scholarly journals Amnesty and Pardon in Islamic Law With Special Reference to Post-Conflict Justice

ICR Journal ◽  
2015 ◽  
Vol 6 (4) ◽  
pp. 442-467
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Islamic Law ◽  
Effective Means ◽  
Islamic Theology ◽  
Muslim Countries ◽  
Post Conflict ◽  
Measure For Measure ◽  
The Subject ◽  
Other World ◽  
The Right ◽  
The Arab Spring

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.

Revitalising Waqf (endowment) lands for agribusiness: potentials of the anchor company models

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Norfaridah Ali Azizan ◽  
Amirul Afif Muhamat ◽  
Sharifah Faigah Syed Alwi ◽  
Husniyati Ali ◽  
Amalia Qistina Casteneda Abdullah
Keyword(s):  
Household Income ◽  
Design Methodology ◽  
Potential Role ◽  
Islamic Law ◽  
Living Condition ◽  
Previous Literature ◽  
Content Type ◽  
Muslim Countries ◽  
The Right

PurposeWaqf (endowment) lands constitute as among the highest types of waqf (endowment) properties in Malaysia; yet it is still unable to reach its maximum potential due to various challenges such as capital, location, legal and administrative issues. Therefore, this study intends to explore these issues by focussing on the two states in Malaysia (Selangor and Perak) that have fertile lands but different management authorities.Design/methodology/approachThere were series of interviews that had been conducted with ten (10) key informants who are experts and practitioners in the areas of Shariah (Islamic law), farming, agribusiness, land management and waqf.FindingsFindings exhibit that constraints and challenges that had been highlighted in the previous literature still exist (although some improvements had been made), but there is emerging theme that the study intends to highlight which is on the needs to secure market for the agribusiness produce and the potential role of anchor company in the agribusiness. It is pertinent that for agribusiness to thrive, selecting the right anchor company that has the capacity to address the challenges is necessary. This study posits two anchor company models (Waqf Trustee-Anchor Company and Waqf Trustee-Anchor Company-Community Farmers) that can be applied for agribusiness on the waqf lands.Research limitations/implicationsThis study is based on the Malaysia's context influenced by specific country's features. Nevertheless, such findings can still be used as reference or benchmark by other endowment trustees in other countries especially for the Muslim countries as well as the non-Muslim countries that have significant Muslim populations.Social implicationsThe suggested models have potentials to improve the living condition of the B40 (below 40% household income) in Malaysia because the models encourage their participation in the agribusiness activities.Originality/valueThis study focusses on the agribusiness, which is rarely being given attention in previous literature in the context of endowment lands. Therefore, this article bridges the literature gap and at the same time attempts to provide suggestion to address the pertinent issue – the underutilised endowment lands.

THE PROBLEM OF ESTABLISHING THE CHILDʼS ORIGIN AND THE CHILDʼS RIGHT TO A FAMILY IN THE CONTEXT OF ISLAMIC LAW

2021 ◽  
pp. 205-211
Author(s):  
N.V. Kravchuk ◽  
Keyword(s):  
Islamic Law ◽  
Differential Regulation ◽  
The State ◽  
Muslim Countries ◽  
The Right

The review is focused on the issue of participation of the state in establishment of paternity and securing of the right in Muslim countries. Measures, adopted in this area, as noted, do not eliminate discrimination between children born in marriages and children born out of wedlock, but make their situation worse by allowing differential regulation of the same issue with regard to different groups of people.

Succession Rights of Muslim Women in the Modern World: An Analytical Appraisal

2014 ◽  
Vol 28 (2) ◽  
pp. 111-135
Author(s):  
Mohd Altaf Hussain Ahangar
Keyword(s):  
19Th Century ◽  
Islamic Law ◽  
Muslim Women ◽  
Modern World ◽  
Muslim Countries ◽  
Uniform Law ◽  
The Right ◽  
Law Of Succession ◽  
The 19Th Century

