Introducción.El Control Del Conocimiento En Las Sociedades
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An Introduction to Islamic Law LAWS
An Introduction to Islamic Law LAWS 6518 Tue,Thu 9:00 AM - 10:15 AM WOLF 207 Hamid M. Khan Adjunct Professor, University of Colorado Law School McKenna Long & Aldridge LLP [email protected] [email protected] INTRODUCTION Islamic law, also known as Shariah, is one of the oldest systems of law of the contemporary age. With over 1.5 billion adherents, Islamic law is part of the laws of nearly 60 nations and plays a vital role in the conduct of all Muslims. This course introduces students to the Islamic Law by giving them a firm grounding in the principles, concepts and terminology. We begin by examining the Formative Era of Islamic Law, through its sources and methodologies. Next, we examine the Established Era of the Schools of Law including the differences between Sunni and Shiite Islamic Law. Finally, we examine several substantive areas of Islamic law, including human rights, terrorism, political Islam, women’s rights and rights of religious minorities, criminal law, and finance law and pay special attention to the growing role of fundamentalism in these areas of law. We conclude by examining the relevance of Islam and Islamic Law in today’s world. No previous familiarity with the field is necessary and there are no course prerequisites. GRADING The final grade will be calculated as follows: Attendance & Class Participation: 20% Final Exam: 80% The foregoing class is governed by the Law School’s Honor Code which is predicated on the premise that the study and teaching of law in an academic setting is an integral part of the legal profession. -
Thematic Dossier
Thematic Dossier Formulating the Caliphate in the Islamic West: Umayyads, Ḥammūdids, and Almohads Guest Editors MARIBEL FIERRO AND PATRICE CRESSIER Contents: • Maribel Fierro and Patrice Cressier, “Introduction” • Isabel Toral-Niehoff, “Writing for the Caliphate: The Unique Necklace by Ibn ʿAbd Rabbih” • Jan Thiele, “Facing the Mahdī’s True Belief: Abū ʿAmr al-Salālijī’s Ashʿarite Creed and the Almohads’ Claim to Religious Authority” • Javier Albarrán, “The Jihād of the Caliphs and the First Battles of Islam: Memory, Legitimization and Holy War, from Cordoba to Tinmal” • Pascal Buresi, “Preparing the the Almohad Caliphate: The Almoravids” • Almudena Ariza Armada, “The Ḥammūdid Caliphate: A New Look Through the Lens of Numismatics” Al-ʿUṣūr al-Wusṭā 26 (2018) Introduction* MARIBEL FIERRO PATRICE CRESSIER Instituto de Lenguas y Culturas Centre National de la del Mediterráneo-CSIC, Madrid Recherche Scientifique ([email protected]) ([email protected]) he 2014 proclamation of a new caliphate headed by Abū Bakr al-Baghdādī by the so-called Islamic State1 sparked renewed interest in the history of the caliphal institu- tion. In 2016, two books by renowned scholars appeared, offering a general overview Tof the subject addressed to both specialists and a larger audience.2 Previous recent studies had focused on specific historical aspects, such as the presence of messianic trends in the caliphate’s conception and the extent of the caliph’s authority.3 The abolition of the Ottoman caliphate in 1924 has also been a subject of analysis.4 That abolition—not the first one to happen in the history of Islam, as we shall see—caused special commotion among different sectors of the Islamic community, including Egyptian intellectuals who were re-thinking the place of Islam in the modern world, and Indian Muslims under British colonial rule.5 The abolition had less of an impact in the former North African Ottoman * We want to express our deep gratitude to Antoine Borrut and Matthew Gordon for their invaluable help in editing this dossier. -
Can Islam Accommodate Homosexual Acts? Qur’Anic Revisionism and the Case of Scott Kugle Mobeen Vaid
ajiss34-3-final_ajiss 8/16/2017 1:01 PM 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. -
