Towards a Solution Concerning Female Genital Mutilation?
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Conditions of a Valid Custom in Islamic and Common Laws
International Journal of Business and Social Science Vol. 3 No. 4 [Special Issue - February 2012] Conditions of a Valid Custom in Islamic and Common Laws Hafiz Abdul Ghani Assistant Professor of Religious Studies Forman Christian College (A Chartered University) Lahore, Pakistan Abstract This research paper highlights different kinds of customs and conditions for the validity of a legal custom in Islamic Sharī’a and common law. Both Islamic and the Western Jurisprudences have accepted custom and usages as an important sources of law. There is hardly any aspect of Islamic and English Jurisprudences where customary laws do not make their presence felt. From the individual to the international level, the use of customs in legal injunctions is a proven and undeniable fact. In social interaction, customs and usages encompass all these matters of every day life: inheritance, marriage, divorce, dowry, guardianship, adulthood, family ties, will, property, bestowal, division, religious rituals and adoption of a child. It is true that ‘urf and ‘ādat cannot attain the status of law unless they are supported by some political authority. But this is also a fact – and an undeniable fact – that, in the beginning, customs and usages as well as moral values acquired the status of laws. Key Words: Custom, Usage, ‘Urf , Ādat, sharī‘a, Law, jurisprudence Introduction Custom and usage are two technical terms of English jurisprudence which are known in Islamic jurisprudence as Literally and technically, these terms differ but in usage in society they overlap each .(عاده) and Ādah(عشف) Urf‘ other. In Islamic Law the definition of custom is stated as follows: “‘Urf or ‘ādah is (a state) which is firmly established in hearts and appeals one logically. -
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 -
Handbook of Islamic Finance
HANDBOOK OF ISLAMIC FINANCE Dr. Mabid Ali Al-Jarhi Professor of Economics and Finance Ankara Social Sciences University Dr. Abdulazeem Abozaid Professor of Islamic Finance Qatar Foundation Dr. Adnan Owaida Assistant Prof. of Economics and Finance Ankara Social Sciences University Editorial Board Dr. Ahmad Fayez Al-Harsh Assistant Prof. of Economics and Finance Ankara Social Sciences University Dr. Tawfiq Azraq Assistant Prof. of Economics and Finance Ankara Social Sciences University Dr. Abdulrahman Yazici Assistant Prof. of Economics and Finance Ankara Social Sciences University Translated from Arabic by Dr. Abdulazeem Abozaid Page 1 of 490 Table of contents Table of contents 2 Introduction ................................................................................................................................................ 20 Chapter One ................................................................................................................................................ 23 Shariah Justifications of Islamic Finance ..................................................................................................... 23 Chapter Two ................................................................................................................................................ 40 Economic Advantages of Islamic Finance ................................................................................................... 40 First advantage: economic efficiency .................................................................................................... -
Islamic Awakening Between Rejection and Extremism
Islamic Awakening between Rejection and Extremism by Yusuf al-Qaradawi Table of Index Preface to the First Edition Introduction Chapter 1: Extremism: The Accusation and the Truth Defects of Religious Extremism The Concept of Religious Extremism Manifestations of Extremism Chapter 2: Causes of Extremism Occupation with Side Issues Excessive Extension of Prohibitions Misconceptions Emphasis on Allegorical Texts The Need To Acknowledge and Respect Specialization Lack of Insight into History, Reality and the Sunan of Allah Two Important Sunan Islam: A Stranger in Its Homeland The Impediments Imposed on Da'wah and Du 'ah Chapter 3: Toward a Remedy for Extremisim Duties of Society Duties of Young Muslims Knowledge, Values, and Actions Sympathetic Understanding of the Abilities, Limitations, and Circumstances of Others Knowledge and Insight into the Sunan of Allah's Creation A Dialogue on the Sunan and Conditions of Victory Chapter 4: Advice to Muslim Youth Facts For Muslim Youth Some Extracts Tendency to Make Matters Easy Several Relevant and Important Points in the Ethics of Da'wah 1 Preface to the First Edition The International Institute of Islamic Thought and American Trust Publications are pleased to present this book to our readers in the English language. We have chosen it because of our concern for the future of the Ummah, Islamic thought, and Muslim youth. The author, Dr. Yusuf al Qaradawi, is famous for al Halal wa al Haram fi al Islam, published in English by American Trust Publications under the title The Lawful and the Prohibited in Islam. Dr. al Qaradawi has extensive experience in the field of dawah and is recognized as an authority in Islamic aqidah (belief) and Shari'ah. -
