This article aims to discover why young people in Indonesia choose Islamic faith-based (sharia) housing that is more homogeneous than conventional housing. This is important because the growth of sharia housing in Indonesia has experienced a significant increase in the last five years. Sharia housing requires residents to be of the same religion, comply with the rules of purchase and follow the payment scheme according to Islamic law. In fact, in the last two years, this homogeneous housing (...) has seen increasing demand among Muslim youth in Indonesia. Through in-depth interviews with 10 sharia housing buyers, this study explores the reasons behind young peoples' preference for sharia housing, which are not monolithic, that is, they are not solely made for ideological reasons, but are often made for economic reasons. Exploration of the various reasons for millennials choosing sharia housing is essential to understand the tendency of young people to prefer such exclusive residential complexes. CONTRIBUTION: This study reveals young Muslims' motivations in Indonesia to choose religious identity-based housing. It aims to contribute to the actual debates on the dynamics of young Muslims in Indonesia and their current trends in consuming Islamic faith-based products. (shrink)

Sharia and the Making of the Modern Egyptian: Islamic Law and Custom in the Courts of Ottoman Cairo. By Reem A. Meshal. Cairo: American University in Cairo Press, 2014. Pp. xii + 290. $75.

In late 2003, the Canadian media reported that the Islamic Institute of Civil Justice would start offering arbitration in family disputes in accordance with both Islamic legal principles and Ontario's Arbitration Act of 1991. A vociferous two-year debate ensued on the introduction of “Sharia law” in Ontario. This article analyzes representations of Muslim women's agency that came to the fore in this debate by examining reports in three Canadian newspapers. The debate demonstrated two notions of agency. The predominant perspective (...) conceptualized Muslim women's agency as their ability to resist domination, tying secularization to agency. A second strain of the debate portrayed agency as embedded in intersecting social forces of domination and subordination. The first perspective homogenized diverse Muslim communities, fostering the gendered racialization of these communities. Understanding agency as embedded, by contrast, enabled conceptualizations of Muslim women as agentic religious subjects. (shrink)

El autor examina la naturaleza de la Sharía y su relación con los sistemas jurídicos modernos para considerar cómo podría seguir operando en el contexto del estado secular moderno en el que todos los musulmanes viven hoy día. La Sharía es muy influyente entre los musulmanes, con independencia de su estatuto jurídico formal en el país. Sin embargo, la noción de un estado islámico es conceptualmente incoherente e históricamente falsa, y cualquier principio de la Sharía que se haga cumplir mediante (...) la autoridad coactiva del estado deja de formar parte del sistema normativo del Islam y se convierte en expresión de la voluntad política del estado. El autor propone que el fundamento de toda política y legislación públicas debe siempre basarse en lo que podría llamarse “la razón pública”, en virtud de la cual los musulmanes y otros creyentes estarían capacitados para proponer iniciativas políticas y legislativas que emanen de sus creencias religiosas, siempre que puedan sostenerlas en un debate público, libre y abierto mediante razones que sean accesibles y convincentes para la generalidad de los ciudadanos, con independencia de su religión u otras creencias. Pero, dado que tales decisiones serán adoptadas en la práctica por el voto mayoritario, según principios democráticos, toda acción estatal habrá también de conformarse a salvaguardias básicas constitucionales y de derechos humanos contra la tiranía de la mayoría. (shrink)

The normative figure in Western feminism remains the liberal autonomous individual of modernity. ‹Other’ women are those who have their freedom to choose restricted. Typically, ‹other’ women are those burdened by culture and hindered by their communities from entering modernity. If we remain in the terrain of thinking about women as vulnerable or imperilled, and some women as particularly imperilled, as we generally do of Muslim women, we remain squarely within the framework of patriarchy understood as abstracted from all other (...) systems. A modernity/premodernity distinction will continue to invade any projects intending to help Muslim women. This paper shows the persistence of the modernity/premodernity distinction in contemporary debates around applying Sharia law to the settlement of family law disputes under the Arbitration Act in Ontario, Canada. I argue below that in their concern to curtail conservative and patriarchal forces within the Muslim community, Canadian feminists (both Muslim and Non-Muslim) utilized frameworks that installed a secular/religious divide that functions as a colour line, marking the difference between the modern, enlightened West, and tribal, religious Muslims. I suggest that feminist responses might have helped to sustain a new form of governmentality, one in which the productive power of the imperilled Muslim woman functions to keep in line Muslim communities at the same time that it defuses more radical feminist and anti-racist critique of conservative religious forces. I end by exploring how this effect could have been restricted. (shrink)

In Canada, much media attention has recently been focused on the formation of arbitration tribunals that would use Islamic law or Sharia to settle civil matters in Ontario. In fact, the idea of private parties voluntarily agreeing to arbitration using religious principles or a foreign legal system is not new. Ontario's Arbitration Act has allowed parties to resolve disputes outside the traditional court system for some time. This issue has been complicated by the fact that Canada has a commitment (...) to upholding both a policy of multiculturalism and an international obligation towards women's rights. Although these values need not necessarily conflict, in this context, they have carried a tension that must be reconciled. This paper will examine the legal implications of faith-based arbitration tribunals in family law, with a particular emphasis on the impact that Sharia could have on Muslim women in Ontario. (shrink)

This article aimed to highlight how polemic between Muslims and Christians on halal tourism is discussed in Indonesia. The study concerned three research questions: How do Christians view halal tourism? Is the halal tourism a term that has the potential to build segregation according to the Christians’ perspective? How do Muslims respond to Christians on halal tourism? By reviewing related literature and conducting interviews and analysis using reception theory, this study reached the following conclusions. Firstly, Christian religious figures view on (...) halal tourism by varied characters: realistic, substantial and critical. Secondly, for those with oppositional views, they emphatically said that the term halal tourism had the potential to build segregation. Meanwhile, in a negotiation position, the main substantial one is still open minded for discussion if there is a concept that is formally more inclusive and from the material side representing the common will even though it was originally a will of a particular group. Thirdly, Muslims, as represented in the Indonesian Ulema Council (MUI), perceive that halal tourism does not interfere with other religious beliefs, but it has an economic value for the country.Contribution: Practically, this article contributed to opening opportunities for halal tourism to be recognised by all elements in a multi-religious society. Differences in potential reception occur because the sender of the message and the recipient of the message have basic assumptions according to their respective contexts. (shrink)

