Interpreting the Qur'an: Towards a Contemporary Approach
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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 -
Marshall Communicatingthewo
COMMUNICATING THE WORD Previously Published Records of Building Bridges Seminars The Road Ahead: A Christian-Muslim Dialogue, Michael Ipgrave, Editor (Church House Publishing) Scriptures in Dialogue: Christians and Muslims Studying the Bible and the Qur’a¯n Together, Michael Ipgrave, Editor (Church House Publishing) Bearing the Word: Prophecy in Biblical and Qur’a¯nic Perspective, Michael Ipgrave, Editor (Church House Publishing) Building a Better Bridge: Muslims, Christians, and the Common Good, Michael Ipgrave, Editor (Georgetown University Press) Justice and Rights: Christian and Muslim Perspectives, Michael Ipgrave, Editor (Georgetown University Press) Humanity: Texts and Contexts: Christian and Muslim Perspectives, Michael Ipgrave and David Marshall, Editors (Georgetown University Press) For more information about the Building Bridges seminars, please visit http://berkleycenter.georgetown.edu/networks/building_bridges Communicating the Word Revelation, Translation, and Interpretation in Christianity and Islam A record of the seventh Building Bridges seminar Convened by the Archbishop of Canterbury Rome, May 2008 DAVID MARSHALL, EDITOR georgetown university press Washington, DC ᭧ 2011 Georgetown University Press. All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Communicating the word : revelation, translation, and interpretation in Christianity and Islam : a record of the seventh Building Bridges seminar convened by the Archbishop of Canterbury, Rome, May 2008 / David Marshall, editor. p. cm. Includes bibliographical references and index. ISBN 978-1-58901-784-9 (pbk. : alk. paper) 1. -
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. -
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. -
Defining Shariʿa the Politics of Islamic Judicial Review by Shoaib
Defining Shariʿa The Politics of Islamic Judicial Review By Shoaib A. Ghias A dissertation submitted in partial satisfaction of the Requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Malcolm M. Feeley, Chair Professor Martin M. Shapiro Professor Asad Q. Ahmed Summer 2015 Defining Shariʿa The Politics of Islamic Judicial Review © 2015 By Shoaib A. Ghias Abstract Defining Shariʿa: The Politics of Islamic Judicial Review by Shoaib A. Ghias Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Malcolm M. Feeley, Chair Since the Islamic resurgence of the 1970s, many Muslim postcolonial countries have established and empowered constitutional courts to declare laws conflicting with shariʿa as unconstitutional. The central question explored in this dissertation is whether and to what extent constitutional doctrine developed in shariʿa review is contingent on the ruling regime or represents lasting trends in interpretations of shariʿa. Using the case of Pakistan, this dissertation contends that the long-term discursive trends in shariʿa are determined in the religio-political space and only reflected in state law through the interaction of shariʿa politics, regime politics, and judicial politics. The research is based on materials gathered during fieldwork in Pakistan and datasets of Federal Shariat Court and Supreme Court cases and judges. In particular, the dissertation offers a political-institutional framework to study shariʿa review in a British postcolonial court system through exploring the role of professional and scholar judges, the discretion of the chief justice, the system of judicial appointments and tenure, and the political structure of appeal that combine to make courts agents of the political regime. -
77 a Comparative Study of the Scriptural Rajm And
