DOCSLIB.ORG

Time to End the Silence – the Experience

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Time to End the Silence – the Experience Time to end the silence The experience of Muslims in the prison system Time to end the silence: The experience of Muslims in the prison system Written by Raheel Mohammed & Lauren Nickolls Muslim men make up 15% of the prison population while Muslim communities only make up 5% of the general population. prison population is concerned, the point is how the institution responds — with general suspicion or with a willingness to learn, to educate and be educated, to avoid making a situation worse foreword by ignorant or demeaning assumptions. This report also details the problems arising from a widespread lack of trust in the ‘secular’ pastoral provisions in prisons. Many Muslims — not least women — are not confident that their beliefs People within the penal system do not somehow become two- will be recognised and understood or even that their confidences dimensional rather than three-dimensional when they enter custody. will be respected. Much of this is a matter of perspective, and the But it is a constant struggle to remind the system — let alone the judgements and anxieties may not be fair; but the lack of trust media and the public — of this, and to work to secure a custodial is palpable and has to be dealt with sensitively if people are not environment that is effective simply because it demonstrates what to be driven further into isolation and non-communication. it means to treat people as if they genuinely had an inner life, a set of sustaining relationships, and an identity beyond that of an ‘offender’. The recommendations of this report are modest and practical —but not less urgent for that. It is crucial that prison staff as well Nowhere is this harder, it seems, than in relation to the religious as staff and volunteers from the voluntary sector should have fuller identity of some within the system. This timely (and sometimes training in the religious needs of Muslim men and women; and shocking and dispiriting) report spells out just how hard it is for it is also crucial that there should be positive and regular liaison with Muslims in custody to secure respect for that inner life and identity Muslim communities outside the prison, both to provide perspective and those relations that give them life through their community on what happens to prisoners in the system and to assist with of faith. Ignorance and suspicion still dominate large parts of the reintegration and rehabilitation in the long term. Proper concern system, producing an environment that is neither just nor effective about challenging and avoiding violent or extremist behaviours in changing behaviours and protecting society. should not be an excuse for ignoring basic needs and failing in the statutory duty to honour the religious convictions of prisoners. At the root of much of the ineptness of the system at the moment lies one widespread confusion about Islamic identity. The lazy contrast There are some good stories here as well as alarming and depressing between ‘radical’ and ‘moderate’ Islamic practice sometimes has accounts; we know that better performance is possible, and the effect of making any deeper and more visible involvement in the we can see its positive outcomes. This document should be read practice of the community seem like ‘radicalisation’ — when in fact as an encouragement to what will in the long run be an immeasurably it may simply be a greater seriousness about religious commitment. more constructive atmosphere in the penal system; as an invitation to make sure that Muslim prisoners emerge better able to contribute There is a good deal of highly-coloured anecdote about “radical- to the society they live in, rather than being further alienated and isation” in the context of prisons. No-one wants to deny that disempowered. extremist networks, left and right, “Islamist” or racist, can find a foothold in prisons as in many other contexts. Where the Muslim Rowan Williams, Master of Magdalene College, Cambridge 4 5 Contents 10 18 22 32 44 58 62 72 Introduction Themes Trust Religion Risk Conclusion Recommendations References Every cautionary tale my mama told me harboured a lie. I’d like to believe that in trying, my hopes will not become uniformed murmurs of police boot on brown cheek, I’d like to believe that forgetting to lotion wouldn't cause offence. I'DI'D LIKELIKE I’d like to believe that our solitary prayers sing softness into your hearts, not concrete, or one day my peace will not be used against me or strangled subdued upon me. I’d like to believe it’ll be the loneliness that rehabilitates me. I’d like to believe you’re aware the only radicalism on this day is comfort’s love TOTO for terror can never be radical, not truly. ...can never be Angela’s writing hands cuffed and aching for all of us can never find peace