This article presents the Islamic bioethical deliberation on the issue of sex assignment surgery for infants with disorders of sex development or intersexed as a case study. The main objective of this study is to present a different approach in assessing a biomedical issue within the medium of the Maqasid al-Shari’ah. Within the framework of the maqasidic scheme of benefits and harms, any practice where benefits are substantial is considered permissible, while those promoting harms are prohibited. The concept of Maqasid (...) al-Shari’ah which is the mechanistic interpretation of Qur’an and Hadith presents the holistic attention of Islam on many life activities, including healthcare. Indeed, this concept encompasses many aspects of worldly life, both for the human individual and collectively for the whole society. In healthcare, the practice of SAS on DSD newborns has presented an assortment of implications on the future livelihood of the affected individual. The process of decision-making seems to be very multifaceted since every element such as the determination of the ‘correct’ sex and the urgency of early surgery must consider the benefits and harms, as well as the child’s rights and best interest. The application of the concept of Maqasid al-Shari’ah, would convey a pragmatic approach that is often disregarded in Western medicine. This approach considers the right of the individual to live life optimally, individually and socially and practice his faith, precisely, in accordance with the assigned gender. (shrink)

In recent years, preimplantation genetic testing (PGT) of IVF embryos have gained much traction in clinical assisted reproduction for preventing various genetic defects, including Down syndrome. However, such genetic tests inevitably reveal the sex of IVF embryos by identifying the sex (X and Y) chromosomes. In many countries with less stringent IVF regulations, information on the sex of embryos that are tested to be genetically normal is readily shared with patients. This would thus present Muslim patients with unintended opportunities for (...) sex selection based on personal or social biases without any pressing need or valid medical reason. Additionally, there are other patients who claim using PGT for preventing genetic defects as a pretext or “convenient excuse,” with a secret intention to do sex selection when it is banned in their home country. Currently, non-medical sex selection is a highly-controversial and hotly debated issue in Islam, because there is generally a strong preference for having sons over daughters due to widespread cultural norms of elderly parents depending on their sons for financial support, as well as the need for male heirs to continue the family lineage within the backdrop of local patriarchal cultures. There is a risk of gender imbalance and social disequilibrium occurring in Islamic societies due to prevalent sex selection. Hence, the question is whether opportunistic sex selection with PGT would contravene Islamic ethics and principles, which will thus be discussed here. (shrink)

Sex; religious aspects; Islam; Islamic ethics; sexual ethics.

Jamel Khermimoun considers that Muslims born in France and in the West now build their identity not from an imported model but from a strong sense of belonging to the nation, which they claim at the same time as their Islam. He wants to shed light on his reading of texts guided by the spirit of flexibility and openness advocated by Islam. We must listen carefully to what he has to say to us; one must know how to (...) confront ones own point of view with ones own, and thus enter into a process of dialogue which, as he writes himself, creates real issues and is capable of appeasing the spirits (Jean Baubrot, professor emeritus of the Chair History and Sociology of Secularism [Ecole Pratique des Hautes Etudes in Paris] and author of several books). Through this book, the author has the merit of advocating the creation of a field of mutual acquaintance [...], a base of common values that can help Westerners and Muslims to get out of the tunnel of reciprocal prejudices, to protect together the true notion of secularism that calls for respect for individual choices and the defense of the right of expression (Claudia Mansueto, doctor of literature, professor at the University of Trieste). Jamel Khermimoun provides answers to the questions raised by the place of the Muslim religion in modern societies. For the author, Islam is not incompatible with secularism because it shares with it the most important values which make possible cohabitation, or even mutual enrichment. Instead of opposing them, it encourages us to reinvest the republican principles that make up our societies. [...] It is for those of us who want to understand the world in which they live. The links of Islam to modernity, to knowledge, to the idea of freedom, to the equality of the sexes, to violence, to fanaticism, to racism, are here dealt with frankness and clarity (Victor Loupan, journalist, author, former international reporter at Figaro Magazine). (shrink)

Scott shows that the gender equality invoked today as a fundamental principle was not originally associated with the term "secularism" when it first entered the nineteenth century. The inequality of the sexes was fundamental to the articulation of the separation of church and state that inaugurated Western modernity. Western nation-states imposed a new order of women's subordination, assigning them to a feminized familial sphere meant to complement the rational masculine realms of politics and economics. It was not until the question (...) of Islam arose in the late twentieth century that gender equality became a primary feature of the discourse of secularism. (shrink)