In the decade since Al-Qaeda, led by the late Osama Bin Laden, attacked America, there has been a resurgence in the debate about the relationship between religion and politics. The global Islamic terrorist networks and their successful operations against various targets around the globe increasingly draw attention to what constitutes the core values of Islamic extremism: the logic of evangelistic strategy, the import and relevance of its spiritual message and consideration of the composite view of life that does not distinguish (...) between sacred and temporal mandates. Suspicions have been fuelled that Islam is incompatible with modern democratic systems and pluralist outlooks. The real cause of Islamic militancy is at once universal and particular. The Nigerian experience of this radical Islamism-Boko Haram-brings home the once “distant” threat to global peaceful co-existence. While there exist arguments regarding the raison d’etre and means or methods of the operations of Boko Haram, the end has been normative; to achieve a purely religious nationalistic system on the basis of the sharia code of ethics. This paper, therefore, critically analyses the historical and philosophical interpretations of Islamic history constructed as an infallible corpus, and how it has been impacted by the democratic vision in Nigeria. It concludes with a consideration of the possibility and practicability of a liberal system at once free and religious in a pluralist and global society. (shrink)

In many cases, mosques have been accused by anti-terror agencies as a potential place to spread transnational Islamic ideologies. This study examines the perceptions of mosque administrators (ta’mīr) about Pancasila, Islamic sharia and transnational ideology. This research took place in South Tambun, a densely populated subdistrict in Bekasi, West Java. Mostly populated by urbanites, it has heterogeneous religious understanding. A quantitative research method with descriptive statistics is used in this study to analyse the results of the survey conducted. Furthermore, (...) a qualitative technique is carried out through a series of interviews conducted with the respondents. Triangulation is carried out to increase the validity and credibility of the findings. The results showed that 40% of mosque administrators surveyed thought that transnational ideologies were not in accordance with the spirit of Pancasila. Meanwhile, the remaining 40% and 20% of respondents, respectively, consider transnational ideologies to be dangerous to social order, and divisive. The qualitative analysis shows that the respondents do not want the implementation of Islamic sharia and an Islamic state within the Indonesian constitutional framework.Contribution: This research can be used by policymakers and anti-terror agents to proportionally and participatively involve mosque administrators to narrow the wiggle room for the spread of transnational ideology. (shrink)

The Aceh Jinayat Qanun, which is often considered violating Human Rights, has become the choice of the non-Muslim minorities as their rational choice. This study aims to analyze non-Muslims’ choice of The Aceh Jinayat Qanun implemented by the Sharia Court in Aceh and its underlying motives. This study relies on field research involving observations, in-depth interviews with Sharia Court judges, Head of the Islamic Sharia Service, Acehnese clerical figures, and Non-Muslims involved in criminal cases handled by the (...) Sharia Courts. This study also analyzes Sharia Court decisions on criminal cases involving non-Muslims and various related documents issued by the Sharia Courts, police, and prosecutors. The study was undertaken between July 2017 and March 2020. The study shows that the Acehnese non-Muslims do not select The Aceh Jinayat Qanun because of its religious values but based on practicality, efficiency, and socio-cultural consideration. The Sharia-based sentences, which have often been conceived as inhuman and violate fundamental human rights, are chosen and become the rational choice for non-Muslims in solving their legal issues. This paper concludes that the implementation of the Sharia on non-Muslim has not always been negative. This paper demonstrates non-Muslims’ interest to choose Sharia-based criminal justice or The Aceh Jinayat Qanun over the Criminal Code. This can be seen as their rational choice over a more efficient, low-cost, effective, and fast legal process offered by The Aceh Jinayat Qanun sentencing system. (shrink)

This research investigates the impact of auditor experience and ethical perspectives on audit quality and financial reporting in Sharia banks in Indonesia. Utilizing a quantitative approach and employing Partial Least Squares Structural Equation Modeling (PLS-SEM), the study reveals a positive and significant relationship between auditor experience and both audit quality and the quality of financial reports. Ethical perspectives of auditors are also found to positively influence these outcomes. The findings highlight the importance of investing in auditor expertise and ethical (...) considerations to ensure the integrity and reliability of financial information in Sharia banks. The study contributes valuable insights for practitioners and policymakers in the Islamic finance sector, emphasizing the crucial role of auditor experience and ethical perspectives in enhancing audit quality and financial reporting in Sharia banks. (shrink)

The common method of the traditional Islamic Jurisprudence in seminaries has been challenged by Ayatollah Yousef Saanei, one of the ten prominent Iranian Grand Ayatollahs. Saanei is well known for attempting to institutionalize a new method of Ijtihad, known as searching Ijtihad, which seeks to reconsider the common mode of understanding religious texts and jurisprudential inferences. His experiences of observing the systematic ineffectiveness and discrimination in popular jurisprudence regarding women’s rights, family, and religious minorities persuaded him to take scientific action (...) in revising the common jurisprudential method. In the present paper, the necessity of revising the common jurisprudential approach in seminaries from Saanei’s point of view is firstly studied. Afterwards, the foundations, principles, and methods of modern Saanei’s Ijtihad will be investigated to determine the structure and foundations of his jurisprudential method and evaluate its impact on resolving the contradictions between traditional perceptions of religion and human rights. (shrink)

The crux of the present paper is that Fiqh can be considered as a religious apparatus mediating between the spheres of divine addressivity and Sharia performativity. The former may manifest itself as the addressing of a spectral prophetic figure or the hidden Imām; however, the latter may emerge in the form of a responsive-performative discourse characterized paradoxically by the autonomy of ontology, heteronomy of force and pen-ultimacy of statements. By fabricating a sacred archive, establishing some hermeneutical devices (generative and (...) interpretative), and designating authentic archons, Fiqh as a mediating factor determines the ultimate form of the performative discourse of Sharia and renders the spectral addressing into a sonorous imperative tone. With regard to their various semiotic procedures, different Fiqh apparatuses, in Islamic worlds, lead to divergent and sometimes discordant binding discourses ranging from sovereign and generative Sharia laws to suspended divine rules. (shrink)

