Islamic Law & it's purpose to give directions to human life.

The purpose of the paper is to examine free trade in Islamic law.

The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested (...) that Ash‘arism may be taken as providing an Islamic version of Legal Positivism, and that the objections which Mu‘tazilism raised in the face of Ash‘arism were not different in substance from some of the objections that have been directed at contemporary Legal Positivism. It will also be suggested that the Ash‘arites and the Mu‘tazilites were not opposed to each other in the way they are commonly supposed to have been. Rather, they were preoccupied with different notions of what it is to be obliged (to have an obligation) to do something. (shrink)

This article reviews the political thought of one of the most important figures during the Islamic resurgence in the 20th century, Abul A’la Maududi. The thought of Maududi is often read superficially by either those desiring to portray him as politically ‘liberal’ and ‘progressive’ as well as ‘backwards’ and ‘conservative’. The core of debates surrounding Maududi’s support for liberal democratic principles such as equality, freedom, democratic elections, and the like are pinpointed and reviewed individually, according to two main primary (...) texts, Islamic Way of Life, and Islamic Law and Constitution. The themes that are covered by the article concern (a) the meaning of his term ‘theodemocracy’; (b) Maududi’s understanding of the ‘shurah council’ (advisory council to the Caliph) and its meaning in terms of popular sovereignty; and (c) the people’s role in maintaining rule of law and the office of the Caliph. It is argued that after a review of these concepts within their respective contexts, the argument attempting to show Maududi as an ‘innovator’ or ‘progressive’ in terms of his application of Islamic law in his modern-day ideal for an Islamic state collapses. Rather, it is shown that Maududi clearly envisioned the ideal Caliphate as one established by the prophet Muhammad and his companions (the ‘Rashidūn Caliphate’) and affirmed Divine sovereignty over the general concept of ‘popular sovereignty’ as conceived by western political thought. (shrink)

We sought to compare the implicit and explicit views of a group of Muslim graduates on the fairness of Islamic law. In this preliminary investigation, we used the Electroencephalographic N400 Event Related Potential to detect the participant’s implicit beliefs. It was found that the majority of participants, eight out of ten, implicitly held that Islamic Law was unfair despite explicitly stating the opposite. In seeking to understand what separated these eight participants from the remaining two – the two (...) who both implicitly and explicitly held that Islamic Law was fair – only two distinguishing characteristics could be identified. Both participants had undertaken an in-depth study of a branch of Islamic law that places the spirit of the law above that of a literal interpretation. They had also attended the same seminary, exclusive to the other participants. Of the eight participants, it was discovered that, while they implicitly held Islamic law to be unfair, they also held it to be rational – in the same way they found that it was rational to push a person of a ship in order to save the remaining from drowning, yet unfair. We discuss these preliminary findings and consider theories on how an innate sense of fairness, an aspect of nativism, may come into play when it is not congruent with a participant’s own beliefs. Further, we ask, where such an inconsistency occurs, how does the mind attempt to rectify it – if at all? As a possible contribution to the discussion on theories of nativism vs. empiricism we put forward a hypothesis and methodology for investigation that may produce previously unconsidered data on human nature. (shrink)

Background. Tahfidz learning is a learning that can change the behavior of santriwan and santriwati and develop a potential that they have such as improving the reading of the Qur'an, increasing the memorization of the Qur'an. The tahfidz house is a place where students learn, foster and develop and apply the values contained in the Qur'an in everyday life such as at home, in the community and at school. Purpose. This tahfidz activity begins with prayer, then murojaah, memorizing the recitation (...) of the Qur'an. Method. Data was obtained by giving teacher performance scales, teacher digital literacy, and online learning implementation scales. Results. The results of this tahfidz activity research begin with prayer, then murojaah, memorizing the recitation of the Qur'an. After memorizing the Qur'an, each student deposits his memorization one by one to the ustadz or ustadzah. After that the students and ustadz or ustadzah continue by playing the verse connection game in order to increase the enthusiasm of the students in memorizing so that they are not easily bored and bored, because in learning there are a lot of complaints and laziness when learning, let alone learning to memorize the Qur'an there are a lot of outside distractions. Conclusion. After the students take part in tahfiz learning, there are Islamic morals that can be applied, namely keistiqomahan, patience which is contrary to the previous morals of the students. (shrink)

This paper discusses the existence and nature of suffering as understood by Buddhism and Augustinian Christianity. The Buddha taught suffering as arising from human desire, while Saint Augustine believed it to be a direct result of human free will. In both traditions, the existence of suffering is linked directly to humans, whether it is in their ability to have desires or will freely. These two accounts of suffering and evil are presented in the first section, along with how their respective (...) conceptions of suffering are affected by the law of karma (in Buddhism) and the necessary existence of evil (in Christianity). Then in the second section, these two accounts are evaluated by analyzing the problem of presupposing free will within the karmic conception of existence and why St. Augustine's Free Will theodicy is insufficient to warrant the existence of evil in light of the existence of a benevolent God. The paper concludes by arguing that both Buddhism and Christianity (at least as espoused by St. Augustine) link evil to humans and as a consequence of their actions. And although these two respective understandings have great philosophical merit and could help their followers deal with evil, it is still unable to address the metaphysical existence of suffering in its entirety. (shrink)