Islam allows women the right to succession on the principle of a double share to a man and a single share to a woman. This principle is in reality an improvement on the operating law even in the 19th century wherein women were totally excluded from succession. Presently all Muslims are not governed by a uniform succession law. There are Muslim countries where the Shari‛ah is followed in theory while in reality a woman is excluded from inheritance. There are Muslim countries where Muslim women are allowed equal succession rights with men. Most non-Muslim countries have a uniform law of succession for all its citizens. This article addresses the question as to whether the modern law operating particularly in non-Muslim countries in comparison to Islamic law does better justice to nearer female heirs.

scholarly journals تعزیری جرائم کےلئے سزاکا قیام: ایک شرعی جائزہ

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
pp. 103-118
Author(s):  
Nisar Ahmad ◽  
Muhammad Anees
Keyword(s):  
Islamic Law ◽  
The Body ◽  
Legal Punishment ◽  
The Third ◽  
Muslim Countries ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Right

Islam is the religion of peace. Islamic law describe a complete and comprehensive law of punishment for the eradication of crimes and maintenance of peace. According to Islamic law, the punishments can be classified under three main categories: Al-Hudud (fixed punishments), Al-qisas (Retaliation), and Al-Taazir (discretionary). Hudud means the punishment which has been specified in the Holy Quran and Sunnah and no individual or group has the right to amend or abrogate it. The second is Qisas, which means the equal retaliation of an aggression committed against the body of a person. The third Kind of Islamic legal punishment is Taazir, it means, a crime for which The Holy Quran and Sunnah have not fixed any punishment, instead, have left it to the discretion of the judges. But in the recent era, many of the Muslim countries don’t leave the punishments of the penal crimes (Taaziraat) to the discretion of the Judges, each Muslim state restrict the rights of the Judge to give punishment at his own’s discretion, and legislating for the punishments of penal crimes (Taaziraat), and make the Judges abide by a particular measure of punishment for penal crimes (Taaziraat). In this articles, we will analyze the above mentioned issue in the light of Islamic principles, that what, it is lawful for any Muslim state to legislate for the punishment of penal crimes or not?

Crime and Punishment in Islamic Law

2019 ◽  
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Detailed Review ◽  
Crime And Punishment ◽  
Separate Section ◽  
Good Case ◽  
Muslim Countries ◽  
Muslim Minority ◽  
The Subject

This volume offers a fresh interpretation of Islamic punishments, namely ḥudūd, qiṣāṣ, and taʿzīr, based on a holistic reading of Qur’anic verses on the subject. To do this, the book provides a detailed review of the existing interpretations that have dominated the field. Also provided is a roundup of opinion of the leading contemporary scholars of Islamic law on many of the outstanding issues. The debate in Malaysia is covered in a separate section in some detail. This is because Malaysia provides a good case study of the problematics of Islamic criminal law in a contemporary Muslim society with effects on a sizeable non-Muslim minority. The discussion also provides a series of shorter reviews on similar issues in fourteen other Muslim countries

Islamic Law and Theology

2015 ◽  
pp. 104-132
Author(s):  
Rumee Ahmed
Keyword(s):  
Islamic Law ◽  
The Political ◽  
Islamic Theology ◽  
Religious Texts ◽  
Islamic Studies ◽  
The Subject ◽  
Muslim Communities ◽  
The Relationship

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.

Palestinian youth and the Arab Spring. Learning to think critically: a case study

2012 ◽  
Vol 5 (2) ◽  
pp. 279-291 ◽  
Author(s):  
Nadia Naser-Najjab
Keyword(s):  
Arab Spring ◽  
Islamic Law ◽  
Arab World ◽  
Democratic State ◽  
Legislative Framework ◽  
Occupied Territories ◽  
The Subject ◽  
The Arab Spring ◽  
The Impact

