Islamic Law and Theology

Author(s):  
Rumee Ahmed

Whereas Islamic law and Islamic theology are usually discussed separately, this article examines the relationship between the two in Islamic Studies scholarship. After defining the terms “law” and “theology,” this article offers three historiographical approaches to the subject, namely: “Orientalist,” “Revisionist,” and “Pragmatist”, each reflecting assumptions about the function of Islamic law in Muslim communities. Orientalists are skeptical of Islamic religious texts, and argue that Islamic law and theology are unconnected, static sciences that have little to offer modern Muslims. Revisionists re-read Islamic sources to suggest that Islamic law was once a theological enterprise that devolved into legalism, but that it can be revived by returning to theology. Pragmatists, using subaltern and feminist lenses, argue that Islamic law and theology are interconnected and evolving sciences that perpetually animate Muslim discourse. The article concludes by discussing the political import of this topic, and suggesting avenues for further research.

2019 ◽  
Vol 34 (3) ◽  
pp. 383-407 ◽  
Author(s):  
Shaheen Sardar Ali

AbstractThis socio-legal narrative investigates the journey from “biological” to “societal” filiation undertaken by Islamic and international law regimes in their endeavors to ensure a child's right to name and identity. Combining a discussion of filiation—a status-assigning process—with adoption and kafāla (fostering) as status-transferring mechanisms, it highlights a nuanced hierarchy relating to these processes within Muslim communities and Muslim state practices. It questions whether evolving conceptions of a child's rights to name and identity represent a paradigm shift from “no status” if born out of wedlock toward “full status” offered through national and international law and Muslim state and community practices. The article challenges the dominant (formal, legal) position within the Islamic legal traditions that nasab (filiation) is obtainable through marriage alone. Highlighting inherent plurality within the Islamic legal traditions, it demonstrates how Muslim state practice and actual practices of Muslim communities on the subject are neither uniform nor necessarily in accordance with stated doctrinal positions of the juristic schools to which they subscribe. Simultaneously, the paper challenges some exaggerated gaps between “Islamic” and “Western” conceptions of children's rights, arguing that child-centric resources in Islamic law tend to be suppressed by a “universalist” Western human-rights discourse. Tracing common threads through discourses within both legal traditions aimed at ensuring children a name and identity, it demonstrates that the rights values in the United Nations Convention on Rights of the Child resonate with preexisting values within the Islamic legal traditions.


1974 ◽  
Vol 8 ◽  
pp. 5-7

During the past forty years the dominant preoccupation of scholars writing on Livy has been the relationship between the historian and the emperor Augustus, and its effects on the Ab Urbe Condita. Tacitus’ testimony that the two were on friendly terms, and Suetonius’ revelation that Livy found time to encourage the historical studies of the future emperor Claudius, appeared to have ominous overtones to scholars writing against the political backcloth of Nazi Germany and Fascist Italy. Though the subject had not been wholly ignored previously, the success of the German cultural propaganda-machine stimulated a spate of approving or critical treatments. While some were hailing Livy as the historian whose work signalled and glorified the new order, others following a similar interpretation were markedly scathing.


2021 ◽  
Vol 29 ◽  

In the midst of dangerous circumstances and events and the thorny relations between Syria and Lebanon ,the issue of Syrian – Lebanese economic relations 1958 – 2000 came to confirm the depth of the relationship between the two counties and indicate the political tensions and the shadows it casts on economic relations. Perhaps the Syrian – Lebanese relations are among the strangest relations that exist between two countries or Even between two peoples , although it brings together a lot of special circumstances that are difficult to find in other countries , any event , even if it is fleeting , can be exploited in a way that harms the essence of the relationship in which interests may intersect between two ordinary countries that do not have any connection of historical weight or A specific geography , the Syrian – Lebanese relationship is , by virtue of history , concurrent with the emergence of the two states as political entities . This reason and others prompted me to choose this topic , which embodies the volume of trade and economic exchange between the two countries and clearly embodies the repercussions of the relationship , which passes from one period to another in a state of ebb and flow . This study sheds light on the economic relations between the two countries , although it is difficult to ignore the impact of the political conditions on them , as they are the main engine , and the decline in economic relations is only a reaction to the crisis policy in many cases . in writing this research , the researcher used the descriptive method of history , and he used an important number of sources that enriched the subject , such as the Lebanese – Syrian relations of the authors Antoine AL-Nashef and Khalil AL-Hindi , as well as the Lebanese – Syrian relations1985 -1943 issued by the Lebanese Documentation and Research Center and last but not least l hope this study will be successful in terms of providing information and facts to the lraqi offices and contributing to their enrichment and providing assistance to the lraqi researcher .