The truth of every human being is the end his life with death, and this leads to leaving assets and funds for those after him and can lead to hate between the heirs, it has made a point of Islamic law on all aspects of life, including the subject of the inheritance of the deceased. The main problem is how to get the knowledge of the basics of inheritance. This paper reviews work done in the use of expert system (...) software to calculate inheritance in Islam. A proposed expert system was designed and developed using CLIPS language to calculate the inheritance in Islam. (shrink)

One critique of John Rawls’ theory of justice is the inconceivability of the “original position,” as it is impossible to conceive of a self without all particular features. When this problem is considered, we try to imagine the position of contracting parties with no definite idea of the good, helping us understand the correspondence between the conditions of the original position and the contracting parties’ ideas of the good. This article focuses on the unacceptability of the conditions of the original (...) position, with its implicit veil of ignorance, as it is related to Islam. Islamic thought cannot accept Ralws’ conditions due to Islam’s universal command to follow the dictates of God and specific religious norms. Alternatively, the international original position presented in The Law of Peoples, with access to particular types of the good, is more appropriate for the Islamic context, exemplified through the idea of Kazanistan, with its Islamic form of government and membership in the Society of Peoples. (shrink)

Pain medication is one of the responses to the mercy argument that utilitarian ethicists use for justifying active euthanasia on the grounds of prevention of cruelty and appeal to beneficence. The researcher reinforces the significance of pain medication in meeting this challenge and considers it the most preferred response among various other responses. It is because of its realism and effectiveness. In exploring the mechanism and considerations related to pain medication, the researcher briefly touches the Catholic ethical position on the (...) issue, a position that cannot be ignored in the development of contemporary bioethics. The researcher particularly deliberates on the contemporary Islamic discourse on the issue; by furthering the debate in line with the Islamic legal maxims and general guidance from the primary sources of Islamic law and ethics. The resolution on the issue is sought by synthesizing the views and legal maxims (al-Qawaid al-Fiqhiyyah) on the issue, which in conclusion provide justification for pain medication by considerably regarding pain as necessity and pressing need. However, such resolution allows pain medication to the limit and proportion that removes the pain and prohibits overdosing the patient with medication that may directly cause the death. (shrink)

In recent years, Islamic feminism has become a prevalent and controversial topic among scholars from Muslim countries and Western feminists. While respecting the efforts of Muslim activists, this paper argues that because Islamic perspective is inherently anti-pluralist, it is not conducive to feminism and even at odds with it. Since it is impossible to make any generalizations about Muslim countries, this paper focuses on the debate of Islam and feminism as it relates to Iran. Islamic laws that (...) are the ground for constitutions in many Muslim countries treat men and women unequally. In countries with a theocracy, Islam becomes a political system where the power of the ruling elite, which are the clerics, becomes an important obstacle on the way of reforms. As a worldview, Islam provides a fixed identity of women and men that is irreconcilable with any liberating theory. The significance of this discussion lies in the potential of celebration of “Islamic feminism” for reinforcing the fusion of religion and politics in a country such as Iran, which has a religious state. (shrink)

The role of reason, and its embodiment in philosophical-scientific theorizing, is always a troubling one for religious traditions. The deep emotional needs that religion strives to satisfy seem ever linked to an attitudes of acceptance, belief, or trust, yet, in its theoretical employment, reason functions as a critic as much as it does a creator, and in the special fields of metaphysics and epistemology its critical arrows are sometimes aimed at long-standing cherished beliefs. Understandably, the mere approach to these beliefs (...) through organized philosophical activity, however well-intended, is viewed with suspicion by ecclesiastical authorities and the devout. The attitude towards philosophical inquiry on the part of the Islamic religious community might be thought to typify this reaction. As one of the great prophetic religions, the self-avowed image of Islam is of a tradition which already possesses the truth as set forth in the divine revelation of the Qur'an. What need is there for philosophizing on fundamental matters, e.g., the ultimate nature of reality, the foundations of morality, the modes whereby the divine is connected with the temporal? The structure of creation is already made clear, the "straight path" for living already manifest. how can philosophical activity be anything but a source of divisive controversy, for as it turns its gaze to the foundations upon which the Shari`a' (Islamic Law) rests, or to the grounds for religious belief itself, it cannot avoid turning up alternative viewpoints, different perspectives on divine revelation, noting various weaknesses in received 1 interpretations? In short, isn't the practice of philosophy a threat to Islam's promise of providing a comprehensive way of living devoid of skepticism and uncertainty about the place of a human in God's creation and his or her role in the 'umma (Islamic community)? This problem is not unique to Islam, nor is it a new one within Islam. We know that it has been debated by Islamic thinkers since the translations of the Greek philosophers began to appear in an organized Islamic world during the 8th Century A.. (shrink)