Islamic Shura, Democracy, and Online Fatwas 50
yber C yberO rient, Vol. 5, Iss. 2, 2011 pp. 50-72 Islamic Shura, Democracy, and Online Fatwas Jens Kutscher Abstract: Publications on the Islamic shura concept – Arabic and English – usually include a com- parison with present-day liberal democracy. This paper addresses the issue of shura and democracy from the perspective of Muslim communities residing in non-Islamic countries. How do muftis in their online fatwas respond to questions whether Islam and democracy can be reconciled? How do they address the issue of shura? This paper argues that one might well expect the shura concept to serve as a justification for the reconciliation of Islam and democracy or at least find the shura concept to be a distinctly Islamic understanding of democracy. The online fatwas considered for this survey (from AskImam.org, IslamiCity. com, IslamOnline.net, and IslamQA.com) reveal a number of distinct understandings of shura, which are nevertheless linked with each other – be they elections as an expression of shura, shura as a constitutional principle and perfect form of government, or shura in cases of hardship or the political participation of women. While muftis from all websites are unanimous in their defense of shura, their conclusions regarding the centrality and impli- cations of this concept reflect the different streams of thought and currents they represent. Keywords: study of religion, democracy, legal science, Islam and civil society, Islam and politics, Is- lamic law, websites, fatwas Islam and Democracy in the 21st Century Whether “Islam” and “democracy” are actually compatible is an issue that has been raised for several decades now (McElroy 1938). -
Al Azhar - Study Exchange Programme
Al Azhar - Study Exchange Programme Egypt and England – a significant study exchange: Christians and Muslims learning about each other’s faith A significant development and strengthening of the relationship between the Anglican Communion and Al Azhar Al Sharif, the centre of Islamic learning in Cairo, Egypt, has taken place during November through two significant study visits. The first is that of the Grand Mufti of Egypt, His Eminence Dr Ali Gomaa, who delivered a talk at the University of Cambridge during the first week of November. A longer stay for study, of a month’s duration, was made by three younger Muslim scholars (El Sayed Mohamed Abdalla Amin, Farouk Rezq Bekhit Sayyid, Sameh Mustafa Muhammad Asal, graduate teaching assistants at the Faculty of Languages and Translation, Department of Islamic Studies in English, Al Azhar University) to Ridley Hall Theological College, Cambridge, England, November 1-29. Ridley Hall is well-known as a training centre for future Anglican clergy. Study exchange linked to Anglican Communion Al Azhar dialogue This double visit, of both Dr Gomaa, an eminent international Muslim scholar, and of three future Muslim religious leaders, is linked to the study exchange agreement signed by the Anglican Communion and Al Azhar Al Sharif in September 2005 at Lambeth Palace and ratified in the presence of Sheikh Al Azhar, Dr Mohamed Tantawy, at a meeting held at Al Azhar in September 2006. This process of study exchange has been developed to further the aims of the initial agreement between the Anglican Communion -
RELIGIOUS PEACE a Precious Treasure RELIGIOUS PEACE a Precious Treasure
RELIGIOUS PEACE A Precious Treasure RELIGIOUS PEACE A Precious Treasure Studies in Inter-Religious Relations in Plural Societies (SRP) Programme Editors: Salim Mohamed Nasir and M Nirmala Copyright © 2015 ISBN: 978-981-09-4915-0 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the S Rajaratnam School of International Studies, Nanyang Technological University. Printed by Future Print Pte Ltd 10 Kaki Bukit Road 1,#01-35 KB Industrial Building, Singapore 416175 Tel: 6842 5500 Email: [email protected] Studies in Inter-Religious Relations in Plural Societies (SRP) Programme S Rajaratnam School of International Studies, Nanyang Technological University Block S4, Level B4, Nanyang Avenue, Singapore 639798 Tel: (65) 6592 1680 Email: [email protected] Website: www.rsis.edu.sg