Carrying out analyses performed on the provisions of “Pre-Islamic Divine Laws”, which is described as the religious provisions introduced by the prophets before Prophet Muhammad is one of the questions of debate in Shafiī Sect. The reason laying out of this controversy is based on the question, whether the provisions enunciated via the prophets before the Prophet Muhammad are recognized within the legal aspect, or not. On the other hand, there is no controversy between the procedural, on non-binding for Muslims, (...) about of the previous divine communiqués, which are not mentioned in the Qur’ānor the sunnah, and previous divine messages with evidence that they were abolished despite their presence in these two sources. In the same way, there is no debate about the fact that the provisions of the previous divine religions that were in force for Muslims, such as fasting, also remained in force for Muslims. In this case, with taking part in the Qur’ān or the sunnah, the provisions that there is no evidence about whether they abolished or not, it is debated that they are for Muslims binding or not.In this study, our objective is to carry out analyses and researches on the methodological conceptions of Imam Shafiī and Shafiī lawmen with regards to Pre-Islamic Divine Laws, which have no evidence for being retained in force or being abolished for Muslims despite being mentioned in the Qur’ān or the sunnah, as well as on the level of theoretical conceptions of these scribes being put into practice within the scope of fiqh examples.SummaryIt is a must to identify the scope of Pre-Islamic Divine Laws (Sharia Man Qablanā) [shariah of those before us], which is discussed in terms of being recognized as a shariah evidence by the Shafiī lawmen before analzying the opinions of Shafiī Sect followers. Yet, setting forth the opinions in a healthy manner is based on the identification of the question of debate. Within this context, it is a must to draw up the lines and borders in what the Shafiī lawmen / lawyer and canonists / judiciary mean by the term “Pre-Islamic Divine Laws (Sharia Man Qablanā)” in order to designate the practical results of methodological discussions on Pre-Islamic Divine Laws.Sharia Man Qablanā, of which lexical meaning is “shariah of those before us” is defined in fiqh as follows: “These are the religious provisions acquainted by the prophets before Prophet Muhammad”. In fact, this definition can be categorized as “general” in terms of the evidential value of Sharia Man Qablanā. In that, since it is not possible to carry out an analysis on the reliability of the informational value in the previous divine notices, which cannot be conferred neither in the Holy Qur’ān and the sunnah, each and every lawmen and canonists, including those recognizing Sharia Man Qablanā as hujjat (proof), have come to an agreement that the early divine notices that are not mentioned in the Holy Qur’ān and sunnah will not be recognized in terms of its informational value for Muslims, thus being besides the mark to discuss its validity and bindingness. In this case, the outlines of Sharia Man Qablanā, as controversial in terms of its hujjat value, must be specified. Belonging the earlier divine religions as per the works of lawmen, Sharia Man Qablanā is subjected to a categorization of four part with regard to provisions mentioned in the Holy Qur’ān or the sunnah, whether they are recognized as hujjat by Muslims. 1. The provisions that are not mentioned in the Holy Qur’ān or the sunnah, yet being mentioned only in the earlier monotheistic revelations. The fiqh lawmen have come to an agreement that these provisions are not binding for Muslims, and even that it is not permissible to act in accordance with these provisions. Because, there is no certain information on whether these provisions are reliable.2. The earlier divine notices, which have been proven to be nullified for Muslims, despite being mentioned in the Holy Qur’ān or the sunnah. Since these divine notices have lost their validity, there is a consensus among Muslims that they are not recognized as hujjat. The following hadith is shown as an example as of from the sunnah for this part “Pillage was not halal to those before me, but not it is halal to me” (Muslim, “Masājid”, 56). In that, this hadith indicates that prohibition with regards to the pillage, which was not permissible to the earlier ummahs (nations), is not recognized by Muslims. Thus, rendering pillage as not halal cannot be attributed to Muslims. 3. The provisions of earlier divine religions, which remained in force about Muslims. The canonists exemplify this matter with “fasting”. It can be understood from the verse “O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) self-restraint.” (al-Baqara 2/183) that the fasting was a provision as prescribed for the earlier ummahs, which remained in force for Muslims as well. There is no controversy on the matter that fasting is prescribed for Muslims too, as it can be clearly seen from the verse. The hadith of the Prophet Muhammad “It (sacrificing an animal for God) is the sunnah from your Ancestor Ibrahim” (Ibn Majah, “Adāhi”, 3) can be shown as an example that sacrificing an animal for god is applicable to Muslims as well. As a matter of fact, this hadith attests that sacrificing an animal for god is applicable to Muslims, as it is in the religion of the Prophet Ibrahim. 4. The provisions from earlier divine religions, which have no evidence whether they were revoked or remaimed in force for Muslims. The canonists cannot find any evidence for the provisions with regards to the alternative utilization of something between the partners to be recognized as applicable for Muslims within the scope of the following verses: “Here is a she-camel: she has a right of watering, and ye have a right of watering, (severally) on a day appointed” (al-Shu‘ara 26/155) and “And tell them that the water is to be divided between them: Each one's right to drink being brought forward (by suitable turns)” (al-Qamar 54/28). Similarly, there is no evidence that the provisions concerning the retailation, as prescribed in Torah, whether they remained in force or were revoked, as it can be seen in the verse “We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal” (al-Ma’ida 5/45). (shrink)