Lynn White’s seminal article on the historical roots of the ecological crisis, which inspired radical environmentalism, has cast suspicion upon religion as the source of modern anthropocentrism. To pave the way for a viable Islamic environmental ethics, charges of anthropocentrism need to be faced and rebutted. Therefore, the bulk of this paper will seek to establish the non- anthropocentric credentials of Islamic thought. Islam rejects all forms of anthropocentrism by insisting upon a transcendent God who is utterly unlike (...) His creation. Humans share the attribute of being God’s creations with all other beings, which makes them internally related to every other being, indeed to every single entity in this universe. This solves the problem that radical environmentalism has failed to solve, namely, how to define our relation with nature and other beings without dissolving our specificity. Furthermore, Islamic ethics structures human relations strictly around the idea of limiting desires. The resulting ethico-legal synthesis, made workable by a pragmatic legal framework, can sustain a justifiable use of nature and its resources without exploiting them. The exploitation of nature is inherently linked to the exploitation of one’s self and of fellow human beings. Such exploitation, according to Qur’anic wisdom, is the direct result of ignoring the divine law and the ethics of dealing with self and “other.” Only by reverting to the divine law and ethics can exploitation be overcome. The paper ends by briefly considering possible objections and challenges vis-à-vis developing a philosophically viable yet religiously oriented environmental ethics. (shrink)

Within the historical approach on interreligious dialogue, it should not be overlooked that the representatives of Orthodox Churches were actively involved in promoting and supporting interreligious dialogue by participating in the meetings that have focused on relations with people of other religions. In this context, the Orthodox Churches come with a whole tradition that stretches to the early centuries, the relations with Jews and Muslims being an integral part of the history of Orthodox Christianity. The Orthodox Christians, with their bi-millennium (...) tradition, where there are different interpretations of other religions, bring to the modern world an approach that takes into account personal relationship with people of other religions. Analyzing how the representatives of the Orthodoxy and the Islam in Romania are trying to find solutions to the many problems facing the world today, we can say that lately in Romania, the interreligious, intercultural and interethnic dialogue increased both quantitatively and qualitatively. Among the followers of the two religions that live in these territories for centuries, the relations have varied over the time, reaching today to a situation in which the believers live in peace, protected by the laws of the Romanian state which guarantee the freedom of thought and religious expression. Moreover, lately it has been attempted to find solutions to the global crises which are, not infrequently, religious. (shrink)

Physicians in Islamic countries might be requested to participate in the Islamic legal code of qiṣāṣ, in which the victim or family has the right to an eye-for-an-eye retaliation. Qiṣāṣ is only used as a punishment in the case of murder or intentional physical injury. In situations such as throwing acid, the national legal system of some Islamic countries asks for assistance from physicians, because the punishment should be identical to the crime. The perpetrator could not be (...) punished without a physician’s participation, because there is no way to guarantee that the sentence would be carried out without inflicting more injury than the initial victim had suffered. By examining two cases of acid throwing, this paper discusses issues related to physicians’ participation in qiṣāṣ from the perspective of medical ethics and Islamic Shari’a law. From the standpoint of medical ethics, physicians’ participation in qiṣāṣ is not appropriate. First, qiṣāṣ is in sharp contrast to the Hippocratic Oath and other codes of medical ethics. Second, by physicians’ participation in qiṣāṣ, medical practices are being used improperly to carry out government mandates. Third, physician participation in activities that cause intentional harm to people destroys the trust between patients and physicians and may adversely affect the patient–physician relationship more generally. From the standpoint of Shari’a, there is no consensus among Muslim scholars whether qiṣāṣ should be performed on every occasion. We argue that disallowing physician involvement in qiṣāṣ is necessary from the perspectives of both medical ethics and Shari’a law. (shrink)

This research examines the implications of religious moderation on interfaith marriages in the city of Manado. The method used is qualitative with a case study approach; data collection is through observation, interviews, and documentation, which is then processed using the triangulation method. The findings show that religious moderation indirectly influences the sustainability of interfaith marriages in Manado. The implications are realized in the form of religious moderation, which aims to eliminate or minimize violence in the name of religion and uphold (...) diversity through upholding the values of tolerance, thereby increasing guarantees for the continuity of interfaith marriages. These implications become more complex than the laws governing interfaith marriages, especially the Marriage Law (UU Number 16 of 2019) and the Compilation of Islamic Law (KHI). The implications of religious moderation in interfaith marriages underscore the need for legal transformation that recognizes religious diversity as a social asset, encourages interreligious dialogue, and ensures that legal regulations do not hinder individual religious freedom. Encouraging policy reforms that respect differences in beliefs is crucial in creating inclusive spaces and respecting human rights in interfaith marriages. (shrink)

In industrial societies where civil law and state institutions have become well established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. (...) This dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a new theoretical model that classifies civil law on the basis of its purpose-to protect religious liberty, engage or fortify the religious sector, or to advance universal norms-the author examines the impact of the three different types of legislation upon religious freedom and the individual autonomy of religious minorities in Sweden, an aggressively secularized industrial society. The author concludes that, viewed from the standpoint of a religious nonconformist, there is no discernible difference between living in a society that is overtly ruled by religious law (e.g., an Islamic state) and living in a "secular” society that is ruled by civil law either embedded with religious norms or designed to facilitate state appropriation of the religious sector as a complementary means of social control. In either environment, the author argues, the religious nonconformist will be forced to conform to the religious norms of the predominant religious group. (shrink)

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by (...) addressing the question of reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī. (shrink)

This book's core is exploring Islam Tan Malaka, later characterized as progressive Islamic thought. To demonstrate this, the author uses the theory sociology of knowledge formulated by Peter L. Berger and Thomas Luckmann, as well as the philosophy of science of critical realism formulated by Roy Bhaskar, as an approach to analysis. The result is the concept of Madilog as a progressive Islamic method that gave birth to the concept of monotheism as the foundation for the existence of (...) social justice, which later became the foundation for Human Rights (HAM), gender equality, pluralism, and unity of ummah. These concepts are conditionally interconnected based on the principle of causality and the laws of dialectics. This conceptual construction is what the author calls progressive Islam Tan Malaka. (shrink)

