M.A Islamic Studies
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Basis of a New Social Order
BASIS Of ANEW SOCIAl ORDER By S. Abul Hasan Ali Nadwi ACADEMY OF ISLAMIC RESEARCH & PUBLICATIONS LUCKNOW (INDIA) All Rights Rtserved ill favour of: Academy of Islamic Research and Publica.tions Tagore Mp.rg, Nadwatul Ulama, P. 0. Box No. ll9, Lucknow-22'6 Om' (India} S'fRlES NO. SS Printed at : NADWA PRESS Lucknow. (AP-NS: 60) BASIS OF A NEW SOCIAL ORDER Zakat which Islam has. enjoined upon Muslims marks Lhe lowest limit of the expression of human sympathy, kind lines and compassion. ft is a duty the disregard or violation of whicl1 is not in any circumstances tolerable to God. The Sliariat is emphatic in its insistence upon its observance. ft has prescribed it as an essential requirement of Faith for MusLims. But it they repent and establish worship and pay the poor-due, then they are your brethern. (-ix : 11 ) A person who abjures Zakat or declines wilfully to pay it will be deemed to .have forfeited the claim to be a Muslim. There will be no place for him in the fold of Tslam. Such were the men against whom Hazrat Abu Bakr had taken up arms and his action was supported universally by the Companions. Other Obligations On Wealth The holy prophet had, by 11is teachings and personal example, made it clear to his friends and Companions thac Zakat was not the be-all-and-end-all of monetary good- ( 2 doing. ft was not the highest form or uJcimatc stage of charity and generosity. Tn 1he words of tl1c holy Prophet. " Beyond question, there arc other obligations on wcalch aside of Zakat.'' It is related by Fatima Bint-i-Qais that once the Prophet was asked (or she herself:1sked him) about Zakar. -
Problematizing the Religious Basis of Maududi's Political Theory
Series IV, Volume 3, No. 2, October 2013 Problematizing the Religious Basis of Maududi’s Political Theory Shahbaz Ahmad Cheema University of the Punjab, Lahore, Pakistan. Introduction This paper problematizes the divinity of establishing an Islamic state by analysing the religious basis of Maulana Abul Ala Maududi’s (hereafter referred to as Maududi) political theory. His political theory revolves around the idea that religion and politics are an inseparable entity and the fulfilment of religious dictates is impossible unless and until we organize a political system as per criteria set by the religion. This idea of Maududi has led many to believe that it is our religious duty to struggle for an Islamic state like many other religious obligations, e.g. offering prayers and keeping fasts. Though neither Maududi himselfnor his political party has been involved systematically in political violence for political ends,it is difficult to argue that his ideology has not undermined the establishment of a sound political system by entangling its developmentwith religion. The selection of Maududi’s political theory for analysis in this paper is informed by the fact that his ideology still has a widespread following in the world. According to Nasr, Maududi is “the most influential of contemporary revivalist thinkers”1. This opinion is echoed by Jackson.2 To materialize his idea of establishing an Islamic 1 Seyyed Vali Reza Nasr, Mawdudi and the Making of Islamic Revolution (Oxford: Oxford University Press, 1996), 3. 2 Roy Jackson, Mawlana Mawdudi and Political Islam: Authority and the Islamic State (New York: Routledge, 2011). 52 Studies on Asia state, he organized a political party named the Jamaat-i-Islami (hereafter referred to as JI) which is one of the most organized religio-political parties of Pakistan.3 It was organized by him in 1941 before partition of the Indian Subcontinent.4 Maududi anchored and supervised the JI for more than three decades till his death in 1979. -
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. -
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. -
RADICALIZING INDONESIAN MODERATE ISLAM from WITHIN the NU-FPI Relationship in Bangkalan, Madura
RADICALIZING INDONESIAN MODERATE ISLAM FROM WITHIN The NU-FPI Relationship in Bangkalan, Madura Ahmad Zainul Hamdi IAIN Sunan Ampel, Surabaya - Indonesia Abstract: This article tries to present the most current phenomenon of how moderate Islam can live side by side with radical Islam. By focusing its analysis on the dynamics of political life in Bangkalan, Madura, the paper argues that the encounter between these two different ideological streams is possible under particular circumstances. First, there is a specific political situation where the moderate Islam is able to control the political posts. Second, there is a forum where they can articulate Islamic ideas in terms of classical and modern political movements. This study has also found out that the binary perspective applied in the analysis of Islamic movement is not always relevant. The fact, as in the case of Bangkalan, is far more complex, in which NU and Islamic Defender Front (FPI) can merge. This is so Eecause at the Eeginning, F3,’s management in the city is led by kyais or/and prominent local NU leaders. Keywords: Radicalization, de-radicalization, moderate Islam, radical Islam. Introduction A discussion on the topic of contemporary Islamic movements is filled with various reviews about radical Islam. As news, academic work also has its own actual considerations. The September 11th incident seems to be a “productive” momentum to tap a new academic debate which was previously conducted only by a few people who were really making Islam and its socio-political life as an academic project. Islamism, in its violence and atrocity, then became a popular theme that filled almost all the scientific discussion that took ideology and contemporary Islamic movements as a main topic. -