Hostages and the Dangers of Cultural Contact: Two Cases from Umayyad Cordoba*
MARIBEL FIERRO Hostages and the Dangers of Cultural Contact: Two Cases from Umayyad Cordoba* Hostages are captives of a peculiar sort. Rather than having been captured during war, they are in the hands of the enemy as free persons who have temporarily lost their freedom, either because they were given and kept as a pledge (for example, for the fulfilment of a treaty) or in order to act as a substitute for someone who has been taken prisoner1. The prisoner, usually an important person, can regain his or her freedom under certain conditions, usually by the payment of a ransom. When those conditions are fulfilled, the hostage is released. In the medieval period, the taking of hostages was linked to conquest, the establishment of treaties, and the submission of rebels. The Spanish word for »hostage« (rehén, pl. rehenes) derives from the Arabic root r.h.n (which produces, in Classical Arabic, rāhin, pl. rahāʾin)2, and this origin attests to the fact that the practice of taking hostages was widespread in medieval Iberia and more generally in the Mediterranean3. The Muslims had not, however, invented it4. We lack specific studies dealing with hostages in Islamic lands and the procedures related to their taking and release, as well as their life as hostages, in spite of the fact that medieval historical and, more generally, literary sources are full of references to this widespread, persistent, and accepted practice which had advantages for both par- * This paper was undertaken as part of the project »Knowledge, heresy and political culture in the Islamic West (second/eighth–ninth/fifteenth centuries) = KOHEPOCU«, F03049 Advanced Research Grant, European Research Council (2009–2014). -
1 the RING of the DOVE by IBN HAZAM
THE RING OF THE DOVE By IBN HAZAM (994-1064) A TREATISE ON THE ART AND PRACTICE OF ARAB LOVE Translated by A.J. ARBERRY, LITT.D., F.B.A LUZAC & COMPANY, LTD. 46 GREAT RUSSELL STREET, LONDON, W.C. 1 -------------------------------------------------------------------------------- CONTENTS -------------------------------------------------------------------------------- Preface Author's Preface Preliminary Excursus The Signs Of Love On Falling In Love While Asleep On Falling In Love Through A Description On Falling In Love At First Sight On Falling In Love After Long Association On Falling In Love With A Quality And Thereafter Not Approving Any Other Different Of Allusion By Words Of Hinting With The Eyes Of Correspondence Of The Messenger Of Concealing The Secret Of Divulging The Secret Of Compliance Of Opposition Of The Reproacher Of The Helpful Brother Of The Spy Of The Slanderer Of Union Of Breaking Off Of Fidelity Of Betrayal Of Separation Of Contentment Of Wasting Away Of Forgetting Of Death 1 Of The Vileness Of Sinning Of The Virtue Of Continence PREFACE THE Arabs carrying Islam westwards to the Atlantic Ocean first set foot on Spanish soil during July 710 the leader of the raid, which was to prove the forerunner of long Moslem occupation of the Iberian Peninsula, was named Tarif, and the promontory on which he landed commemorates his exploit by being called to this day Tarifa. The main invasion followed a year later; Tariq Ibn Ziyad, a Berber by birth, brought over from the African side of the narrows a comparatively small army which sufficed to overthrow Roderick the Visigoth and to supplant the Cross by the Crescent; he gave his name to that famous Rock of Gibraltar (Jabal Tariq, the Mountain of Tariq), which has been disputed by so many conquerors down the ages, and over which the British flag has fluttered since the early years of the eighteenth century. -
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. -
The Sources of Islamic Revolutionary Conduct