Arguably, ethical guidelines and medical laws on medical confidentiality have fallen short of extrapolating the methodology for dealing with potential ethical complexities in its practice. This drawback has made it difficult for physicians to prevent harm from occurring if it has not yet happened, remove harm if it has already taken place, or minimise harm if it is unavoidable. Therefore, this article attempts to outline certain principles in the form of a framework to govern the management of confidential information in (...) light of Islamic legal maxims. This effort is meant to help health workers to deal with conflicting situations, with reasonable care given to those at risk, while maintaining therapeutic trust and professionalism. The notable significance of this framework is that it is structured after identifying the potential harms in the protection and disclosure of medical confidentiality in selected cases from patient's, doctor's and third party's perspectives and addressing each of them with due importance. (shrink)

Fārābī's legal theory, which is among his views in civil wisdom, consists of three things: foundation, source, and purpose. The foundations of Abu Nasr al-Fārābī's virtuous law is natural law, which is compatible with the objectives of Islamic Law. Furthermore, the source of the existing laws in the virtuous city, which is codified by the first ruler, is the divine revelation and tradition. Some divine traditions or natural laws are understood by common sense, and some others, which are hidden (...) from the understanding of the majority, are inspired by revelation to the first ruler of virtuous city, or the first ruler understands them by using his acquired intellect. The aim of the first ruler, which is also the aim of the laws of virtuous city, is the happiness. The problem of this study is to investigate and explain these three things (foundation, source, and purpose) with descriptive-analytical method, which can be considered as the theory of virtuous law, which is the same as Fārābī's legal theory. (shrink)

This paper aims at clarifying the role which the concept of 'divine sovereignty ' plays in the discussions which are taking place among Islamic thinkers (and others) concerning the possibility of democracy in an Islamic context. It argues that 'sovereignty ' has at least two meanings, one 'f'actual', the other 'normative'. The paper also argues that the second sense of 'sovereignty ' allows us to construe ta!k o{ 'divine sovereignty' as an attempt by Islamic thinkers to go (...) beyond the merely procedural views of democracy which focus on the familiar procedures o( power contestation, election and accountability. (shrink)

: The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah,in its capacity as the philosophy of Islamic law, in their legal and ethicalinterpretations, with added interest in addressing the issues of modern times.Aphoristically subsuming the major themes of the Sharīʿah, maqāṣid play apivotal role in the domain of decision-making and deduction of rulings onunprecedented ethical discourses. Ethics represent the infrastructure of Islamiclaw and the whole science of Islamic jurisprudence operates in the lightof maqāṣid to realize the ethics (...) in people’s lives. Scrutinizing the key themesof maqāṣid-based ijtihād and scope of ethics in maqāṣid, this article delvesinto the discourse on the application of maqāṣid to medical ethics. As a casestudy, this research analyses the extent of medical confidentiality in the light ofmaqāṣid and arrives at the conclusion that limited confidentiality goes more inline with the maxims of maqāṣid. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there (...) are at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

Even within religion, the creativity of imagination offers an invaluable defense against the tendencies towards dogma and absolutism. It also provides spaces living and experiencing life in diverse ways. This paper discusses the different facets of creative imagination in religious art and literature forms by comparing Isaac Bashevis Singer’s In My Father’s Court with Wayang shadow theater in Indonesia. I will show that they possess similar features demonstrating a reflection on religious law, creativity and everyday life. In Singer’s work, the (...) synagogue is a theater, and Singer’s father functions in the same way the puppet master, or Dalang. operates in Wayang theater. This allows for the negotiations between religious law and the living community. (shrink)

Imam Syafi'i is the leader of Syafi'ism in Sunni Islam law, who wrote Ar-Risalah as the first book on Islamic jurisprudence (Islamic philosophy of law). Majority of Muslim in Indonesia is the follower of his thought. Therefore, his book is translated into bahasa Indonesia and commented philosophically.

This article explores the concept of 'adaptive symbiosis' between religion and culture, challenging the notion of religions as static or immutable entities by showcasing their dynamic engagement with and adaptation to local cultural contexts. The notion of ‘adaptive symbiosis’ transcends mere coexistence or amalgamation, embodying a deep, complex process of mutual adaptation. Within this evolutionary dance, both religion and culture emerge not merely as participants but as co-creators of a new reality. Through the examination of various religious traditions—such as Christianity, (...) Islam, Buddhism, and others—it illustrates how religions evolve in symbiotic relationships with host cultures, leading to the creation of hybrid cultural-religious identities. Highlighting the mechanisms of biological adaptation—mutualism, amensalism, commensalism, and parasitism—as metaphors, the article delves into the complex interplay between religious teachings and cultural integration. It argues against viewing religions as immutable, instead presenting them as evolving entities that contribute to the richness and diversity of human civilization, especially in the context of globalization. This dynamic, evolving space of adaptive negotiations underlines the importance of understanding the fluid nature of cultural and religious boundaries in contributing to novel forms of expression and identity. Through this exploration, we aim to shed light on the enduring and evolving relationship between religion and culture, highlighting how this dynamic interplay contributes to the richness and diversity of human civilization. (shrink)

