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)

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)

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)

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.

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)

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 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)

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)

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)

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)

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)

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)

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)

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 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)

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)

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)

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)

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)

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing (...) normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation. (shrink)

The vast majority of Islamic scholars have claimed that the miraculousness of the Quran stems from its own structure; its fluency, eloquence and verse characteristics. They have also regarded the science of rhetoric as the basic tool for revealing the literary superiority of the Quran and understanding it properly. The objective of this research is to determine the views of the students of theology and sharia faculties on the rhetoric course and present them comparatively. To understand how rhetoric is (...) taught in different cultural and educational contexts, how it is perceived by students, and how the course contributes to their academic and personal development matters in terms of improving the rhetoric course. The method used in the study is qualitative research and the study was conducted in the phenomenological design. The study group of the research consists of the students studying at Cumhuriyet University Faculty of Theology, Batman University Faculty of Islamic Sciences and The University of Jordan- School of Sharia. The data were collected from the students selected by criterion sampling method using a semi-structured interview form in the second semester of the 2023-2024 academic year. The main criterion used was that the participants' native language was not Arabic and that they were taking a rhetoric course. Descriptive analysis technique was used to analyze the collected data. At the end of the research, it was concluded that the rhetoric course was important for the fields of the students at theology and sharia faculties. The vast majority of the students of faculty of theology stated that the rhetoric course contributed to the improvement of their Arabic, and a significant portion of them stated that the course was an important tool in understanding the Quran, other religious texts, and Arabic literature. Almost all of the students of the faculty of sharia stated that the course contributed to the understanding of the Quran in general, especially its literary i‘jâz. It was also concluded that a significant portion of both student groups had difficulty in the rhetoric course. According to the students of the faculty of theology, the most important issue that makes rhetoric difficult is their weak Arabic background, while according to the Sharia faculty students, it is their first encounter with rhetoric topics. The results reveal that the rhetoric course is effective in understanding the Quran and other religious texts and in developing students' thinking and expression skills, but the content and teaching method of the course needs to be updated. Within the framework of the findings and results of the research, it is suggested that the content of the rhetoric course should be organized in a way to center the literary aspect of the Qur'an in accordance with the theology program and more participatory teaching methods should be used. (shrink)

This article is an overview of the evolution of Islamic radicalism during the 19 th - 21 st centuries. It demonstrates that nineteenth century Islamic radicalism is based on the ideas of pan-Islamism, whose main representatives are J. al-Din al-Afghani and M. Abduh. In turn, Islamic radicalism of the twentieth to twentyfirst centuries is based on the ideas of Islamic fundamentalism. Its main representatives are H. Al-Banna, S. Qutb, the Deoband movement, al-Maududi and R. Khomeyni. Pan-Islamic theories of the 19 (...) th -20t h centuries are based on the thesis that people who seek liberation from colonial oppression should merge. However, scholars have different views on the union of the Muslim world. It was, once, regarded as a combination of historical circumstances and the political realities of the nineteenth century. These were further shaped by the basic idea of Islamic fundamentalism in the twentieth to twentyfirst centuries, which is Salafiyya, or a return to “pure Islam”, a revival of active faith traditions and the union of all walks of life under the Sharia law and strict interpretation and application of its rules. The instruments used by Islamic fundamentalists and radicals to implement it have been the Islam-related slogans for Takfir and Jihad. But in the 21st century, integration and globalization have started playing a significant role. Various geopolitical forces are using various tools, including the idea of Islamic radicalism. (shrink)

Originally published in 1958, this volume covers important aspects of Islamic history and culture: Arabia before the Prophet The Prophet The Koran and Islam The Caliphate From the Caliphate to the end of the Ottoman The Crusades The Maghreb Muslim Spain The Sharia Philosophy The Sciences Literature The Arts Problems of the Twentieth Century Arab World.