Joint Military Intelligence College LAMBERT Y Y The Sources of Islamic Revolutionary Conduct TEL IN LIG Y E R N A C T E I L C I O M L L T E N G I E O J 1962 Major Stephen P. Lambert U.S. Air Force TEL IN LIG Y E R N A C ISBN 1-932946-02-0 T E PCN 56747 I L C I O M L L T E N G I E O J 1962 The Joint Military Intelligence College supports and encourages research on intelligence issues that distills lessons and improves Intelligence Community capabilities for policy-level and operational consumers Y: The Sources of Islamic Revolutionary Conduct, Major Stephen P. Lambert, U.S. Air Force This product has been reviewed by senior experts from academia and government, and has been approved for unrestricted distribution by the Directorate for Freedom of Information and Security Review, Washington Headquarters Services. It is available to the public through the National Technical Information Service (www.ntis.gov). The author has also arranged for publication of this study through the Hoover Institution at Stanford University. The projected publication date is 2005. The Hoover Institution book includes commentar- ies on Major Lambert’s work by an even greater variety of scholars than included in the present book. [email protected], Editor and Director Center for Strategic Intelligence Research Library of Congress Control Number 2004114330 ISBN 1-932946-02-0 Y The Sources of Islamic Revolutionary Conduct Major Stephen P. Lambert, U.S. Air Force Research Fellow In g ic t e e g ll t ii a g e r n tt c SS c ee rr R R o o e e f f s s e e r r a a e e t r t r n c n Joint Military c e h e h C Intelligence College C WASHINGTON, DC April 2005 With the cooperation and support of the Institute for National Security Studies (INSS) USAF Academy, Colorado Springs The views expressed in this book are those of the author and do not reflect the official policy or position of the Department of Defense or the U.S. -
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. -
Remarks by Maribel Fierro, Recipient of the 2019 MEM Lifetime
MEM Awards Remarks by the Recipient of the 2019 MEM Lifetime Achievement Award Given at the Annual Meeting of Middle East Medievalists (New Orleans, 14 November 2019) Maribel Fierro Consejo Superior de Investigaciones Científicas (CSIC) ([email protected]) am very honored and extremely interest for you, just as the American grateful to be the 2019 recipient of academic system is of interest to me. In the Middle East Medievalists Lifetime what follows, I will mention some of the IAchievement Award. previous recipients of this award with This is an award that comes with age whom I had direct contact at some point and offers me the opportunity to look back or whose work is related to mine. in time and reflect on my trajectory. As I began my studies at the Universidad with some of the prior recipients, my path Complutense of Madrid in 1973, a year started outside the American academic that cannot be forgotten by many of system, but unlike them, it has continued my generation because of the coup in the same manner, except for brief d’état against Salvador Allende in Chile. periods when I had the pleasure of being I mention this because when I was in hosted by the Institute for Advanced Study college, politics interested me more than at Princeton and by the universities of study did. In Spain we were living the Stanford, Chicago, and Harvard. Academic last years of the dictatorship of Francisco worlds are all similar in many ways, but Franco, and events like those in Chile were also different, and these differences may easily translated into our own concerns, in strike an outsider as odd. -
Islamic Constitutionalism in Iraq