During the 1980s, Morocco became a platform for discussion of democratization projects in North Africa and the Middle East. This served as fertile ground for feminist reverberations attempting to reform the mudawanna, or shari’a based family-law in Morocco, and consequential resistance to reform by women within the political Islam or “Islamist” movement. Feminist scholarship in Morocco, as is the case with other parts of the Middle East, is inevitably political. Zakia Salime’s book Between feminism and Islam: Human Rights and (...) class='Hi'>Sharia Law in Morocco problematizes the resulting conceptual boundaries of feminist and Islamist politics in Morocco. She became interested in the issue with her involvement with the feminist movement during the 1990s. Unlike other authors that discuss feminism in the Middle East, Salime is not interested in assuming any generalizations in discussion of marginalization of women versus political Islam. Rather, she aims to analyze in detail the dynamic relationship of feminist and Islamist movements. (shrink)

The banking sector is one of the most important economic sectors in all countries. It represents the backbone of economic life, as it acts as a mediator between savers and investors and provides them with many banking services to meet the requirements of the economic process. This study aimed to define the concept of financial services provided by Islamic banks, their characteristics, and their most key features, while addressing the level of quality of banking services and the extent to which (...) they meet the desires of customers. This study was divided into two sections: Section One: The concept, characteristics, and features of banking services. Section Two: Banking services provided by Islamic banks. (shrink)

The case of highland Yemen up to around the middle of the twentieth century involves a history different from most Muslim societies in that, from 1919, the Yemeni state was independent. The problem I address concerns the utility of thinking about the highland property regime in this era in relation to the categories of "private" and "public." What sort of antecedents existed, at the level of property relations, for later commercial transformations that would culminate in such things as Pizza Hut (...) franchises? In Yemen, the polity of the period was a type of Islamic state, one based on the shari`a in ideology and in application and headed by a classical form of jurist-leader, a figure known as an imam. Prior to the twentieth century, this Yemeni form of a shari`a-based Islamic polity had a thousand year history in the highlands. Shari`a courts had exclusive competence as state tribunals, and judges, trained on old-style law books, heard the full gamut of litigation. By contrast, colonial changes in other Muslim societies typically entailed a sharp alteration and restriction of the sphere of the shari`a, often limiting application to the domain of "family law" alone. At the same time, the highlands had yet to commence the other great and, elsewhere, ongoing modern transformation of the shari`a, codification and legislation, which would not begin in Yemen until after the Revolution of 1962.Highland society at mid-century was agrarian, based primarily on settled plow cultivation, and the associated property regime was almost exclusively "private." In Yemen, the "private" property regime centered conceptually on milk, a category of individual ownership of immoveable property, and on the concept of mal, a commercial commodity. As a form of private, landed property, milk involved rights that could be acquired, alienated and inherited, and the associated agricultural production was based on lease contracts between landlords and sharecroppers. Pious endowments were the basis for one of the great Muslim "public" institutions, which supported mosques, schools, water systems, etc. Another fundamental "public" institution was an extension of the "private" commercial notion of mal into the state institution of the 'House of Mal,' or Treasury. Other key "public" institutions were the imamate itself, a form of Islamic state, and the shari`a court. This shari`a system can be thought of in terms of three levels of legal texts. At the highest level, shari`a doctrine, the jurisprudence of the period, constituted an ideology of the property regime. The doctrine provided models for both the range of substantive undertakings and for court processes, but the relationship of these models to the property relations and to litigation on the ground is a key question. At the lowest level, the routine documents of ongoing, uncontested practice proliferated. These included ordinary sale documents, leases, marriage contracts, endowment instruments, wills and estate inheritance instruments. Between high doctrine and low instruments were the records of shari`a court judgments, records in which the conflicts and contradictions of the property system were expressed, argued and ruled upon. In certain problem areas of the law, the ruling imams's personal doctrinal "choices" were designed to guide court judges in their rulings. (shrink)

Sharia is a religious legal system that is based on the divine mandates revealed in the Quram and the Sunna as has been interpreted bu the main Islamic Schools of Law, both Sunni and Shiita. In orden to understand what is at stake, distinctions between the main Islamic traditions in this ground was one of the factors that have led to an imprecise use of terminology of the Quram which refers to the Islamic divorce, that is: the Talaq. Its (...) confusion has also been reflected in the case law of the Spanish Supreme Court which regards to the effects of Talaq under the Spanish Civil Law. Bilateral Accord concluded betwen the Spanish Goverment and the Islamic Religious Comunities of Spain has not regulated the requirements of the recognition of the islamic divorce in our legal system. Nevertheless, whether repudiation has been made under the Civil Law of a Muslim State, it could be recognized in Sapin under the rules of procedure of the International Private Law. The main purpose of such recognition is to guarantee the basic civil rights and liberties of the woman who has been repudiated. (shrink)

The recent financial crises indicated the need to reinforce corporate governance mechanisms in emerging and developing market economies. Corporate governance refers to all the factors that affect firm processes. Firms must avoid debt financing instruments and adopt financing instruments that allow for “risk-sharing” rather than “risk-shifting” because all recent financial crises were, in essence, debt crises. The primary objective of this paper is to examine the principles of risk-sharing promoted by Islamic finance and study their implications for corporate governance. The (...) secondary objective of this paper is to propose a pricing model for a new risk-sharing financial instrument that was recently discussed by Zarka and Al-Suhaibani. We study the implications of this new instrument as a powerful tool for corporate governance in the case of Islamic markets. We explain the possible contribution of IPS to agency cost reduction, Sharia screening costs and ethical corporate governance. (shrink)

The Islamic finance industry is relatively new and vibrant. It is becoming a mainstream industry in the MENA. The industry is based on a number of Sharia’a maxims and in particular the prohibition of Riba. Islamic law scholars’ emphasis on the ethical dimension of this industry and how it can be seen as a solution to existing capitalism. The current financial crisis presented this industry with an unprecedented test and an opportunity to influence and merge into main stream finance. (...) This paper presents an evaluation of Islamic finance industry in the current financial crisis and whether the governance and ethical foundation of Islamic finance institutions distinguished itself from conventional finance. Thus, this paper begins with an overview of Islamic finance, then it discusses the governance framework structure of Islamic finance institutions and the role of its organs. In addition, this paper will compare between the ethical framework of the Islamic finance institutions and the conventional institutions. Finally, this paper will discover the ethical failure of the current global financial system and its relation with the current financial crisis. (shrink)

