Islam and War: Tradition versus Modernity

2010 ◽  
Vol 4 (1-2) ◽  
pp. 181-212
Author(s):  
Joseph S Spoerl
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Classical Scholar ◽  
Law Of War ◽  
Critical Method ◽  
Entire World ◽  
Modernist Project ◽  
Early Islamic ◽  
Muslim Scholars

Islamic thinking on war divides roughly into two main schools, classical and modern. The classical (or medieval) view commands offensive war to spread Islamic rule ultimately across the entire world. The modernist view, predominant since the nineteenth century, limits war to defensive aims only. This paper compares the views of two important Muslim scholars, the classical scholar Ibn Ishaq (d. 767) and the modernist scholar Mahmud Shaltut (d. 1963). This comparison reveals that the modernist project of rethinking the Islamic law of war is a promising though as-yet-unfinished project that can benefit from the insights of Western scholars applying the historical-critical method to the study of early Islamic sources.

Early Islamic Jurisprudence in Egypt: Two Scholars and Their Mukhtaṣars

1998 ◽  
Vol 30 (2) ◽  
pp. 167-182 ◽  
Author(s):  
Jonathan E. Brockopp
Keyword(s):  
North Africa ◽  
Islamic Law ◽  
Transition Period ◽  
Formative Period ◽  
School Students ◽  
Recent Scholarship ◽  
Islamic Jurisprudence ◽  
Legal Texts ◽  
Early Islamic ◽  
Muslim Scholars

Recent scholarship on the manuscript libraries of North Africa has substantially increased the amount of literature available for analysis of the formative period in Islamic law, particularly for the nascent Malikite school. Students of Islamic law are now in a position, for instance, to begin a re-assessment of the 9th century, the vital transition period between the ancient schools of the 7th and 8th centuries, and the establishment of the classical schools in the 10th and 11th centuries.1 Not only will these new texts make the process of establishment of the classical schools clearer, they will also provide a much stronger basis for the study of earlier centuries, throwing into question the canonical status that has been granted to early legal texts by Western and traditional Muslim scholars alike.

Theorizing Charismatic Authority in Early Islamic Law*

2007 ◽  
Vol 1 (2) ◽  
pp. 129-158
Author(s):  
Jonathan E. Brockopp
Keyword(s):  
Dynamic Model ◽  
Islamic Law ◽  
Religious Traditions ◽  
Islamic Studies ◽  
Long Line ◽  
Charismatic Authority ◽  
Early Islamic ◽  
Do So

In Islamic Studies, charisma has usually been reserved for the study of marginalized individuals. I argue here that charisma may also be applied to leadership among legal scholars. To do so, I join a long line of scholars who have modified Max Weber’s initial insights, and put forth a new, dynamic model of charismatic authority. The purpose of my model is to account for the fact that religious histories emphasize the uniqueness of the originating charismatic event, be that Prophet Muhammad’s revelations, Jesus’ theophany or the Buddha’s enlightenment, while at the same time recognizing that the charismatic cycle never quite ends. In contrast with Weber, I argue that charismatic authority in religious traditions is best understood as a network of influence and interaction through which the routinization of charisma reinterprets and redefines the meaning of the originating charismatic event.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

Muslim Contributions to the History of Religions

1991 ◽  
Vol 8 (3) ◽  
pp. 409-421
Author(s):  
Ghulam-Haider Aasi
Keyword(s):  
Nineteenth Century ◽  
Middle Ages ◽  
Comparative History ◽  
History Of Religions ◽  
History Of ◽  
Muslim Spain ◽  
Muslim Scholars ◽  
The Middle Ages

History of Religions in the WestA universal, comparative history of the study of religions is still far frombeing written. Indeed, such a history is even hr from being conceived, becauseits components among the legacies of non-Western scholars have hardly beendiscovered. One such component, perhaps the most significant one, is thecontributions made by Muslim scholars during the Middle Ages to thisdiscipline. What is generally known and what has been documented in thisfield consists entirely of the contribution of Westdm scholars of religion.Even these Western scholars belong to the post-Enlightenment era of Wsternhistory.There is little work dealing with the history of religions which does notclaim the middle of the nineteenth century CE as the beginning of thisdiscipline. This may not be due only to the zeitgeist of the modem Wstthat entails aversion, downgrading, and undermining of everything stemmingfrom the Middie Ages; its justification may also be found in the intellectualpoverty of the Christian West (Muslim Spain excluded) that spans that historicalperiod.Although most works dealing with this field include some incidentalreferences, paragraphs, pages, or short chapters on the contribution of thepast, according to each author’s estimation, all of these studies are categorizedunder one of the two approaches to religion: philosophical or cubic. All ofthe reflective, speculative, philosophical, psychological, historical, andethnological theories of the Greeks about the nature of the gods and goddessesand their origins, about the nature of humanity’s religion, its mison dsttre,and its function in society are described as philosophical quests for truth.It is maintained that the Greeks’ contribution to the study of religion showedtheir openness of mind and their curiosity about other religions and cultures ...