Although this concept already existed that for the notion of punishments the term Hadd (pl.Hudood) is very feebly defined in Islamic Law. But to point out a deficiency in anything is much easier than to tell why this deficiency occurs and how should it be overcome? According to the beliefs of Abrahamic religions, God is the King of this world and it is agreed principle of English as well as Arabic language that words of King always considered correct and (...) pure and always prevail over the words of a layman. In this research on the basis of opinions of Islamic scholars and in the light of the verses of Quraan i.e words of God, it has been proved that existing concept of the term Hadd (pl.Hudood) is not based on the words of King of this world i.e God but on the words of human being and the term Hadd (pl.Hudood) should not be used as any connection with punishments in Islamic Criminal Law because the King of this world didn't reveal the term Hadd (pl.Hudood) in any sense of punishments like whipping, stoning to death and amputation. The next question arises that if this idea is correct then in which sense the King of this world revealed the term Hadd (pl.Hudood) in Quraan? That's why in the next step an attempt has been made as to what could be possible definition of the term Hadd (pl.Hudood) if this term is to be used in Islamic Law and it was found that in the words of King of this world the term Hadd (pl.Hudood) should not be used in Criminal Law but in Civil Law. The derived definition has been termed as Quraanic definition of Hadd (pl.Hudood). (shrink)

Reprint of a chapter initially published in _Bioethical Insights into Values and Policy: Climate Change and Health_ (2016).

On April 19, 2024, the New York Declaration on Animal Consciousness was announced at the “Emerging Science of Animal Consciousness” conference held at New York University. The New York Declaration is an effort to showcase a scientific consensus on the presence of conscious experiences across all vertebrates (including reptiles, amphibians, and fish) and many invertebrates (at least including cephalopods, decapod crustaceans, and insects). Scientifically, the New York Declaration marks a significant advancement for humanity. However, it also brings heightened awareness to (...) the moral challenges associated with animals that have conscious experiences (or phenomenal consciousness). This article will discuss philosophical approaches to the moral issue of killing sentient beings, thereby highlighting an existing moral dilemma in human society: In sustaining human survival, a species considered to have morality, we have to violate our own moral standards by killing other species with intrinsic value, consciousness, or sentience. This moral dilemma has long been present in human society. Various solutions have been proposed and implemented in practice to address this issue, such as the non-violence and vegetarian approach of Buddhism, the application of Islamic law and sacred rituals to animals in Islam, animal rights movements and voluntary extinction in Western countries, and the technology producing meat using animal cells. However, despite these approaches, we have not yet been able to fully resolve the dilemma, as sentient beings continue to be killed for our survival. We believe the most feasible solution is to change the current food consumption culture, build an eco-surplus culture to mitigate climate change, prevent deforestation, and promote peace. (shrink)

This paper tries to explain the relationship between Muslims' problems and violence in the light of a clear distinction between Islam and Islamic political thought. This research emphasizes on the fact that Koran and Sunnah aim at guiding mankind to the right path of knowing and worshipping God; they are not political treatises; Islam could live without a Muslim State even before the instauration of the prophet's State; nowadays, millions of Muslims live under the rule of non Muslim governments (...) or Muslim governments that do not enforce the Islamic law, yet Islam continues to flourish; hence, no Islamic political thought, albeit useful and justified at a certain time, place, or circumstances is to be sanctified because that will certainly lead to a political blockage which could yield violence. (shrink)

The political turmoil at the end of the period of Righteous Caliphs and in the early periods of the Umayyads had left the Islamic community facing factionalism and civil war. Accordingly, people have witnessed that the acts considered among the great sins such as assassination may be committed even by companions of the Prophet (pbuh). This situation brought the question on the status of believers who committed great sins in this World and in the Hereafter, to the agenda of (...) scholars. The Kharijis and the Mu’tazila did not consider the person who committed A great sin among the believers. According to the Ahl al-Sunna and Al-Jaṣṣās, to commit a great sin does not cause the exclusion of the person from religion. Al-Jaṣṣās has taken into account the issue of great sin, when dealing with the issues of general term, specialization of the cause and infallibilism in diligence (al-ijtihād), since it constitutes the theological (Kalāmī) side of the subject. Although al-Jaṣṣās’ followed a line close to Mu’tazila in the aforementioned matters concerning the jurisprudence, he defended the view of Abū Ḥanīfah in his approach to the person who committed a great sin. His approach to the matter of great sin also clarifies the relationship between islamic law and Islamic thought. (shrink)

Sunni or Sunnism stands for Ahlu As-Sunnah wa al-Jamā`ah which is also called ASWAJA. Many people publish and debate it without clear meaning and reference. This article is a demonstrative-linguistic study that outlines the meaning and reference to the term "Sunni" to understand it clearly. This research shows that Sunnis have at least two groups. First, Sunni Ahlu Al- Ḥadīts, the path of Ibn Hanbal and Ibn Taimiyyah, which tends to be puritan and at some point raises hardline intolerant Muslims. (...) Second, moderate Sunnis, who opened the space for fiqh schools other than Ibn Hanbal, and chooses to refer to moderate Islamic thinkers, such as Ash-Shāfi'i in fiqh (Islamic law), Al-Asy`ari in kalam (Islamic theology) and Al -Ghazali in Sufism (Islamic mysticism). The two Sunni groups were both Ahlu as-Sunnah wa al-Jamā`ah. The first group tends to embody the phrase Ahlu as-Sunnah wa al-Jamā'ah terminologically (iṣṭilāḥan), while the second group tends to display the phrase linguistically (lughatan). (shrink)