2020 ◽  
pp. 79-96
Author(s):  
Leila Brännström

In recent years the Sweden Democrats have championed a clarification of the identity of the ‘the people’ in the Instrument of government. The reference, they argue, should be to the ethnic group of Swedes. This chapter will take this ambition to fix the subject of popular sovereignty as the point of departure for discussing some of the ways in which the contemporary anti-foreigner political forces of Northern and Western Europe imagine ‘the people’ and identify their allies and enemies within and beyond state borders. To set the stage for this exploration the chapter will start by looking at Carl Schmitt’s ideas about political friendship, and more specifically the way he imagines the relationship between ‘us’ in a political and constitutional sense and ‘the people’ in national and ethnoracial terms. The choice to begin with Schmitt is not arbitrary. His thoughts about the nature of the political association have found their way into the discourse of many radical right-wing parties of Western and Northern Europe.


1998 ◽  
Vol 15 (2) ◽  
pp. 129-137
Author(s):  
Sylvia J. Hunt

Although Muslim Communities in the New Europe is long and complex, it isnot obscure, and each of its sixteen chapters can be read as a separate entity. The contributors are seventeen academics from universities in various countries ofEastern and Western Europe, as well as the three editors who are based at threeEnglish universities. A short preface is followed by the first chapter, which isalso the first part of the book, appropriately titled “Themes and Puzzles.” Theremaining chapters examine selected countries individually in Eastern andWestem Europe in parts I1 and 111, respectively. Each chapter has helpful andclear endnotes, and a useful index is also included. Tables analyzing the Muslimpopulations in East European countries are given in chapter 2 and those ofBelgium and The Netherlands in chapter 10.In the Preface, the book is described as the “final outcome of a three-year project”to “produce a coherent comparative overview of. . . the role and positionof these Muslim communities.” The material was gathered from two internationalconferences on the subject and from researchers throughout Europe.Professor Gerd NoMeman modestly states: “This volume cannot claim to becomprehensive, but. . . it is hoped that it may contribute to a better understandingof the trends and dynamics involved, and provide the basis for further work.”Chapter 1 outlines the events leadiig up to the present general situation in thenew Europe. The continent is divided into (1) Eastern Europe, where, after thecollapse of Communism at the end of the 1980s. strong nationalist and religiousfeelings erupted; and (2) Western Europe, which, during a long economic recession,absorbed a sudden large influx of migrants from African and Asian countriessuffering serious political and economic upheaval.In parts I1 and 111 the contributors seek to answer a wide range of importantquestions concerning the relationship between Muslims and non-Muslims inEurope generally and between Muslims and non-Muslim governments in particular.How significant is the influence of history, the current economy, the originsof the Muslims and the level of their adherence to Islam, local and centralgovernment policies, local customs, international relations, public opinion, andso on? How does the reaction of the younger generation of Muslims to their situationcompare with that of their parents? Throughout the studies of the selectedcountries, the fear of the perceived loss of security and identity seems to beat the root of action and reaction by both Muslims and non-Muslims. How farcan the minority and majority societies adapt to each other without either sidelosing its identity and security? Possible solutions to the problems of integratingMuslims into non-Muslim societies are suggested by some of the contributors.Chapter 2 examines the links between religion and ethnicity in EasternEurope, where Islam has been “an indigenous presence for centuries.” AlthoughIslam is independent of race, color, and language, “around the fringes of theIslamic world” it is the basis of the identity of certain groups within nationalities,such as the Bosnian Muslims and Bulgarian Pomaks.The contributors then tackle one of the puzzles, that of how to define ethnicity.They descrike the current theories, which put varying emphasis on theobjective elements of kinship, physical appearance, culture, and language, andthe subjective elements, namely, the “feeling of community” and the “representationswhich the group has of itself” (p. 28) ...


ICR Journal ◽  
2015 ◽  
Vol 6 (4) ◽  
pp. 442-467
Author(s):  
Mohammad Hashim Kamali

The subject before us has acquired renewed significance in the aftermath of the September 2001 terrorist attacks, the tumult and violence that has been on the increase ever since, but also what followed the advent of the Arab Spring in many Muslim countries. Conflicts that engulf countries and communities rarely, if ever, end by clean endings. They leave behind a host of issues, including the urge to take revenge by the aggrieved parties - hence a vicious circle of violence follows. Post-conflict justice requires careful management, such that measure - for - measure justice may not be the right option in one’s quest to restore peace. The spirit of peace and willingness to give and take, admission of truth and forgiveness may be among the more effective means of healing and moving forward. What role, if any, is there in the midst of all this for Islam’s guidelines on repentance, amnesty and forgiveness is the main subject I address in the following pages. Amnesty, pardon and forgiveness are the means, in Islamic theology and law, as also in most other world traditions, of relieving someone from punishment, blame, civil liability or religious obligation. The same result is often achievable by recourse to certain other methods such as reconciliation, arbitration, and judicial order. This article focuses on an exposition of Islamic law provisions on amnesty (‘afwa). The fiqh positions explored here derive, for the most part, from the Qur’an (normative teaching), or Sunnah of the Prophet Muhammad, pbuh, and general consensus (ijma’) of scholars across the generations. Yet instances are found where fiqhi interpretations of the relevant scripture are reminiscent of historical settings and conditions of their time, which may, upon reflection, warrant further scrutiny and interpretation more in tune with the contemporary conditions of Muslims.