in scared eyes clutching bags of ‘British values’ with knuckles white as noor. I’d like to believe my wrongs will be a Haq I’m forgiven for. BELIEVEBELIEVE I’d like to believe I'll never have to feel the weight of truncheons ready to make baseball of my back in Sujud. I’d like to believe on Friday’s when the mandem kiss each others cheeks and embrace like Aliyah Hasinah’s poem, I’d Like to Believe, runs through our podcast, which we’re back in the arms of our mothers, accompanies this report. As well as hearing the experience of Muslim men who have that you do not fear the tension that rolls off my back, with every salaam. been in prison and the obstacles they face in practising Islam, the poetry adds a creative and emotional perspective that is often missing from traditional, There is no threat in this prayer institutionalised frameworks of analysis. antagony’s clouds have made their bed in policing mind to make homeless the fact I’m nothing to fear. Nothing to fear, in this place of peace. Listen to the podcast at: Aliyah Hasinah soundcloud.com/maslahajustice/id-like-to-believe-stories-of-muslim-men-in-the-criminal-justice-system 8 9 This alarm clock story is unfortunately not an anomaly. Prison Advice and Care Trust (Pact) helplines see an increase in calls from Muslim prisoners during Ramadan, largely related to access to praying, which highlights how prisons are not sufficiently introduction equipped to meet the needs of Muslims during religious festivals, and meet the requirements of the mandatory instructions. It begs the question, how widespread is this practice and why There is a story about an alarm clock which captures perfectly is it not being investigated? We know from analysis carried out by the experience of Muslims in the criminal justice system. It shows the Zahid Mubarek Trust and the Prison Reform Trust2 that only a lack of understanding of religious needs and the negative impact one in a 100 complaints made by black, Asian and minority ethnic this ignorance can have on Muslim prisoners. This story shows the (BAME) prisoners were upheld. The report goes on to state that; effects of power and ignorance and what it means to have your basic human rights denied. “THE THRESHOLD OF PROOF EQUALITY OFFICERS USED TO ASSESS PRISONERS’ CLAIMS OF DISCRIMINATION WAS A former prisoner officer, who now works in the voluntary sector, GENERALLY TOO HIGH. SOME EQUALITY OFFICERS APPEARED in a conversation about racism in prison, described how during TO SEE THEIR ROLE AS DEFENDING THEIR COLLEAGUES FROM Ramadan — the month of fasting in Islam — she would wake up ALLEGATIONS OF BIAS.” Muslim prisoners to fast because in this prison, they did not have access to clocks, and the prisoners relied on her and trusted her The alarm clock story is indicative of a number of factors affecting to do that. This former prison officer, who had not received any Muslims in the criminal justice system. It shows a lack of basic training on the religious needs of prisoners, learnt on the job the religious and cultural understanding among individuals and is also rituals and processes that could matter so much to a Muslim. symptomatic of a much larger problem of a system that does not As she said, “I’m looking after 80 men, someone is cutting his wrists, fully recognise the religious needs of Muslims, which can allow and someone needs his medication, I shouldn’t be learning this discriminatory acts to occur without accountability and challenge. on the job”. She went onto describe how other prison officers didn’t wake up Muslim prisoners during Ramadan because they The reaction to this story is also revealing. Muslims and individuals had decided that the men were unlikely to keep the fasts, unlikely of colour who hear this story respond immediately, physically and to have the will power to practise this religious ritual and so denied emotionally. Maslaha has had to spend time explaining to a large them that right to worship. number of non-Muslims who work in the criminal justice sector why this story reflects a wider problem within the criminal justice Here is the guidance for prisons under the section faith and system and how it’s linked to the racial disparity we know exists. pastoral care. The mandatory instruction in section 6.1 states that: Most of the voluntary sector individuals and organisations that we “Recognised religious festivals, including the associated worship, spoke to were surprised by the specifics of this story. Individuals of must be marked and observed…Supervisory staff must be available colour however had heard of similar incidents before. for the observance of the festival.” 1 10 11 introduction introduction The aim of this project is to understand how the voluntary sector The experience of Muslim women also has to be seen through the works within the prison system to meet the needs of Muslim intersection of gender discrimination, Islamophobia and racism.
