Reasoning with God Reclaiming Shari'ah in the Modern
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Islam and the Challenge of Democratic Commitment
Fordham International Law Journal Volume 27, Issue 1 2003 Article 2 Islam and the Challenge of Democratic Commitment Dr. Khaled Abou El-Fadl∗ ∗ Copyright c 2003 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Islam and the Challenge of Democratic Commitment Dr. Khaled Abou El-Fadl Abstract The author questions whether concurrent and simultaneous moral and normative commit- ments to Islam and to a democratic form of government are reconcilable or mutually exclusive. The author will argue in this Article that it is indeed possible to reconcile Islam with a commitment in favor of democracy. The author will then present a systematic exploration of Islamic theology and law as it relates to a democratic system of government, and in this context, address the various elements within Islamic belief and practice that promote, challenge, or hinder the emergence of an ideological commitment in favor of democracy. In many ways, the basic and fundamental ob- jective of this Article is to investigate whether the Islamic faith is consistent or reconcilable with a democratic faith. As addressed below, both Islam and democracy represent a set of comprehensive and normative moral commitments and beliefs about, among other things, the worth and entitle- ments of human beings. The challenging issue is to understand the ways in which the Islamic and democratic systems of convictions and moral commitments could undermine, negate, or validate and support each other. ISLAM AND THE CHALLENGE OF DEMOCRATIC COMMITMENT Dr. Khaled Abou El Fadl* The question I deal with here is whether concurrent and simultaneous moral and normative commitments to Islam and to a democratic form of government are reconcilable or mutually exclusive. -
Khaled Abou El Fadl Islam and the Challenge Of
KHALED ABOU EL FADL (UNIVERSITY OF CALIFORNIA, Los ANGELES) ISLAM AND THE CHALLENGE OF DEMOCRATIC COMMITMENT he question I deal with here is whether concurrent and simultaneous moral T and normative commitments to Islam and to a democratic form of gov ernment are reconcilable or are they mutually exclusive. I will argue in this arti cle that it is indeed possible to reconcile Islam with a commitment in favor of democracy. In this article, I will present a systematic exploration of Islamic the ology and law as it relates to a democratic system of government, and in this context, I will address the various elements within Islamic belief and practice that promotes, challenges, or hinders the emergence of an ideological commit ment in favor of democracy. In many ways, the basic and fundamental objective of this article is to investigate whether the Islamic faith is consistent or reconcil able with a democratic faith. As addressed below, both Islam and democracy represent a set of comprehensive and normative moral commitments and beliefs about, among other things, the worth and entitlements of human beings. The challenging issue is to understand the ways in which the Islamic and democratic system of convictions and moral commitments could undermine, negate, or validate and support each other. At the outset of this article, I make no apologies for my conviction that separate and independent commitments in favor of Islam and in favor of democracy are morally desirable and normatively good. The problem is to facilitate the co-existence of both of these desirable moral com mitments and, to the extent possible, to guard against a situation in which the one challenges and negates the other. -
The Human Rights Commitment in Modern Islam* Khaled Abou El Fadl
The Human Rights Commitment in Modern Islam* Khaled Abou El Fadl Of all the moral challenges confronting Islam in the modern age, the problem of human rights is the most formidable. This is not because Islam, as compared to other religious traditions, is more prone to causing or inducing behaviour that disregards or violates the rights of human beings. In fact, the Islamic tradition has generated concepts and institutions that could be utilised in a systematic effort to develop social and moral commitments to human rights. But the cause of the formidable challenge to the Islamic tradition pertains to the particular historical dynamics that Muslims have had to confront in the modern age. Political realities—such as colonialism, the persistence of highly invasive and domineering despotic governments, the widespread perception, and reality, of Western hypocrisy in the human rights field, and the emergence and spread of supremacist movements of moral exceptionalism in modern Islam—have contributed to modes of interpretation and practice that are not consistent with a commitment to human rights.1 These political developments, among others, have led to an aggravated process of moral disengagement, and even callousness, toward human suffering, even when such suffering is inflicted in God’s name. Put simply, in the contemporary era there has been a systematic undermining and devaluing of the humanistic tradition in Islam, and a process of what could be described as a vulgarisation of Islamic normative doctrines and systems of belief. Therefore, exploring the relationship of Islam to the concept of human rights implicates the crucial issue of * This is an edited version of an article first published in Human Rights and Responsibilities, edited by Joseph Runzo and Nancy Martin, Oxford: Oneworld Publications, 2003. -