Ilorin Journal of Religious Studies, (IJOURELS) Vol.5 No.2, 2015, pp.77-96 A COMPARATIVE STUDY OF THE SCRIPTURAL RAJM MÁGÙN IN NIGERIA Rafiu Ibrahim Adebayo Department of Religions, University of Ilorin, Ilorin, Nigeria. [email protected]; [email protected] +2347035467292 Abstract Mágùn and rajm Mágùn is a mean area of Nigeria. It is a means of terminating the life of a man suspected to be having ‟ W mágùn is a means of killing he who engages in rajm (stoning to death) has religious connotation particularly in the Old and New Testaments of the Bible as well as in the Tradition of Prophet Muhammad. The fact that the two modes of punishment involve termination of life underscores how serious adultery is. Attempt is therefore made in this paper to consider the two concepts and analyse the differences therein. Historical, descriptive and comparative research methods were adopted for this study. Oral interviews were conducted to elicit response from some traditionalists on issues related to mágùn; while ‟ rajm and mágùn. It was observed that there are elements of injustice in the mode of carrying out the two modes of punishment, while no consensus is reached by scholars on the application of rajm. It was then concluded that serious precaution needs to be taken in such a matter that involves lives of culprits while avenues for committing adultery are blocked as much as possible by those who wish to implement the two modes of punishment rather than carrying out the punishment. Keywords: Mágùn, rajm, adultery, scripture, Sharīcah, or Introduction Adultery (zinā or àgbèrè ) is considered one of the worst and disgraceful sins that shake the traditional and natural family set-up to its root.1 Apart from the physical, emotional, social and psychological consequences this sexual deviance and obnoxious practice constitutes to the society, some sexually transmitted diseases such as gonorrhoea, syphilis and Acquired Immuno Deficiency Syndrome (AIDS) are also attached to it. -
Download SUR 15 In
ISSN 1806-6445 15 international journal on human rights Ziba Mir-Hosseini Criminalising Sexuality: Zina Laws as Violence Against Women in Muslim Contexts v. 8 • n. 15 • dec. 2011 Leandro Martins Zanitelli Biannual Corporations and Human Rights: The Debate Between Voluntarists and Obligationists and the Undermining Effect of Sanctions English Edition Interview with Denise Dora Former Ford Foundation´s Human Rights Officer in Brazil (2000-2011) IMPLEMENTATION AT THE NATIONAL LEVEL OF THE DECISIONS OF THE REGIONAL AND INTERNATIONAL HUMAN RIGHTS SYSTEMS Maria Issaeva, Irina Sergeeva and Maria Suchkova Enforcement of the Judgments of the European Court of Human Rights in Russia: Recent Developments and Current Challenges Cássia Maria Rosato and Ludmila Cerqueira Correia The Damião Ximenes Lopes Case: Changes and Challenges Following the First Ruling Against Brazil in the Inter-American Court of Human Rights Damián A. González-Salzberg The Implementation of Decisions from the Inter-American Court of Human Rights in Argentina: An Analysis of the Jurisprudential Swings of the Supreme Court Marcia Nina Bernardes Inter-American Human Rights System as a Transnational Public Sphere: Legal and Political Aspects of the Implementation of International Decisions Special Issue: Conectas Human Rights - 10 Years The Making of an International Organization from/in the South EDITORIAL BOARD ADVISORY BOARD Christof Heyns University of Pretoria (South Africa) Alejandro M. Garro Columbia University (United States) Emilio García Méndez University of Buenos Aires Bernardo Sorj Federal University of Rio de Janeiro / Edelstein (Argentina) Center (Brazil) Fifi Benaboud North-South Centre of the Council of Bertrand Badie Sciences-Po (France) Europe (Portugal) Cosmas Gitta UNDP (United States) Fiona Macaulay Bradford University (United Kingdom) Daniel Mato CONICET / National University of Tres de Febrero Flavia Piovesan Pontifi cal Catholic University of (Argentina) São Paulo (Brazil) Daniela Ikawa International Network on Economic, Social and J. -
Adverse Possession, 63, 152 Ahmadis, 112–119, 130, 154–155, 194–195 Apostasy, 137 Appeals Capital Punishment, 103 Right O
