Shi'ism Revisited

Contemporary Muslims face the challenge of how a legal system that was formulated in the classical period of Islam can respond to the multitudinous challenges that present-day Muslims encounter. Is there a need for reformation in Islam? If so, where should it begin and in which direction should it proceed? Addressing this gap in Western scholarship, and contributing to the ongoing debate in Islamic scholarship, Shi‘ism Revisited: Ijtihad and Reformation in Contemporary Times (1) explores how modernity has impinged on the classical formulation of Islamic law, and (2) analyzes how Shi‘i jurists have responded to the intersection of shari’a (Islamic law) and modernity. The study is original and groundbreaking in that it seeks to tackle issues such as how Islamic law is being revised by Shi‘i scholars on cases such as human rights, gender equality, the rights of non-Muslim minorities, and reconfiguring the rational and moral basis of Islamic law. Such questions have required scholars to apply ijtihad (independent reasoning) in providing solutions to the pressing questions in the religious and social fields. By examining the principles and application of Islamic legal theory (usul al-fiqh) and reformation in Shi‘ism, as well as the current discourse on juristic hermeneutics and the basis of a new ijtihad, this research addresses topics that have attracted much public attention. Since such issues have been largely neglected by Western scholarship, this book provides a unique analysis of ijtihad and reformation in the Shi‘i world.

Praktek Gadai Sawah di Kelurahan Klemunan Wlingi Blitar dalam Analisis Hukum Islam

In the Klemunan Village, Wlingi, Blitar, there is a practice of pawning with guaranteed fields that can be used indefinitely. This practice is detrimental to one of the parties because the income from Rahin is directly transferred to the Murtahin. The purpose of this study was to determine a precise analysis of Islamic law on the practice of pawning rice fields in the Klemunan, Wlingi, Blitar Villages and as a medium of knowledge for the surrounding community who still use the pawning method. Qualitative methods are used in this research, while field data collection uses interviews, documentation, and observation. Data analysis was done by the deductive method. This research shows that the rice field pawning contract in the Klemunan Village, Wlingi, Blitar is not by Islamic law, it is because when the contract takes place, the specific conditions must be met by Rahin so that the Murtahin can accept the rice fields. The contract is valid, but the conditions are considered void. According to Islamic legal theory, using the object of pawning the fields without a time limit is inappropriate because the Murtahin can use the object of the pawn without a time limit or until the debt is completed. In the Klemunan Village, the sub-district is not by Islamic law because when Rahin cannot pay its debt to the Murtahin, the rice fields used as collateral can change ownership to become the property of the Murtahin.

Rebelling against the Ruler: Egyptian Youth and Azhari Scholars’ Authority after the 2011 Uprising

Scholars have investigated statements by Azhari ʿulamāʾ (religious scholars) about the legality of protest in Egypt in 2011 and 2013 and their use of fiqh al-wāqiʿ, a jurisprudential method by which jurists consider social and political realities when issuing legal opinions. These studies focus on Islamic legal theory but do not examine the social implications of the legal. Based on textual analysis of televised statements by ʿulamāʾ and interviews with young Muslim Egyptians, I argue that, although some jurists discouraged the laity from joining the 2011 protests, religious youth were not deterred from protesting. Additionally, laypeople who are not well-versed in Islamic law grew suspicious of the shifting opinions of ʿulamāʾ on the legal status of protest, as happened in 2013. In the aftermath of the 2011 and 2013 movements, the moral capital of several Azhari scholars decreased as did the moral-legal purchase of the fatwās they issued.

2. The nature of Islamic law

‘The nature of Islamic law’ examines the nature of Islamic law, the understanding of which relates to Islamic legal theory. Many Muslims often claim that Islamic law is the ‘law of God’, in contrast to secular law as ‘man-made law’. This suggests that Islamic law is completely divine, ready-made, and with no human input at all. However, while Islamic law is based textually on immutable divine sources, its interpretation and application are based on mutable human jurisprudence. There are three interconnected questions relating to the nature of Islamic law: Is Islamic law really ‘Law’? Does Islamic law apply only to devotional matters? Is Islamic law completely divine and immutable?