Justifying Relations with an Apostate During a Jihād a Salafi-Jihādist Group’S Relations with Turkey in Syria
JUSTIFYING RELATIONS WITH AN APOSTATE DURING A JIHĀD A SALAFI-JIHĀDIST GROUP’S RELATIONS WITH TURKEY IN SYRIA BAILEY ULBRICHT MARCH 2019 POLICY PAPER 2019-6 CONTENTS * SUMMARY * 1 INTRODUCTION * 3 DEFINITIONS * 4 THE CREED AND PRINCIPLES OF HTS * 6 THE CASE OF TURKEY * 13 CONCLUSION * 14 U.S. POLICY IMPLICATIONS © The Middle East Institute The Middle East Institute 1319 18th Street NW Washington, D.C. 20036 SUMMARY Several months after formally breaking with al-Qaeda in January 2017, the Salafi-Jihadist group Hayat Tahrir al-Sham (HTS) deviated significantly from its prior methodology when it gave the Turkish Army access to portions of territory it controlled in Syria. Though HTS was careful to avoid direct military collaboration with Turkey, it welcomed the Turkish Army’s presence as an additional force against the Syrian regime and secular opposition groups. This caused a significant rift among the group’s supporters and the al-Qaeda community, who accused HTS of thwarting its own jihād by forming relations with Turkey, considered by Salafi-Jihadists to be an apostate. This analysis aims to explain how HTS has legally justified its relations with Turkey. After outlining key legal terms and the group’s creed, I argue that under the doctrine of loyalty and disavowal and the doctrine of necessity, HTS is in fact able to legally justify relations with an apostate during jihād. However in doing so, the group is unable to reconcile its own methodological deviance, in which forgoing doctrinal purity for military pragmatism appears to be undermining the objective of its own jihād. -
Conceptualizing Shari'a in the Modern State
Volume 56 Issue 5 Article 1 2012 Conceptualizing Shari'a in the Modern State Khaled Abou El Fadl Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Religion Law Commons Recommended Citation Khaled A. El Fadl, Conceptualizing Shari'a in the Modern State, 56 Vill. L. Rev. 803 (2012). Available at: https://digitalcommons.law.villanova.edu/vlr/vol56/iss5/1 This Symposia is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. El Fadl: Conceptualizing Shari'a in the Modern State VILLANOVA LAW REVIEW VOLUME 56 2012 NUMBER 5 Donald A. Giannella Memorial Lecture CONCEPTUALIZING SHARI'A IN THE MODERN STATE' DR. KHALED AEou EL FADL Shari'a, i.e., animated and evolving role that T theHIS systemArticle addressesof Islamic the jurisprudence collectively or generally, and Shari'a conceptions play in the contemporary world. There are various manifestations of this evolving role in the often dynamic, subtle, highly negotiated, and far from formalistic ways that Shari'a is animated in to- day's world. There are three main points that I will address in this Article. First is to provide some insight into the various ways that Shari'a has been mani- festing in the recent revolutions sweeping through the Arabic-speaking world, while at the same time contrasting the rather curious case of the various anti-Shari'a legislations proposed in parts of the United States, as well as some of the anti-Shari'a European discourses taking place. -
A Response to Khaled Abou El Fadl's "Islam and Democracy'
Fordham International Law Journal Volume 27, Issue 1 2003 Article 4 Confronting Misconceptions and Acknowledging Imperfections: A Response to Khaled Abou El Fadl’s “Islam and Democracy” Erik G. Jensen∗ ∗ Copyright c 2003 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Confronting Misconceptions and Acknowledging Imperfections: A Response to Khaled Abou El Fadl’s “Islam and Democracy” Erik G. Jensen Abstract Professor Abou El Fadl’s Article, Islam and the Challenge of Democracy, demonstrates the need to move forward with knowledge of the nuance and depth of the historic, philosophic, legal, and theological foundations of both political stasis and political change in Muslim countries. The author comments on three aspects of Khaled Abou El Fadl’s paper. First, the author will juxta- pose the discourse that Professor Abou El Fadl is stimulating with other perspectives in order to delineate the sets of actors in this debate among Muslims. The author will also argue that “Is- lamic exceptionalism,” so prominent in post-modern critiques, is unhelpful. Second, the author will comment on the centrality of Shari‘ah to the internal debate, and discuss widespread miscon- ceptions about Shari‘ah among non-Muslims. Third, the author will comment on the problem of human agency and imperfect institutions. This imperfection becomes a critical issue when sacred texts are codified into secular law. CONFRONTING MISCONCEPTIONS AND ACKNOWLEDGING IMPERFECTIONS: A RESPONSE TO KHALED ABOU EL FADL'S "ISLAM AND DEMOCRACY' Erik G.Jensen* One of the great ironies of our time is that a profoundly pluralistic religion that values equality, respects privacy, and throughout most of its history, has fastidiously refused to be co- opted by the State (despite numerous efforts by States over the centuries), is now being used by three groups for purposes that seem to belie the features of its tradition. -