INDEX Adverse possession, 63, 152 judicial split, 24 Ahmadis, 112119, 130, 154155, martial law, 16, 17, 24 194195 necessity doctrine, 28 Apostasy, 137 non-justiciable provisions, 8 Appeals presidential powers, 76 capital punishment, 103 revolution, 15 right of appeal, 125, 128, 151 sacred trust, 27 shariat courts, 125, 137, 151, 156, see also Supra-constitutional 165 provision Awami League, 14 Baxi, Upendra, 16 Ayub Khan, Muhammad Bhutto, Benazir constitutional reform, 7 corruption allegations, 85, 100 martial law, 53 dismissal, 75, 7778, 81, 85, 105 personal laws, 155 election, 65, 75, 104 replacement, 14 judiciary, 85, 104, 105 Bhutto, Zulfikar Ali Bail, 55, 109 contracts, 2829 Bangladesh, 14, 82 death sentence, 133, 134 Bank loans deposed, 21 interest payments (riba), 52, 6061, detention, 24 71 election, 20, 21 mark-up, 71 Islamisation, 33 sacred trust, 102 land reform, 132, 147, 170172 Basic structure doctrine leadership, 14 affirmation, 23, 3233 martial law, 16, 2024 constitutional amendment, 22, 23, opportunism, 24 8284, 8687 repressive laws, 16, 20, 22, 32, 112 emergence, 8185 Blasphemy, 193195 Grundnormen, 19, 21 Bohras, 154 Hudood Ordinances, 91 Breach of contract, 42 human rights, 87 India, 19, 82 Capital punishment judicial powers, 18 apostasy, 137 appeals, 103 235 The Role of Islam in the Legal System of Pakistan commutation/waiver, 66, 68, 132 armed forces, 20, 22 135 Art.2-A/Objectives Resolution, 47 Islamic law, 66, 68 73 jurisdiction, 103 directive principles of policy, 78 martial law, 6566 eighth amendment, 49, 59, 67, -
Islamic Legal Theory and the Practical Hermeneutics of Abū Jaʿfar Aḥmad Al-Ṭaḥāwī (D
University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2016 From Text to Law: Islamic Legal Theory and the Practical Hermeneutics of Abū Jaʿfar Aḥmad Al-Ṭaḥāwī (d. 321/933) Carolyn Anne Brunelle University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the Islamic Studies Commons, Islamic World and Near East History Commons, and the Law Commons Recommended Citation Brunelle, Carolyn Anne, "From Text to Law: Islamic Legal Theory and the Practical Hermeneutics of Abū Jaʿfar Aḥmad Al-Ṭaḥāwī (d. 321/933)" (2016). Publicly Accessible Penn Dissertations. 1626. https://repository.upenn.edu/edissertations/1626 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/1626 For more information, please contact [email protected]. From Text to Law: Islamic Legal Theory and the Practical Hermeneutics of Abū Jaʿfar Aḥmad Al-Ṭaḥāwī (d. 321/933) Abstract Scholars of Islamic law point to the absence of any extant work of legal theory between the Risāla of al- Shāfiʿī and the Fuṣūl of al-Jaṣṣāṣ as a major barrier to reconstructing the history of Islamic legal thought. However, careful analysis of three major works of the Ḥanafī jurist al-Ṭaḥāwī, Aḥkām al-Qurʾān, Sharḥ maʿānī al-āthār and Sharḥ mushkil al-āthār, reveals the existence of myriad brief passages elaborating questions of legal theory scattered throughout their many volumes. This study reconstructs the legal thought of al-Ṭaḥāwī as a window onto legal theory in the late 3rd/9th and early 4th/10th centuries, a crucial period of transformation between late formative and post-formative Islamic law. -
Warfare in the Quran
WARFARE in the QuraN Dr Joel Hayward English Monograph Series — Book No. 14 �﷽ And if they incline to peace, incline thou also to it, and trust in Allah. Qur’an Al-Anfal, 8:61 OTHER BooKS IN THE SERIES 1. The Amman Message 2008 2. A Common Word Between Us and You 2009 3. Forty Hadith on Divine Mercy 2009 4. Jihad and the Islamic Law of War 2009 5. Body Count 2009 6. The Holy Qur’an and the Environment 2010 7. Address to H. H. Pope Benedict XVI 2010 8. Keys to Jerusalem 2010 9. Islam, Christianity and the Environment 2011 10. The First UN World Interfaith Harmony Week 2011 11. Islam and Peace 2012 12. Reason and Rationality in the Qur’an 2012 13. The Concept of Faith in Islam 2012 14. Warfare in the Qur’an 2012 Dr Joel Hayward № 14 English Monograph Series · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · MABDA · Engilsh Monograph Series · No. 14 Warfare in the Qur’an ISBN: 978-9957-428-50-1 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · © 2012 The Roal Aal Al-Bayt Institute for Islamic Thought 20 Sa'ed Bino Road, Dabuq PO BOX 950361 Amman 11195, JORDAN www.rissc.jo/ All rights reserved. No part of this book may be reproduced or utilised in any form or by any means, electronic or mechanic, inclding photocopying or recording or by any information storage and