Contextualizing Arguments about Female Ritual Leadership (Women Im?ms) in Classical Islamic Sources

2011 ◽  
Vol 5 (1) ◽  
pp. 5-32 ◽  
Author(s):  
Simonetta Calderini
Keyword(s):  
Legal Theory ◽  
Ninth Century ◽  
Actual Practice ◽  
Legal Case ◽  
Legal Arguments ◽  
Muslim Scholars

This article focuses on legal arguments by medieval Muslim scholars concerning the permissibility of the im?ma of a woman for a mixed congregation ?al?t. In particular, the legal and theological context is discussed of three ninth century scholars who, unusually, did not consider invalid the prayer of a man when he is led by a woman. Some scholars quoted the ?ad?th of Umm Waraqa in support of women imams. It is argued that, beyond the historicity of Umm Waraqa herself, her precedent was used as a legal “case.” This, however, should be taken as evidence of legal theory rather than actual practice.

"Do Not Enter Houses Other Than Your Own": the Evolution of the Notion of a Private Domestic Sphere in Early Sunnī Islamic Thought

2004 ◽  
Vol 11 (3) ◽  
pp. 291-332 ◽  
Author(s):  
Eli Alshech
Keyword(s):  
Property Rights ◽  
Ninth Century ◽  
Legal Protection ◽  
Domestic Sphere ◽  
Instrumental Approach ◽  
Islamic Thought ◽  
Over Time ◽  
Comprehensive Study ◽  
Muslim Scholars

AbstractThis article is the first comprehensive study of the conceptions of domestic privacy articulated by early sunnī Muslim jurists. Focusing on exegetical and legal sources composed between the seventh and thirteenth centuries CE, I argue, first, that Muslim scholars regarded privacy as a legal category. Second, I demonstrate that notions of privacy developed over time: most scholars living within the first two centuries AH associated privacy with property rights, granting legal protection to assertions of privacy only if violations of privacy entailed an infringement of property rights; by contrast, scholars from the ninth century onwards developed privacy into a separate legal category, protecting it even when no property rights were violated. Finally, I argue that most Muslim scholars adopted an instrumental approach to privacy, which they viewed not as an end unto itself but rather as a means to promote a viable society, to prevent their community from disintegrating, and, ultimately, to ensure the Islamic nature of Society.

Actual Causality

2017 ◽  
Author(s):  
Joseph Y. Halpern
Keyword(s):  
Program Verification ◽  
Causal Explanation ◽  
Structural Equations ◽  
Language Usage ◽  
Causal Explanations ◽  
Actual Causation ◽  
Legal Case ◽  
The World ◽  
Legal Arguments ◽  
Definition Of

Causality plays a central role in the way people structure the world; we constantly seek causal explanations for our observations. But what does it even mean that an event C “actually caused” event E? The problem of defining actual causation goes beyond mere philosophical speculation. For example, in many legal arguments, it is precisely what needs to be established in order to determine responsibility. The philosophy literature has been struggling with the problem of defining causality since Hume. In this book, Joseph Halpern explores actual causality, and such related notions as degree of responsibility, degree of blame, and causal explanation. The goal is to arrive at a definition of causality that matches our natural language usage and is helpful, for example, to a jury deciding a legal case, a programmer looking for the line of code that cause some software to fail, or an economist trying to determine whether austerity caused a subsequent depression. Halpern applies and expands an approach to causality that he and Judea Pearl developed, based on structural equations. He carefully formulates a definition of causality, and building on this, defines degree of responsibility, degree of blame, and causal explanation. He concludes by discussing how these ideas can be applied to such practical problems as accountability and program verification.

scholarly journals Sīrah Of The Prophet’s Early Life In Musnad of Aḥmad: An Analytical Study Of Qurʿānic References In Sīrah Nabawiyyah

2017 ◽  
Vol 9 (3) ◽  
Author(s):  
Ahmad Sanusi Azmi
Keyword(s):  
Early Life ◽  
Analytical Study ◽  
Ninth Century ◽  
Source Of Information ◽  
Muslim Scholars

Reviews of early Muslim sources confirm that some verses of the Qur’ān have been perceived by Muslim scholars as direct references to the narratives of the Prophet’s early life. These selected verses are deemed to contain information about Muḥammad’s genealogy, birth, childhood and other aspects of his youth.  Modern scholars have, however, argued about the appropriateness and authority of these Qur’ānic references as being the true bearers of information of the Prophet’s biography. Since the ḥadīth is regarded as an authoritative exegetical tool employed to explore more deeply the meaning of the Qur’ān, and one of which contains a vast source of information about the Prophet’s life, it is indispensable to analyse the works of ḥadīth and its scholars’ views on the narratives of sīra nabawiyya. This study aims to explore the narratives of the Prophet’s early life in Musnad of Aḥmad and analyse Aḥmad’s perspective regarding Quranic references to the Prophet’s early life. The study is qualitative in nature in which the researcher utilised both critical and analytical approached as its methodology. The study in its finding espouses that the rarity of Qur’ānic reference to Muḥammad’s early life in Musnad of Aḥmad, an enormous inventory of ḥadīth of the ninth century, indicates one scholar’s views about Muḥammad’s early life. It is obvious that Aḥmad make no connection between the Quran and the narratives of the Prophet’s early life, even though verses that are widely used by the author of sīra as an allusion to Muḥammad’s early life.