Load more

Recommended publications
  • Ijtihad Institutions: the Key to Islamic Democracy Bridging and Balancing Political and Intellectual Islam Adham A
    Richmond Journal of Global Law & Business Volume 9 | Issue 1 Article 4 2010 Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam Adham A. Hashish Alexandria University Follow this and additional works at: http://scholarship.richmond.edu/global Part of the Comparative and Foreign Law Commons, and the Religion Law Commons Recommended Citation Adham A. Hashish, Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, 9 Rich. J. Global L. & Bus. 61 (2010). Available at: http://scholarship.richmond.edu/global/vol9/iss1/4 This Article is brought to you for free and open access by the Law School Journals at UR Scholarship Repository. It has been accepted for inclusion in Richmond Journal of Global Law & Business by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. \\server05\productn\R\RGL\9-1\RGL103.txt unknown Seq: 1 2-FEB-10 14:13 IJTIHAD INSTITUTIONS: THE KEY TO ISLAMIC DEMOCRACY BRIDGING AND BALANCING POLITICAL AND INTELLECTUAL ISLAM Adham A. Hashish* “Be conscious of God, And speak always the truth.”1 Religion is a timeless culture in the Middle East. This article interprets Islam not only as part of the problem of democracy in the Middle East, but rather part of the solution. It proposes a formula of checks and balances that has its origins in Islamic history. In order to introduce this topic, first, I will focus on three stories; second, I will tell some history; and third, I will make my argument. Wikipedia, a free online encyclopedia, is a common source of information.
    [Show full text]
  • 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.
    [Show full text]
  • Islam in Process—Historical and Civilizational Perspectives Yearbook of the Sociology of Islam Volume 7
    Islam in Process—Historical and Civilizational Perspectives Yearbook of the Sociology of Islam Volume 7 2006-12-06 16-23-03 --- Projekt: T491.gli.arnason.yearbook7 / Dokument: FAX ID 00fb133402603594|(S. 1 ) T00_01 Schmutztitel.p 133402603618 Yearbook of the Sociology of Islam Edited by Georg Stauth and Armando Salvatore The Yearbook of the Sociology of Islam investigates the making of Islam into an important component of modern society and cultural globalization. Sociology is, by common consent, the most ambitious advocate of modern society. In other words, it undertakes to develop an understanding of modern existence in terms of breakthroughs from ancient cosmological cultures to ordered and plural civic life based on the gradual subsiding of communal life. Thus, within this undertaking, the sociological project of modernity figures as the cultural machine that dislodges the rationale of social being from local, communal, hierarchic contexts into the logic of individualism and social differentiation. The conventional wisdom of sociology has been challenged by post-modern debate, abolishing this dichotomous evolutionism while embracing a more heterogeneous view of coexistence and exchange between local cultures and modern institutions. Islam, however, is often described as a different cultural machine for the holistic reproduction of pre-modern religion, and Muslims are seen as community-bound social actors embodying a powerful potential for the rejec- tion of and opposition to Western modernity. Sociologists insist on looking for social differentiation and cultural differ- ences. However, their concepts remain evolutionist and inherently tied to the cultural machine of modernity. The Yearbook of the Sociology of Islam takes these antinomies and contradic- tions as a challenge.
    [Show full text]
  • Islamic Social Work: from Community Services to Commitment to the Common Good 11-12 September 2019
    Swiss Centre for Islam and Society Rue de Criblet 13 1700 Fribourg Switzerland Islamic social work: From Community Services to Commitment to the Common Good 11-12 September 2019 The conference “Islamic social work: From Community Services to Commitment to the Common Good” was organised by the Swiss Centre for Islam and Society of the University of Fribourg with the support of the Mercator Foundation Switzerland and the Swiss National Science Foundation. The annual international conference that gathered keynote guests Dr. Mohamed Bajrafil and Prof. Dr. Michel Younès took place on Wednesday 11th of September 2019 at the University of Fribourg in front of a heterogeneous audience. On September 12, different panels dealt with various topics in the field of Islamic social work. 11 September 2019 Prof. Dr. Hansjörg Schmid introduced the event announcing the guest speakers as well as the global context of the conference and the program for the following day. The conference aims to question current shifts in social work, with a possible reintroduction of religion in the field, as well as the development of social activities within Islamic associations. The latter often aim to benefit to the common good and not only the Muslim community. The conference establishes a link with radicalisation to question the ways in which counter-discourses may affect young Muslims. Besides, the role of Islamic social work in preventing radicalisation is to be explored: how may social work contribute to preventing religious extremism? 1st part : Dr Mohamed Bajrafil Born in the Comoros, Dr Mohamed Bajrafil serves as an Imam in France. With a Ph.D.