"We the Jurists": Islamic Constitutionalism in Iraq The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Intisar A. Rabb, "We the Jurists": Islamic Constitutionalism in Iraq, 10 U. Pa. J. Const. L. 527 (2014). Published Version http://scholarship.law.upenn.edu/jcl/vol10/iss3/4/ Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:12967855 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP "WE THEJURISTS": ISLAMIC CONSTITUTIONALISM IN IRAQ IntisarA. Rabb* INTRODUCTION The Iraqi Constitution's designation of Islamic law as "a source of law" placed the issue of Islamic-law's role in new democracies at the forefront of the debates on "Islamic constitutionalism."' Although the meaning of this latter phrase is itself open to debate, at a mini- Intisar A. Rabb received a J.D. from Yale Law School, an M.A. in Near Eastern Studies from Princeton University, and a B.S. in Arabic and Government from Georgetown Uni- versity. She is a 2007-2008 Prize Fellow at Princeton University's Center for Human Val- ues and a doctoral candidate in the University's Department of Near Eastern Studies, where she is completing a dissertation on legal interpretation in American and Islamic law. All translations from Arabic, Persian, and French are her own, unless otherwise noted. Sincere thanks are due to James Q. -
Differences in Fiqh Made Easy Part I and II
Differences in Fiqh Made Easy At-Tahaarah (Purification) & As-Salaah (Prayer) Prepared by: Mohamed Baianonie (Imam at the Islamic Center of Raleigh, NC, USA) 2 List of Contents List of Contents…….……………………………………………………………………………. 2 Introduction………….……………………………………………………………………………. 9 At-Tahaarah (Purification)………….…………………………….…………………… 11 What are Physically Impure Things?...........……………………………………………………. 11 First: Confirmed Impurities (agreed upon by all scholars)……….………………………........ 13 Second: Controversial Impurities with the Stronger Opinion being Impure…………………. 14 Third: Controversial Impurities with the Stronger Opinion being Pure……………................ 14 How to Purify Things………………………………………………………………………………. 17 21 Sunan Al- Fitrah………………………...……………………………………………………… Going to the Bathroom…………………………………………………………………............. 24 Al-Wudhu’ (Ablution) ……………………..………………………………… 27 Obligatory Acts……………………………..………………………………..…………………….. 28 Agreed upon by the Muslim jurists………………………………………………………………. 28 Disagreed upon by Muslim jurists………………………………………………………............. 29 Ablution: Recommended (Sunan) Acts………………………………………........................... 31 Nullification of Ablution……………………………………………………………………………. 33 Agreed upon by Muslim jurists…………………………………………………......................... 33 Disagreed upon by Muslim jurists………………………………………………………………... 35 Actions which require ablution………………………………………………….......................... 38 Agreed upon by Muslim jurists……………………………………………..……………............. 38 Disagreed upon by Muslim jurists………………………………………………………............ -
Bibliography of Secondary Sources
Bibliography of Secondary Sources ʿAbbās, I., Tārīkh al-naqd al-adabī ʿinda l-ʿarab, min al-qarn al-thānī ḥattā l-qarn al- thāmin al-hijrī, Beirut 1971, 41983 ʿAbbās, I., Tārīkh al-adab al-andalusī: ʿaṣr siyādat Qurṭuba, Beirut 21981 ʿAbbās, I., Abū Ḥayyān al-Tawḥīdī, Beirut 1956 ʿAbbās, R.ʿA., Al-Qiyam al-jamāliyya, Alexandria 1987 ʿAbbās, Z.M., Nisāʾ khaṭṭātāt, in Al-Mawrid 15:4 (1986), 139-47 ʿAbd al-Ḥaqq, M., Al-Kitāba wa-l-tajriba al-ṣūfiyya (Namūdhaj Muḥyī l-Dīn Ibn ʿArabī), Rabat 1988 Abū Ḥāmid al-Ghazālī. Dirāsāt fī fikrihi wa-ʿaṣrihi wa-taʾthīrihi, Rabat 1988 Abu Laylah: see Ibn Ḥazm Abū Rayyān, M.ʿA., Uṣūl al-falsafa al-ishrāqiyya ʿinda Shihāb al-Dīn al-Suhrawardī, Alexandria 1987 Abū Rayyān, M.ʿA., Falsafat al-jamāl wa-nashʾat al-funūn al-jamīla, Alexandria 1989 Abū Zayd, N.Ḥ., Falsafat al-taʾwīl. Dirāsa fī taʾwīl al-Qurʾān ʿinda Muḥyiʾ l-Dīn b. ʿArabī, Beirut 1983 Addas, C., Ibn ʿArabī ou La quête du soufre rouge, Paris 1989 Adonis (pseud. of ʿA.A. Saʿīd), Muqaddima li-l-shiʿr al-ʿarabī, Beirut 1971, 41983 Adonis, Al-Thābit wa-l-mutaḥawwil. Baḥth fī l-ittibāʿ wa-ibdāʿ ʿinda l-ʿarab, 3 vols., 1973 [doctoral thesis], 41983 Adonis, Al-Shiʿriyya al-ʿarabiyya, Beirut 1989, 21989 Adonis, Al-Ṣūfiyya wa-l-sūriyāliyya, London 1992 Adonis, Al-Taraf: nashīdan li-l-mādda, in Al-Ākhar, 4 (2012), 126-53 Afnan, S.F., Avicenna, his life and works, London 1958 Afnan, El pensamiento de Avicena [Avicenna, his life and works], trans. V.