Moral Rationalism and Shari'a
Moral Rationalism and Shari'a

Author: Ali-Reza Bhojani

Publisher: Routledge

Published: 2015-03-24

Total Pages: 313

ISBN-13: 1317627547

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Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur’ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the ‘emic’ (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent judgments of rational morality act as a condition for the validity of precepts attributed to a just and moral God.

Moral Rationalism and Shari'a
Moral Rationalism and Shari'a

Author: Ali-reza Bhojani

Publisher: Culture and Civilization in the Middle East

Published: 2019-12-12

Total Pages: 180

ISBN-13: 9780367870249

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Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur'ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the 'emic' (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent

Virtue and the Common Good
Virtue and the Common Good

Author: Mohammed Nekroumi

Publisher: BRILL

Published: 2023-09-20

Total Pages: 242

ISBN-13: 9004682260

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Virtue and the Common Good: Hermeneutic Foundations of aš-Šāṭibī's Ethical Philosophy arose as a response to the urgent need for epistemological research on the hermeneutic foundations of Islamic ethical and moral theory that has resulted from the current period of upheaval in Islamic theology. Choosing a late-medieval work of legal theory, namely, Abū Isḥāq Ibrāhīm ibn Mūsā aš-Šāṭibī's (d. 790/1388) al-Muwāfaqāt, as the point of departure, locates this study's discussion methodologically and theoretically in the genealogical process of re-reading and reconstructing Islamic thinking in modernity from the perspectives of contemporary philosophy of ethics. Thus, profoundly reflecting on modern understanding and interpretation of fundamental theological concepts in the Islamic legal- and moral theory becomes unavoidable.

The Shari'a
The Shari'a

Author: Amyn Sajoo

Publisher: Bloomsbury Publishing

Published: 2018-03-30

Total Pages: 272

ISBN-13: 1786734044

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2019 Choice Outstanding Academic title I.B.Tauris in association with the Institute of Ismaili Studies Why is the term shari?a-the mention of which conjures up images of a politicised religion in many parts of the world-understood in the ways that it is today? For Muslims and non-Muslims alike, much is read into this term, often with scant regard for its historical, cultural or theological underpinnings. The politics of identity has a profound effect on contemporary life, both secular and religious, and this includes our understandings of the shari?a. Yet at the core of this concept, for Muslims, is the quest for a moral compass by which to navigate a path through life (Qur'an, 45:18), informed deeply by revelation and its interpretation by the Prophet Muhammad as well as his closest Companions. Built on this foundation is an ongoing human endeavour to grasp and lend expression to that teaching-elaborately in law, but no less so in devotional, ethical and customary practices in diverse Shi?i and Sunni Muslim communities, including in the West. Popular myths about the shari?a - that it is divine law, that it is contained in a single code recognised by all Muslims, that it is about controlling behavior, that it `defines' Islam - are challenged in this volume by leading scholars, with a view to illuminating how we arrived here and where we might be headed. The claims of the modern state as the custodian of the shari?a are put into perspective, alongside the vital role of a pluralist civil society. From bioethics, human development, family law and finance to constitutional and human rights issues, this fifth volume in the Muslim Heritage Series offers an accessible account of the ideals and realities of the shari?a. As such, it will appeal not only to specialists in the humanities and social sciences, but also to the general reader with an interest in global affairs and informed citizenship.

Sharia and Justice
Sharia and Justice

Author: Abbas Poya

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2018-05-22

Total Pages: 188

ISBN-13: 3110574594

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Justice is considered the basic norm of human coexistence. Every legal order refers to the concept of justice, and Muslims also regard their religious norms (the Sharia) as offering just solutions to legal questions. But is the assumption that the Sharia is just merely an acceptance of a status quo correct? And is justice the necessary aim of the Sharia? In this volume, renowned scholars discuss these questions from different perspectives. In principle, the first normative source of Islam, the Qur'an, orders justice and fair conduct (Rohe). At the same time, an analysis of the concept of justice in the classical age of Islam (Ahmed and Poya) also shows that there existed ambivalent understandings of this concept. The relationship of the idea of justice in Islam to political questions (Ende), to war (Poya), and to modern reform (Mir-Hosseini) again confirms the importance of the concept for a critical reflection on traditional assumptions and existing circumstances. The discussion on the hijab in Western countries (Ladwig) shows paradigmatically how justice can regulate the relationship between the secular state and the Sharia. The essays in this volume endeavor to show that debates about justice, in Islam as well, express an underlying tension between the perception of an order as just on the one hand, and the feeling of injustice under the same order on the other. This discussion validates the idea that justice should be understood as a concept subject to a perpetual reexamination according to changing times and circumstances.

Understanding Sharia
Understanding Sharia

Author: Raficq S. Abdulla

Publisher: Bloomsbury Publishing

Published: 2018-04-30

Total Pages: 352

ISBN-13: 1786734052

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I.B.Tauris in association with the Institute of Ismaili Studies Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs. In addition to tracing the history of sharia, the book offers a critique concerning its status today. Sharia is examined with regard to particular issues that are of paramount importance in the contemporary world, such as human rights; criminal penalties, including those dealing with apostasy, blasphemy and adultery, commercial transactions, and bio-medical ethics, amongst other subjects. The authors show that sharia is a legal system underpinned by ethical principles that are open to change in different circumstances and contexts, notwithstanding the claims for `transcendental permanence' made by Islamists. This book encourages new thinking about the history of sharia and its role in the modern world.

Moral Rationalism and Shari'a
Moral Rationalism and Shari'a

Author: Ali-Reza Bhojani

Publisher: Routledge

Published: 2015-03-24

Total Pages: 195

ISBN-13: 1317627555

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Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur’ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the ‘emic’ (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent judgments of rational morality act as a condition for the validity of precepts attributed to a just and moral God.

Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology
Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology

Author: Hashim Bata

Publisher: BRILL

Published: 2023-05-25

Total Pages: 162

ISBN-13: 9004544003

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This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.

Visions of Sharīʿa
Visions of Sharīʿa

Author: Ali-reza Bhojani

Publisher: BRILL

Published: 2019-11-11

Total Pages: 240

ISBN-13: 9004413944

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Visions of Sharīʿa offers the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought.

Islam and the Secular State
Islam and the Secular State

Author: Abdullahi Ahmed An-Na'im

Publisher: Harvard University Press

Published: 2010-03-30

Total Pages: 346

ISBN-13: 0674261445

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What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.