Argumenty i rozumowania prawnicze w konstytucyjnym państwie prawa: Komentarz

2021 ◽  
Author(s):  
Andrzej Grabowski
Keyword(s):  
Latin American ◽  
Interdisciplinary Research ◽  
Constitutional Law ◽  
Legal Theory ◽  
Legal Reasoning ◽  
Legal Argumentation ◽  
Norms And Values ◽  
Legal Arguments ◽  
Latin American Countries

LEGAL ARGUMENTS AND REASONING IN THE CONSTITUTIONAL LAW-GOVERNED STATE: THE COMMENTARY The interdisciplinary research on legal argumentation presented in this volume, entitled Legal Arguments and Reasoning in the Constitutional Law-governed State: The Commentary (edited by Monika Florczak-Wątor and Andrzej Grabowski), is primarily inspired by the theory of constitutional law-governed state developed in Italy, Spain, and Latin American countries, by scholars proposing doctrines of positivist or postpositivist constitutionalism and neoconstitutionalism. As explained by Andrzej Grabowski in the “Introduction” [pp. 23–29], the theory is focused first and foremost on legal reasoning as it is conducted in the process of judicial law application and with particular stress on how it is affected by constitutional norms and values. Legal theory on its own does not seem to possess sufficient means to examine legal reasoning in constitutional law-governed states adequately—such an endeavour might be done far better with the help of dogmatics of constitutional law. Hence, this commentary on 91 arguments, topoi, and legal reasoning schemata result from the research team’s joint efforts composed of 18 legal theorists and constitutionalists.

scholarly journals Kritis Cendikiawan Muslim Terhadap Penafsiran Quraish Shihab Tentang Jilbab

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Nandra Sagitarius ◽  
Tjeptjep Suhandi
Keyword(s):  
Female Body ◽  
Legal Arguments ◽  
The Veil ◽  
Religious Establishment ◽  
Muslim Scholars

Abstract: The Qur'an interpreter Quraish Shihab provide conclusions and different interpretations of the religious establishment in providing legal arguments about the veil. He said that the head is not the nakedness because he thinks that the provisions will limit tolerable from the genitalia or female body is zhanniy not qathi ', in addition to the Qur'anic verse provides no details clearly and forcefully about the limits of the genitalia, such as what is mentioned in the Qur'an Surah An-Nur verse 31 and Surah Al-Ahzab verse 59. from these different thoughts, arise wide criticism from Muslim scholars to the thought of Quraish Shihab.Keywords: Criticism, Interpretation, HijabAbstrak: Penafsir Alquran Quraish Shihab memberikan kesimpulan dan penafsiran yang berbeda dari kebanyakan ulama dalam memberikan argumentasi hukum tentang jilbab. Ia mengatakan bahwa kepala bukan aurat karena menurutnya bahwa ketetapan hukum tentang batas yang ditoleransi dari aurat atau badan wanita bersifat zhanniy bukan qathi’, selain ayat Alquran tidak memberikan rincian secara jelas dan tegas tentang batas aurat, seperti apa yang disebutkan dalam Alquran Surat An-Nur ayat 31 dan Surat Al-Ahzab ayat 59. Dari pemikiran yang berbeda ini, timbul ragam kritik dari cendekiawan muslim terhadap pemikiran Quraish Shihab.Kata Kunci: Kritik, Penafsiran, Jilbab

5. Understanding Legal Reasoning

2019 ◽  
pp. 127-159
Author(s):  
James Holland ◽  
Julian Webb
Keyword(s):  
Legal Theory ◽  
Legal Reasoning ◽  
Specific Process ◽  
Theoretical Construction ◽  
Legal Arguments ◽  
Legal Contexts ◽  
The Way

This chapter focuses on legal reasoning more conceptually. It aims to develop a deeper understanding of what is involved in legal reasoning within the process of adjudication, focusing on how legal arguments seek to provide justification for specific decisions, and to help to predict the form of argument that judges may prefer. Legal reasoning is presented first as a theoretical construction, on which there is much debate, then as a specific process. The chapter explores the philosophical territory of legal theory or jurisprudence, examining the theories that underpin legal reasoning and the way that reasoning techniques are employed in legal contexts.

