Shi'ism Revisited

2021 ◽  
Author(s):  
Liyakat Takim
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Theory ◽  
Public Attention ◽  
Ongoing Debate ◽  
Classical Formulation ◽  
Islamic Legal Theory ◽  
Social Fields ◽  
Western Scholarship ◽  
Muslim Minorities

Contemporary Muslims face the challenge of how a legal system that was formulated in the classical period of Islam can respond to the multitudinous challenges that present-day Muslims encounter. Is there a need for reformation in Islam? If so, where should it begin and in which direction should it proceed? Addressing this gap in Western scholarship, and contributing to the ongoing debate in Islamic scholarship, Shi‘ism Revisited: Ijtihad and Reformation in Contemporary Times (1) explores how modernity has impinged on the classical formulation of Islamic law, and (2) analyzes how Shi‘i jurists have responded to the intersection of shari’a (Islamic law) and modernity. The study is original and groundbreaking in that it seeks to tackle issues such as how Islamic law is being revised by Shi‘i scholars on cases such as human rights, gender equality, the rights of non-Muslim minorities, and reconfiguring the rational and moral basis of Islamic law. Such questions have required scholars to apply ijtihad (independent reasoning) in providing solutions to the pressing questions in the religious and social fields. By examining the principles and application of Islamic legal theory (usul al-fiqh) and reformation in Shi‘ism, as well as the current discourse on juristic hermeneutics and the basis of a new ijtihad, this research addresses topics that have attracted much public attention. Since such issues have been largely neglected by Western scholarship, this book provides a unique analysis of ijtihad and reformation in the Shi‘i world.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

Legislation as an Instrument of Islamic Law

2016 ◽  
pp. 550-584
Author(s):  
Leonard Wood
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Legal Theory ◽  
Islamic World ◽  
Islamic Legal Theory ◽  
History Of

This article examines legislation as an instrument of Islamic law in the history of the Islamic world and in Islamic legal theory, with particular emphasis on the scholarly analysis of whether Islamic law can be legislated at all, and if so, how. It first reviews the scholarship on legislation in the Islamic world before the mid-nineteenth-century Ottoman reforms (tanzimat)—the “premodern” centuries. It then considers legislation after the mid-nineteenth century—the “modern” centuries—by looking at scholars’ preoccupations with the apparent novelty of modern legislation and its debatable Islamicity. It also discusses empirical dilemmas underlying these preoccupations and competing scholarly approaches to theorizing and studying the proper relationship between legislation and Islam. The article concludes by suggesting four paths forward in the analysis of legislation as an instrument of Islamic law.

scholarly journals POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE

JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Nuha Qonita
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
New Product ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Modern Time ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
The World

<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>

scholarly journals Language and Law: The Significance of Language Competence in Islamic Legal Theory

2019 ◽  
Author(s):  
Mhd. Syahnan ◽  
Ja’far . ◽  
Sahkholid Nasution ◽  
Rahmah Fithriani ◽  
Waizul Qarni ◽  
...  
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
High Standard ◽  
Arabic Language ◽  
Language Competence ◽  
Islamic Legal Theory ◽  
Depth Interview ◽  
Determining Factors ◽  
Language And Law

Language and law seem to have either distant or no connection at all. However, in reality these two disciplines are closely interconnected and interrelated, particularly in the perspectives of Islamic legal theory. One’s language competence is among the determining factors in comprehending Islamic law. This is because in Islamic legal theory, law is derived from the tenets enshrined in the Qur’an and the Prophetic traditions that require a high standard of Arabic language science. Thus, it can be concluded that language and law are inseparable. Unfortunately, many students majoring Islamic law still have minor knowledge as well as awareness of the connection between these two disciplines. Regarding this case in hand, the aims of this study are two fold; first, to find out students’ awareness of the role of language competence in Islamic legal theory, and second, to investigate the correlation between the awareness with students’ competence in Islamic legal theory. This study conducted at the postgraduate program, UIN SU employed a qualitative approach. The data were collected by using questionnaire and in-depth interview. The findings reveal that students’ awareness of the significance of language competence is still relatively low. Furthermore, it is also found that the awareness is positively correlated with their competence in Islamic legal theory.

Rebelling against the Ruler: Egyptian Youth and Azhari Scholars’ Authority after the 2011 Uprising

2021 ◽  
pp. 1-41
Author(s):  
Nareman Amin
Keyword(s):  
Textual Analysis ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Theory ◽  
Social Implications ◽  
Islamic Legal Theory ◽  
The Social ◽  
Legal Opinions ◽  
Political Realities ◽  
Moral Capital

Abstract Scholars have investigated statements by Azhari ʿulamāʾ (religious scholars) about the legality of protest in Egypt in 2011 and 2013 and their use of fiqh al-wāqiʿ, a jurisprudential method by which jurists consider social and political realities when issuing legal opinions. These studies focus on Islamic legal theory but do not examine the social implications of the legal. Based on textual analysis of televised statements by ʿulamāʾ and interviews with young Muslim Egyptians, I argue that, although some jurists discouraged the laity from joining the 2011 protests, religious youth were not deterred from protesting. Additionally, laypeople who are not well-versed in Islamic law grew suspicious of the shifting opinions of ʿulamāʾ on the legal status of protest, as happened in 2013. In the aftermath of the 2011 and 2013 movements, the moral capital of several Azhari scholars decreased as did the moral-legal purchase of the fatwās they issued.

