[PDF] Collective Duties Fard Kifaya In Islamic Law eBook

Author : Adnan Ahmad Zulfiqar
Publisher :
Page : 0 pages
File Size : 19,24 MB
Release : 2018
Category :
ISBN :

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This dissertation studies a unique subset of legal obligations in Islamic law known as "collective duties" (fard kifāya ) and focuses on juristic writing in the premodern period between the 9th and 14th centuries C.E. Together with the more widely recognized "individual obligations" ( fard 'ayn), these duties encompass the complete range of mandated behavior in Islamic law. Individual obligations follow a simple pattern: one person is assigned responsibility for performing a particular act and is solely held responsible if they fail to do so. Collective duties are premised on a different concept involving shared responsibility for required acts. They are based on a formula consisting of two clauses, which loosely draws from a Qur'ānic prooftext. The first clause states that as long as some people perform the duty, then the obligation is suspended for everyone else. While everyone initially carries the burden, they are not all required to perform. However, the second clause adds an important warning: if no one performs the duty, then everyone is held accountable. This study explores the juristic discourse on collective duties in order to better understand how they function, what purpose they serve and why they might have been created. As premodern jurists explored the implications of collective duties as a whole, they developed the theoretical outlines of a kifāya-doctrine, one that asked questions of whether collective duties were preferred to individual obligations, who in the collective was required to perform and when an obligation was suspended. Beyond the general doctrine, the dissertation also examines legal rules developed for three specific collective duties: jihād, funerary rites and duties to rescue. The discourse on these duties demonstrates how jurists not only provided practical guidance for performance of the obligation, but also thought more broadly about the theoretical implications for law. In the process, they began to determine who belongs in the moral community, defined a robust role for the state in law's implementation and speculated on what should constitute ethical behavior. As a result, they made clear that the normative universe of obligation is essential to understanding the Islamic legal tradition.

Author : Mohammed Moussa
Publisher : Routledge
Page : 198 pages
File Size : 25,54 MB
Release : 2015-10-05
Category : Political Science
ISBN : 1317554795

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Over the last two centuries the Muslim world has undergone dramatic transformations, impacting the Islamic tradition and throwing into question our understanding of tradition. The notion of tradition as an unmoving edifice is contradicted by the very process of its transmission, and the complex role human beings play in creating and sustaining traditions is evident in the indigenous mechanisms of change within the Islamic tradition. Politics of the Islamic Tradition locates the work of Egyptian cleric Muhammad al-Ghazali within the context of this dynamic Islamic tradition, with special focus on his political thought. Al-Ghazali inherited a vast and diverse heritage which he managed to reinterpret in a changing world. An innovative exploration of the change and continuity present within Muslim discourses, this book brings together disparate threads of the Islamic tradition, religious exegesis, the contemporary Arab Middle East, the Islamic state and idea of renewal in al-Ghazali’s thought. As well as being one of the first complete treatments of al-Ghazali’s works, this book provides an original critical approach to tradition and its capability for innovation and change, countering the dichotomy between tradition and modernity that typically informs most scholarly studies on contemporary Islam. Offering highly original insights into Islamic thought and engaging with critical notions of tradition, this book is essential reading for students and scholars of Islamic Politics and History.

Author : Raphael Israeli
Publisher : University Press of America
Page : 236 pages
File Size : 45,84 MB
Release : 1993
Category : Political Science
ISBN : 9780819191991

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This book provides an in-depth account and analysis of Islamic fundamentalism today, and how it has an impact on Israel's relations with the Arab and Islamic worlds. In light of recent events, the book is important for the whole Western world, which now confronts revivalist Islam, both in the Middle East and Europe itself, and even in such far-flung fragments of European civilization as the United States and Australia. This book should be of great help for the West in developing a proper understanding of, and a strategy for dealing with, this movement. Co-published with the Jerusalem Center for Public Affairs.

Author : Georges Tamer
Publisher : Walter de Gruyter GmbH & Co KG
Page : 239 pages
File Size : 28,85 MB
Release : 2021-09-07
Category : Religion
ISBN : 3110733269

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For Jews, Christians and Muslims, as for all human beings, military conflicts and war remain part of the reality of the world. The authoritative writings of Judaism, Christianity and Islam, namely the Hebrew Bible, the New Testament and the Koran, as well as the theological and philosophical traditions based on them, bear witness to this fact. Showing the influence of different historical political situations, various views – sometimes quite similar, sometimes more divergent -- have developed in the three religions to justify the waging of war under certain circumstances. Such views have also been integrated in different ways into legal systems while, in certain cases, theologies have provide legitimation for military expansion and atrocities. The aim of the volume The Concept of Just War in Judaism, Christianity and Islam is to explore the respective understanding of “just war” in each one of these three religions and to make their commonalities and differences discursively visible. In addition, it highlights and explains the significance of the topic to the present time. Can the concepts developed in the Jewish, Christian and Islamic traditions in order to justify war, serve as a foundation for contemporary peace ethics? Or do religious arguments always add fuel to the fire in armed conflict? The contributions in this volume will help provide answers to these and other socially and politically relevant questions.