Islamic Law, Jihad and Violence
UCLA UCLA Journal of Islamic and Near Eastern Law Title Islamic Law, Jihad and Violence Permalink https://escholarship.org/uc/item/1sj0m31p Journal UCLA Journal of Islamic and Near Eastern Law, 16(1) Author Abou El Fadl, Khaled Publication Date 2017 DOI 10.5070/N4161038734 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ISLAMIC LAW, JIHAD AND VIOLENCE Khaled Abou El Fadl TABLE OF CONTENTS INTRODUCTION ��������������������������������������������������������������������������������������������������������������1 I. MORAL OBLIGATION AND LEGAL INDETERMINACY IN THE ISLAMIC JURISTIC TRADITION ..........................................................................................................5 II. THE MEANING OF JIHAD ......................................................................................9 A. Peace as a Moral Imperative ................................................................10 B. The Qur’anic Discourse on Jihad ........................................................12 C. The Challenge of War and the Balancing of Moral Imperatives ..........13 III� JUS AD BELLUM IN THE ISLAMIC TRADITION���������������������������������������������������������15 IV� JUS IN BELLO IN THE ISLAMIC TRADITION.............................................................20 INTRODUCTION To what extent are justifications of violence in Islamic law based on scriptural prescriptions and commands? The challenge of answering this question, in part, is the sheer breadth of the Islamic experience. -
Islamic Law Course Syllabus Fall 2012
ISLAMIC LAW COURSE SYLLABUS FALL 2012 ISLAMIC LAW INDIANA UNIVERSITY ROBERT H. MCKINNEY SCHOOL OF LAW Syllabus and Reading Assignments Fall 2012 Meeting: InLow Hall, Room: 379 Professor: Mohamed ‘Arafa, SJD Fridays: 5.30 pm.: 7.30 pm. Cell Phone: (317) 640-9733 Office Hours: Fridays before and after class Email: [email protected] and by appointment Faculty Assistant: Faith A. Long, Room: 325, email [email protected] , Phone: (317) 274-1913 I. Course Description and Objectives Like other legal systems, Islamic (“Sharie‘a”) law has its own distinctive processes of identifying and developing legal norms. The role of jurists in framing rules of law is unusual in Islamic law, however, in large part because it is both a religion and a means toward establishing a legal and social order in civil and criminal matters. Islam is both a religion and a social order, and these two types of rules are of a divine origin. As such, it comprises rules concerning devotional obligations as well as rules that create a comprehensive and integrated guide to all aspects of political, economic, national, and even international affairs. Although Iran may be the only country that currently has a legal system with a comprehensive primacy of Islamic law, with Pakistan being the nearest other country, Islamic law has a great influence on the legal and political systems of many countries with mixed Islamic and civil law systems, in particular in the Middle East and in South Asia. Islamic law is, therefore, studied throughout the world and increasingly seen as a fundamental component for the study of law in comparative context. -
A COMPARATIVE STUDY of REFORMIST and TRADITIONALIST CONCEPTIONS of the OBJECTIVES of SHARĪ'a by OMER TASGETIREN (Under the Di
A COMPARATIVE STUDY OF REFORMIST AND TRADITIONALIST CONCEPTIONS OF THE OBJECTIVES OF SHARĪ‘A by OMERTASGETIREN (Under the Direction of Alan Godlas) ABSTRACT A comparison of the ideas of the reformist Muslim thinkers Khaled Abou El Fadl and Tariq Ramadan with those of the more traditionalist scholar Yusuf al-Qaradawi illustrates that, in contrast to what is generally assumed, there is substantial common ground between these reformist and traditionalist positions in four areas; human rights and democracy, women's rights, jihād and peace, and dialogue and collaboration. This consensus among these Muslim intellectuals on these important issues has arisen because they share a theory of interpretation that necessitates the utilization of and reliance upon "objectives of Sharī‘a" (maqāṣid al- sharī‘a) to adjudicate between conflicting points of view. Since these thinkers espouse this methodology of jurisprudence and do not differ substantially concerning their views of the foundational principles of Islam, it becomes possible for them to propound similar ideas regarding the four areas mentioned above. INDEX WORDS: Khaled Abou El Fadl, Tariq Ramadan, Yusuf al-Qaradawi, Objectives of Sharī‘a, Human Rights, Women Rights, Interfaith Dialogue, Democracy, Jihad A COMPARATIVE STUDY OF REFORMIST AND TRADITIONALIST CONCEPTIONS OF THE OBJECTIVES OF SHARĪ‘A by OMERTASGETIREN BA, Bogazici University, Turkey, 2005 A Thesis Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree MASTEROF ARTS -
American Muslims and Authority: Competing Discourses in a Non-Muslim State