    [Show full text]
  • Islamic Spirit and Morale in Economics
    [Article] 113 Islamic Spirit and Morale in Economics Mustafa Edwin NASUTION Lecturer Middle East and Islamic Studies University ofIndonesia 4th Salemba, Jakarta 10430 E-mail:[email protected] Abstract This paper analyzes the correlation between ethics and economics in Islamic perspectives. It is mainly related to the assumption that Islamic teachings tend to hinder economic growth. Ethics that in Islam is known as akhlak is a unity that cannot be separated from Islamic teachings. Tauhid, Akhlak and Sharia are a unity that should be conducted by a servant of God (Allah) who has duties to serve Allah SWT. However, Islamic teachings order its believers to make every effort in conducting their lives in this world. Thus, hislher existence will benefit himselflherself, humankind and nature/environment. The importance oflife in this world is also mentioned in "do a sapujagat or universal prayers" that life in this world is as important as the life in the hereafter. Sharia, which is also appraised as an obstacle to economic growth, actually aims to reach a welfare (maslahah) condition through giving a protection to five things as Faith, Life, Posterity, Reason ('Aql) and Property (Mal). Zakat (tithe) for example, although it is dedicated for serving Allah (God), protecting iman (faith), also functions to purify individual wealth, and has a large social impact on society, i.e. help poor people to have a comfortable life. 1. Introduction There are many researches regarding the relationship between ethics and economics that have been conducted. Weber has compared how the influence of religions' teachings such as Hinduism, Buddhism, Catholic and Islam on the economic growth.
    [Show full text]
  • Ghazali and His Theory of Government
    Ghazali and His Theory of Government by Khoiruddin Nasution Khoiruddin Nasution. adalah Alumnus Fak. Syari'ah IAIN Sunan Kalijaga Yogyakarta (89/90) dan diangkat sebagaltenagapengajarpadaalmamaternya. Dansejak tahun 1993iamengikuttProgramMasfertentangIslamic Studies di MC GillUniversityMontreal, Canada. Introduction government, and the last-part comprises In his article, Islamic Concept the conclusion., of State, Nasim .Hasan Shah stkes that there are many foims ofan Islamic state,, Al-Ghazali's Life and Works. and every period Muslim comunity Abu Hamid Muhammad al-GazaT discreate most suitable form to their w^s bom in Tiis,^ a town near modem demands, and the most consonant with the Meshhed in northeast Iran, in 1058/450 spirit of the Shari'a.^ That is probably A.H. Almost since his lifetime, there has why muslim*thinkers both the earlier and been a debate on whether his nisba the present period have expressed ideas (relative name), should be considered to about Authority in Islam as a dogmatic be al-GhazaT or GazzaT. The former approach. This is greatly different from al- would relateto village or womancalled al- Mawardi's administrative approach, Ibn GazaT, while the latter relate to. the Khaldun's sociological approach and al- profession ofthespirmer or seller of spun Farabi's philospohical approaches.^ yam (ghazzal). But there is no certainty This paper will discuss al-GhazaT's about the ancestor who was a spinner, theory of Islamic government. Before since he had a grand-uncle (or less discussing this subject, it is necessary to probably an uncle), who was also called understand al-GhazaT and his works so al-GhazaT, mid the village or woman is we are able to understand his theory otherwi^ unknowa'^ better.
    [Show full text]
  • Hacı Bektaş Velî Dergâhı Ziyaretçi Defteri (1921-1925)
    Hasan Demrtaş Hasan Demirtaş 1980 yılında Manisa’nın Alaşehir ilçesi Soğanlı köyünde doğdu. İlkokulu köyünde, ortaokul ve liseyi Alaşehir’de tamamladı. 2002 yılında Muğla Üniversitesi Fen-Edebiyat Fakültesi Tarih Bölümü’nden mezun oldu. 2007 yılında Gaziosmanpaşa Üniversitesi Sosyal Bilimler Enstitüsü Tarih Ana Bilim Dalında yüksek lisans öğrenimini tamamladı. 2004-2007 yılları arasında Gaziosmanpaşa Üniversitesi Sosyal Bilimler Enstitüsü’nde Araştırma Görevlisi olarak çalıştı. 