A responsibility to reality: a reply to Louise Arbour

2010 ◽  
Vol 36 (S1) ◽  
pp. 47-54 ◽  
Author(s):  
STEPHANIE CARVIN
Keyword(s):  
Moral Responsibility ◽  
International Society ◽  
Responsibility To Protect ◽  
Legal Responsibility ◽  
Duty Of Care ◽  
Legal Problem ◽  
International Crises ◽  
Legal Case ◽  
Legal Arguments

AbstractLouise Arbour presents a pleasant picture of international society in her article on ‘Responsibility to protect’ (R2P) as a ‘duty of care’ – one where states not only have a moral responsibility but also a legal responsibility to intervene in some of the worst situations on the planet. However, this argument is misleading and based on faulty legal assumptions which pose significant problems for Arbour's case. This response will argue that upon examination, Arbour's legal case is not very strong or persuasive. Even more importantly, even if we accepted Arbour's legal arguments, it would not make much of a difference to how states respond to international crises. Arbour seems to misunderstand that the problems facing R2P have always been those of ‘will’ and not law – and this must be understood as a political rather than legal problem.

scholarly journals Demarcation BUMN: Between Private Laws and Public Laws

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 303
Author(s):  
Indah Cahyani ◽  
Tatiek Sri Djatmiati
Keyword(s):  
Research Methods ◽  
Legal Theory ◽  
Public Law ◽  
Legal Philosophy ◽  
Private Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Case ◽  
State Finance ◽  
Sense Of Justice

The article titled “BUMN between Private Law and Public Law” aims to find the best solution for crossing the position of BUMN that meets in it two different legal regimes namely private law and public law in Indonesia. Until now it has not been found yet, the most appropriate measure to differentiate BUMN/BUMD is subject to state finance or whether it is subject to the private financial system. Law Number 17 of 2003 concerning state finance has a strong public law nuance representing Hobbes's thinking, while Law Number 19 of 2003 concerning BUMN is stronger in the spirit of private law which represents Grotius' ideas, the problem that arises, namely how to resolve the law dogmatically fairly between the two laws that contain the opposite spirit. The article uses normative legal research methods with a conceptual approach, a statutes approach and a legal case approach. This research resulted in recommendations for the use of legal philosophy as a meta theory for legal theory to be the settlement of the meeting point to find an equilibrium that fulfills a sense of justice.

Islamic Philosophy: Past, Present and Future

2014 ◽  
Vol 74 ◽  
pp. 265-321 ◽  
Author(s):  
Ali Paya
Keyword(s):  
Present State ◽  
Ninth Century ◽  
Historical Survey ◽  
Paper Briefly ◽  
Islamic Philosophy ◽  
Philosophical Thought ◽  
The Past ◽  
The Future ◽  
Muslim Scholars

AbstractThe aim of this paper is to critically assess the present state of Islamic philosophy in its main home, namely, Iran. However, since such a study requires some knowledge of the past developments of philosophical thought among Muslims, the paper briefly, though critically, deals with the emergence and subsequent phases of change in the views of Muslim philosophers from ninth century onward. In this historical survey I also touch upon the role played by other Muslim scholars such as theologians, mystics and jurists, in shaping Islamic philosophy. The last section of the paper, deals, not in great details, with one or two possible scenarios for the future of Islamic philosophy.

scholarly journals Why Muslims Will Always Sacrifice Animals on the Eid

2013 ◽  
Vol 30 (1) ◽  
pp. i-vi
Author(s):  
Zakyi Ibrahim
Keyword(s):  
Actual Practice ◽  
Animal Sacrifice ◽  
Muslim Scholars ◽  
The Way

Recently, blogger Anila Muhammad posted “Should Muslims Reconsider AnimalSlaughter on Eid?” on the Canadian edition of the Huffington Post.1 Sheclaims that some animal advocates are asking this question. Of course it is anactivist’s right to raise such an issue, even though it could be offensive to practicingMuslims. In reality, however, the majority of Muslims neither know ofsuch a proposal, nor would they consider its possibility. Boldly claiming thatsome Muslims are calling “for an end to animal sacrifice,” she cites these “notableanimal advocates” and, full of passion and confidence, states that “manyMuslims do not see the tradition of sacrifice to be serving ‘their understandingof Islam.’” Intriguingly, she cites several Qur’anic verses and presents herown understanding of them – an understanding that happens to contrastsharply with the widely accepted narrative of Muslim scholars who base themselveson the Prophet’s actual practice and understanding.Although she presents the arguments from several perspectives (viz., intellectual,religious, social, and economic), I suggest that instead of “pretending”to know the Qur’an and Islamic worldview, she should have stuck withher activist perspective and thus avoided a response from Islamic intellectuals.But the way these activists keep citing the Qur’an to legitimize their argumentsand claiming to know better what Muslims should do not only suggests littlefamiliarity with Qur’anic content, but also exposes them to a rigorous and faircriticism from real scholars of the Qur’an and Islam ...

Sign in / Sign up

Export Citation Format

Share Document