UC Irvine UC Irvine Previously Published Works Title American Muslims and Authority: Competing Discourses in a non-Muslim State Permalink https://escholarship.org/uc/item/02r9h90g Journal Journal of American Ethnic History, 25(1) ISSN 0278-5927 Author Leonard, KB Publication Date 2005-09-01 License https://creativecommons.org/licenses/by/4.0/ 4.0 Peer reviewed eScholarship.org Powered by the California Digital Library University of California American Muslims and Authority: Competing Discourses in a Non-Muslim State KAREN LEONARD INTRODUCTION How do American Muslims define and attempt to follow Islamic law, or shari'a? They are not living in an Islamic state, or even in a state domi nated by Muslims, yet political spokesmen and specialists in Islamic law are attempting to define the nature of Islamic authority and determine its force in the U.S. This essay first reviews the contours of the American Muslim con1munity and then outlines the problems associated with the understanding and practice of Islamic law in the U.S. Third, it delineates contests over sources of authority between American Muslim spokesmen trained in modern professions and more traditionally trained Islamic scholars. The contestants are chiefly Muslims, but after September 11 , 200 I, others have played roles in defining the legal and political landscape for American Muslims as well; that is the fourth part of the essay. This last development has brought Islamic scholars to the fore, challenging the claims to authority of the new spokesmen. It has also signaled important shifts, probably lasting ones, in the patterned interactions among Ameri can Muslims and between Muslims and others in America. -
The ISIS Crisis and the Broken Politics of the Middle East
Key Issues in Religion and World Affairs 1 The ISIS Crisis and the Broken Politics of the Middle East Nader Hashemi University of Denver November, 2016 Introduction When future historians of the Middle East look back on the early 21st century, the rise of The Islamic State in Iraq and Syria (ISIS or the Islamic State) will be discussed as a key turning point in the politics of the region.1 As a result of Nader Hashemi is Associate Professor at the Josef Korbel ISIS’ expansion in 2014, the boundary between Iraq and School of International Studies, Syria has effectively dissolved. The one hundred year-old University of Denver, and colonial borders of the Middle East have not faced such a Director at the Center for Middle radical restructuring since Gamal Abdel Nasser attempted East Studies. His most recent to unify Egypt and Syria (1958-1961), and Saddam 2 work is called Sectarianism: Hussein’s attempt at annexing Kuwait (1990). While these Mapping the New Politics of the prior attempts to re-fashion borders were short-lived, the Middle East. He specializes in phenomenon of the Islamic State will not disappear as Middle East and Islamic affairs, quickly. In part, this is because the forces that have religion and democracy, produced ISIS are driven not from above, as in the secularism, comparative politics aforementioned cases, but are a result of social conditions and political theory, politics of the that have emerged from below and which have been Middle East, democracy and brewing in the region for some time.3 ISIS is a reflection of human rights, and Islam-West the broken politics in the Middle East that are a product of relations. -
ABSTRACT Conceiving Coexistence: an Exposition on the Divergent
ABSTRACT Conceiving Coexistence: An Exposition on the Divergent Western and Islamic Conceptualizations of Tolerance Aaron M. Tyler, M.A. Mentor: Derek H. Davis, Ph.D. Is a “clash” between Western and Islamic civilizations underway? For some, Samuel Huntington’s prescient thesis is being realized. For others, his “clash of civilizations” paradigm only obfuscates with generalizations the complexities and confluences of world cultures. Cognizant of its potential deficiencies, this project utilizes a cultural comparative paradigm as an expressly limited systematic methodology for examining intercommunal, transcultural conflict and possible paths to reconciliation and coexistence. After demonstrating the reality of a multilevel conflict between Western and Islamic civilizations, the cross-cultural, interreligious conception of tolerance is proffered as one essential strategy for affecting a mutually desired level of peaceful coexistence. Tolerance is a strategic attitude for living with difference, and how this attitude is manifested largely depends on context, tradition, and the nature and extent of diversity. This dissertation provides a brief analysis of select writings and practices of tolerance in Western and Islamic histories to show how an intercultural understanding of tolerance is well within the philosophical, theological, and practical parameters of both traditions. Islamic and Western civilizations each have a unique hierarchy of values that have motivated conceptualizations of tolerance. Yet, despite their varying orders of supremacy, intercultural values of significant worth to both civilizations are apparent—liberty, justice, humility, human dignity, and charity, for example. In addition to the confluence of virtues that have quickened conceptualizations of tolerance, this project also examines how both traditions have found pragmatic, temporal stimulants for developing this important strategy.