Download or read book The Fatwa as an Islamic Legal Instrument written by Carool Kersten and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most misunderstood aspects of Islamic legal practice and thought is the role and position of fatwas or legal opinions. This three-volume reference work offers a comprehensive overview of and detailed insights into: -the concept of the fatwa as a vehicle of legal opinion-making in Islam -its historical role in different parts of the Muslim world -and contemporary debates reflecting both the fatwa's enduring relevance and its ongoing contestation among Muslims today.
Download or read book Ifta and Fatwa in the Muslim World and the West written by Zulfiqar Ali Shah and published by IIIT. This book was released on 2014 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the formative classical period of Islamic jurisprudence, wellknown scholars possessed not only the intellectual skills required for analytic reasoning, but also a broad general knowledge of the fi elds relevant to the cultural contexts in which they issued their edicts. A viable fatwa requires knowledge of the Shari‘ah as well as local customs, cultural realities, individual and communal implications, and related matters. The original juristic tradition was formulated and fi xed during the fi rst three Islamic centuries, a time of widespread sociopolitical turmoil. Of course, the jurists’ legal outlooks and thinking processes could not have escaped this reality. While Muslims of the prophetic and rāshidūn periods adhered closely to the authentic texts due to their sincerity, piety, prophetic training, and proximity to the revelation, the changing environment in which their descendants functioned gradually started to impact how the authentic texts were understood, interpreted, paraphrased, and implemented. Both the Muslim and the non-Muslim worlds have drastically changed since that time. The new geopolitical and scientifi c realities of our rapidly changing world demand a fresh look at some aspects of the established juristic tradition. The way forward involves a systematic fresh look at and reevaluation of the old fatwas, as well as the issuance of new ones with a maqāsidī outlook that can deal successfully with today’s ever-changing global realities. In this edited volume, papers on fatwa and iftā’ point to an approach that is both rooted in the Islamic legacy and committed to meeting the challenges of the modern world.
Download or read book The Fatwa as an Islamic Legal Instrument Fatwa and Propaganda Contemporary Muslim Responses to the Sudanese Mahdiyya written by Carool Kersten and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Everyday Islamic Law and the Making of Modern South Asia written by Elizabeth Lhost and published by UNC Press Books. This book was released on 2022-05-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.
Download or read book Islamic Law and Society written by Emine Enise Yakar and published by Routledge. This book was released on 2021-09-30 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.
Download or read book Colonial Internationalism and the Governmentality of Empire 1893 1982 written by Florian Wagner and published by Cambridge University Press. This book was released on 2022-02-24 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the International Colonial Institute, a pervasive colonial think tank established in 1893, reformed colonialism to make empires last.
Download or read book The Fatwa as an Islamic Legal Instrument Concept Historical Role Contemporary Relevance written by Carool Kersten and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Islamic Finance and the Shari ah written by Michael J. T. McMillen and published by CreateSpace. This book was released on 2013-12-26 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about how Islamic finance is conducted in contemporary times. It is also about change and how change occurs in two areas. The first area is change in a body of law, both generally and specifically with respect to Islamic Shari`ah in the areas of commerce and finance. The second area is Islamic finance. Change in the Shari`ah and in Islamic finance are intimately and inextricably related: the Shari`ah defines and constrains change in Islamic finance. Legal change necessarily involves consideration of the interpretive modalities that are employed in effecting that legal change, and interpretive modalities in Islamic finance are also considered.The book is divided into four parts. Part I outlines the context and provides background for later discussions. Part II introduces the Shari`ah and its interpretation. Part III discusses a specific fatwa issued to Dow Jones in 1998 in respect of equity investing and equity indices (the Dow Jones Fatwa), its sequelae, and murabaha transactions. And Part IV addresses issues pertaining to and criticisms of Islamic finance.Part I describes the objectives and organization of the book, provides a short history of modern Islamic finance, and sets forth a categorized summary of the issues and criticisms raised by various critics.The discussion of Shari`ah matters in Part II begins with a summary of the nature of the Shari`ah (Islamic law) as applied in Islamic finance. This is followed by a detailed description of the Shari`ah scholars and Shari`ah boards that interpret and apply Islamic law in the field of Islamic finance. Topics considered include the qualifications of scholars, the nature and structure of Shari`ah boards and how they are comprised and operate, and the roles and functions of Shari`ah boards. The final chapter in this Part discusses the fatwa (legal opinion) that implements Islamic law in the transactional, operational entity and standard-setting context. Part III provides detailed discussions of the Dow Jones Fatwa, its equity investment tests, permissible and impermissible equity instruments, permissible and impermissible business activities, financial screens for impermissible interest income, and other important principles. In particular, the discussion focuses on the principles of “permissible variance” (or “permissible impurity”) and “purification” that have been instrumental in the development and growth of Islamic finance. Succeeding chapters in this Part trace how the permissible variance principles have evolved and expanded in areas such as equity, private equity and real estate investing, and the