scholarly journals Islamic Biomedical Ethics

2009 ◽  
Vol 26 (4) ◽  
pp. 111-113
Author(s):  
Norman K. Swazo
Keyword(s):  
Democratic Governance ◽  
Biomedical Ethics ◽  
Ethical Standard ◽  
Islamic Ethics ◽  
Ethical Foundation ◽  
Moral Conduct ◽  
Ethical Inquiry ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
Per Se

Immediately distinctive of Sachedina’s approach to biomedical ethics is hisconception of the Shari`ah as an integrated legal-ethical tradition: TheQur’an provides jurists with moral underpinnings of religious duty, and thegrounding texts are to be taken as an ethical standard of conduct. Legal rulingsare to be extracted accordingly. In short, the Islamic juridical tradition(usul al-fiqh) presupposes ethics.Sachedina argues for an ethical foundation – a strong epistemologicalclaim– and concerns himself with conceptual bases ofmoral reasoning ratherthan with juridically derived judgment per se. He elucidates deontologicalteleologicalprinciples that are “cross-culturally communicable” yet appreciativeof “situational exigencies.” In contrast to the juridical objective ofissuing legal opinions (fatwas), bioethical pluralism motivates Sachedina’spreference for recommended moral conduct (tawsiyah). He therefore movesaway from the tendency of some scholars to conceive of bioethics merely as“applied Islamic jurisprudence.”The author’s epistemic and hermeneutic commitment commends hiswork, given the two facts that he identifies: (1) informed public debate oncritical issues of biomedical ethics within Islam is lacking, relative to thedegree of democratic governance, and (2) the epistemological and ontologicalbases of ethical inquiry remain underdeveloped in the Muslim seminariancurriculum. Consequently, there is a critical need to demonstrate toreligious scholars that Islamic ethics have much in common with secularbioethics and thus that an opportunity for dialogue exists ...

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

scholarly journals Meta-ethics: A Quest for an Epistemological Basis of Morality in Classical Islamic Thought

2017 ◽  
Vol 1 (1-2) ◽  
pp. 29-50 ◽  
Author(s):  
Mariam al-Attar
Keyword(s):  
Moral Values ◽  
Normative Ethics ◽  
Divine Command ◽  
Divine Command Theory ◽  
Human Reason ◽  
Ethical Foundation ◽  
Islamic Thought ◽  
Islamic Jurisprudence ◽  
Ethical Presuppositions ◽  
Epistemological Basis

The aim of this article is to critique the meta-ethical foundation of the purposes of law theory (maqāṣid al-sharīʿa). It starts by introducing the Ashʿarite meta-ethics, and in two sub-sections briefly elucidates the perceived relation between meta-ethics and normative ethics and the relation between ethics, Islamic jurisprudence (uṣūl al-fiqh) and speculative theology (ʿilm al-kalām). The article examines the meta-ethical presuppositions of the Qurʾan, arguing that Qurʾanic ethics allows for rethinking the meta-ethical foundation of themaqāṣid,since it accepts objective moral values and allows for moral epistemology that is based on reason. The last and the longest section of the article develops arguments that would admit human reason in formulating themaqāṣidand suggests that this requires a different ethical foundation, one that is closer to the Muʿtazilite conception of morality. The arguments are based on the work of some classical and contemporary scholars who have noted the contradiction in the traditionalmaqāṣidtheory, and on the views of those scholars whose ethical views and principles expressed an understanding of morality that contradicts with ethical voluntarism or ‘divine command theory’ in ethics. The theory ofmaqāṣidis here clearly presumed to be a normative one rather than simply descriptive.

scholarly journals CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

2018 ◽  
Vol 1 (4) ◽  
pp. 158-165
Author(s):  
Yuliya Nadtochey
Keyword(s):  
Case Law ◽  
National Government ◽  
Constitutional Courts ◽  
Legal Opinions ◽  
International Obligations ◽  
Per Se ◽  
The Relationship ◽  
Legal Opinion

The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.The methodology of this research consists of universal methods (such as analysis, synthesis, comparison) and jurisprudence-specific methods.In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.

scholarly journals Wife’s right to her husband’s property that is disputed by them both

2021 ◽  
Vol 5 (S4) ◽  
pp. 2161-2167
Author(s):  
Khobaib Ali Saeed Salem ◽  
Salah Mohamed Moustafa Moustafa Elbahrawi ◽  
Ragab Abou Melih Mohamed Soliman ◽  
Ahmed Fathi Ramdan Abdelgayed
Keyword(s):  
Research Study ◽  
Marital Relationship ◽  
Research Problem ◽  
Comparative Approach ◽  
Applied Method ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