A PRECIOUS RELIGIOUS TREASURE PEACE RELIGIOUS PEACE, RELIGIOUS PEACE Contents A PRECIOUS TREASURE A Precious Treasure 05 Message by PM Lee Hsien Loong 07 Foreword INTRODUCTION 10 About SRP 13 Profiles 22 Reclaiming Our Common Humanity - Role of Religion amidst Pluralism 32 Theological and Cultural Foundations for Strong and Positive Inter-Religious Relations 42 Theological and Cultural Foundations for an Inclusivist View of the Religious ‘Other’ in Islamic Tradition 60 Inter-Religious Relations in Singapore 76 Hinduism, Peace-building and the Religious ‘Other’ 91 Annexes 112 Acknowledgements RELIGIOUS RELIGIOUS PEACE, PEACE A PRECIOUS TREASURE RELIGIOUS PEACE, A PRECIOUS TREASURE 03 Meeting with Singapore’s Prime Minister Lee Hsien Loong. (MCI photo by Terence Tan) Singapore Prime Minister Lee Hsien Loong met Sheikh Dr Ali Gomaa and Most Rev Dr Mouneer Hanna Anis at the Istana on 6 June 2014. -
Reasoning with God Reclaiming Shari'ah in the Modern
Australian Journal of Islamic Studies https://ajis.com.au ISSN (online): 2207-4414 Centre for Islamic Studies and Civilisation Charles Sturt University CRICOS 00005F Islamic Sciences and Research Academy of Australia Book Review Reasoning with God Reclaiming Shari’ah in the Modern Age Ramia Sultan To cite this article: Sultan, Ramia. “Book Review: Reasoning with God.” Review of Reasoning with God: Reclaiming Shari’ah in the Modern Age, by Khaled Abou El Fadl. Australian Journal of Islamic Studies 2, no. 1 (2017): 99-101. Published online: 14 March 2017 Submit your article to this journal View related and/or other articles in this issue Full Terms & Conditions of access and use can be found at https://ajis.com.au/index.php/ajis/tncs Australian Journal of Islamic Studies Volume 2, Issue 1, 2017 BOOK REVIEW: REASONING WITH GOD: RECLAIMING SHARI’AH IN THE MODERN AGE * Ramia Sultan Abou El Fadl, Khaled. Reasoning with God: Reclaiming Shari’ah in the Modern Age. US, Rowman & Littlefield Publishers: 2014. pp. 556. $53.00. 978-0-7425-5232-6. During contemporary times, when Islamophobia has become an established norm globally and some Muslims are contending with a lack of or weakness in faith and spirituality, it is imprecise as to whether culpability can be directed toward external environmental influences, such as secularism, or each individual’s failure to preserve their spiritual faculties. This desolate reality has been realised by contemporary Islamic scholar, author, lawyer, education activist and social advocate Khaled Abou El Fadl – an Egyptian native of Kuwait – a distinguished professor in Islamic law at the University of California. -
The Naqshbandi-Haqqani Order, Which Has Become Remarkable for Its Spread in the “West” and Its Adaptation to Vernacular Cultures
From madness to eternity Psychiatry and Sufi healing in the postmodern world Athar Ahmed Yawar UCL PhD, Division of Psychiatry 1 D ECLARATION I, Athar Ahmed Yawar, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. Signed: 2 A BSTRACT Problem: Academic study of religious healing has recognised its symbolic aspects, but has tended to frame practice as ritual, knowledge as belief. In contrast, studies of scientific psychiatry recognise that discipline as grounded in intellectual tradition and naturalistic empiricism. This asymmetry can be addressed if: (a) psychiatry is recognised as a form of “religious healing”; (b) religious healing can be shown to have an intellectual tradition which, although not naturalistic, is grounded in experience. Such an analysis may help to reveal why globalisation has meant the worldwide spread not only of modern scientific medicine, but of religious healing. An especially useful form of religious healing to contrast with scientific medicine is Sufi healing as practised by the Naqshbandi-Haqqani order, which has become remarkable for its spread in the “West” and its adaptation to vernacular cultures. Research questions: (1) How is knowledge generated and transmitted in the Naqshbandi- Haqqani order? (2) How is healing understood and done in the Order? (3) How does the Order find a role in the modern world, and in the West in particular? Methods: Anthropological analysis of psychiatry as religious healing; review of previous studies of Sufi healing and the Naqshbandi-Haqqani order; ethnographic participant observation in the Naqshbandi-Haqqani order, with a special focus on healing. -
Islam and the Challenge of Democratic Commitment