2012 ◽  
Vol 5 (2) ◽  
pp. 101-115
Author(s):  
Issam Aburaya ◽  
Issam Aburaya ◽  
Hisham Abu-Raiya

This essay provides an empirically grounded and theoretically informed examination of Israeli elites’ discourse on Islam, in general, and its conceptualization of the relationship between Islamic sacred texts and the political conduct of Muslims, in particular. It argues that the Israeli elites’ discourse, for the most part, is not only unhistorical and lacking in a sociological basis, but, most importantly, emphasizes Islamic religious texts while reducing their Muslim readers into uniquely choiceless beings. This conceptualization, we contend, leads to unnecessary and unjustifiable theoretical inconsistencies concerning the broader topic of the relationship between human agency and religious texts. We conclude by suggesting that the above mentioned Israeli discourse teaches us less about what Islam and Muslims ‘really are’ than it does about the Israeli self-idealized image as members of a secular western society and the desires and anxieties this image expresses and represses.


1997 ◽  
Vol 56 (1) ◽  
pp. 26-60 ◽  
Author(s):  
Purnima Mankekar

This article examines the discourses of the Indian state and of community élites during battles for the custody of a young Muslim girl, Ameena, who was ‘rescued’ from a marriage with an elderly Arab. The battles for Ameena's custody were fought as much in news reports, opinion columns, and letters to the editor of metropolitan and vernacular newspapers, as in courts. Questions were raised about Ameena's age, the viability of her marriage, the applicability of secular laws to Muslim communities, and the political economy of the sexuality of girl-children. In these representations, Ameena became a symbol of minority identity, and was transformed into an unwilling and unwitting object of protection. Why did Ameena's story attract so much attention? What were the different positions underlying the arguments made for Ameena's ‘protection’? Without dismissing the protection of children and the advocacy of their rights, this article analyses the agendas shaping the discourses of the Indian state and national and community élites during the battles for Ameena's custody. The article situates the controversies surrounding Ameena in the wider context of the increasing polarization between Hindu and Muslim communities in India in the early 1990s, and focuses on the relationship between notions of childhood and discourses of community, gender and nation. The article argues that there was a synecdochic relationship between the purity of girl-children and the purity of the Indian nation: far from being ‘pre-cultural’ or apolitical, discourses of childhood were profoundly implicated in the politics of gender, sexuality, community and nation. What are the implications of Ameena's predicament for feminist epistemology and praxis? In pointing to the ways in which feminist critiques of modernist regimes of power and knowledge can enable us to understand the multiple positionalities of children in the contemporary world, the article explores the spaces available for feminist theorists and activists to engage in a politics of vigilance and intervention with regard to the state's positions towards children.


Author(s):  
Cut Meurah Rahman ◽  
Ida Fitriana

This paper focuses on Pax-Ottomanica in a case study of the Millet System through multi ethnic and multi religious communities in the Ottoman Empire. In particular, the Millet System has successfully roamed people in Europe, Asia, and Africa for nearly 600 years. This paper also discusses Islamic law on the relationship between other religions such as Judaism and Christianity. This study uses a qualitative method with a whole literature approach. Based on the data analyzed, it was found that harmony occurs between fellow religious and ethnic people with the freedom to embrace their respective religions and maintain their respective cultures. This paper aims to analyze the state of the multi-ethnic and multi-religious society in the Ottoman Empire by providing various references from both Turkish and Western historians. In addition, this paper aims to introduce Ottoman-style freedom through this Millet system, which has succeeded in bringing all non-Muslim communities into one Ottoman commonwealth.


At-Tuhfah ◽  
2019 ◽  
Vol 8 (1) ◽  
pp. 39-56
Author(s):  
Shofa Robbani

“This paper deals with Islamic studies and the future of Islam. Firstly, Fazlur Rahman considers that neo-modernists have acknowledged that Western civilization is the only alternative for the future of the world. He revealed a fact that modernity in the West, ethics, and law is able to develop as an independent discipline with secularism method. On the contrary, Islamic ethics was never developed as an independent discipline based on the systematic interpretation methodology of the Qur'an. Secondly, Rahman mentions the orthodoxy of Islamic thought on the obsolete methodology, such as qiya>s, must be reconstructed with a new methodological approach, such as mas}lah}at, so that, the elasticity of Islamic law is able to provide solutions to all contemporary problems. In addition, Rahman highlighted the impact of the hegemony of Western civilization on the mindset and lifestyle of Muslim communities that can be seen in a variety of new situations that are full of complexity. Actually, he wants to create synergy between Muslim and non-Muslim intellectuals and can work together between them. In discussing the development of Islamic intellectualism, he said that something that was desired primarily was to understand the Qur'an with the historical background and new interpretations.”


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