Since the spread of Islam in Transoxiana (Mā-warāʾ al-Nahr), religious understandings based on the opinions of Abū Ḥanīfa (d. 150/767) have always been dominant in the region. Therefore, it was not possible for other understandings, which may seem to be opposite to Abū Ḥanīfa’s opinions, to be influential in the region. That Najjāriyya and Karrāmiyya could not be perennial in the region may be an example of this case. Similarly, Māturīdiyya, which benefited from Abū Ḥanīfa’s treatises of creed and his (...) rational method, could not adequately get the support of people at the time of Abū Manṣūr al-Māturīdī (d. 333/944) and Abū l-Muʿīn al-Nasafī (d. 508/1114) because the school was seen as an opposite approach to the prevailing imaginations about Abū Ḥanīfa. Moreover, the Ḥanafī jurists (Ḥanafī fuqahāʾ), who were influential in not only people but also bureaucracy, and the Ḥanafī theologians (Ḥanafī mutakallimūn), who followed al-Māturīdī’s theological method , did not come to terms on their interpretations of Abū Ḥanīfa. The Ḥanafī jurists who benefited mostly from juridical sources and manāqibworks were thinking different from the Ḥanafī theologians who relied on the treatises of Abū Ḥanīfa on such issues as the legitimacy of Kalām as a scholarly discipline, the responsibility of people of fatra(ahl al-fatra: people having no access to the message of Islam), and the creation of faith (īmān). The Ḥanafī jurists took different stance on various issues and argued that faith is not created; the informative (khabarī) attributes of God (ṣifāt Allāh) mentioned in the Qurʾān cannot be interpreted (taʾwīl); no one can be held accountable for faith only based on the intellect unless the message of the Prophet reaches to her or him; the people of fatracannot be responsible for faith. They also stated that Abū Ḥanīfa broke his relationship with the theological (kalāmī) issues in the last years of his life. Although these jurists accepted Abū Ḥanīfa’s distinction between faith and deeds and his view of the stability of one’s faith without increasing or decreasing they condemned theological discussions on these issues by going beyond the limits of the treatise of creed. While the Ḥanafī theologians known as the Ḥanafī scholars of Samarqand who adopted the religious views of Imām al-Māturīdī of Samarqand acknowledged the intellect and considered it as an independent source in religion, the Ḥanafī jurists known as the Ḥanafī scholars of Bukhārāauthorized the intellect only in understanding the transmission (naql) and its interpretation. The different opinions of the two groups can be seen clearly on the question of the religious responsibility of the people of fatra. When we look at the debates regarding Kalām and the Islamic law, we can see that the difference between these two cities (Samarqand and Bukhārā) stems from their methodological views on the epistemological values of the reason (ʿaql) and the transmission (tradition). Māturīdiyya is a school of theology established by the Ḥanafī theologians who upheld the necessity and significance of Kalām. It is possible to say that the Ḥanafī jurists did not contribute to the establishment and systematisation of this school; rather, they tried to prevent it. Our findings show that the Ḥanafī jurists who lived in Transoxiana differ from each other because of their different understandings of Abū Ḥanīfa. In the historical process extending today it is evident that the religious views of the Ḥanafī jurists and their interpretation of Abū Ḥanīfa have been prominent and effective, not that of Māturīdiyya, which is the understanding of the Ḥanafī theologians. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Contemporary Islam presents Europe in particular with a political and moral challenge: Moderate-progressive Muslims and radical fundamentalist Muslims present differing visions of the relation of politics and religion and, consequently, differing interpretations of freedom of expression. There is evident public concern about Western “political correctness,” when law or policy accommodates censorship of speech allegedly violating religious sensibilities. Referring to the thought of philosopher Baruch Spinoza, and accounting for the Universal Declaration of Human Rights, the Universal Islamic Declaration of Human (...) Rights, and various empirical studies on the religious convictions of Muslims, it is argued here that: (1) sovereign European state powers should be especially cautious of legal censorship of speech allegedly violating Muslim religious sensibilities; and (2) instead of legal moves to censorship, European states should defer to the principle of separation of religion and state (political authority). Further, a reasonable interpretation of Islamic jurisprudence allows that matters of religious difference may be engaged and resolved by appeal to private conscience and ethical judgment, rather than by appeal to public law per se. In so far as they are 1 representative of contemporary scholarship, the interpretative positions of Ziad Elmarsafy, Jacques Derrida, and Nasr Abū Zayd are presented in illustration of this latter point. (shrink)

One of the old law/fiqh texts is Farāiz which is thought to be written by Zaid ibn Thābit (d. 45/665). In many classic texts it has been refered to this book and it is mentioned that Zaid ibn Thābit's expertising on the ilm al farāiz. But our findings show that many of researchers who study on the history of codificaditon of Islamic law have not seen this book. In this study, because of the importance of the book, we publish (...) Zaid's Farāiz and the comments written in very early period by Abu'z-Zinad (d. 130/748) on it. Thus, Risāla al Farāiz, one of the oldest fiqh texts written in the period of the Sahāba and expounded in the period of the Tābiūn, will be present to the interest of researchers. (shrink)