In this personal narrative the author recounts his experiences teaching bioethics in Pakistan. He notes the different moral, cultural and legal environments of Pakistan as compared to the United States, and in particular, the ways in which subtle interpretations of Sharia law shape bioethical reflections as well as the biomedical legal environment. As he argues, any attempt to export models of bioethics from one country to another with no attention to social and cultural differences is a recipe for failure. (...) To presume that all ethical considerations are universal is to devalue moral traditions that differ from our own, and dismiss cultural values of other societies. (shrink)

In the article explored the period of the Sunni concept of state and government that allows us to understand the processes that shaped the modern concept of Islamic political structure of society. The genesis of the concept of a Sunni state and government includes period from the Early Islamic state till final design developed by medieval Muslim religious leaders and lawyers of the principles and norms. It is shown that this period of political organization Ummah begins from the first days (...) of Islam, because Islamic state appears mainly to protect the newly established religious doctrine. Sunni concept of government particularly emphasizes the non-absolute power of the Caliph. He doesn`t enjoy any privilege or immunity and he is also equal before the law like a simple Muslim. He is only a temporary leader of the Ummah. The peculiarity of this author believes state legislative functions in the absence of power - it can be administrative, executive and judiciary and aims observance and fulfillment of the divine laws. Contradictions between the executive and legislative authorities can`t be, because they are actually executing divine laws. That`s why author believes that concept of Sunni state and government this is first of all theoretical construct of nation-building than historical reality. (shrink)

Debates about preserving, modifying and applying sharia through principles of taqlid or ijtihad are immensely useful in thinking through a sharper definition of tradition for political theorists and historians of political thought more generally. Political theorists and historians of political thought have tended to use tradition in a range of ways without specifying key elements of the concept. Building on debates in Islamic thought related to taqlid and its relationship to ijtihad, and through a focus on the ideas of (...) a contemporary thinker, Javed Ahmed Ghamidi, this paper proposes that tradition in political thought can be defined as a framework for knowledge production and consumption constituted of two key elements: method and sensibility. Further, the paper suggests that this definition allows us a better understanding of vibrancy in a tradition: vehement debate, contradictions and internal contestation are not signs of decay but of vitality within a tradition. It is the severe delinking of the two elements of a tradition, method and sensibility, which has greater potential to reduce its vibrancy. (shrink)

Rapid developments in science and technology have resulted in novel discoveries, leading to new questions particularly related to human values and ethics. Every discovery and technology has positive and negative implications and affects human lives either directly or indirectly, involving all walks of life. Bioethical discourse in Malaysia must consider the multiracial and multireligious background of Malaysia and especially the Islamic view as the majority of Malaysians are Muslims and Islam is the religion of the federation. This article discusses several (...) selected bioethical issues in Malaysia by studying the application of maṣlaḥah (the public good) and mafsadah (evil and harms) in Malaysian Islamic rulings (fatwas). This article uses the critical interpretation approach, as this is an ethical, interpretive, textual, and contextual analysis. In a situation when there is a conflict between maṣlaḥah and avoidance of mafsadah, it is preferred to attempt to address both needs. However, if maṣlaḥah and avoidance of mafsadah are mutually exclusive, the decision to choose must be made by weighing (tarjīḥ) and choosing the one which is superior. The maṣlaḥah and mafsadah concepts play vital and significant roles in bioethical discourse to realize human essential interests, namely faith, life, lineage, intellect, and property, thus achieving maqāṣid al-sharīʿah (the ultimate goal of sharia). This concept helps in guiding bioethical discussions, especially in determining the priority between achieving benefits and avoiding harms. The application of this concept will also assist Malaysian authorities in formulating appropriate rulings, especially bioethical issues related to Malaysian Muslims’ lives. (shrink)

Despite the majority opinion of Muslim jurists that organ donation is permitted in Sharia, surveys indicate continuing resistance by lay Muslims, especially to donating organs following death. Pakistan, a country with 165 million Muslims, currently reliant on live donors, is considering steps to establish deceased donor programs which will require public acceptance and support. This article analyzes the results of in‐depth interviews with 105 members of the public focusing on opinions and knowledge about juristic rulings regarding kidney donations, donor‐family (...) dynamics in deceased donation decisions, and attitudes towards buying kidneys. The objective was to determine the influence if any of cultural and religious values, and norms of traditional family structures and kinships, on decisions to donate. Study participants view donation of kidneys, particularly from the deceased, through a different lens from that used by jurists and physicians, one that also does not conform to familiar paradigms defining ethical organ donation. A socially modulated understanding of Islam passed down the generations, and longstanding family‐centric norms, shape the moral worldview of many rather than academic juristic rulings or non‐contextual concepts of autonomy and rights. The results of this study also highlight that medical science may be universal but its application occurs within particularities of cultural and religious values, social constructs of the self and its relationship with others, and different ways in which humans comprehend illness, suffering, and death. These findings are of relevance both to transplant related professionals and bioethicists involved with this field. (shrink)

Advances in reproductive medicine have provided new, and much needed, hope for millions of people struggling with infertility. Gestational surrogacy is one such development that has been gaining popularity with infertile couples, especially those unable to benefit from other reproductive procedures such as In Vitro Fertilization. For many Muslim couples, however, surrogacy remains a nonviable option. Islamic scholars have deemed the procedure incompatible with Islam and have prohibited its use. This paper examines the arguments presented for proscribing surrogacy arrangements in (...) Sunni Islam in particular. These include preservation of lineage, exclusion of third parties in reproduction, upholding the rights of the child, and protection from the negative effects of surrogacy arrangements. The rationales for banning surrogacy are subsequently refuted utilizing Islamic law “Sharia”, bioethics, and medical evidence. The paper also presents reasons for why surrogacy is not only consistent with Sunni Islamic teachings, but is also both ethically justified and medically necessary. Lastly, Islamic scholars are urged to take into account the arguments presented in this paper and reconsider their rulings on the permissibility of surrogacy. (shrink)