Globalization has consequences for the religious sphere, but it does not constitute a break with the previous situation. It constitutes rather an acceleration of a process begun with the birth of nation-states. The impact of the values of modernity is general, since even those in power, whatever their tendency, invoke values of democracy, progress, freedom and justice, whereas submission is what was required of subjects. Nevertheless, people today look to religion for fixed reference points, because of the brutal transition from (...) the Middle Ages to the 20th and 21st centuries, and because modernity is not a endogenous phenomenon. Islam then is playing the role of bulwark against western hegemony. It is also instrumentalized both by the powers that be and by the oppositions, all of whom give themselves over to displays of one-upmanship over fidelity to Islam. Does Islam then maintain its relevance in the context of globalization? The fact is that the bases on which social relations are now founded no longer permit discrimination on the ground of sex or religion, and that there is a loosening of the grip of traditional ritualism and that more and more Muslims are looking for an understanding of the faith that is freed from old-fashioned dogmas. These new givens are being demonstrated particularly when it comes to the exercise of power and the condition of women. As a result, traditional conceptions are destined to evolve, particularly concerning the status of the Koran, the growing awareness of the historical process that made the Koran into a juridical code, the archetype that has been stuck to the person of the Prophet, and the alienation that consists in the sacralization of every human act. (shrink)

This book is a contribution to the nascent discourse on global health and biomedical research ethics involving Muslim populations and Islamic contexts. It presents a rich sociological account about the ways in which debates and questions involving Islam within the biomedical research context are negotiated - a perspective which is currently lacking within the broader bioethics literature. The book tackles some key understudied areas including: role of faith in moral deliberations within biomedical research ethics, the moral anxiety and frustration (...) experienced by researchers when having to negotiate multiple moral sources and how the marginalisation of women, the prejudice and abuse faced by groups such as sex workers and those from the LGBT community are encountered and negotiated in such contexts. The volume provides a valuable resource for researchers and scholars in this area by providing a systematic review of ethical guidelines and a rich case-based account of the ethical issues emerging in biomedical research in contexts where Islam and the religious moral commitments of Muslims are pertinent. The book will be essential for those conducting research in low and middle income countries that have significant Muslim populations and for those in Muslim-minority settings. It will also appeal to researchers and scholars in religious studies, social sciences, philosophy, anthropology and theology, as well as the fields of biomedical ethics, Islamic ethics and global health.. (shrink)

In Islamic law paternity is treated as a consequence of a licit sexual relationship. Since DNA testing makes a clear distinction between legal and biological paternity possible, it challenges the continued correlation between paternity and marriage. This article explores the foundations of paternity regulations in the Islamic ethico-legal tradition, with a particular focus on what is termed here “the licit sex principle,” and investigates the extent to which a harm-based argument can be made either by appeal to or against Islamic (...) paternity regulations. It argues that in Islamic bioethics the definition of harm and its boundaries is a function of both: (1) identification of legal and religious rights and the extent to which these rights are violated; and (2) balancing and reconciling perceived harm against both specific principles in relation to a given issue and also the overarching objectives of Islamic law. The article is divided into three main sections addressing the Islamic legal, ethical, and bioethical dimensions of paternity. (shrink)

An exciting development in the field of assisted reproductive technologies is In Vitro Gametogenesis (IVG) that enables production of functional gametes from stem cells in the laboratory. Currently, development of this technology is still at an early stage and has demonstrated to work only in rodents. Upon critically examining the ethical dimensions of various possible IVG applications in human fertility treatment from a Sunni Islamic perspective, together with benefit-harm (maslahah-mafsadah) assessment; it is concluded that utilization of IVG, once its efficacy (...) and safety are guaranteed, could be permissible by strictly adhering to Islamic ethical principles related to marriage, biological/genetic relatedness, sexual intercourse, and moral status of the embryo/fetus versus that of the gamete. As a result, IVG will be acceptable for treating primary infertility, age-related infertility, and preventing genetic diseases. However, it will be unacceptable for application in posthumous reproduction, donor gametes, genetic enhancement, and procreation in same-sex couples. (shrink)

Gendered Morality offers a textual-critical examination of gender in Islamic metaphysics and virtue ethics. Through a close reading of how masculinity and femininity are constructed, the book argues that the historically contingent nature of gender hierarchy, characterized as Islamic and ethical, is at odds with the overarching goal of Islamic ethics as earthly justice. Because the book moves beyond the typical Qur'anic and jurisprudence-based discourses about women's status, it makes a lasting contribution to our understanding of gender in the ethical (...) philosophy of Islam. (shrink)

