Rethinking Islamic Legal Modernism

Rethinking Islamic Legal Modernism
Author: Ron Shaham
Publisher: BRILL
Total Pages: 201
Release: 2018-07-10
Genre: Law
ISBN: 9004369546

In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.

Rethinking Tradition in Modern Islamic Thought

Rethinking Tradition in Modern Islamic Thought
Author: Daniel W. Brown
Publisher:
Total Pages:
Release: 2014
Genre: Hadith
ISBN:

Modern Muslim intellectuals have been trying to reestablish a foundation for the revival of Islamic law. In this fascinating study, Daniel Brown assesses the implications of new approaches to the law on contemporary Islamic revivalist movements, and explores the impact of modernity on attitudes toward religious authority generally. This book will make a major contribution to the understanding of contemporary Islam, and will be of interest to scholars of the Middle East and South Asia, and to those teaching Islamic law.

Islamic Law, Epistemology and Modernity

Islamic Law, Epistemology and Modernity
Author: Ashk Dahlen
Publisher: Routledge
Total Pages: 425
Release: 2004-03-01
Genre: Social Science
ISBN: 1135943559

This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.

Islamic Law and the Challenges of Modernity

Islamic Law and the Challenges of Modernity
Author: Yvonne Yazbeck Haddad
Publisher: Rowman Altamira
Total Pages: 278
Release: 2004
Genre: Law
ISBN: 9780759106710

Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!

Rethinking Muslim Personal Law

Rethinking Muslim Personal Law
Author: Hilal Ahmed
Publisher: Taylor & Francis
Total Pages: 191
Release: 2022-04-28
Genre: Law
ISBN: 1000573192

This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

How Muftis Think

How Muftis Think
Author: Lena Larsen
Publisher: BRILL
Total Pages: 324
Release: 2018-05-23
Genre: Law
ISBN: 9004367853

In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women’s duties and obedience, and one stressing women’s rights and equality before the law. Focusing on muftis who see “the time and place” as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women’s dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.

Rethinking Islamic Studies

Rethinking Islamic Studies
Author: Carl W. Ernst
Publisher: Univ of South Carolina Press
Total Pages: 318
Release: 2012-11-27
Genre: Religion
ISBN: 1611172314

A groundbreaking response to the challenges of interpreting Islamic religion in the post-9/11 and post-Orientalist era Rethinking Islamic Studies upends scholarly roadblocks in post-Orientalist discourse within contemporary Islamic studies and carves fresh inroads toward a robust new understanding of the discipline, one that includes religious studies and other politically infused fields of inquiry. Editors Carl W. Ernst and Richard C. Martin, along with a distinguished group of scholars, map the trajectory of the study of Islam and offer innovative approaches to the theoretical and methodological frameworks that have traditionally dominated the field. In the volume's first section the contributors reexamine the underlying notions of modernity in the East and West and allow for the possibility of multiple and incongruent modernities. This opens a discussion of fundamentalism as a manifestation of the tensions of modernity in Muslim cultures. The second section addresses the volatile character of Islamic religious identity as expressed in religious and political movements at national and local levels. In the third section, contributors focus on Muslim communities in Asia and examine the formation of religious models and concepts as they appear in this region. This study concludes with an afterword by accomplished Islamic studies scholar Bruce B. Lawrence reflecting on the evolution of this post-Orientalist approach to Islam and placing the volume within existing and emerging scholarship. Rethinking Islamic Studies offers original perspectives for the discipline, each utilizing the tools of modern academic inquiry, to help illuminate contemporary incarnations of Islam for a growing audience of those invested in a sharper understanding of the Muslim world.

Modern Perspectives on Islamic Law

Modern Perspectives on Islamic Law
Author: E. Ann Black
Publisher: Edward Elgar Publishing
Total Pages: 319
Release: 2013-01-01
Genre: Religion
ISBN: 0857934473

'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

Islam and the Arab Revolutions

Islam and the Arab Revolutions
Author: Usaama Al-Azami
Publisher: Oxford University Press
Total Pages: 527
Release: 2022-05-01
Genre: Political Science
ISBN: 0197651119

The Arab revolutions of 2011 were a transformative moment in the modern history of the Middle East, as people rose up against long-standing autocrats throughout the region to call for 'bread, freedom and dignity'. With the passage of time, results have been decidedly mixed, with tentative success stories like Tunisia contrasting with the emergence of even more repressive dictatorships in places like Egypt, with the backing of several Gulf states. Focusing primarily on Egypt, this book considers a relatively understudied dimension of these revolutions: the role of prominent religious scholars. While pro-revolutionary ulama have justified activism against authoritarian regimes, counter-revolutionary scholars have provided religious backing for repression, and in some cases the mass murder of unarmed protestors. Usaama al-Azami traces the public engagements and religious pronouncements of several prominent ulama in the region, including Yusuf al-Qaradawi, Ali Gomaa and Abdullah bin Bayyah, to explore their role in either championing the Arab revolutions or supporting their repression. He concludes that while a minority of noted scholars have enthusiastically endorsed the counter-revolutions, their approach is attributable less to premodern theology and more to their distinctly modern commitment to the authoritarian state.