This book approaches the question of technology from an Islamic ethical perspective. The book tries to broaden the scope of the Sharia to deal comprehensively with the ethical questions and dilemmas that arise in the midst of a postmodern technological culture due to the absence of well-defined religious-ethical ends. It looks at the maqasid as a universal ethical theory to be interpreted and applied in the global technological context. It weaves the contemporary philosophical analysis of technology within the maqasid (...) discourse and assesses modern technology through the lens of the ultimate aims and purposes of the Sharia. It works out the relationship between the various objectives and how they can be developed into an Islamic ethics of technology. Following in the recent interest in the objectives of the Sharia, the book further expands the scope of the maqasid and carries it further to encompass metaphysical and ethical debates surrounding technology. Anyone interested in finding alternatives to the existing technological model will find this book valuable. Specifically those interested in Islam and Modern World and how ijtihad is being undertaken to tackle contemporary ethical problems will find this book helpful. (shrink)

If Place Spirituality is considered as an attachment experience to a geographic place or an “object,” for Muslims this concept can be explained by the sharia or Islamic law. However, in the highest level of experience as a Muslim, one may attach to God everywhere and at all times, without consideration of any place, time, or object. This experience can clearly be understood with the explanation of the three levels for Muslims: sharia or “conceptual knowledge,” tariqa or “experiential (...) knowledge,” and ma’rifa or “divine spiritual experiences” or “spiritual consciousness”. At the first and second levels, one may have a Place Spirituality, while at the third level the understanding of and connection to God might be enhanced, and the experience to connect to God can be everywhere, all the time. (shrink)

Learning the truth: memorizing the Koran in an Egyptian kuttâb -- The context of truth practices: legislating the sharîa at the shopfloor level -- Telling the truth: the judge and the law in family matters -- The truth about oneself: three Arab channels and their self-presentation -- Speaking the truth: advocacy video clips against terror -- Narratives of truth: documenting the mind in a psychiatric hospital -- Conclusion: Truth: a matter of language game and practical achievement.

This qualitative research is a philosophical review about analyzing how circumcision can (cannot) be morally justified. It is typically assumed among Muslims that circumcision is mandatory according to Islamic law (Sharia). However, in this paper, I will argue that this is not clear in Islamic texts. Because firstly there is no textual evidence in the Quran about this matter and secondly permissibility of circumcision is not an agreed topic among Muslim scholars. This entails that circumcision is not a necessary (...) part of being a Muslim. Although this idea seems idiosyncratic according to the majority of Muslims, I’m inclined to emphasize that we should not marginalize this idea, rather we have to support it for educational prosperity in Muslim communities. But perhaps more importantly this paper helps to introduce new Muslim intellectuals’ argument that moral reasoning is independent from (and even superior to) Islamic law. Since we do not have ultimate and decisive secular reason (e.g., medical reason) against male circumcision in every occasion, therefore, morally speaking, I believe it is not reasonable to say that male circumcision is always wrong. Muslims who support male circumcision still can find some secular reasons to defend this from their cultural identity. (shrink)

We examined the current field identity of Islamic banks and its evolution. We conducted interviews with 44 Sharia (Islamic law) scholars and related professionals in the fields of Islamic and conventional banking, representing nine jurisdictions. We found that Islamic banks are still hybrid organizations belonging to two equally powerful fields of Islamic law (Sharia) and conventional banking. Consequently, Islamic banks abide by two completely different institutional logics. The hybrid identity of Islamic banks resultantly became static due to institutional (...) pressures exerted by both root fields. We discuss how hybrid fields evolve focusing on the conditions that prevent hybrid field identities from becoming independent. We also contribute to the literature on elastic hybrid identity of organizations by theorizing an elastic fatigue model. Finally, we suggest some practical motions to boost the static hybrid identity of Islamic banks and transform it to an elastic one. (shrink)