The ways in which Islam provides new definitions of self and intimacy in public is at the intersection of culture and politics. Especially in contexts of secular and modern publics, the coming out of Islam from the private to the public sphere takes place with performative acts, such as veiling and segregation of sexes, which underpins religious difference and Muslim habits but also expresses resistance to assimilative and secular modernity. The redesigning of the frontiers between private and public (...) spheres and the control of gender socialization becomes a central stake for islamist politics. Through these micro-practices and gendered frontiers between private and public spheres, an Islamic social imaginary is at work generating new definitions of religious Islamic self in counterdistinction with liberal and emancipatory definitions of modern subject. (shrink)

The ideological interface between Muslims and liberal educators undoubtedly is strained in the realm of sex education, and perhaps on no topic more so than homosexuality. Some argue that schools should not try to ‘undermine the faith’ of Muslims, who object to teaching homosexuality as an ‘acceptable alternative lifestyle’. In this article, I will argue against this monolithic presentation of Islam. Furthermore, I will argue that a narrow view of Islam is neglectful of gay and lesbian Muslims who (...) are particularly vulnerable to the unrepentant hostilities of their own communities. (shrink)

Muslim theologians, jurists, and healthcare workers have been addressing the challenges of modern biotechnology for years. Major textbooks on religion and bioethics cover Islam in one or two articles, offering only a general introduction to these important discussions. The five articles in this issue of the "Journal of Religious Ethics", originating from a conference at Pennsylvania State University, are unusual in the specificity of their topics-brain death, feeding tubes, sex selection, spiritual counseling, and organ transplantation-and in their engagement with (...) complex discussions in the Muslim and non-Muslim worlds. In this essay, I introduce the five articles and consider two larger implications: the changing definition of the human person in light of biotechnological advances and the continuing importance of religious traditions, especially Islam, in legitimizing ethical responses to these advances. (shrink)

The objective of this study is to analyse the tensions between conceptualizations about Islam, women's sexual health and rights in Senegal. Sexual rights are defined here as the right to choose a partner, the right to enjoy sex without fear of violence or disease, and the right to physical integrity. These rights are examined through legal, Islamic and International frameworks in the context of their relevance to Senegal. The general population's, and Ulamas', positions, attitudes and behaviours about these rights (...) were collected through interviews and focus group discussions. These research methods revealed a strong opposition, from both men and women, to women's individual choice and control over her body as far as family planning, sexuality, or abortion are concerned. Most respondents regarded these rights as "Western." In their view, the idea of equality embedded in international human rights conflicts with local cultures and religion. At the level of service delivery, a large number of health care providers still believe that unmarried women should not be given information or family planning methods. Also revealed is how Islam is used to construct and legitimize existing reproductive and sexual roles and deprive women of rights in these areas. Part of the reason why women's rights are not observed relate to the failure by Senegal to enforce international human rights treaties and conventions that it has already signed. Failure by Senegalese women's associations to give priority to sexual rights, has also contributed to lack of real progress in this area. This study is meant to be used by Senegalese women's rights activist and human rights organizations, as, inter alia, a tool for advocacy for the advancement of women's sexual health and rights. (shrink)

The term ars erotica refers to the styles and techniques of lovemaking with the honorific title of art. But in what sense are these practices artistic and how do they contribute to the aesthetics and ethics of self-cultivation in the art of living? In this book, Richard Shusterman offers a critical, comparative analysis of the erotic theories proposed by the most influential premodern cultural traditions that shaped our contemporary world. Beginning with ancient Greece, whose god of desiring love gave eroticism (...) its name, Shusterman examines the Judaeo-Christian biblical tradition and the classical erotic theories of Chinese, Indian, Islamic, and Japanese cultures, before concluding with medieval and Renaissance Europe. His exploration of their errors and insights shows how we could improve the quality of life and love today. By using the engine of eros to cultivate qualities of sensitivity, grace, skill, and self-mastery, we can reimagine a richer, more positive vision of sex education. (shrink)

In this brief excerpt from a forthcoming translation of L’Afrique et ses fantômes and Singe de Kafka, Seloua Luste Boulbina shows how French opposition to the Islamic hijab, as described by Fanon, mirrored British opposition to the Indian practice of sati by claiming to defend women while really defending the interests of European men. This made it difficult, if not impossible, for women to define and assert interests of their own, apart from the perspectives imposed by politically opposed groups of (...) men. Fanon recognized this complex silence. But Fanon also failed to read the perspective motivating the writings of fellow Martinican author, Mayotte Capécia, which prevented him from seeing any independence in women’s capacity for interracial love and prevented him from giving a more complex psychological and political meaning to mixed ancestry. (shrink)