The Indian banking system evolved from an exclusive private enterprise controlled by a few wealthy families and trusts, leaving the majority reliant on high-interest private lenders, perpetuating economic disparity. Nationalization of 21 banks under Indira Gandhi aimed to rectify this, aligning with India's constitutional goal of equitable wealth distribution. However, globalization and privatization reshaped the landscape, emphasizing profit-seeking and catering to the corporate sector and affluent classes. The marginalized rural and small business sectors suffered in this pursuit, evident in neglected (...) rural branch postings. To address this, an ethical foundation merging Marxist economics and Shariah banking principles is proposed, seeking inclusivity and ethical grounding. Shariah principles, rooted in Islamic law, extend beyond religious boundaries, while Marxist values amplify voices of the marginalized. By combining these principles, a more inclusive, morally anchored, and holistic Indian banking system can be envisioned. The priority sector's Non-Performing Assets challenge can be addressed without jeopardizing inclusivity. (shrink)

In the twenty-first century Radical Salafism is a serious danger for Muslim countries and Western countries too due to some features of its religious ideas, which lead to extremist actions. Among the critics of radical Salafism there are both Western and Muslim scholars, but the arguments of the latter are not well-known in the West. The benefits of this study are systematization and analysis of prominent Muslim scholars’ criticism towards radical Salafism. The study analyzed ideas of such modern Muslim thinkers (...) and researchers as Mohamed Said Ramadan Al-Bouti and Rawil Gaynetdin on radical Salafism. The research argued that the Muslim scholars criticize, first of all, the following four features of radical Salafism. The first of them is Salafi movement’s claim for existence of historical basis of their words about the special status of Salafism in Islam as the only defender of initial purity of Islam. The second one is radical Salafism’s criticism towards innovations in the religion and life of Muslims. The third feature is radical Salafism’s practice of takfir (accusation of unbelief). The fourth one is radical Salafists’ intolerance of people with other opinions on religion and life. The study showed that the Muslim scholars have thought that Salafism occurred much later than the Salaf era. Rawil Gainutdin believes this occurred in the tenth century, and Mohamed Said Ramadan Al-Bouti argues that it happened only in the nineteenth century. Moreover, Al-Bouti emphasizes that, firstly, the salafs assumed the possibility of certain innovations and, secondly, Salafism is one of the nineteenth century innovations. Also Rawil Gainutdin indicated that the Judge of the Judgment Day is the one person who can declare a takfir. Consequently, radical salafists’ practice of takfir is a violation of Islam law. The Muslim scholars point out that radical Salafism’s position is harmful to Muslim Ummah, because it leads to numerous conflicts. For example, Mohamed Said Ramadan Al-Bouti explains that radical salafists split Muslim community and cause tension among Muslims. He analyzed numerous facts of such a destructive action of radical Salafism towards religious, social and personal life of Muslims. Moreover, the article shows the destructive nature of Jihadist Salafism. (shrink)

This article goes behind stereotypes of Muslim veiling to ask after the representational structure underlying these images. I examine the public debate leading to the 2004 French law banning conspicuous religious signs in schools and French colonial attitudes to veiling in Algeria, in conjunction with discourses on the veil that have arisen in other western contexts. My argument is that western perceptions and representations of veiled Muslim women are not simply about Muslim women themselves. Rather than representing Muslim women, these (...) images fulfill a different function: they provide the negative mirror in which western constructions of identity and gender can be positively reflected. It is by means of the projection of gender oppression onto Islam, and its naturalization to the bodies of veiled women, that such mirroring takes place. This constitutes, I argue, a form of racialization. Drawing on the work of Fanon, Merleau-Ponty and Alcoff, I offer a phenomenological analysis of this racializing vision. What is at stake is a form of cultural racism that functions in the guise of anti-sexist and feminist liberatory discourse, at once posing a dilemma to feminists and concealing its racializing logic. (shrink)

Responding to recent calls made within UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will generate unforeseen harms for the Muslim community. To the extent that such a definition will fail to address the government’s role in propagating Islamophobia through ill-considered legislation that conflates Islamist discourse with hate speech, the (...) concept of a government-backed definition of Islamophobia appears hypocritical and untenable. Alongside opposing government attempts to define Islamophobia (and Islam), I argue that advocacy efforts should instead focus on disambiguating government counter-terrorism initiatives from the government management of controversies within Islam. Instead of repeating the mistakes of the governmental adoption of the IHRA definition of antisemitism by promoting a new definition of Islamophobia, we ought to learn from the errors that were made. We should resist the gratuitous securitization of Muslim communities, rather than use such definitions to normalize compliance with the surveillance state. (shrink)

This article aims to elaborate on the pre-Ghazzālī period Sufis’ approaches to the concept of knowledge. We know that Ghazzālī, as a milestone in the Islamic thought, satisfies in taṣawwuf after a long quest. He benefits from the Sunnī taṣawwuf already established before him. Therefore, the importance of the sources feeding Ghazzālī’s Sufi view is manifest. Thus, in this article, I focus on the ideas of the main figures of the Sunnī taṣawwuf regarding the concept of knowledge. Having stated (...) concisely about what taṣawwuf is, the concepts of knowledge and gnosis were described. And then, the ideas of the Sufis on knowledge and its ways were examined. I concluded at the end of the research that the Sufis restrict human reason (ʿaql) into the worldly life while giving the intuitional knowledge priority. Also, they separate the reality (ḥaqīqa) from religious law (sharīʿa). For the former, intuitional knowledge is a necessity, while the human reason is useful and responsible for the latter. Finally, it is hard to say that compared to Ghazzālī, Suhrawardī, and Ibn al-ʿArabī, those Sufis have a consistent epistemology when they set forth their view. (shrink)