The need for renewal felt in various fields with the Tanẓīmat, and the changes and modernization activities realized in accordance with it, and the nature and boundaries of these activities are important issues that determine the period's intellectual agenda. Some of the proposals for a solution to save the state are related to the renewal of religious thought. The bad situation in the Ottoman Empire stems from the way religion is understood, not from religion itself, and one of the names (...) that produce ideas about the necessity of changing this way of thinking is Ḥüseyin Kāẓım Kadri. He believes that Fiqh and Exegeticsshould be based on the work of updating the content of Islamic Sciences within the framework of contemporary needs. Claiming that the basic need of society is not Science of Kalām but Catechism, Kadri claims that the attempt of the science of Kalām, regulated to respond to the needs of the age will not result in even will cause religious conflict among people. In this article, Ḥüseyin Kāẓım Kadri'sintellectual background, his suggestions for the renewal of religious thought and his objection to the new Science of Kalām are discussed.Summary: What defines the history of late Ottoman period is the concept called change. There have been reform attempts in order to canalise the military, economic, socio-cultural change and transformation due to political turmoil starting from the end of the 16th century and beginning of the 17th century. Basic argument regarding these reforms finds its base on Qanūn al-Qadīm and the idea of returning to Sharia. Along with the Declaration of the Imperial Edict of Reorganization (Edict of Gulhane) the previous reforms which were made earlier changed dimension and westernization became a government policy. During the ongoing process, the change in terms of Westernization became a current issue within every segment of Ottoman society. Need for innovation in various areas, and therefore the change and modernization movements and accordingly these movements’ nature and boundries set the intellectual agenda of the era. Some of the suggestions are associated with renewal of the religious thought which are to keep the State from difficult situation it is in. Solutions proposed in this context creates a rich intellectual discussion environment within Western, Islamist, and Turkist intellectuals. Islamists in general terms are of the opinion that the difficult situation Ottoman is in does not stem from the religion itself but the way of understanding religion; and they are of the opinion that this way of thinking should be altered; when they bring about their suggestions, it is seen that the way of thinking is their starting point. What causes the Islamists fall apart within themselves is the nature of renawal. Islamist intellectuals, supporting the idea which is the content of islamic knowledge should be updated according the needs of era, suggest various ideas in terms of which dicipline should be in charge for the needs in question. While some intellectuals are of the opinion Kalām should be prioritised, some are of the opinion Fiqh and Exegetics should be prioritised. Ḥüseyin Kāẓım Kadri, who wrote under the pseudonym of Shaykh Muḥsin-i Fānῑ ez-Ẓāhirῑ, is one of these intellectuals coming up with an idea. Kadri suggests a renawal in thinking based upon Fiqh and ExegeticsḤüseyin Kāẓım Kadriis one of the most prominent intellectuals of Constitutional Period. Working as a governor of an Ottoman province, deputy, and minister and engaging in journalism, Kadri compiles a series of work in religion, language and agriculture. All of his efforts are to find ways of saving Ottoman from its difficult situations. Thus, Kadri questions the quality of the knowledge which was brought about in religious thinking and proposes solutions. What lies under his solution is the need for a dicipline for society’ s practical problems. He bases his opinion on opposition to new theology movement. According to Kadri, ever since Kalām was codified, it has never been useful to Muslims, on the contrary it has impaired the Muslims. Renowation of Kalām creates nothing but problem. In his opinion, due to using Greek philosophy content and method, Kalām is not a dicipline authentic to Muslims, besides it is a harmful dicipline which aims to damage the essence of Islam.One of the reasons why Kalām is out of Islamic thinking tradition is because of the Mu'tazila wises are the founders of this dicipline. Kadri is of the opinion that the wises/intellectuals belonging to this school and their theories regarding to understand the existence do not contribute to the field of faith. Admitting the function of Ahl-al Sunnah school generated after the Mihna Period, Kadri states the insufficient side of that function. To him, hence the subjects such as substance (cevher) –accident (araz), hudûth-eternality, wujud (vücûd)-nothingness (adem) etc have been discussed but at that time the subject in question could not be renovated in regard to needs. Another criticism of Kadri raised against Kalām is he considers this field the reason why Muslims are divided. Especially during the times when Muslims need to be in unity and solidarity, Kadri is worried about new discursion which will occur due to the renovation of Kalām attempts. This concern of Kadri causes him to object Kalām with a pragmatic motive.Kalām which is called Usulu'd-Din is another reason why Ḥüseyin Kāẓım Kadriis against Kalām. In his opinion, theologians complicates the subjects such as amalgation and adjectives of Allah instead of making it clear with ijtihad. Kadri who considers offering proof in terms of faith as faithlessness is of the opinion that faith is not a matter of reason but a matter of sense which has no doubt among people. Criticising the struggle for the enquiry of faith, Kadri puts an emphasis on the significance of the reinterpretation of the principles, for example in the field of Fiqh which deals with the practical area and says it is the most prominent religious duty. He also criticises the imitation of the past and remarks the importance of reason in Fiqh. As an alternative to Ilm-i Kalām, he claims a new Catechism and adds, it is going to provide the religious knowledge people need. It is an ideological contrast of Ḥüseyin Kāẓım Kadrito think Kalām is the reason for all the misfortune Muslims encountered. This opposition causes him to ignore all the accumulation in Kalām field. Moreover, it is the reason why he makes emotional deductions conflicting with historical facts. Kalām plays a role just like the other fields who could not contribute to Islamic Thinking and its renovation process in accordance with the needs of time. However, it is not realistic and reasonable to think Kalām is the only one responsible. (shrink)

Muslim legal culture is becoming more relevant to modern Ukraine, which can be explained, on the one hand, by the nature of Islam and, on the other, by the peculiarities of its current state in our country. After all, the internal logic of Islam, as a universal system that encompasses both religious and secular life, as one of the components of the awakening of Islam, involves recourse to Sharia, a strict adherence to which is an unmistakable criterion for Muslims (...) of deep religious faith. On the other hand, in addition to religious revival, in the lives of Muslims, social and economic, political, national and cultural problems need to be addressed and secular. It is secular relations that led to the formation of Muslim jurisprudence and its subsequent evolution. (shrink)

This paper examines the debate on gender equality which is considered by some groups to be in conflict with Q.S. An-Nisa [4]: ​​11. With a philosophical approach and referring to the concept of inheritance of Sa'id Ramadan al-Buthi in the _Kitab_ _al-Mar'ah Bayna Thughyan al-Nizam al-Gharbi wa Lata'if al-Tashri' al-Rabbani_, this paper tries to refute these allegations and offers a more gender-friendly interpretation. For al-Buthi, the verse has actually liberated women because the provisions are caused by the responsibilities imposed by (...) Islam on men as prospective husbands and not experienced by women. On the contrary, if women are empowered than men, that is a moral responsibility, not a _sharia_ responsibility. Thus, women have been given freedom by the _sharia_ in order to determine the choice to participate in bringing about stability in life, regardless of the existence of a condition of women more empowered than men that will not be the cause of changes in the provisions of _sharia_ concerning inheritance. (shrink)

Anthropological studies have shown that attitudes and behavior of majority of Muslims towards gender and women's issues are influenced by the combined patriarchal culture and patriarchal reading of Islamic teachings which is reflected in conventional fiqh. This creates room for domestic violence; men occupy a dominant position and women are obliged to show their submission to them, such submission being portrayed as divine order. Some of the men interviewed in this study defended their dominant position by exaggerating the interpretation of (...) religious texts that grant special privileges to men. Because of its serious repercussions on women, and because it runs counter to the basic principles of Islam on justice and equality and the overall objective of sharia, i.e. maslahat, such male-biased reading of religious texts should be challenged. Over 30 verses in the Qur'an support equality between women and men and refer to women's rights in various aspects of life. Many of these women-friendly Qur'anic verses are further supported by the Hadith, traditionally attributed to Prophet Muhammad. The question that emerges is: why are Muslims' attitudes quite contradictory to the spirit of gender equality and equity and women's emancipation advocated in the Qur'an's verses? Using three different perspectives: theology, legal, and anthropological case studies, this paper explores the answer to the above question and suggests how the gap between Islamic ideals on gender and their realities can be bridged. (shrink)