In this article, Brison extends the analysis of freedom developed in Nancy J Hirschmann's book, The Subject of Liberty: Toward a Feminist Theory of Freedom, to an area of controversy among feminist theorists: that of sex work, including prostitution and participation in the production of pornography. This topic raises some of the same issues concerning choice and consent as the three topics Hirschmann discusses in her book—domestic violence, the current welfare system in the United States, and Islamic veiling—but it also (...) raises some distinct ones concerning the social construction of sexuality and possible conflicts between the freedom of some women and the freedom of others. (shrink)

In this article, Brison extends the analysis of freedom developed in Nancy J Hirschmann's book, The Subject of Liberty: Toward a Feminist Theory of Freedom, to an area of controversy among feminist theorists: that of sex work, including prostitution and participation in the production of pornography. This topic raises some of the same issues concerning choice and consent as the three topics Hirschmann discusses in her book—domestic violence, the current welfare system in the United States, and Islamic veiling—but it also (...) raises some distinct ones concerning the social construction of sexuality and possible conflicts between the freedom of some women and the freedom of others. (shrink)

Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no “value” judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, related (...) with “socio-economic structure/fact” in the family and society structure foreseen by Islam. As a matter of fact, “need principle” is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafsīr books, the concept of “degree” in the verse “... Men have a degree (right) over women” (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of “lil al-dhakari mithlu haẓẓ al-unthayain” in the verse –the inheritance of man is the share of two women– (Al-Nisā 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that “man is superior to woman”. In this article/study, an analyticallook atthe interpretations in some classical tafsīr books on the axis of “daraja/degree” and “lil al-dhakari mithlu haẓẓ al-unthayain” that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person’s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur’ān: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Shūrā 42/49.)In addition to human biological sex, there is also social gender. Indeed, the term “sex” refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process.Accordingly, while it is not possible to determine biological sex (in normal circumstances in advance), determining gender is shaped by the cultural will of individuals and societies. As a matter of fact, gender is shaped according to the religions, customs and cultures of the societies and it shows differences according to time, culture and family structure. In this context, in the pre-Islamic Arab society, the gender of the girl or the woman was shaped by the custom of the ritual and customs. Indeed, it is a known fact that during the period of Jahiliyyah, in terms of social gender, the girl/woman has been deprived of many social and economic rights, especially heritage. The Qur’ān has brought the girls who, in the period of Jahiliyyah, were oppressed in terms of gender, deprived of many social and economical rights, treated as second class human, embarrassed of themselves and buried alive, to the same position as man. In this context, as it is in every field in the direction of social structure and social conditions of that day, also in the field of inheritance law, a number of regulations were made in the Qur’ān and the Sunnah being the main sources of Islam. The divisions of the inheritance were connected with religious and legal rules and the shares of the inheritance of the sons and daughters were determined by naṣṣ (verses and hadiths).However, in Islamic inheritance law, as a requirement of the structure of family and society accepted by Islam, in principle, “two-to-one” measures have been adopted between male and female children. As a matter of fact, in this aspect, it is mentioned in the Qur’ān: Allah instructs you concerning your children: for the male, what is equal to the share of two females (Al-Nisā 4/11.)On one hand, the principle that Islamic law brings between boys and girls; Seems to be an inequality in terms of the arrangement in which "the inheritance share of the male child is twice the share of the female child", while on the other hand, within the border of in the family foreseen by Islam, this regulation has not been seen as an injustice and inequity by Muslim societies, because in Islamic family law, a man is obliged to ensure the livelihood of the family after marriage. He is also obliged to give his wife her mahr when marrying.In Islamic inheritance law, “necessity principle” is taken as the basis of responsibility that women and man have undertaken in family and society. Therefore, even though giving nothing at all to those who are not in need and giving less to those who are in less need, giving too much to those who are in much need might seem contrary to the principle of equality, it is a necessity of the principle of justice and fairness. As a matter of fact, while "law equality, necessity in sharing" principle, law is arranged according to people's qualifications, goods and wealth sharing is divided according to the needs of people. In this context, there has been a fair division in Islamic heritage law based on the necessity, (distributive) justice and fairness principle. Indeed, the French philosopher Roger Garaudy (1913-2012), who chose /converted to Islam, evaluates the following about the proportion of male child in the Qur'an to that of female child: “When we consider that in the Arab society all the obligations of the family and of the care of the parents and of all the things that we call ‘social security’ today are put on the shoulders of the husband, the hereditary male child's share must be twice as high as the female child’s is”.As Garaudy argues, the difference in the inheritance of women and men in Islamic inheritance law is not a legal discrimination/inequality, but a form of divisiveness stemming from a need based on the role and responsibility that women and men have undertaken in the family and society. Therefore, giving nothing to those who need nothing, giving little to those who need little, and giving a lot to those who need a lot,even though may seem contradictious to the principle of equality, it becomes a necessity of equity and (distributive) justice principle. In this case, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child, is social and economic reasons and it is possible to rank them as follows:1) According to Islamic law, women are not obliged to make their own economic livelihoods. The woman’s economic responsibility belongs to her father or brothers before marriage, and then to her husband after marriage. 2) When a woman is married she is not responsible for herself or other family members’ livelihood. The male is obliged to make a living for himself, his wife and his children.3) While married, the male is obliged to give the wife mahr. The woman has no such responsibility.As it is understood from the above explanations, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child is not about the ontologically “value” based on creation and sex given to the woman (girl child) in Islam. On the contrary, it is the real facts concerning the family and society structure that Islam predicts, the roles and financial obligations that man and woman have undertaken, namely “socio-economic structure/fact”.In some commentaries in classical commentary books, the rights and responsibilities of women and men are referred to, like: the word “degree” mentioned in: …but the men have a degree over them [in responsibility and authority (Al-Baqara 2/228), and the talk about the inheritance shares of boys and girls in: for the male, what is equal to the share of two females (Al-Nisā 4/11). Eventually, the concepts “lil al-dhakari mithlu haẓẓ al-unthayain” have been associated with the gender of the woman/girl child ontologically (based on social fact) by ignoring the referent purpose and socio-economic contexts of these verses. As a result of these interpretations, it was desired that the Islamic law principle of inheritance share of male child being twice the share of female child, ontologically, should be based on a justification that “man is superior to woman”.In this study, some of the era’s dominant culture classical interpretations grounding women's inheritances share on her gender and based on the axis of the concepts of "degree" and “lil al-dhakari mithlu haẓẓ al-unthayain” in the related verses of the Qur'ān will be elaborated. (shrink)