2007 yılından beri Vakıflar Genel Müdürlüğü’nde çalışmakta olup hâlihazırda Ankara Yıldırım Beyazıt Üniversitesi Sosyal Bilimler Enstitüsü Tarih Ana Bilim Dalı’nda doktora eğitimine devam etmektedir. Evli ve bir kız çocuğu babasıdır. Hasan Demrtaş VAKIFLAR GENEL MÜDÜRLÜĞÜ YAYINLARI-137 Hacı Bektaş Velî Dergâhı Ziyaretçi Defteri (1921-1925) Vakıflar Genel Müdürlüğü Yayın Kurulunun 25.05.2018 tarihli kararı gereği hakem inceleme süreci başlatılan kitap, Yayın Kurulunun 17.10.2019 tarihli kararıyla basılmıştır. Sahibi Vakıflar Genel Müdürlüğü adına Burhan ERSOY Yayın Koordinatörü Rifat TÜRKER Yayın Sorumlusu Mevlüt ÇAM Teknik Editör Mehmet KURTOĞLU Yazar Hasan DEMİRTAŞ ISBN: 978-975-17-4431-9 Kapak Çalışma Mustafa SUNAR Kapak Hat Şefik Bey’e ait H. 1293 tarihli hat levha (Ankara Etnografya Müzesi Envanter No: 10262) Ön Hazırlık ve Basım Merkez Repro Basım Yayın Matbaa İç ve Dış Tic. Ltd. Şti. 0312 384 78 98 www.merkezrepro.com Adres Vakıflar Genel Müdürlüğü Kültür ve Tescil Daire Başkanlığı Atatürk Bulvarı No: 10 Ulus Altındağ/Ankara Telefon: 0312 5096000 Faks: 0312
    [Show full text]
  • Christian and Muslim Explorations
    Studies 01/10 Studies How can Christian and Muslim ethical and theological Studies 01/2010 reflection contribute to the wider discourse on human beings and actions, freedom and responsibility? The contributions in this book honestly name complex and often conflictual realities and point to seeds of hope in our societies and religious communities, thus deepening the understanding of human agency and freedom from a faith perspective. Freedom and Contributors include: Bernard Adeney-Risakotta (USA/ Indonesia), Reinhold Bernhardt (Switzerland), Suhadi Cholil (Indonesia/Netherlands), Hans-Peter Grosshans (Germany), Ignas Kleden (Indonesia), Oddbjørn Leirvik (Norway), Martin Freedom and Responsibility Responsibility Sinaga (editor, Indonesia), Simone Sinn (editor, Germany), Mark Swanson (USA), Siti Syamsiyatun (Indonesia), Sahiron Christian and Muslim Explorations Syamsuddin (Indonesia) and Amina Wadud (USA). LUTHERAN UNIVERSITY PRESS The Lutheran World Federation – A Communion of Churches DTS-Studies-2010-cover.indd 1 01/07/2010 16:05:43 PM DTS-Studies-201002-text.indd 10 02/03/2011 15:55:18 PM Freedom and Responsibility: Christian and Muslim Explorations LWF Studies, 2010 June 2010 edited by Simone Sinn and Martin L. Sinaga on behalf of The Lutheran World Federation Freedom and Responsibility: Christian and Muslim Explorations Simone Sinn and Martin Sinaga, Editors on behalf of The Lutheran World Federation Copyright © 2010, Lutheran University Press & The Lutheran World Federation. All rights reserved. Except for brief quotations in articles and reviews, no part of this book may be reproduced in any manner without permission. The views expressed in this publication are those of the authors and do not necessarily reflect the official position of the Lutheran World Federation.
    [Show full text]
  • The Shiite Jihad in Syria and Its Regional Effects
    THE SHIITE JIHAD IN SYRIA AND ITS REGIONAL EFFECTS Phillip Smyth This piece is dedicated to the memory of a true scholar, friend, and mensch, Barry Rubin. I would never have been able to complete such an undertaking without his confidence in me. POLICY FOCUS 138 THE SHIITE JIHAD IN SYRIA AND ITS REGIONAL EFFECTS PHILLIP SMYTH THE WASHINGTON INSTITUTE FOR NEAR EAST POLICY www.washingtoninstitute.org The opinions expressed in this Policy Focus are those of the author and not necessarily those of The Washington Institute, its Board of Trustees, or its Board of Advisors. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. © 2015 by The Washington Institute for Near East Policy The Washington Institute for Near East Policy 1828 L Street NW, Suite 1050 Washington, DC 20036 www.washingtoninstitute.org Design: 1000colors Photo: Sayyeda Zainab mosque, Damascus (Ahmad al Husseini). CONTENTS Acronyms | iv 1 introduction | 1 2 the NArrAtive of JihAd | 3 3 cAll to JihAd: clericAl Views of the Shiite JihAd in SyriA | 13 4 Building An Army for ZAinab | 21 5 the WeB of Multiplying Shiite IslAmist MilitiAs in SyriA | 37 6 Joining of Fronts: Blowback in IrAq And Lebanon | 48 7 policy RecommendAtions | 55 8 notes And Sources | 58 ABout the Author | 80 APPENDICES (ONLINE ONLY) 1 phAses of Shiite MilitiA
    [Show full text]
  • Utilitarianism in Classic Islamic Jurisprudence