The II. constitutional period is a period of renewal in many areas. Political, social and educational changes also had influences in the field of religious education. One of the examples of these changes is the ʻAmelī I҆lmiḥal textbook written by Halim Sabit (DOD. 1946) in five volumes for both teachers and student. This study particularly aims to assess this textbook in terms of religious education. Accordingly, the following questions are addressed: “What are the topics covered in the ilmihal books written (...) for students and teachers? Is the content of the subjects taught appropriate for the religious education? Which methods, techniques, and essential matters are discussed in the ilmihal books for teachers? As having first grade elementary school textbooks for both teachers and students, the research is made just based on these books. Data were collected through the examination of the document, and the texts in Ottoman Turkish were transcribed into Turkish. Content analysis method was used in the analysis of the data. By examining both books, this study shows that belief, worship, and social issues were taught, and prayers and sūras were addressed as need to be memorized knowledge in the book. The books included inappropriate contents for first grade children regarding the belief issues such as fear of Allah, hell, and the hereafter. Summary: Education I҅lmiḥal, occupies an important place in the history of Islamic religious education. According to the religion of both adults and children to learn the principles of faith and worship, it is aimed to shape the daily life. In this context, for example, during the Ottoman period, In the period of II. Mahmut, boys were required to attend the primary school. Thus, it was ensured that children could learn I҅lmiḥal and Islamic sharia properly. Children are taught alif ba for Qurʾān readings in primary schools, as simple as required by religious duties, writing skills have been acquired and the four processing rules are memorized. The II. constitutional period is a period of renewal in many areas. Extreme innovative thinking is also reflected in education. Especially after the Balkan wars, the idea that the collapsing state would be saved through education was dominant. For the first time, a higher education institution for girls and a kindergarten for young children were opened. By recognizing the importance of pedagogy knowledge in teaching, the students have switched to a system where they can search for observation and experiment. Innovations in educational methods have started to be seen. It was seriously opposed to memorization, and the question and answer was seen as old methods. Instead, it was proposed to use sightseeing observation and discovery. Political, social and educational changes are also reflected in the field of religious education. As a reflection of the newly introduced methods, there have been changes in the ʻAmelī I҆lmiḥal books prepared for children. One of the examples of this is the ʻAmelī ʻIlmiḥal textbook, which was written by Halim Sabit in five volumes. This ʻAmelī I҆lmiḥal was prepared in 5 volumes for teachers and students.The main purpose of this study is to evaluate ʻAmelī I҆lmiḥal textbook in terms of religious education This study particularly aims to assess this textbook in terms of reigious education. Accordingly, the following questions are addressed: “What are the topics covered in the ilmihal books written for students and teachers? Is the content of the subjects taught appropriate for the religious education? Which methods, techniques, and essential matters are discussed in the ilmihal books for teachers? As having first grade elementary school textbooks for both teachers and students, the research is made just based on these books. Data were collected through the examination of the document, and the texts in Ottoman Turkish were transcribed into Turkish. The textbook prepared for the students of the first year consists of 21 boards/sheets. The sentences are quite self and short. The contents of the board/sheet are well suited to be discussed and explained. There are no headlines on the boards/sheets. The language of text is Ottoman. It is possible to express the topics covered in the book under the following themes:Prayer and Sūras: Basmala, Kalima Tawḥīd, Kalima Shahāda, Fātiḥa, Subḥana Rabbiyal Aʿala, Subhana rabbiyal ʿAẓim, As-salāmu ʿalaykum va Raḥmatullah, Taḥiyyat, Salawat Sharif, Iḥlas, Kawthar, Subḥanaka Prayer, Qunut Prayers.Faith Issues: Allāh, the fear of Allāh, thanks to Allāh, the Qurʾān, Prophets, Prophet Muḥammad, The Hereafter, Heaven Hell, Angels.ʿIbādat Issues: Zakāt, Ablution, Prayer, Adhān, worship in General (Salāt, Ṣawm, Zakāt, Ḥajj)Social Issues: Friendship, affection for minors, affection for parents, Muslims are Brother, human love, respect for the elderly, respect for scholars.The textbook prepared for the teachers of the first year; consists of 21 pages, 69 pages and Ottoman. As the students do not include the topics in the textbook, it is appropriate to mention the names of the subjects in the textbook of the teacher:1. Subject: Memorization of the Word of Tawḥīd and word of Shahāda; 2. Topic: Raising ideas about the nation in children; 3. Subject: The adjectives of Allāh Almighty; 4. Subject: Love of Allāh; 5. Subject: Angels; 6. Subject: The Divine Books; 7. Subject: Prophets 8. Subject: The Hereafter; 9. Subject: Thank Allāh; 10. Subject: Repentance; 11. Topic: Protecting the language from bad words and threats; 12. Subject: Zakāt and charity; 13. Subject: Riya҆ and his goodness engrave; 14. Subject: Love to the prophet Muḥammad; 15. Subject: Parental love; 16. Subject: The brotherhood of Islam; Subject: Human love; 18. Subject: Ablution; Subject: Prayer; 20. Subject: Respect for the elderly; 21. Subject: Love to ʿulamāʾ; 22. Subject: Fear of Allāh.Halim Sabit also gave information about the methods and techniques to be used in the course and emphasized that the teacher told his / her not by looking at the book. He thought it would be only influence the student in this way. It is recommended to use the appropriate language for the child, to make an introduction in the subjects that will be learned in the new subjects and to draw attention to the subject and to teach the subject gradually. An important advice is the knowledge that the teacher wants him / her to do in the long-term memory in the present sense. The teacher must repeat a subject several times while teaching a subject, and should not immediately remind a student of forgotten subjects, talk to a student and has finded to him. A subject should not be passed without being thoroughly understood, and the classroom needs to be opened by the teacher in order not to forget the learned subjects. The first fifteen minutes of each course should be reserved for the repetition of previously learned subjects. Content analysis method was used in the analysis of the data. By examining both books, this study shows that belief, worship, and social issues were taught, and prayers and sūras were addressed as need to be memorized knowledge in the book. The books included inappropriate contents for first grade children regarding the belief issues such as fear of Allah, hell, and the hereafter. (shrink)