Medical, legal, and Islamic views on abortion, fertilization in vitro, euthanasia, kidney transplant, and sex change operation; results of discussions.

Technological advances in the field of medicine and health sciences not only manipulate the normal human body and sex but also provide for surgical and hormonal management of hermaphroditism. Consequently, sex assignment surgery has not only become a standard care for babies born with genital abnormalities in the West but even in some Muslim states. On the positive side, it goes a long way in saving children born with abnormal genitalia from numerous legal interdictions of the pre-sex corrective surgery. Nevertheless, (...) the larger ethical and legal questions that medical management of genital abnormality raises to some extent have not been adequately appreciated by contemporary Muslim responses. This article, therefore, in principle argues against surgical management of intersexuality during early infancy from the Islamic legal perspective. (shrink)

This article discusses the term erotology, which was applied to medieval Islamicate ‘ilm al-bah (the science of coitus), as well as other world traditions of sexual knowledge, by European sexologists of the late 19th and early 20th centuries, who contrasted it with their own forms of inquiry into sexual matters in the modern field of sexual science. It argues that the homogenisation and minimisation of all ancient and non-European forms of medical knowledge about sex, even one as substantial as the (...) ‘ilm al-bah tradition, supported a particular story about the origins of sexology's own emergence as a new and unprecedented biomedical and scientific way of knowing, characterised by an opposition assumed between sexuality and religion, by a view of sexual variations as perversions or pathologies, and by a view of Arabs and Muslims as sexually excessive. The article focusses on French, English, German, Austrian, and Italian sources of the 19th century that discussed the history of sexual medicine, relating these accounts to recent attempts to historicise sexology. It considers how forms of colonial hierarchy and exoticist views of non-European cultures impacted the dismissal of ‘ilm al-bah among European sexual scientists and how they may continue to exert an influence on forms of modern historical inquiry that are not attentive to scholarship on medieval Islamicate sexual medicine. (shrink)

The goal of this essay is to illustrate how Ebrahim Moosa's method of “contrapuntal reading” can be applied fruitfully to the Sunni hadith literature. My case study is the set of penalties (hudud) for illicit sex, which include flogging, stoning, and banishment. I propose a fresh reading of these sacred texts that brings to the fore the ethical dimension of Prophet Muhammad's conduct, especially his strong reluctance to apply these measures. I conclude by identifying four ethical problems that the stoning (...) penalty raises and suggest how the hadith literature can be read to argue against the validity of this specific punishment. (shrink)