retrieval system, without the prior written permission of the publisher. Views expressed in the Essay Series do not necessarily reflect those of RABIIT or its advisory board. Typeset by Besim Brucaj Set in Arno Pro Printed by Jordanian Press LEGAL DEPOSIT NUMBER The Hashemite Kingdom of Jordan National Library 2012/1/127 Contents WARFARE IN THE QUR’AN | 1 The Importance of the Qur’an | 3 Understanding Abrogation | 14 Explaining the Verse of the Sword | 20 The Origins of Self-defensive Concepts of War | 28 Proportionate Response, Last Resort and Discrimination | 36 Jihad | 42 Conclusion | 52 Warfare in the Qur’an frequently quoted saying, with slight varia- tions, insists that, while not all Muslims are terrorists, all terrorists are Muslims. -
Glossary of Islam - Wikipedia Glossary of Islam from Wikipedia, the Free Encyclopedia
8/9/2017 Glossary of Islam - Wikipedia Glossary of Islam From Wikipedia, the free encyclopedia The following list consists of notable concepts that are derived from both Islamic and Arab tradition, which are expressed as words in the Arabic language. The main purpose of this list is to disambiguate multiple spellings, to make note of spellings no longer in use for these concepts, to define the concept in one or two lines, to make it easy for one to find and pin down specific concepts, and to provide a guide to unique concepts of Islam all in one place. Separating concepts in Islam from concepts specific to Arab culture, or from the language itself, can be difficult. Many Arabic concepts have an Arabic secular meaning as well as an Islamic meaning. One example is the concept of dawah. Arabic, like all languages, contains words whose meanings differ across various contexts. The word Islam is itself a good example. Arabic is written in its own alphabet, with letters, symbols, and orthographic conventions that do not have exact equivalents in the Latin alphabet (see Arabic alphabet). The following list contains transliterations of Arabic terms and phrases; variations exist, e.g. din instead of deen and aqidah instead of aqeedah. Most items in the list also contain their actual Arabic spelling. Contents : Top · 0–9 · A · B · C · D · E · F · G · H · I · J · K · L · M · N · O · P · Q · R · S · T · U · V · W · X · Y · Z A (for female) (أﻣﺔ) for male) ʾAmah) (ﻋﺒﺪ) ʿAbd servant, worshipper, slave. -
Penal Code 1982
SLAMIC REPUBLIC'S PENAL CODE (1982) Author: Translated by DR. SAYYID ALI RAZA NAQVI Publisher: Iran Pakistan Institute of Persian studies Published: November 30, 1985 Type: Laws and decrees Penal laws form part of the governing rules and regulations in every social and legal system. Islam, which is a perfect code of life and whose objective is perpetual happiness of all mankind, has not neglected defense of the individual and the society against crime. It recognizes that crime is the worst impediment to moving towards absolute perfection and ascension towards God. The goal of Islam is the evolution of the perfect man and the establishment of the righteous state. Contrary to schools of thought that consider human beings corrupt by nature and by instinct, in Islam man by nature is a being seeking righteousness, capable of both correction and reform. Therefore, Islam sanctions preventive measures to dry up the economic, social, and cultural roots of crime thereby restoring the criminal to his previous innocent nature through proper training. Islam reserves punishment exclusively for exceptional cases, because punishment has mostly a negative and superficial role in the reformation of the criminal. This is why Islam generally concerns itself with the correction of the criminal rather than the necessity for exploring the crime by means of confession or investigation, collecting evidence and proof of the attribution of the crime to the offender. Immediately after the commission of every offense, and after guilt is established, the prosecution of the offender is arranged. If the judgment contains severe punishment without taking into account the individual's material and moral circumstances, and the sentence is executed easily with no hesitation, then the sentence may be suspended.