This research study addresses the perspective of Islamic jurisprudence on the right established for a wife in her husband’s property that is disputed by them both, especially after termination of their marital relationship. The research problem lies in that many women, upon their separation from their husbands, believe that their husbands’ financial welfare was only a result of their own assistance in undertaking marital responsibilities. This research study attempts to answer the question raised in such cases: What are the rights established for women against their husband in case they claim so?. The study seeks to highlight the objectives of the Shar?‘?h behind marriage and legalization of divorce, and to illustrate the established as a woman’s right in her husband’s property which she should have shared with him or substituted him in managing, through different considerations. The significance of the study lies in the emergent need for investigating it due to contemporary occurrences. This study builds on a descriptive and deductive comparative approach, along with a referential and applied method based on the juristic maxims and Shar?‘?h objectives, drawing only on preponderant legal opinions; outweighed views and their proofs are not mentioned in this study.

Piracy in Ottoman Islamic Jurisprudence

2017 ◽  
Author(s):  
Joshua M. White
Keyword(s):  
Seventeenth Century ◽  
Islamic Law ◽  
Theory And Practice ◽  
Legal Questions ◽  
Islamic Jurisprudence ◽  
Legal Opinions

This chapter examines the legal opinions (Arabic: fatwa, Turkish: fetva) issued by the chief Islamic legal authorities of the empire (şeyhülislam) concerning maritime violence and explores the implications of their rulings for judges and litigants throughout the empire and for the corsairs based on its margins. Drawing on research in sixteenth- and seventeenth-century fetva collections, the chapter establishes the kinds of legal questions that piracy and captivity posed for the Ottomans and how they were answered as the intensity, frequency, and focus of Mediterranean piracy mutated in sometimes alarming ways. Showing how secular, interstate, and Islamic law were harmonized through fetvas, the chapter lays the groundwork for the subsequent analysis of the convergence of theory and practice in Ottoman courts.

A DEVOTIONAL THEORY OF LAW: EPISTEMOLOGY AND MORAL PURPOSE IN EARLY ISLAMIC JURISPRUDENCE

2016 ◽  
Vol 31 (1) ◽  
pp. 42-69 ◽  
Author(s):  
Omar M. Farahat
Keyword(s):  
Ad Hoc ◽  
Eleventh Century ◽  
Moral Motivation ◽  
Social Regulation ◽  
Case Formulation ◽  
Moral Purpose ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Law ◽  
Early Islamic

AbstractThe question of the sources of legal normativity continues to haunt legal theorists to this day. While it is largely uncontroversial that modern legal systems claim to produce normative propositions, whether or not there are independent reasons to obey the law remains a contested issue. Those views, as varied as they may be, appear to largely agree that the law is a social phenomenon of definite ontological presence. In this article, I argue, through an analysis of the theories of three prominent ninth- to eleventh-century Muslim jurists, that early Muslim theories of lawmaking did not incorporate any ontologically coherent concept of law. Rather, lawmaking was understood as the case-by-case formulation of legal opinions by individual jurists who were presumed to be driven by the same moral drive, and therefore occupy the same moral order, as all subjects of law. In spite of this ad hoc epistemological view, Islamic jurisprudence conceived of legal pronouncements as fully normative. The normativity of those unstructured ad hoc individual pronouncements, I maintain, is the result of the centrality of moral purpose to early Muslim theories of law. It was the presumption of a common moral drive that gave the legal system structural coherence and allowed the advancement of those pronouncements as normative claims. Whereas recent historical and anthropological work shows that moral motivation was central to the manner in which sharīʿa operated as a system of social regulation, this article argues, along the same lines, that the pietistic drive was both conceptually and structurally indispensable for the normative coherence of early Islamic jurisprudence.