financing of those activities, and in project and infrastructure finance. Six areas of evolution and expansion are considered. These include (1) modification of the initial tests, (2) new equity investing tests, (3) permissible and impermissible business activities in different areas of practice and the variations in impurity that are permitted in those areas, (4) the most commonly used structures in modern Islamic finance (the lease or ijara and the murabaha or cost-plus sale), and) (5) when and how purification (largely by donation to charity) are effected.The final group of chapters, in Part IV, discuss the various issues and criticisms in detail. Topics include (i) the amount of discretion afforded Shari`ah scholars, (ii) the intentions of different transactional parties in Islamic finance transactions, (iii) the degree of formalism in application of interpretive modalities, (iv) complexities and transaction costs (both absolutely and relative to corresponding conventional transactions), (v) social justice and policy issues, and (vi) the application of interpretative modalities and their relationship to different jurisprudential theories of legal change.The book includes an extensive bibliography and index.For further information, please see http://www.islamicfinanceinpractice.com
Download or read book iMuslims written by Gary R. Bunt and published by Univ of North Carolina Press. This book was released on 2009-04-30 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the increasing impact of the Internet on Muslims around the world, this book sheds new light on the nature of contemporary Islamic discourse, identity, and community. The Internet has profoundly shaped how both Muslims and non-Muslims perceive Islam and how Islamic societies and networks are evolving and shifting in the twenty-first century, says Gary Bunt. While Islamic society has deep historical patterns of global exchange, the Internet has transformed how many Muslims practice the duties and rituals of Islam. A place of religious instruction may exist solely in the virtual world, for example, or a community may gather only online. Drawing on more than a decade of online research, Bunt shows how social-networking sites, blogs, and other "cyber-Islamic environments" have exposed Muslims to new influences outside the traditional spheres of Islamic knowledge and authority. Furthermore, the Internet has dramatically influenced forms of Islamic activism and radicalization, including jihad-oriented campaigns by networks such as al-Qaeda. By surveying the broad spectrum of approaches used to present dimensions of Islamic social, spiritual, and political life on the Internet, iMuslims encourages diverse understandings of online Islam and of Islam generally.
Download or read book Islamic Law and Ethics written by David R. Vishanoff and published by International Institute of Islamic Thought (IIIT). This book was released on 2020-09-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?
Download or read book Warrant for Terror written by Shmuel Bar and published by Rowman & Littlefield. This book was released on 2006 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Warrant for Terror examines fatwas, which are legal opinions declaring whether a given act under Islam is obligatory, permitted, or forbidden and which serve as a major instrument by which religious leaders impel believers to engage in acts of jihad. This book is published in cooperation with the Hoover Institution.
Download or read book Constituting Religion written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2018-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Download or read book How Muftis Think written by Lena Larsen and published by BRILL. This book was released on 2018-05-23 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Contemporary Bioethics written by Mohammed Ali Al-Bar and published by Springer. This book was released on 2015-05-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
Download or read book Conference of the Books written by Khaled Abou El Fadl and published by Rlpg/Galleys. This book was released on 2001 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abou El Fadl (Islamic law, UCLA School of Law) wrote the 62 brief essays here over the course of five years. Through a combination of musings and critical reflections on classical Muslim authors, he both traces Muslim intellectual history and also confronts questions of ethics, faith, law, politics, culture, and modern identity. He ranges over many facets of Islam in the contemporary world, exploring censorship, political oppression, terrorism, the veil and the treatment of women, marriage, parental rights, the dynamics between law and morality, the character of the prophet Muhammad, and other topics. About half the essays first appeared in The minaret magazine. c. Book News Inc.
Download or read book The World Of Fatwas Or The Shariah In Action written by Arun Shourie and published by Harpercollins. This book was released on 2012-07-27 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The World of Fatwas provides a new prism to non-Muslims for observing Islam, and holds up a mirror to Muslims, challenging them to necessary introspection for adjusting to a changing world'- J.N. Dixit, diplomat and former Indian Foreign Secretary, of Outlook Why are women 'the greatest affliction'? Why is slaughtering cows seen as a 'great Islamic act' when the Quran does not even mention it? Why must believers put down non-believers? In this meticulously researched book, Arun Shourie looks at the social, religious and political contexts of fatwas down the ages. With a mountain of fatwas as his text, he shows us the Shariah in action; he unravels the history of fatwas, and the implications that a faithful, dogmatic adherence to these Islamic decrees holds for the 'believer'. And hence for the non-believers. First published in 1995, this revised, up-to-date and expanded edition provides both Muslims and non-Muslims alike an even more clear-eyed look at the controversial world of fatwas.
Download or read book Fatwa and the Making and Renewal of Islamic Law written by Omer Awass and published by Cambridge University Press. This book was released on 2023-05-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines different persons, periods, places, and principles to weave a narrative about a practice that spawned a legal tradition.