Ẓuhūr al-amān (The advent of security) is a book on civics published during the reign of Ammanullah Khan (1919-29) as amir of Afghanistan. The book's title pays homage to the name of Ammanullah Khan himself. In its treatment of the duties of the members of Afghan society to the ruler and to each other, Ẓuhūr al-amān appears to highlight the challenges faced by Ammanullah Khan in his efforts to modernize Afghanistan. The book is divided into more than 30 short chapters (...) describing the rights and responsibilities of the ruler, of persons living within a family unit, and of members of Afghan society as a whole. Some sections, such as one on the rights that are to be afforded to the king (ḥuquq-i lazima bar padishah), are further divided into subsections. The book begins with several chapters on religious matters, including those on tauhid (the unity of God), on ʻibada (worship), and on fahm-i sharīʻat-i rasūl ʻalayhi al-salām (the sharia). Ẓuhūr al-amān was published on October 11, 1923, by the then newly established Ministry of Education. The author of the work, a religious scholar by the name of ʻAbd al-Haqq, lists his father as ʻAbd al-ʻAziz from the village of Lower Arghanda in the township of Paghman, near Kabul. He highlights, as well, his tribal affiliation with the well-known Pushtun tribe of Suleimankhel. (shrink)

This article explores the trends in the implementation of Islamic moderation through aqidah and sharia in Singkawang, as it is considered the most tolerant city in Indonesia based on a research report published in 2019. Using grounded research analysis, the authors found three structured patterns: implementation strategies, implementation processes and implementation patterns. This study shows that these strategies and methods, implemented through a flexible, straightforward and easy-to-implement model are relevant to the fundamental values of Islamic education and offer a (...) means of forming a complete and comprehensive network. These implementation patterns encourage religious communities to develop and maintain healthy social relationships. Hopefully, such implementation patterns can be imitated and modified by policyholders to realise Islam rahmatanlil ‘alamin [as a blessing for all].Contribution: Scholars in the fields may benefit from the findings of the research as it provides a new perspective of the Islamic educational moderation theory grounded from the field research. It argues that the practice of community tolerance, especially by the Muslims, has been based on the good understanding of the theology of Islamic education moderation. Education matters in the process of community peace building and in generating tolerance through the implementation of Islamic moderation values. (shrink)

Biomedical technology is one of the most relevant and rapidly developing branches of science. In response to the major problems of bioethics and bio-law, bioethical dilemmas emerge in society, which constrain the abuse of new technologies. Medical discoveries, on the one hand, can greatly facilitate the life of humankind, but, on the other hand, the problem of interference in human nature actualizes the most fundamental questions concerning its ontology, the boundaries of permissible transformations, the responsibility of a scientist and a (...) specialist, applying the latest technologies, for remote and unpredictable consequences, due to the integrity and interconnectedness of various aspects of human nature. This paper presents the experience of generalizing the attitude of the main Islamic confessions and different approaches in the legislation of Islamic countries to the problem of editing the human embryo genome. Based on a review of scientific and religious literature, it is concluded that, although the Islamic world is increasingly using Western models of behavior, in matters of the permissibility of editing the human embryo genome from the point of view of Islamic bioethics, it is necessary to rely on the principles of Sharia and multidisciplinary knowledge. (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)

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)

This comprehensive survey of contemporary Islam provides a philosophical and theological approach to the issues faced by Muslims and the question of global secularisation. Engaging with critics of modern Islam, Shabbir Akhtar sets out an agenda of what his religion is and could be as a political entity. Exploring the views and arguments of philosophical, religious and political thinkers, the author covers a raft of issues faced by Muslims in an increasingly secular society. Chapters are devoted to the Qurâean and (...) Islamic literature; the history of Islam; Sharia law; political Islam; Islamic ethics; and political Islamâes evolving relationship with the West. Recommending changes which enable Muslims to move from their imperial past to a modest role in the power structures of todayâes society, Akhtar offers a detailed assessment of the limitations and possibilities of Islam in the modern world. Providing a vision for an empowered yet rational Islam that distances itself from both Islamist factions and Western secularism, this book is an essential read for students and scholars of Islamic studies, religion, philosophy and politics. (shrink)