    Journal of Islamic Studies and Culture June 2017, Vol. 5, No. 1, pp. 1-8 ISSN: 2333-5904 (Print), 2333-5912 (Online) Copyright © The Author(s). All Rights Reserved. Published by American Research Institute for Policy Development DOI: 10.15640/jisc.v5n1a1 URL: https://doi.org/10.15640/jisc.v5n1a1 Utilitarianism in Classic Islamic Jurisprudence Hazim H. Alnemari1 Abstract Islamic jurisprudence has developed a special utilitarian method for both understanding Shari’a and applying it in unprecedented situations. The concept of Maslaha is the cornerstone of Islamic legal philosophy for three reasons: (1) the close link between Maslaha and religious Islamic texts, (2) the methodology of categorizing Maslaha is one of the main subjects of Usoul al-Figh, and (3) it greatly affects Islamic law rulings and reasoning. Classic Muslim jurists have divided Maslaha up based both on its role in society and its relation to the religious texts (the Qur’an and Sunnah). Per the first standard, Maslaha are divided into three categories: necessities, needs, and embellishments. Per the second standard, Maslaha are also divided into three categories: ones that the Qur’an or Sunnah explicitly consider, ones that they explicitly dismiss or cancel, and ones that they do not mention at all. The method of considering Maslaha in decision making can be summarized into two steps: first is that Maslaha should promote one or all of the five goals of Shari’a. Second, Maslaha should not cause the loss of a bigger utility or result in great harm. The case of theft at the time of Umar ibn Al-Khattāb and his decision provide both an example that shows Maslaha in governmental and judicial practice and a principle in Islamic jurisprudence that can be used as a benchmark for future cases.
    [Show full text]
  • Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought
    Int J Semiot Law DOI 10.1007/s11196-016-9457-x Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought Sami Al-Daghistani1,2,3,4 © The Author(s) 2016. This article is published with open access at Springerlink.com Abstract The paper explores the role and meaning of maslaha (social utility) and ˙ ˙ its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maslaha been incorporated in ˙ ˙ legal reasoning and what kind of meaning does it convey; what type of economic (and/or legal) reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maslaha in its capacity has ˙ ˙ always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a his- torical overview of Islamic law and the concept of maslaha in relation to the field of ˙ ˙ Islamic economics, including Abu Hamid al-Ghazali’s monumental Ihya ‘ulu¯mal ˙ dı¯n (Revival of Religious Sciences), which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law.
    [Show full text]
  • ABSTRACT the Maslaha Is One of the Islamic Legal Theory Used By
    iv ABSTRACT The maslaha is one of the Islamic legal theory used by Muhammadiyah as a method of ijtihad istiṣlâḥi in solving problems within contempory Muhammadiyah. Ijtihad is done collectively (ijtihad jama'i) of various multi- disciplinary scientific institutionalized called this Tarjih. The Assembly has an authority The highest religious in Muhammadiyah, in charge of giving guidance (practical religious guidance) and Fatwa needed by the community, especially Muhammadiyah. For Muhammadiyah products of ijtihad is not something final because as tolerant and open one of the principles and the nature of the manhaj (methodology) Tarjih. Muhammadiyah is not looking manhaj and the results of ijtihad as the most correct and ready to correction by the opinions stronger, so that progressive law also gained space into an optical against one of the Muhammadiyah Islamic legal theory that is the maslaha that is part of the ijtihad istiṣlâḥi. In Islamic law there are two legal theories that normativity and adaptability. Normative Islamic law Qur'an and Sunnah become final legal source of Muhammadiyah, while adaptability accommodated in ijtihad as metode.Theory of adaptability is very dinamic. Manhaj and products law (ijtihad result) Muhammadiyah are not rigid, being able to reach and human kindness. A Construction method of low is used when the law or legal theory faced with the situation of the law vacuum, it is necessary to answer the benefit of the construction of the Muhammadiyah Islamic legal thought in a progressive law. On Fatwa product, it found the dynamics of the construction of Islamic legal thought Muhammadiyah maslaha both manhaj or legal product, they are not rigid.
    [Show full text]