The Political Failure of Islamic Law
The Political Failure of Islamic Law Bernard Haykel Yale Law School a Occasional Papers The Political Failure of Islamic Law Bernard Haykel The Dallah Albaraka Lectures on Islamic Law and Civilization September 24, 2013 Yale Law School a Occasional Papers New Haven 2014 Bernard Haykel is Professor of Near Eastern Studies and Direc- he title chosen for this lecture is deliberately provocative tor of the Institute for Transregional Study of the Contempo- T and somewhat misleading. It is not meant to suggest rary Middle East, North Africa and Central Asia at Princeton that Islam, or Islamic law, has failed in some general or nor- University. The views expressed in this lecture are solely those of mative sense. Rather, the lecture will argue that the e≠ort Professor Haykel. © 2014 Bernard Haykel by modern Sunni Muslim Reformers, and their Islamist fol- lowers, to generate Islamic legal rulings has failed to achieve the political vision of a powerful and confident Islamic order. The Reformers’ political program has failed both because their interpretation of the law has proven inadequate to deliver on its promises and because the instrument through which they chose to impose this interpretation—the institu- tion of the modern state—has proven inappropriate for the purpose. I hope to show here that this failure is due to the fact that the program of the modern Sunni Reformers rep- resents a double rupture with the past: first, the Reformers deliberately chose to sweep away the teachings of the estab- lished schools of law; second, they opted for the state rather than society as the means by which to impose their program. -
Child Custody in Classical Islamic Law and Laws of Contemporary Muslim World (An Analysis)
International Journal of Humanities and Social Science Vol. 4 No. 5; March 2014 Child Custody in Classical Islamic Law and Laws of Contemporary Muslim World (An Analysis) Aayesha Rafiq Assistant Professor Fatima Jinnah Women University Pakistan; Formerly Research Scholar at University of California Los Angeles. Abstract This article attempts to deliberate on the child custody laws in classical Islamic texts and the contemporary Muslim World with special focus on development of child custody laws in Pakistan. For classical Islamic law, the article refers to the laws as stated in the compendiums of fiqh of sunni and shi’ i schools of thought as well as decisions of Prophet Mohammad (PBUH) his companions and leading Muslim jurists. For the purpose of this study, contemporary Muslim world is divided into Muslim majority regions of Central Asia and Caucasus, South Asia, Southeast Asia, North Africa, South Africa, West Africa, Horn of Africa and Middle East. A thorough analysis of customary practices, personal status laws and trends of courts in these Muslim majority regions is carried out. Effort is made to bring out similarities, differences and developments in child custody laws in contemporary Muslim world. The article is delimited to the discussion on child custody in cases of divorce, judicial separation or dissolution of marriage only. In the end it is suggested that uniform laws can be formulated for the entire Muslim world, in the light of Islamic principles and contemporary practices of the Muslim world. Keywords: child custody, Islamic law, fiqh, shariah, contemporary laws, divorce. 1. Introduction Cases of child custody fall under muamlat in compendiums of Islamic Fiqh. -
Al-Ghazali's Integral Epistemology: a Critical Analysis of the Jewels of the Quran
American University in Cairo AUC Knowledge Fountain Theses and Dissertations 6-1-2017 Al-Ghazali's integral epistemology: A critical analysis of the jewels of the Quran Amani Mohamed Elshimi Follow this and additional works at: https://fount.aucegypt.edu/etds Recommended Citation APA Citation Elshimi, A. (2017).Al-Ghazali's integral epistemology: A critical analysis of the jewels of the Quran [Master’s thesis, the American University in Cairo]. AUC Knowledge Fountain. https://fount.aucegypt.edu/etds/618 MLA Citation Elshimi, Amani Mohamed. Al-Ghazali's integral epistemology: A critical analysis of the jewels of the Quran. 2017. American University in Cairo, Master's thesis. AUC Knowledge Fountain. https://fount.aucegypt.edu/etds/618 This Thesis is brought to you for free and open access by AUC Knowledge Fountain. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of AUC Knowledge Fountain. For more information, please contact [email protected]. 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. -