The Islamic Republic of Iran punishes homosexuality with death but it actively recognizes transsexuality, and partially funds sex change operations. This article aims to examine how this seemingly progressive stance on transsexuality is connected to the IRI's larger oppressive apparatus of gender. It will first provide an overview of the cultural politics of gender and sexuality under the Islamic Republic's rule, and will then discuss the confluence of religious and medical literatures that led the Islamic Republic to adopt its new (...) discourse on transsexuality despite – or perhaps rather because of – its sex/gender politics. The article does not deny that this emerging discourse has been somewhat empowering for those transsexuals who genuinely desire surgical transformation. But empowering as it might have been for such transsexuals, the emerging discourse is still deeply troubling since it systematically regards homosexuality and more generally any sexual or gender non-conformity as unintelligible, perverse, and punishable by law, except for those willing to transform their "wrong bodies." The article will, therefore, demonstrate that the IRI's permission of transsexuality and sex change operations is motivated by a goal that is more about assimilating gender atypical individuals into the heteronormative order than about broadening horizons for sex/gender possibilities. The article ends by discussing how this discourse is making non-surgical trans/multi-gendered identity illegible and illegitimate not only as a publicly recognized possibility, but also with regard to transpersons' own self-perception and self-constitution of their gender and sexual subjectivity. (shrink)

L’article montre tout d’abord, à travers l’étude de deux corpus de contes et de la gestion de faits récents de transsexualisme, en quoi la musique est constitutive de l’identité féminine dans l’ethnie maure de Mauritanie. La problématique est élargie au champ du religieux de l’aire arabo-musulmane, qui voit dans ce lien une menace pour l’ordre social et symbolique qu’il défend, avant d’être explicitée par le recours à des concepts issus de la psychanalyse. Puis il est question, à travers la description (...) d’un orchestre de musique confrérique uniquement composé de femmes, de l’ébranlement de ce schéma dans le Maroc contemporain, sous l’effet des idées féministes et de la généralisation de pratiques d’égalité entre les sexes. (shrink)

As physicians encounter an increasingly diverse patient population, socioeconomic circumstances, religious values and cultural practices may present barriers to the delivery of quality care. Increasing cultural competence is often cited as a way to reduce healthcare disparities arising from value and cultural differences between patients and providers. Cultural competence entails not only a knowledge base of cultural practices of disparate patient populations, but also an attitude of adapting one's practice style to meet patient needs and values. Gender roles, relationship dynamics (...) and boundaries are culture specific, and are frequently shaped by religious teachings. Consequently, religion may be conceptualised as a cultural repertoire, or dynamic tool-kit, by which members of a faith adapt and negotiate their identity in multicultural societies. The manner in which Islamic beliefs and values inform Muslim healthcare behaviours is relatively under-investigated. In an effort to explore the impact of Islam on the relationship between patients and providers, we present an Islamic bioethical perspective on cross-gender relations in the patient-doctor relationship. We will begin with a clinical scenario highlighting three areas of gender interaction that bear clinical relevance: dress code, seclusion of members of the opposite sex and physical contact. Next, we provide a brief overview of the foundations of Islamic law and ethical deliberation and then proceed to develop ethicolegal guidelines pertaining to gender relations within the medical context. At the end of this reflection, we offer some practice recommendations that are attuned to the cultural sensitivities of Muslim patient populations. (shrink)

On discute, au nom de la psychanalyse, la conception de l'altérité chez Emmanuel Lévinas et on souligne ce qu'elle a de définitif. On se place du point de vue non de la psychanalyse mais de la philosophie quand elle en reprend l'hypothèse fondamentale. On montre en quoi, pour l'altérité même, l'affirmation du savoir philosophique, mais d'un savoir philosophique énoncant l'inconscient, et sa réalité, le sexe, devient essentielle. Il apparaît alors que ce savoir doit donner toute leur vérité aux trois révélations (...) : chrétienne, juive et islamique. In the name of psychoanalysis, one questions the concept of otherness in Lévinas' work and stresses what is conclusive in it. The point of view is not that of psychoanalysis but, rather, of philosophy when it recaptures the latter's fundamental hypothesis. One shows how, for that very otherness, the assertion of a philosophical knowledge, but a true philosophical one, wording both the unconscious and its reality, i.e. sex, becomes fundamental. Thus such a knowledge is to reveal truth to all three revelationss, i.e. the Christian, the Jewish and Islamic ones. (shrink)

