic Beliefs held at Åbo on the 7th-9th of September, 1964 Edited by HELMER RINGGREN ALMQVIST & WIKSELL STOCKHOLM Fatalistic beliefs Fatalistic beliefs in Religion, Folklore, and Literature Papers read at the Symposium on Fatalistic Beliefs held at Åbo on the 7th-9th of September, 1964 Edited by HELMER RINGGREN ALMQVIST & WIKSELL STOCKHOLM Printed in Sweden by Almqvist & Wiksells Boktryckeri AB, Uppsala 1967 Contents HELMER RINGGREN The Problem of Fatalism 7 CARL-MARTIN EDSMAN Divine and Demonic Necessity in the Oresteia 19 JAN BERGMAN "I Overcome Fate, Fate Harkens to Me" 35 HELMER RINGGREN Islamic Fatalism 52 ÅKE V. STRÖM Scandinavian Belief in Fate 63 MATTI KUUSI Fatalistic Traits in Finnish Proverbs 89 ROLF WILH. BREDNICH Die osteuropäischen Volkssagen vom vorherbestimmten Schicksal 97 CARL GUSTAV DIEHL Instances of Belief in Fate in South India '18 GUNNAR SJÖHOLM Observations on the Chinese Ideas of Fate 126 IVAR PAULSON Die Schicksalsseele 133 HALFDAN SIIGER Fate in the Religion of the Lepchas 15c OLOF PETTERSSON Divinity and Destiny in the Religion of Ruanda-Urundi 158 MOGENS BRØNDSTED The Transformations of the Concept of Fate in Literature 172 K. ROB. V. WIKMAN C. Linnæus' Ideas Concerning Retribution and Fate 179 GUSTAV HENNINGSEN Fatalism in Systematic Aspect and Fatalism in its Functional Context 183 The Problem of Fatalism By HELMER RINGGREN It seems that the hardest task in the study of religion is to define its object, in other words, to determine what religion is. A new work in the history, psychology or sociology of religion almost inevitably begins with a new and original definition of the concept of religion. -
Fatalism, Beliefs, and Behaviors During the Covid-19 Pandemic
NBER WORKING PAPER SERIES FATALISM, BELIEFS, AND BEHAVIORS DURING THE COVID-19 PANDEMIC Jesper Akesson Sam Ashworth-Hayes Robert Hahn Robert D. Metcalfe Itzhak Rasooly Working Paper 27245 http://www.nber.org/papers/w27245 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 May 2020, Revised September 2021 We would like to thank Simge Andi, Luigi Butera, Rena Conti, Zoe Cullen, Keith Ericson, John Friedman, Tal Gross, Nikhil Kalyanpur, Rebecca Koomen, John List, Mario Macis, Paulina Olivia, Ricardo Perez-Truglia, Jim Rebitzer, Cass Sunstein, Dmitry Taubinsky and Jasmine Theilgaard for helpful suggestions. We thank Senan Hogan-Hennessey and Manuel Monti- Nussbaum for their valuable research assistance. Any opinions expressed in this paper are those of the authors and do not necessarily represent those of the institutions with which they are affiliated. AEA Registry No. AEARCTR-0005775. This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors. Correspondence: [email protected] The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peer- reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications. © 2020 by Jesper Akesson, Sam Ashworth-Hayes, Robert Hahn, Robert D. Metcalfe, and Itzhak Rasooly. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source.