Given the nature and importance of Islamic banks in recent times, we can expect them to have significant intellectual capital anchored in their Sharia‐based knowledge and expertise. However, we know very little or nothing about how and why intellectual capital‐related information is provided in their corporate reports. We fill this gap in our existing knowledge of the field with a view to enhance relevant literature. As far as we know, this article is one of the earliest exploratory attempts to (...) examine intellectual capital reporting practices of an Islamic bank. We have undertaken a longitudinal (2001–2015) case study related to the intellectual capital reporting practices of an Islamic bank. Key results include significant rise of intellectual capital reporting over time, dominance of internal capital‐related items in intellectual capital reporting profile and the dynamics of changes in intellectual capital reporting practices over time. Through an institutional theory lens, we explain that this is due to the changes in the external institutional environment and various intra‐organisational factors such as strong ethical culture, unique knowledge base (Sharia), and corporate governance regime. (shrink)

New Threats to Freedom In the twentieth century, free people faced a number of mortal threats,ranging from despotism, fascism, and communism to the looming menace of global terrorism. While the struggle against some of these overt dangers continues, some insidious new threats seem to have slipped past our intellectual defenses. These often unchallenged threats are quietly eroding our hard-won freedoms and, in some cases, are widely accepted as beneficial. In New Threats to Freedom, editor and author Adam Bellow has assembled (...) an all-star lineup of innovative thinkers to challenge these insidious new threats. Some leap into already raging debates on issues such as Sharia law in the West, the rise of transnationalism, and the regulatory state. Others turn their attention to less obvious threats, such as the dogma of fairness, the failed promises of the blogosphere, and the triumph of behavioral psychology. These threats are very real and very urgent, yet this collection avoids projecting an air of doom and gloom. Rather, it provides a blueprint for intellectual resistance so that modern defenders of liberty may better understand their enemies, more effectively fight to preserve the meaning of freedom, and more surely carry its light to a new generation. What are the new threats to freedom? when has authority not claimed, when imposing trammels and curbs on liberty, that it does so for a wider good and a greater happiness?” —Christopher Hitchens “The regulatory state amounts to a regressive tax that penalizes small independent producers and protects the status quo.” —Max Borders “Europe tends to favor stability over democracy, America democracy over stability.” —Daniel Hannan “The value of free expression is perceived to be at odds with goals that were considered ‘more important,’ like inclusiveness, diversity, nondiscrimination, and tolerance.” —Greg Lukianoff “The masses cannot ultimately be free: only the individual can be.” —Robert D. Kaplan “That old bugbear of postwar sociology—the mob-self—is now a reality. In a participatory/popularity culture, the freedom to think and act for ourselves becomes harder and harder to achieve.” —Lee Siegel “As traditional marriage declines, the ranks of single women are growing, and increasingly these women are substituting the security of a husband with the security of the state.” —Jessica Gavora “Ending the freedom to fail is a mean-spirited attack on the freedom to succeed.” —Michael Goodwin “The only solution to the new threats to American press freedom lies in organized resistance.” —Katherine Mangu-Ward “The new behaviorism isn’t interested in protecting people’s freedom to choose; on the contrary, its core principle is the idea that only by allowing an expert elite to limit choice can individuals learn to break their bad habits.” —Christine Rosen “There’s a world of Travis Bickles out there, and they’re not driving cabs. They’re reading blogs.” —Ron Rosenbaum “The first amendment ensures not that speech will be fair, but that it will be free. It cannot be both.” —David Mamet Join the conversation about these issues at www.newthreatstofreedom.com. (shrink)

Las proclamas de la llamada "primavera árabe" de "pan, libertad y justicia social" basadas en la protección y respeto a las libertades fundamentales y los derechos humanos, el establecimiento de la gobernabilidad democrática y la participación activa de la sociedad, han recaído según los resultados electorales de Túnez, Egipto y Marruecos en los partidos vinculados a los "Hermanos Musulmanes", principal fuerza organizada y beneficiaria del cambio de los regímenes en la región árabe. El resultado es que la islamización se asienta (...) en el poder político y una de las tereas de las Asambleas Constituyentes será la elaboración de nuevas Constituciones sin intromisión de la "sharía" (ley islámica), que se ve como una amenaza para las libertades y los derechos humanos. (shrink)