Custom and Society in Islamic Criminal Law: A Critical Appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is Authoritative) and its Sisters in Islamic Legal Procedures

2012 ◽  
Vol 26 (1) ◽  
pp. 75-97 ◽  
Author(s):  
Luqman Zakariyah
Keyword(s):  
Criminal Law ◽  
Critical Appraisal ◽  
Islamic Law ◽  
Legal Theory ◽  
Controversial Issues ◽  
Islamic Legal Theory ◽  
Over Time ◽  
Legal Procedures

Abstract Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts. The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its authoritativeness in application, one of the controversial issues surrounding the use of custom (al-ʿādah) is whether, by law, rulings can be changed over time when customs have changed. Thus, this article aims to examine the effect of custom in rulings related to ḥudūd and qiṣāṣ (fixed and retaliative punishments) in Islamic law and whether such rulings can be changed over time as custom changes and, if they can be changed, to what extent can such changes be made and to what effect do such changes affect the sanctity of the Qurʾān and Ḥadīth texts.

On the Development of Custom as a Source of Law in Islamic Law:

1997 ◽  
Vol 4 (2) ◽  
pp. 131-155 ◽  
Author(s):  
Gideon Libson
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Classical Period ◽  
Secondary Sources ◽  
Islamic Legal Theory ◽  
The Status ◽  
Legal Fictions

AbstractAlthough classical Islamic legal theory did not recognize custom as a source of law, Muslim jurists — in particular, the ḥanafīs — discussed the status of custom already in the pre-classical period. Custom was incorporated into Islamic law in a variety of ways: by including certain practices in the category of sunna or ijmāʾ; by appealing to judicial preference (istiḥsān) and to secondary sources of law, such as fatwās; and by using legal fictions (ḥiyal). Because these methods were not always adequate to deal with the questions that specific practices presented to the jurists, there was an increasing tendency among later ḥanafī jurists to recogize custom as a source of law.

A Case Study of Patriarchy and Slavery: The Hermeneutical Importance of Qurʾānic Assumptions in the Development of a Values-Based and Purposive Oriented Qurʾān-sunna Hermeneutic

Hawwa ◽  
2013 ◽  
Vol 11 (1) ◽  
pp. 58-87 ◽  
Author(s):  
Adis Duderija
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Aspects ◽  
Gender Dynamics ◽  
Dialogical Approach ◽  
Islamic Legal Theory

Abstract It is the task of this paper to argue that the development of a new Qurʾān-sunna hermeneutic (and therefore Islamic legal theory) which hermeneutically privileges an ethico-religious and purposive approach to a Qurʾānic interpretation (based on ethically objectivist nature of ethical value) has the potential to engender a gender symmetrical Islamic law. In order for this to be achieved, it is argued further, that the hermeneutical importance of the mirroring of the various socio-cultural and ethico-moral assumptions prevalent in the Qurʾān’s revelatory milieu in the actual Qurʾānic text itself must be taken into account as evident in those passages pertaining to the patriarchal nature of socio-legal aspects of gender dynamics and existence of slavery, especially female concubinage. Additionally, in the first part of the paper, I briefly discuss one reason why I consider the classical Islamic scholarship failed to explore the hermeneutical significance of these assumptions and therefore did not engender a Qurʾānic hermeneutic and Islamic legal theory that hermeneutically privileges an ethico-religious and purposive based approach to interpretation of Qurʾān and sunna. I refer to this process as a hermeneutical shift from a Qurʾān-sunna interpretive dialogical approach to that of a sunna-ḥadith episteme.

scholarly journals Theory of Law and Hermeneutics of Imam Al-Shatibi

2020 ◽  
Vol 16 (2) ◽  
pp. 69-86
Author(s):  
D. T. Husainov
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Specific Topic ◽  
Important Concept ◽  
Islamic Legal Theory ◽  
Theory Of Law ◽  
Further Development ◽  
Entire Text

The paper deals with notions of Imam al- Shatibi on the sources and development of Islamic law, as they are set out in his main treatise al- Muwafaqat. Al- Shatibi’s approach involved combining the usul method with maqasid al-shari‘a, which was used in order to improve the usul method itself. The author demonstrates the successive development of alShatibi’s thought in relation to the ideas of al- Ghazali and the influence of al- Shatibi on the further development of Islamic legal theory. For instance, an important concept maslahah was to a large extent derived from the ideas of al- Shatibi; later the theory of maslaha became one of the most important elements of modernism. Moreover, the paper traces back the connection of al- Shatibi’s approach in the field of law to the principles of studying the text of the Qur’an. Imam al- Shatibi contributed to the convergence of the Islamic legal theory and the interpretation of Qur’an and therefore set the framework for thematic interpretation. Al- Shatibi can be considered as a precursor to what has become known since the late 1960s as al- Tafsir alMawdu‘i, that is, an interpretation based on the consideration of a specific topic either in a single Surah or throughout the entire text of the Qur’an. One of the main advantages of the hermeneutics of al- Shatibi is that it helps to overcome the “atomism” of some studies undertaken by jurists and interpreters who mainly dealt only with certain passages of the Qur’an, but in no way with its whole content.

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