The subject of this paper is a case study based on evidence gathered informally through delivery of a course at Birzeit University entitled ‘Modern and Contemporary European Civilization’ and from end-of-semester evaluations that asked students to reflect on the impact of the course on their lives. The author is, naturally, aware of the limitation of the methodology used in this study, and does not claim that its findings can be generalized authoritatively to a wider group of people in the Arab world. What is clear, however, if one considers reviews of internet blogs and media programme debates, is that extrapolations from this evidence have wider reference, revealing commonalities and similarities between Palestinians living in the Occupied Territories and Arab youth involved in the Arab Spring on the subject of political reform. The discussions engaged in by my students actually parallel the debates generated by traditionalists and secularists in post-revolution Egypt and Tunisia. These debates revolve around what it means to live in a civil, democratic state that grants social justice and freedoms, and crucially, at present led by scholars and politicians, address the possibility of reconciling the concept of modernity with Islam and the legislative framework of Islamic law (sharīʿah). It could be argued that the data collected are specific to this one case study, since Palestinians living under Israeli occupation form a unique group in the Arab world and probably are more concerned with basic issues of daily life and more sensitive to Western concepts of modernity. The significance of this data is, however, that gathered during the Arab Spring, they were based on reactions to material covered in a class which related to issues raised by the Arab revolutions, such as democracy, liberalism and revolution. Furthermore, these tentative findings suggest that more research is needed into issues such as the role of education, gender, tolerance and the reconciliation of Islam with modernity – areas of interest which are of particular importance at a time when Islamic groups are winning elections and debates on concepts of authority, democracy and liberalism occupy the foreground of media programmes in countries such as Egypt and Tunisia.

scholarly journals The Revolution Will be Uploaded: Vernacular Video and the Arab Spring

2014 ◽  
Vol 6 (2) ◽  
pp. 401-429 ◽  
Author(s):  
Peter Snowdon
Keyword(s):  
Subjective Experience ◽  
Moral Economy ◽  
Judith Butler ◽  
Vernacular Language ◽  
The People ◽  
Explicit Content ◽  
The Subject ◽  
The Individual ◽  
The Right ◽  
The Arab Spring

The vernacular online videos produced by the Arab revolutions constitute an un-precedented (though not unproblematic) historical resource for understanding the subjective experience of the ordinary people who find themselves on the front line of revolutionary struggle. But they also effect a sea-change in the way in which we view and understand YouTube itself. This article argues that the political significance of these videos lies less in their explicit content, than in their aesthetics - that is, in the new formal and sensory propositions that they constitute, the ways in which they “redistribute the sensible” (Rancière). The prologue proposes, following Judith Butler, that “the people” who are the subject of history are essentially a performative event, rather than a pre-existing entity, and that to write about revolution therefore requires a performative and allegorical approach. The first section reviews the current academic notion of “vernacular video” in the light of Ivan Illich’s work of the early 1980s on vernacular language and values, and argues that a stronger, more political conception of the vernacular is necessary to do justice to these works. The second section offers a close reading of one particular video from the Libyan uprising, and argues that it offers less an example, than an allegory of the dialogical relationship between the individual and the collective that defines the moral economy of the vernacular. The article concludes by proposing that the right response to such videos is not (just) more theory or criticism, but rather to seek to emulate their radically egalitarian forms of practice.

Introduction

2015 ◽  
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Terrorist Attacks ◽  
Component Part ◽  
The West ◽  
Muslim Countries ◽  
The Subject ◽  
Ethical Virtue ◽  
Negative Impacts ◽  
Other World ◽  
Thought Leaders

This chapter characterizes wasaṭiyya, or moderation, as an ethical virtue and an inter-civilizational concept that is valued not only in Islam but in most other world traditions as well. Islam elevates moderation by integrating it into a component part of its theology and ethics. The chapter draws attention to the renewed interest the subject has aroused in the aftermath of the nefarious September 2011 terrorist attacks, comments and reactions to those events by Muslim thought leaders and commentators, and the concern these individuals have shown over their negative impacts on relations between the Muslim countries and various nations throughout the West.

scholarly journals Exploring Facets of Islam on Security and Peace: Amnesty and Pardon in Islamic Law

ICR Journal ◽  
2012 ◽  
Vol 3 (3) ◽  
pp. 527-531
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Islamic Law ◽  
Civil Liability ◽  
Islamic Theology ◽  
General Consensus ◽  
Other World ◽  
Religious Obligation

Amnesty, pardon, and forgiveness are the means, in Islamic theology and law, as 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. The fiqh positions explored here derive from the Quran, normative teaching or Sunnah of the Prophet Muhammad and general consensus (ijma) of scholars for generations.

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