Author : David Waines
Publisher : Cambridge University Press
Page : 404 pages
File Size : 42,43 MB
Release : 2003-11-06
Category : History
ISBN : 9780521539067

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A revised and updated edition of Waines' wide-ranging account of the history and theology of Islam.

Author : Nimrod Hurvitz
Publisher : Routledge
Page : 334 pages
File Size : 41,11 MB
Release : 2020-06-04
Category : Political Science
ISBN : 1000066037

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Studying Muslim fundamentalisms, this book compares key movements, examining their commonalities, differences, and intricate relations, as well as their achievements and failures. Muslim fundamentalisms have the sympathy of approximately half of the Muslim population in the world. Yet, they are divided among themselves and are in a constant state of controversy. The research dwells on the leading fundamentalist movements, such as the Muslim Brothers, Tablighi-Jamaʻat, al-Qaeda, and ISIS, and illustrates how differently they think about the West and its culture, democracy, and women’s presence in the public sphere. By identifying these trends, and studying them comparatively, the book enables the interested reader to make sense of the plethora of fundamentalist movements, which are otherwise lumped together by the media and are barely discernible for the reader. Whereas most studies of Muslim fundamentalism focus on organizational or militant actions that the movements perform, this study concentrates on their efforts to Islamize society through everyday life in a peaceful manner. Identifying the different strands of Muslim fundamentalisms, the book will be a key resource to a wide range of readers including researchers and students interested in politics, religious, Islamic and Middle Eastern Studies.

Author : Ahmad Atif Ahmad
Publisher : Studies in Islamic Law and Soc
Page : 248 pages
File Size : 31,15 MB
Release : 2006
Category : Law
ISBN :

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This volume addresses the structural interrelations of Islamic theoretical and practical legal reasoning, based on an analysis of six works of Islamic jurisprudence by authors who lived in Uzbekistan, Iraq, Syria, Palestine, Egypt, and Algeria between 970 and 1600 CE.

Author : Valerie J. Hoffman
Publisher : Syracuse University Press
Page : 362 pages
File Size : 28,84 MB
Release : 2012-05-22
Category : Religion
ISBN : 0815650841

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Ibadi Islam is a distinct sect of Islam, neither Sunni nor Shi‘ite, that emerged in the early Islamic period and remains active today in small pockets of North Africa and as the dominant sect of Oman. Despite its antiquity, it has often been misunderstood and remains little known. Seeking to redress this gap and to introduce this Islamic school to the non-Arabic-speaking world, Hoffman offers the first book-length overview of Ibad.i theology published in English. Beginning with a concise overview of Ibadi history, Hoffman delineates the movement’s role in the development of Islamic thought, tracing its distinctive teachings and literary history. In the second section, she provides annotated translations of two complementary modern Ibadi theological texts. This unique volume elucidates Ibadi religious and political thought by allowing its tradition to speak for itself. The Essentials of Ibadi Islam gives readers, specialists and nonspecialists alike, a rare opportunity to understand the major teachings of Ibad.i Islam.

Author : Brinkley Messick
Publisher : Univ of California Press
Page : 355 pages
File Size : 17,86 MB
Release : 1996-06-16
Category : History
ISBN : 0520205154

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"Throws completely fresh light on non-colonial yet modern systems of legality and moral power. . . . The picture given of Islamic legal education and practice is one of the best available . . . a compelling read and a fine book for teaching."—Paul Dresch, Oxford University

Author : Chiara Formichi
Publisher : BRILL
Page : 262 pages
File Size : 15,62 MB
Release : 2012-06-30
Category : Political Science
ISBN : 9004260463

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A testament to the relevance of historical research in understanding contemporary politics, Islam and the Making of the Nation guides the reader through the contingencies of the past that have led to the transformation of a nationalist leader into a 'separatist rebel' and a 'martyr', while at the same time shaping the public perception of political Islam and strengthening the position of the Pancasila in contemporary Indonesia.