Shari'a Law and Modern Muslim Ethics

Shari'a Law and Modern Muslim Ethics

Author: Robert W. Hefner

Publisher: Indiana University Press

Published: 2016-08-29

Total Pages: 313

ISBN-13: 0253022606

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Many Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of sharia law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.


The Shari'a

The Shari'a

Author: Amyn Sajoo

Publisher: Bloomsbury Publishing

Published: 2018-03-30

Total Pages: 282

ISBN-13: 1786724049

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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.


Islamic Law and Ethics

Islamic Law and Ethics

Author: David R. Vishanoff

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2020-09-01

Total Pages: 224

ISBN-13: 1642053465

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Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?


Islamic Political Ethics

Islamic Political Ethics

Author: Sohail H. Hashmi

Publisher: Princeton University Press

Published: 2009-01-10

Total Pages: 241

ISBN-13: 1400825377

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One of the most dynamic aspects of the Islamic revival during the past two centuries has been the rethinking of Islamic political thought. A broad range of actors, ideas, and ideologies characterize the debate on how Islamic ethics and law should be manifested in modern institutions. Yet this aspect of the "return to Islam" has been neglected by policymakers, the media, and even many scholars, who equate "political Islam" with merely one strand, labeled "Islamic fundamentalism." Bringing together ten essays from six volumes of the Ethikon Series in Comparative Ethics, this book gives a rounded treatment to the subject of Islamic political ethics. The authors explore the Islamic ethics of civil society, boundaries, pluralism, and war and peace. They consider questions of diversity, discussing, among other subjects, Islamic regimes' policies regarding women and religious minorities. The chapters on war and peace take up such crucial and timely issues as the Islamic ethics of jihad, examining both the legitimate conditions for the declaration of war and the proper conduct of war. In their discussions, the contributors analyze the works of classical writers as well as the full range of modern reinterpretations. But beyond these analyses of previous and contemporary thinkers, the essays also reach back to the two fundamental sources of Islamic ethics--the Qur'an and traditions of the Prophet--to develop fresh insights into how Islam and Muslims can contribute to human society in the twenty-first century. The authors are Dale F. Eickelman, Hasan Hanafi, Sohail H. Hashmi, Farhad Kazemi, John Kelsay, Muhammad Khalid Masud, Sulayman Nyang, Bassam Tibi, and M. Raquibuz Zaman. From the foreword by Jack Miles: "Western foreign ministers and secretaries of state may have to learn a little theology if the looming clash between embattled elements both in the West and in the Muslim umma is to yield to disengagement and peaceful coexistence, to say nothing of fruitful collaboration. . . . It is, then, no idle academic exercise that the thinkers whose work is collected here have in hand. The long-term practical importance of their work can scarcely be overstated."


Wives and Work

Wives and Work

Author: Marion Holmes Katz

Publisher: Columbia University Press

Published: 2022-10-25

Total Pages: 202

ISBN-13: 0231556705

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It is widely held today that classical Islamic law frees wives from any obligation to do housework. Wives’ purported exemption from domestic labor became a talking point among Muslims responding to Orientalist stereotypes of the “oppressed Muslim woman” by the late nineteenth century, and it has been a prominent motif in writings by Muslim feminists in the United States since the 1980s. In Wives and Work, Marion Holmes Katz offers a new account of debates on wives’ domestic labor that recasts the historical relationship between Islamic law and ethics. She reconstructs a complex discussion among Sunni legal scholars of the ninth to fourteenth centuries CE and examines its wide-ranging implications. As early as the ninth century, the prevalent doctrine that wives had no legal duty to do housework stood in conflict with what most scholars understood to be morally and religiously right. Scholars’ efforts to resolve this tension ranged widely, from drawing a clear distinction between legal claims and ethical ideals to seeking a synthesis of the two. Katz positions legal discussion within a larger landscape of Islamic normative discourse, emphasizing how legal models diverge from, but can sometimes be informed by, philosophical ethics. Through the lens of wives’ domestic labor, this book sheds new light on notions of family, labor, and gendered personhood as well as the interplay between legal and ethical doctrines in Islamic thought.


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.


Migration and Islamic Ethics

Migration and Islamic Ethics

Author:

Publisher: BRILL

Published: 2019-11-11

Total Pages: 237

ISBN-13: 9004417346

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Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship addresses how Islamic ethical and legal traditions can contribute to current global debates on migration and displacement; how Islamic ethics of muʾakha, ḍiyāfa, ijāra, amān, jiwār, sutra, kafāla, among others, may provide common ethical grounds for a new paradigm of social and political virtues applicable to all humanity, not only Muslims. The present volume more broadly defines the Islamic tradition to cover not only theology but also to encompass ethics, customs and social norms, as well as modern political, humanitarian and rights discourses. The first section addresses theorizations and conceptualizations using contemporary Islamic examples, mainly in the treatment of asylum-seekers and refugees; the second, contains empirical analyses of contemporary case studies; the third provides historical accounts of Muslim migratory experiences. Contributors are: Abbas Barzegar, Abdul Jaleel, Dina Taha, Khalid Abou El Fadl, Mettursun Beydulla, Radhika Kanchana, Ray Jureidini, Rebecca Gould, Said Fares Hassan, Sari Hanafi, Tahir Zaman.


Islamic Ethics of Technology

Islamic Ethics of Technology

Author: Amana Raquib

Publisher: The Other Press

Published: 2015-04-10

Total Pages: 406

ISBN-13: 9839541935

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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.


Islamic Ethics of Life

Islamic Ethics of Life

Author: Jonathan E. Brockopp

Publisher: Univ of South Carolina Press

Published: 2021-02-09

Total Pages: 264

ISBN-13: 1643362089

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A pioneering work on controversial issues within the Muslim world Islamic Ethics of Life considers three of the most contentious ethical issues of our time—abortion, war, and euthanasia—from the Muslim perspective. Distinguished scholars of Islamic studies have collaborated to produce a volume that both integrates Muslim thinking into the field of applied ethics and introduces readers to an aspect of the religion long overlooked in the West. This collective effort sets forth the relationship between Islamic ethics and law, clearly revealing the complexity and richness of the Islamic tradition as well as its responsiveness to these controversial modern issues. The contributors analyze classical sources and survey the modern ethical landscape to identify guiding principles within Islamic ethical thought. Clarifying the importance of pragmatism in Islamic decision making, the contributors also offer case studies related to specialized topics, including "wrongful birth" claims, terrorist attacks, and brain death. The case studies elicit possible variations on common Muslim perspectives. The contributors situate Muslim ethics relative to Christian and secular accounts of the value of human life, exposing surprising similarities and differences. In an introductory overview of the volume, Jonathan E. Brockopp underscores the steady focus on God as the one who determines the value of human life, and hence as the final arbiter of Islamic ethics. A foreword by Gene Outka places the volume in the context of general ethical studies, and an afterword by A. Kevin Reinhart suggests some significant ramifications for comparative religious ethics.


The Ashgate Research Companion to Islamic Law

The Ashgate Research Companion to Islamic Law

Author: Peri Bearman

Publisher: Routledge

Published: 2016-03-16

Total Pages: 356

ISBN-13: 1317043065

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This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.