This article explains Muhammad Iqbal’s politics of spiritual democracy and examines its applications to Pakistan and the contemporary world. Almost an official doctrine has emerged that Pakistan's creation is the result of Iqbal’s philosophy. If it is the result of the intended or unintended consequences of Iqbal’s philosophy, the question is whether Pakistan has adopted the version of his democracy. Iqbal’s ‘spiritual democracy’ stands contrary to the European model of democracy. European democracy, according to Iqbal, is materialistic and acquires the (...) interests of the individual rather than the interests of humanity. Iqbal used the expression “spiritual democracy” only once in The Reconstruction of Religious Thought in Islam, but he did not explain it. Although Iqbal used the expressions: spiritual democracy, Muslim democracy, and Islamic democracy, interchangeably in his writings, he developed his idea of spiritual democracy by drawing on the key values of Islamic ethics, notably freedom, equality, and fraternity that posit the idea of an ideal society by discarding racial, cultural, ethnic, or linguistic disparities for acquiring the common good of humanity. This article explains four theses of Iqbal’s moral and political philosophy to make sense of his model of spiritual democracy: First, human beings have the potential to legislate laws to make this world livable. Second, all human beings are equal in the moral sense. Third, human beings are free and responsible agents. Fourth, human beings have fraternal relationships with each other. So, the article explains the salient features of Iqbal’s politics of spiritual democracy and determines its implications for Pakistan, and the contemporary world. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

Ruminations is a collection of sundry notes and essays on Logic. These complement and enrich the author’s past writings, further analyzing or reviewing certain issues. Among the many topics covered are: the importance of the laws of thought, and how they are applied using the logic of paradox; details of formal logic, including some important new insights on the nesting, merger and splitting up of hypothetical propositions; details of causal logic, including analogical reasoning from cause to cause; a cutting-edge phenomenological (...) analysis of negation. Additionally, this volume is used to publish a number of notes and essays previously only posted in his Internet site, including a history of Jewish logic and an analysis of Islamic logic. (shrink)

This article demonstrates a priori cosmopolitan values of restraint and harm limitation exist to establish a cosmopolitan “no-harm” duty in warfare, predating utilitarianism and permeating modern international humanitarian law. In doing so, the author exposes the atemporal and ahistorical nature of utilitarianism which introduces chaos and brutality into the international legal system. Part 2 conceptualises the duty as derived from the “no-harm” principle under international environmental law. Part 3 frames the discussion within legal pluralism and cosmopolitan ethics, arguing that divergent (...) legal jurisdictions without an international authority necessitates a “public international sphere” to mediate differences leading to strong value-commitment norm-creation. One such norm is the “no-harm” duty in warfare. Part 4 traces the duty to the Stoics, Christianity, Islam, Judaism, African traditional culture, Hinduism, and Confucianism. Parts 5 and 6 explain how the duty manifests in principles of distinction and proportionality under international humanitarian law. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the (...) studies of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

The teachings of Islam and the Indonesian constitution clearly prohibit interfaith marriage. However, some Muslim communities in North Sulawesi as a minority group have entered into interfaith marriages. Therefore, this study aims to analyze the phenomenon of interreligious marriage in North Sulawesi and the achievement of minority fiqh objectives in interfaith families. This research is a field research that uses qualitative methods with a phenomenological approach. Data collection was conducted through interviews with informants consisting of 5 interfaith marriage actors, 1 (...) village official, and 1 religious leader. The results showed that the main motivation for interfaith couples to marry is mutual love. They also tend to get support from their respective extended families so that the marriage runs relatively smoothly and safely. The objectives of minority fiqh are achieved in interfaith marriages in the multicultural society of North Sulawesi. Minority fiqh can be an approach in interfaith marriages in multicultural societies where Muslims are a minority, without losing their Islamic essence, it is based on the fiqh rule that changes in law can occur due to changes in times and places. Minority jurisprudence can be an alternative basis for the sustainability of interfaith families in North Sulawesi that are able to maintain their Islamic identity while still respecting their partner's beliefs. (shrink)

In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, in particular, for (...) the ban on the wearing of religious symbols by judges. I argue that such justifications are flawed and so are not plausible corollaries of anti-Islamic justifications originating on the nationalist right. (shrink)

While it is true that the intellectual relationship established through multipurpose pilgrimage to the heartland of Islam has never lost its significance, the political implications of this connection seem to be overestimated. In this article I attempt to show that, although the number of writings by and on Ibn Qayyim al-Jawziyya in the Malay-Indonesian language is strikingly considerable, the nature and extent of their impact in the religious life and thought of people have yet to be seen. Hence, to construe (...) a link between them and the emergence of radicalism in the "Lands below the Wind" would be too hasty a conclusion. I begin with a historical overview on the coming of Islam and the intellectual role it plays in this region to provide a general framework for the discussion that follows. (shrink)