scholarly journals The Reception of Petrarch’s Africa in Fascist Italy

2021 ◽  
Author(s):  
Samuel Asad Abijuwa Agbamu
Keyword(s):  
Nineteenth Century ◽  
Roman Empire ◽  
Fourteenth Century ◽  
Critical Edition ◽  
Classical Scholar ◽  
Italian Fascism ◽  
Second Punic War ◽  
History Of ◽  
History Of Literature

AbstractIn his 1877 Storia della letteratura (History of Literature), Luigi Settembrini wrote that Petrarch’s fourteenth-century poem, the Africa, ‘is forgotten …; very few have read it, and it was judged—I don’t know when and by whom—a paltry thing’. Yet, just four decades later, the early Renaissance poet’s epic of the Second Punic War, written in Latin hexameters, was being promoted as the national poem of Italy by eminent classical scholar, Nicola Festa, who published the only critical edition of the epic in 1926. This article uncovers the hitherto untold story of the revival of Petrarch’s poetic retelling of Scipio’s defeat of Hannibal in Fascist Italy, and its role in promoting ideas of nation and empire during the Fascist period in Italy. After briefly outlining the Africa’s increasing popularity in the nineteenth century, I consider some key publications that contributed to the revival of the poem under Fascism. I proceed chronologically to show how the Africa was shaped into a poem of the Italian nation, and later, after Italy’s invasion of Ethiopia, of Italy’s new Roman Empire. I suggest that the contestations over the significance of the Africa during the Fascist period, over whether it was a national poem of Roman revival or a poem of the universal ideal of empire, demonstrate more profound tensions in how Italian Fascism saw itself.

scholarly journals Sayyid Mumtaz Ali and ‘Huquq un-Niswan’: An Advocate of Women's Rights in Islam in the Late Nineteenth Century

1990 ◽  
Vol 24 (1) ◽  
pp. 147-172 ◽  
Author(s):  
Gail Minault
Keyword(s):  
Nineteenth Century ◽  
Women's Rights ◽  
Islamic Law ◽  
Late Nineteenth Century ◽  
Women’S Rights ◽  
Third Place ◽  
Late Nineteenth

Sometime in the late 1890s, Sayyid Mumtaz Ali visited Aligarh and happened to show Sir Sayyid Ahmad Khan the manuscript of his treatise in defense of women's rights in Islamic law, Huquq un-Niswan. As he began to read it, Sir Sayyid looked shocked. He then opened it to a second place and his face turned red. As he read it at a third place, his hands started to tremble. Finally, he tore up the manuscript and threw it into the wastepaper basket. Fortunately, at that moment a servant arrived to announce lunch, and as Sir Sayyid left his office, Mumtaz Ali snatched his mutilated manuscript from the trash. He waited until after Sir Sayyid's death in 1898, however, to publish Huquq un-Niswan.

The implications of, and opposition to, the methods and theories of John Wansbrough1

1997 ◽  
Vol 9 (1) ◽  
pp. 3-22 ◽  
Author(s):  
Herbert Berg
Keyword(s):  
Methodological Approach ◽  
The Political ◽  
Salvation History ◽  
Early Islam ◽  
Per Se ◽  
Early Islamic ◽  
Muslim Scholars

This article serves as an introduction to Wansbrough's methods and theories for the study of the Qur¸dn, its Tafsīr, the Sīra, and other early Islamic texts. Muslim and most non-Muslim scholars work within essentially the same framework: one which reads the literature of early Islam as history. Wansbrough has demonstrated that what these sources provide is not history per se, but salvation history, and that methods appropriate for the study of this genre are not source critical but literary critical. Through the application of these methods Wansbrough has postulated theories, which, if correct, radically alter our understanding of Islamic origins. Islamicists have tended to fixate on these theories at the expense of the methodological approach from which they are derived. Judging by the arguments raised thus far by these opponents of Wansbrough, I suggest that their aversion to his work stems as much from the unwillingness of Islamicists to accept the uncertainty inherent in his methods and the political incorrectness associated with his theories as from their theoretical conservatism and methodological naivete.

scholarly journals Pemikiran Abdullah An-Na`Im Tentang Teori Evolusi Syari`Ah (Nasakh) Dan Relevansinya Dengan Metode Istinbath Hukum Islam

2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Dwi Sagita Akbar ◽  
Busyro Busyro ◽  
Afifi Fauzi Abbas
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Legal Issues ◽  
High Complexity ◽  
Classical Scholar ◽  
Contemporary Islam

<em>In order to offer a transformative discourse Abdullah Ahmad An-Na'im build a method he called with the evolution of Shari'ah (abrogated). According to him the method can respond to contemporary issues at this time. Because he assumed that abrogating is one of the principal methods and has a wide and high complexity in theology and fiqh (jurisprudence) of Islam. He tries to deconstruct abrogated method and also some methods of ijtihad that had been considered settled by the classical scholar. Abdullah Ahmad An-Na'im radically have done repeated studies against the epistimologi Islamic law as well as the mereformulasi return and customize it with the standard of human rights as well as international law as a benchmark. The method developed by Abdullah Ahmad An-Na'im, he stated three important things that need to be done to realize the abrogating. Text, values of humanity, and logic. He also overestimated human rights, so that a text (paragraph) may be enforced in accordance with human rights. In order to answer the legal issues of contemporary Islam.   </em>

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