3. Theory, scope, and practice

‘Theory, scope, and practice’ assesses the theoretical, substantive, and procedural aspects of Islamic law. The theoretical aspect engages with the jurisprudential rules relating to the sources, methods, principles, legal hermeneutics, and juristic methodologies of Islamic law. The substantive aspect deals with the scope of Islamic law, covering the textual provisions and juristic rulings on specific substantive issues. The procedural aspect deals with Islamic law in practice, covering its practical application as a functional legal system. Any examination of Islamic legal theory should consider the sources, methods, and principles of law and, in particular in this case, Islamic substantive law. Ijtihād is an important tool of independent juristic reasoning under Islamic legal theory.

Islamic Law and the Neoijtihadist Phenomenon

Many contemporary scholars claim that erstwhile juristic determinations were intertwined with the socio-political realities in the eighth and ninth centuries, the classical period of Islamic law. They also maintain that although the Qur’an is a divinely revealed and immutable text, the applicability of its verses is contingent on the needs and conditions of the times. This paper argues that there is a need to move beyond the current form of ijtihad to an era of neoijtihadism in Twelver Shi‘ism. The present ijtihad, which was developed in the medieval ages, has failed to produce a coherent legal system that can effectively respond to the needs of contemporary Muslims. The paper will focus on the neoijtihadist phenomenon and will argue that the traditional text-centered ijtihad has to be replaced with a new form of ijtihad which utilizes different forms of exegetical and epistemological principles to formulate rulings that will serve the Muslim community better. Neoijtihadism, as I call it, will entail a re-evaluation of classical juristic formulations and, based on the application of new exegetical and interpretive principles, can engender a divergent form of jurisprudence that is based on different epistemological parameters and universal moral values. Neoijtihadism will also entail revamping traditional Islamic legal theory (usul al-fiqh), which has hampered rather than enhanced the formulations of newer laws.

Theory of Law and Hermeneutics of Imam Al-Shatibi

The paper deals with notions of Imam al- Shatibi on the sources and development of Islamic law, as they are set out in his main treatise al- Muwafaqat. Al- Shatibi’s approach involved combining the usul method with maqasid al-shari‘a, which was used in order to improve the usul method itself. The author demonstrates the successive development of alShatibi’s thought in relation to the ideas of al- Ghazali and the influence of al- Shatibi on the further development of Islamic legal theory. For instance, an important concept maslahah was to a large extent derived from the ideas of al- Shatibi; later the theory of maslaha became one of the most important elements of modernism. Moreover, the paper traces back the connection of al- Shatibi’s approach in the field of law to the principles of studying the text of the Qur’an. Imam al- Shatibi contributed to the convergence of the Islamic legal theory and the interpretation of Qur’an and therefore set the framework for thematic interpretation. Al- Shatibi can be considered as a precursor to what has become known since the late 1960s as al- Tafsir alMawdu‘i, that is, an interpretation based on the consideration of a specific topic either in a single Surah or throughout the entire text of the Qur’an. One of the main advantages of the hermeneutics of al- Shatibi is that it helps to overcome the “atomism” of some studies undertaken by jurists and interpreters who mainly dealt only with certain passages of the Qur’an, but in no way with its whole content.

Flexibility and Sharīʿah Compliance of Islamic Financial Contracts: An Evaluative Framework

Although the key distinguishing feature of Islamic finance is compliance with Sharīʿah, there is criticism from various quarters on the Sharīʿah compliance of its products. However, there is no objective way to assess the Sharīʿah compliance of Islamic financial contracts. This article develops a structured framework for analysing Sharīʿah compliance of Islamic financial contracts by deconstructing them and developing principles of evaluation based on concepts from Islamic legal theory. Other than providing a framework to assess Sharīʿah compliance of Islamic financial contracts, this article also alludes to an important issue regarding the contracts’ flexibility. Using concepts from Islamic legal theory, the article classifies different contractual stipulations according to their legal weight, and identifies how legal perspectives on the requirements of compliance can determine the flexibility of contracts. An evaluative framework is used to assess the Sharīʿah compliance of an actual muḍārabah (silent partnership) contract and finds it to be defective.