The Concept of Taqlid, of Ittiba, in Islamic
COPYRIGHT AND CITATION CONSIDERATIONS FOR THIS THESIS/ DISSERTATION o Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. o NonCommercial — You may not use the material for commercial purposes. o ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. How to cite this thesis Surname, Initial(s). (2012) Title of the thesis or dissertation. PhD. (Chemistry)/ M.Sc. (Physics)/ M.A. (Philosophy)/M.Com. (Finance) etc. [Unpublished]: University of Johannesburg. Retrieved from: https://ujdigispace.uj.ac.za (Accessed: Date). L_S\(J \2.n'lp - - THE CONCEPT OF TAQLID, c OR ITTIBA , IN ISLAMIC LAW Prepared by ZUBAIR ISMAIL BAYAT DISSERTATION submitted in partial fulfilment ofthe requirements for the degree MASTER OF ARTS in ISLAMIC STUDIES in the FACULTY OF ARTS at the RAND AFRIKAANS UNIVERSITY MAY 1995 Supervisors: PROFESSOR A.R.I.DOI PROFESSOR J.A.NAUDE THE CONCEPT OF TAQLiD, OR ITTIBA: , IN ISLAMIC LAW TABLE OF CONTENTS Abstract Notes on transliteration Abbreviations CHAPTER ONE: INTRODUCTION AND ORIENTATION 1 1. Statement and orientation of the problem ................. .. 1 2. Aims 3 3. Methodology 3 4. Texts 4 5. Chapterisation .................................... .. 4 CHAPTER TWO: THE DEFINITION OF TAQL1D AND ITTIBA~ IN AL- SHAR!..AH (ISLAMIC LAW). ............................ .. 6 1. The concept of ta:ah (obedience) and ittiba: (proper following) in the Islamic Faith ................................ .. 6 2. Ita:ah and Ittiba, in respect of the Holy Messengers of Allah .... -
Islamic Economic Thinking in the 12Th AH/18Th CE Century with Special Reference to Shah Wali-Allah Al-Dihlawi
Munich Personal RePEc Archive Islamic economic thinking in the 12th AH/18th CE century with special reference to Shah Wali-Allah al-Dihlawi Islahi, Abdul Azim Islamic Economics Institute, King Abdulaziz University, Jeddah, KSA 2009 Online at https://mpra.ub.uni-muenchen.de/75432/ MPRA Paper No. 75432, posted 06 Dec 2016 02:58 UTC Abdul Azim Islahi Islamic Economics Research Center King Abdulaziz University Scientific Publising Center King Abdulaziz University http://spc.kau.edu.sa FOREWORD The Islamic Economics Research Center has great pleasure in presenting th Islamic Economic Thinking in the 12th AH (corresponding 18 CE) Century with Special Reference to Shah Wali-Allah al-Dihlawi). The author, Professor Abdul Azim Islahi, is a well-known specialist in the history of Islamic economic thought. In this respect, we have already published his following works: Contributions of Muslim Scholars to th Economic Thought and Analysis up to the 15 Century; Muslim th Economic Thinking and Institutions in the 16 Century, and A Study on th Muslim Economic Thinking in the 17 Century. The present work and the previous series have filled, to an extent, the gap currently existing in the study of the history of Islamic economic thought. In this study, Dr. Islahi has explored the economic ideas of Shehu Uthman dan Fodio of West Africa, a region generally neglected by researchers. He has also investigated the economic ideas of Shaykh Muhammad b. Abd al-Wahhab, who is commonly known as a religious renovator. Perhaps it would be a revelation for many to know that his economic ideas too had a role in his reformative endeavours. -
Post-Colonial Discourse on Siyasah in Islamic
Article Kardan Journal of Law Post-Colonial Discourse on 1 (1) 112–130 Siyasah in Islamic Criminal Law ©2019 Kardan University Kardan Publications Kabul, Afghanistan https://kardan.edu.af/Research/kar Muhammad Mushtaq Ahmad dan_journal_of_law.aspx Abstract In the post-colonial discourse on Islamic criminal law, more often than not the right of Allah has been deemed synonymous to public right and, thus, the doctrine of siyasah as expounded by the Hanafi School has been generally misunderstood. Resultantly, the whole edifice of criminal justice system as developed by Muslim jurists has been turned upside down. One of the reasons for this development is that in the post-colonial discourse, scholars have generally ignored the proper legal manuals, particularly those of the Hanafi School, and have instead focused on works of general political theory. Another reason is that scholars have found it convenient to mix-up the views of the various schools. This paper critically examines this general trend and, then, elaborates the position of the Hanafi School with the help of the work of Imran Ahsan Khan Nyazee, a renowned jurist, who expounded the Hanafi doctrine of siyasah in detail and explained its peculiar nature. Nyazee’s work shows that the Hanafi doctrine of siyasah, if applied properly, can provide better solution to many complicated issues of criminal justice system in the modern world. Keywords: Islamic Criminal Law, Siyasah, Classification of Rights Dr. Muhammad Mushtaq Ahmad is Associate Professor and Director-General, Shariah Academy, International Islamic University, Islamabad, Pakistan. 112 Ahmad (2019) Introduction “Siyasah is a strict law (shar‘ mughallaz)”, says ‘Ala’ al‐Din Abu ’l‐Hasan ‘Ali b.