Prostitution, Islamic Law and Ottoman Societies

2012 ◽  
Vol 55 (1) ◽  
pp. 117-152 ◽  
Author(s):  
James E. Baldwin
Keyword(s):  
Islamic Law ◽  
Legal Practice ◽  
Legal Writing ◽  
Islamic Jurisprudence ◽  
Legal Opinions

AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provinces of Egypt and Syria between the mid-sixteenth and mid-eighteenth centuries.

scholarly journals An Analysis of Islamic Jurisprudence (Fiqh) as Applied Islamic Ethics

ICR Journal ◽  
2014 ◽  
Vol 5 (2) ◽  
pp. 183-203
Author(s):  
Ahmad Badri Abdullah
Keyword(s):  
Ethical Dimension ◽  
Islamic Ethics ◽  
New Approach ◽  
Ethical Approach ◽  
Islamic Jurisprudence ◽  
New Methodologies ◽  
New Challenges ◽  
Historical Developments

As the dynamic cognitive part of the Shari’ah, fiqh is inclined to adapt to new challenges by adopting new methodologies and approaches. One such approach that has emerged recently is ‘applied Islamic ethics’. This new ethical approach is essentially based on the principles of the higher objectives of Shari’ah (maqasid al-Shari’ah) and attempts to anchor Islamic jurisprudence in its ethical dimension, which has been significantly neglected for some time. This article attempts to analyse the new approach by surveying its historical developments, its possible methodologies, the benefits emanating from its application and the possible challenges it needs to face.  

Ethnicity and Civil Society in Contemporary Afghanistan

2005 ◽  
Vol 59 (1) ◽  
pp. 31-51 ◽  
Author(s):  
Carol J. Riphenburg
Keyword(s):  
Civil Society ◽  
Ethnic Groups ◽  
Conceptual Models ◽  
Democratic Governance ◽  
Critical Question ◽  
The North ◽  
Central Asian ◽  
International Donor ◽  
Per Se ◽  
Ethnicity And Politics

This article focuses on the critical question of ethnicity and politics in Afghanistan. It examines current conceptual models of ethnicity and their application to present-day political affairs in the country. Research shows that it is not the presence of ethnic groups per se that leads to violence or instability but the absence of civil society and democratic governance and norms. Lessons may be drawn from Afghanistan's neighbors to the north. These Central Asian nations present cases of emerging civil societies, which are fragile, fragmented, and strongly influenced by the international donor community. After 23 years of war in Afghanistan, repression and neglect have had a devastating effect on civil society.

scholarly journals Kalām in the crossfire: A historical survey of the legitimacy of the study of theology within the Sunni school of Islam

2021 ◽  
Vol 77 (4) ◽  
Author(s):  
Nafiseh F. Moghaddas ◽  
Sayyid M. Yazdani
Keyword(s):  
Historical Development ◽  
Negative Attitude ◽  
Religious Studies ◽  
Present Form ◽  
Historical Survey ◽  
Learning And Teaching ◽  
Islamic Jurisprudence ◽  
Per Se ◽  
Islamic Faith ◽  
The Impact

The aim of this article is to briefly introduce and to examine the views of the founders of the four Sunni schools of Islamic jurisprudence (namely, Abū Hanīfa Nuʻmān ibn Thābit, Mālik ibn Anas, Muhammad ibn Idrīs al-Shāfʻī, and Ahmad ibn Hanbal) and that of their renowned students and followers, regarding the legitimacy of engaging in the study of Islamic doctrinal beliefs or Kalām. Different, and often conflicting, views have been postulated on this matter. Some Sunni thinkers have condemned the pursuit of theology as an act of heresy and denounced its practitioners as apostates. Other Sunni thinkers have extolled this discipline as the noblest of sciences whose learning and teaching are, at least under certain circumstances, incumbent. This fundamental dispute regarding the legitimacy of the discipline of theology has resulted in a rather contentious and opaque scholarly environment. In addition to the inherent importance of the discipline of theology as such, the significance of this dispute is compounded by the impact that the attitude one adopts toward this discipline can have on the development of the intellectual and rational aspects of Islam. A negative attitude toward theology, for example, can hamper the application of rational elements to Islamic doctrine. Our focus in this article is on analysing the views of the leading thinkers and jurists of the Sunni school and investigating the most authoritative sources of doctrinal tradition within this major denomination of Islam. Our study leads us to conclude that the disapproving views of the preeminent Sunni figures should be construed, not as a denunciation of the discipline of theology per se, but as a refutation of certain theological principles and persuasions that are viewed as incompatible with orthodox Islamic faith. In addition to and preceding that conclusion, this article provides a survey of the literature concerning the views of Muslim scholars on the legitimacy of Kalām. After categorising these views into the two opposite camps of Kalam’s legitimacy and illegitimacy, the article then proceeds to evaluate and critically analyse them, and to resolve some of their initial incompatibilities.Contribution: The article sheds new light on the historical development of the discipline of theology within the Sunni schools of Islam. This is a little-studied and often overlooked subject that can help in attaining a better understanding of how this critical field within religious studies has emerged into its present form.

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