As physicians encounter an increasingly diverse patient population, socioeconomic circumstances, religious values and cultural practices may present barriers to the delivery of quality care. Increasing cultural competence is often cited as a way to reduce healthcare disparities arising from value and cultural differences between patients and providers. Cultural competence entails not only a knowledge base of cultural practices of disparate patient populations, but also an attitude of adapting one's practice style to meet patient needs and values. Gender roles, relationship dynamics (...) and boundaries are culture specific, and are frequently shaped by religious teachings. Consequently, religion may be conceptualised as a cultural repertoire, or dynamic tool-kit, by which members of a faith adapt and negotiate their identity in multicultural societies. The manner in which Islamic beliefs and values inform Muslim healthcare behaviours is relatively under-investigated. In an effort to explore the impact of Islam on the relationship between patients and providers, we present an Islamic bioethical perspective on cross-gender relations in the patient-doctor relationship. We will begin with a clinical scenario highlighting three areas of gender interaction that bear clinical relevance: dress code, seclusion of members of the opposite sex and physical contact. Next, we provide a brief overview of the foundations of Islamic law and ethical deliberation and then proceed to develop ethicolegal guidelines pertaining to gender relations within the medical context. At the end of this reflection, we offer some practice recommendations that are attuned to the cultural sensitivities of Muslim patient populations. (shrink)

In a world where increasingly more voices from different geographical areas talk speak about equality between people, religions are called to uphold and preach human dignity and rights of all people, without taking account of race, sex or religion. In the interreligious dialog, the meetings between representatives of Christianity and Islam have multiplied considerably and they deal with themes analyzing preaching and defending human rights at all levels of life. From the preceding discussion it is clear that the human (...) rights issue is quite sensitive, especially after the latest political, economic and social events that have shaken the world in which we live. After the period of time that the proclamation and recognition of global human rights were made as contained in the various international documents, it was passed into a new phase where the followers of different religions should work together for human dignity and human rights. (shrink)

al-juzʼ 1. [Without special title] -- al-juzʼ 2. al-Masmūḥ wa-al-mamnūʻ fī firāsh al-zawjīyah.

Statutory requirements for compulsory Relationships and Sexuality Education (RSE) in the UK is generating concern among many religious communities and reigniting debates about the purpose of School Based Sexuality Education (SBSE). Among the communities voicing their dissent are members of the British Islamic community. Quranic scripture deems obligatory the teaching and learning about all aspects relevant to human sexuality, however, religion, and in particular Islam, is widely viewed as hostile to sexuality education. Whilst Muslim objection to ‘progressive’ agendas in (...) SBSE (i.e., same-sex relations, gender fluidity, pleasure and desire) is generating much attention, equal attention to understanding the Islamic theological, philosophical and epistemological underpinnings of these views, is less frequently sought. The purpose of this paper is to foreground Islamic responses to some of the ‘progressive’ topics featuring in RSE and SBSE more broadly. Using British printed media sources and Critical Discourse Analysis, this paper aims to make sense of British Muslim parents’ objections to ‘progressive’ sexuality education. A more concerted focus on Islamic underpinnings of these views is imperative to alleviate negative responses to Muslim positions on this subject as well as inform the ongoing dilemma of finding ways in which religious diversity be addressed in SBSE. (shrink)

This article discusses places and practices of young heterosexual Malaysian Muslims dating in non-private urban spaces. It is based on research conducted in Kuala Lumpur (KL) in two consecutive summers 2016 and 2017. Malaysian law (Khalwat law) does not allow for two unrelated people (where at least one of them is Muslim) of opposite sexes to be within ‘suspicious proximity’ of one another in public. This law significantly influences behaviors and activities in urban spaces in KL. In addition to the (...) legal framework, the beliefs of Malaysian muslims significantly influence the way they perceive space and how they behave in the city. The article discusses the empirical theme, beginning with the participants’ narratives of their engagement with the dominant sexual and gender order in non-private spaces of KL. Utilizing questionnaires, interviews and observations, this paper draws upon a qualitative research project and questions the analytical usefulness of the notion of public space (as a Western construct) in the context of an Islamic, postcolonial, tropical, global city. (shrink)