Fordham International Law Journal Volume 27, Issue 1 2003 Article 2 Islam and the Challenge of Democratic Commitment Dr. Khaled Abou El-Fadl∗ ∗ Copyright c 2003 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Islam and the Challenge of Democratic Commitment Dr. Khaled Abou El-Fadl Abstract The author questions whether concurrent and simultaneous moral and normative commit- ments to Islam and to a democratic form of government are reconcilable or mutually exclusive. The author will argue in this Article that it is indeed possible to reconcile Islam with a commitment in favor of democracy. The author will then present a systematic exploration of Islamic theology and law as it relates to a democratic system of government, and in this context, address the various elements within Islamic belief and practice that promote, challenge, or hinder the emergence of an ideological commitment in favor of democracy. In many ways, the basic and fundamental ob- jective of this Article is to investigate whether the Islamic faith is consistent or reconcilable with a democratic faith. As addressed below, both Islam and democracy represent a set of comprehensive and normative moral commitments and beliefs about, among other things, the worth and entitle- ments of human beings. The challenging issue is to understand the ways in which the Islamic and democratic systems of convictions and moral commitments could undermine, negate, or validate and support each other. ISLAM AND THE CHALLENGE OF DEMOCRATIC COMMITMENT Dr. Khaled Abou El Fadl* The question I deal with here is whether concurrent and simultaneous moral and normative commitments to Islam and to a democratic form of government are reconcilable or mutually exclusive. -
The World's 500 Most Influential Muslims, 2021
PERSONS • OF THE YEAR • The Muslim500 THE WORLD’S 500 MOST INFLUENTIAL MUSLIMS • 2021 • B The Muslim500 THE WORLD’S 500 MOST INFLUENTIAL MUSLIMS • 2021 • i The Muslim 500: The World’s 500 Most Influential Chief Editor: Prof S Abdallah Schleifer Muslims, 2021 Editor: Dr Tarek Elgawhary ISBN: print: 978-9957-635-57-2 Managing Editor: Mr Aftab Ahmed e-book: 978-9957-635-56-5 Editorial Board: Dr Minwer Al-Meheid, Mr Moustafa Jordan National Library Elqabbany, and Ms Zeinab Asfour Deposit No: 2020/10/4503 Researchers: Lamya Al-Khraisha, Moustafa Elqabbany, © 2020 The Royal Islamic Strategic Studies Centre Zeinab Asfour, Noora Chahine, and M AbdulJaleal Nasreddin 20 Sa’ed Bino Road, Dabuq PO BOX 950361 Typeset by: Haji M AbdulJaleal Nasreddin Amman 11195, JORDAN www.rissc.jo All rights reserved. No part of this book may be repro- duced or utilised in any form or by any means, electronic or mechanic, including photocopying or recording or by any information storage and retrieval system, without the prior written permission of the publisher. Views expressed in The Muslim 500 do not necessarily reflect those of RISSC or its advisory board. Set in Garamond Premiere Pro Printed in The Hashemite Kingdom of Jordan Calligraphy used throughout the book provided courte- sy of www.FreeIslamicCalligraphy.com Title page Bismilla by Mothana Al-Obaydi MABDA • Contents • INTRODUCTION 1 Persons of the Year - 2021 5 A Selected Surveyof the Muslim World 7 COVID-19 Special Report: Covid-19 Comparing International Policy Effectiveness 25 THE HOUSE OF ISLAM 49 THE -
Khaled Abou El Fadl Islam and the Challenge Of
KHALED ABOU EL FADL (UNIVERSITY OF CALIFORNIA, Los ANGELES) ISLAM AND THE CHALLENGE OF DEMOCRATIC COMMITMENT he question I deal with here is whether concurrent and simultaneous moral T and normative commitments to Islam and to a democratic form of gov ernment are reconcilable or are they mutually exclusive. I will argue in this arti cle that it is indeed possible to reconcile Islam with a commitment in favor of democracy. In this article, I will present a systematic exploration of Islamic the ology and law as it relates to a democratic system of government, and in this context, I will address the various elements within Islamic belief and practice that promotes, challenges, or hinders the emergence of an ideological commit ment in favor of democracy. In many ways, the basic and fundamental objective of this article is to investigate whether the Islamic faith is consistent or reconcil able with a democratic faith. As addressed below, both Islam and democracy represent a set of comprehensive and normative moral commitments and beliefs about, among other things, the worth and entitlements of human beings. The challenging issue is to understand the ways in which the Islamic and democratic system of convictions and moral commitments could undermine, negate, or validate and support each other. At the outset of this article, I make no apologies for my conviction that separate and independent commitments in favor of Islam and in favor of democracy are morally desirable and normatively good. The problem is to facilitate the co-existence of both of these desirable moral com mitments and, to the extent possible, to guard against a situation in which the one challenges and negates the other.