Selecting the sex of a fetus has been a desire of parents in many different cultures. Modern Muslim religious scholars have identified advantages and disadvantages of this practice, permitting it in certain cases while forbidding it in others. In general, they do not appear to desire that selection of sex become a common practice, yet they are willing to allow it for personal reasons. This case-by-case approach exemplifies a key aspect of Muslim ethical discourse. After an overview of justifications for (...) fetal sex selection in different cultures, I turn to a discussion of authoritative Islamic sources. I then analyze the reasoning of several modern authorities who deal with the issue. In the absence of a clear religious text on the subject, scholars seem inclined to legitimize sex selection, and in so doing they appear strongly influenced by social attitudes. (shrink)

Although exercising torture has been a commonality between the previous regime in Iran and the Islamic Republic, based upon Zizek’s reading of the discourses of the master and university we can detect a qualitative difference in the two regimes’ approach to torture. During the Shah, torture complemented the Shah’s gesture of the symbolic father of the nation, thereby desexualized even in cases where torture involved prisoners’ sex organs, whereas in the Islamic republic era, torture complements conservative hardliner’s lesson that Islamic (...) teachings are not dictated by them but, rather, are neutral knowledge about innate inclinations of human beings. In the conservative hardliner’s version, western culture, apart from its science and technology, leads people astray as it propagates animality in human beings, especially when it comes to sexuality. Our efforts to learn the lesson are doomed to failure, yet because the unconscious remains unarticulated this failure is embodied including in the figure of the Islamic Republic’s interrogator who knows something about us, especially about our sexuality, which we ourselves can never know; hence torturing political prisoners is sexualized in the Islamic Republic even in cases where it does not involve physically or verbally prisoners’ sex organs. In this situation, a political act involves a hyper-agreement with the interrogator: we wouldn’t mind making confessions to anything attributed to us by the interrogator if he is included in the confessions as the one who told us to do it. (shrink)

Sex change surgery has been practised in Iran under Ayatollah Khomeini’s fatwa in 1982. Therefore, a medical and judicial process of transition has been regulated accordingly. However, this has not resulted in either the legalization of sex change surgery, nor in the recognition of transsexual identity within Iranian substantive law. Sex change surgery is allowed through Islamic law, rather than substantive law, in response to the existing social facts and norms, on the one hand, and structural cooperation with medical system, (...) on the other. In this article, I argue that the Iranian heteronormative law’s understanding of transsexuality has amounted to the misrecognition of trans persons’ status within law and society. Using semi structured interviews, intersectional content analysis, and feminist methodologies, the findings indicate that transsexual bodies have gained meaning through religious and medical discourses within a framework of power relations, and that Iranian transsexual persons have reconstructed and redefined gender and gender relations in a way that informs their understanding of gender and sexuality beyond the existing Islamic legal and social norms. Moreover, intersectional analysis of the interviews demonstrates how the legal misrecognition of transsexuality creates space for a discourse which in itself leads to the misrecognition of other gendered identities, such as homosexuals and transwomen. (shrink)

Religious thinking, including among Muslims, connects food and sex, as well as women and animals; both food practices and gender norms are significant for communal identity and boundary construction. Female bodies and animal bodies serve as potent signifiers of Muslim identity, as patriarchal thought sustains the hierarchical cosmologies that affirm male dominance in family and society and allow humans to view animals as legitimately subject to human violence. I argue that Muslims in the industrialized West—especially those concerned with gender justice—ought (...) to be vegetarians and that feminist ethics provides underutilized resources for Muslim thinking about ethics generally and food ethics in particular. Much contemporary Muslim thought about meat is at least as concerned with demonstrating the primacy of “Islamic” identity as with general questions about the formation of virtuous subjects and the development of good societies. This defensive concern with religious authenticity poses a stumbling block to richer thinking. Engagement with non-Islamic ethics provides a model for productive dialogue and engagement among parties who disagree about basic presumptions but agree on desirable outcomes, including the development of individuals' ethical sensibilities and the construction of societies conducive to human flourishing. (shrink)

This essay explores the ways in which emerging religious understandings of sexual reassignment surgery (SRS) have potential for new work in comparative ethics. I focus on the startling diversity of teachings on transsexuality among the Vatican and leading Shia clerics in Iran. While the Vatican rejects SRS as a cure for transsexuality, Iranian clerics not only support decisions to transition to a new sex, they see it as necessary in some cases given the gendered nature of the moral life. In (...) this essay, after describing the practical justification for sexual reassignment surgeries in Iranian fatwas and the emerging official Vatican position on transsexuality, I explain how these divergent positions are based on different semiotics of sex and gender that reflect specific ontological views of the human body. (shrink)

Volume 1. Égypte antique, Grèce antique, Empire romain, judaïsme, islam, Perse mazdéenne, hindouisme -- volume 2. Des débuts du christianisme à aujourd'hui.