[PDF] Modern Challenges And The General Philosophy Of Islamic Law eBook

Author : Sulaiman Lebbe Mohamed Rifai
Publisher : Independently Published
Page : 334 pages
File Size : 37,99 MB
Release : 2019-05-04
Category :
ISBN : 9781096863625

GET BOOK

The general philosophy of Islamic law: This book primarily addresses three salient questions. What is the general philosophy of Islamic law: Maqāsid al-Shari'ah? Why do we need the doctrines of the general philosophy of Islamic law today? How do we apply the doctrines of the general philosophy of Islamic law in this modern world? The basic argument of this book is that dramatic social changes are taking place around us in this digital world. So, to relate Islamic teaching into this modern global world, we need not only a comprehensive reading of the divine text, but also, a comprehensive understanding of the contexts of this modern world. We could no longer adhere to the literal interpretation of divine texts in this modern world on certain aspects of Islamic teaching. Neither classical Islamic thought nor the literal legal schools provide ready-made answers for the problems of modern Islamic world. This does not mean we must abandon the divine text as some radical Muslim secularists claim. This does not mean we should ignore 1400 years of intellectual legacies in Islamic history. There is nothing wrong with the divine texts of the Qur'an and the prophetic traditions. Nevertheless, human understanding to the divine texts differ from century to century, place to place and person to person. For the last 14 centuries, different Muslim communities have been reading the corpus of Islamic law differently within their own social contexts. There is no uniformity in human understanding of divine texts. They are prone to different human interpretation for various reasons. The corpus of Islamic law we have today are the collections of the 1400 hundred years of the Islamic legal interpretation of different times and social contexts. Today, to choose some appropriate legal ideas from the 1400 hundred years of Islamic legacy we should have not only a thorough knowledge of Islamic sciences, but we should also contextual understanding of the divine texts. We should know how to relate the divine texts appropriately to the modern social conditions. The principles of the general philosophy of Islamic law are contrived to facilitate the application of the divine texts into different contexts without diluting the primary values of the divine texts. It is argued by many Muslim scholars that the Muslim communities are suffering from intellectual and ideological crises presently. This is reflected in the socio-political and religious thought of the contemporary Muslim communities Today; Islamic universities and colleges are producing thousands Muslim graduates in many Muslim countries. Most of these graduates are trained and educated in Islamic sciences alone without enough professional training and learning in modern sciences. As a result of this, many of them find it difficult to relate what they learn to the modern social issues. It is my firm contention in this book that the Muslim jurists must learn many modern sciences such as politics, geopolitics, economics, phycology, sociology, history, science, and many other areas of human sciences so that they could address the modern social issues that the Muslim community faces today. Otherwise, they would not be able to relate what they learn in Arabic college into modern social conditions. Therefore, I would argue that learning modern sciences is a prerequisite for the students of Islam to become jurists or scholar in Islam. It is also my conviction that many radical Muslim groups do not know how to relate many aspects of Islamic teachings into modern geopolitical and social conditions. They come into some erroneous conclusions in many religious issues. Because, they take the literal meanings of the divine texts and prophetic traditions without due consideration into the modern social conditions of this global world.

Author : Rifai Slm
Publisher :
Page : 535 pages
File Size : 26,43 MB
Release : 2019
Category :
ISBN : 9780648152118

GET BOOK

Literally, the term Maq¿sid al-Shari'ah has been translated as objectives of Islamic law by many Islamic scholars and yet, this term has been technically and theoretically used as a new legal doctrine in Islamic legal studies. This term has been used in a wider meaning with new implications. It has been named as a general philosophy of Islamic law and has evolved as an independent Islamic branch of legal science in Islamic legal studies.

Author : S L M Rifai
Publisher : Independently Published
Page : 184 pages
File Size : 38,77 MB
Release : 2019-09-12
Category :
ISBN :

GET BOOK

Social changes demand the legal changes in Islamic law: Some theoretical and pragmatic arguments by DR SLM RIFAIHow does Islamic law respond to social changes? This has been one of the challenging questions in Islamic legal history. Muslim legal theorists have been debating this since the formative period of the Islamic legal thought. The sources of Islamic law are limited in certain scriptural texts, historical legal precedents and supplementary legal sources. Yet, human challenges and problems are unlimited. So, how do limited numbers of divine texts and prophetic traditions provide viable solutions for ever-increasing problems of the Muslim community in this modern digital world? This book explores the intriguing relationship between social and legal changes in Islamic law. Modern technological and digital revolutions have brought about unprecedented social changes in all walks of human life. Classical Muslim jurists devised the doctrines of the general philosophy of Islamic law to relate Islamic law to changing social realities of their historical contexts. Classical legal theorists created many legal principles, theories and concepts to demonstrate the flexible and adaptable nature of Islamic law to different social conditions. Yet, classical Islamic legal thoughts are not always viable and applicable to modern social conditions. For this reason, many modern Muslim scholars argue that the legal reform is very much important today to meet the challenges of modern time. Muslim scholars seek solutions for the problems of the Muslim community in the historical precedents of past the Muslim intellectual heritage without appreciating all these modern changes. Many of them are experts on Islamic studies and yet, they find it difficult to relate what they learn to the modern social condition of this complicated world. The science of the general philosophy of Islamic law provides some dynamic mechanisms to relate Islamic teaching to modern social conditions without distorting or twisting the pure teaching of the divine message. It bridges the gap between the historical legacies of the Islamic past and the scientific development of the modern world. It relates the past legacy of Islamic heritage with the present-day realities of the modern world. It directs Muslim jurists to understand modern social conditions in a holistic approach considering both the literal and contextual meaning of the text. Therefore, many others argue that the science of the legal philosophy of Islamic law can be developed as a dynamic research methodology and developmental policy strategy. This book explores the classical and modern ideas of the general philosophy of Islamic law to understand the dynamic nature of Islamic law to adapt to the modern social conditions. This thesis emphasises the importance of understanding texts, context and social realities. When we apply the divine texts into modern context, we should take the time and space factors into account. Moreover, the social realities of modern societies otherwise, the application of divine texts will not be always viable in this modern world. The literal school of Islamic legal thought does not take these factors into consideration when they try to apply the divine texts to modern conditions. The challenges of modernity are immense in all field of human sciences. We see a lot of changes in politics, geopolitics, finance, business sections and many other fields of education and human sciences. It is expected that the digital technology and artificial intelligence will bring dramatic changes into human life by 2040. The Muslim world must make some legal changes to meet the challenges of the social changes. The basic argument of this paper is that some aspects of classical legal thoughts are viable today in our modern context and legal changes are unavoidable. This study explores different areas of modern development in human sciences to highlight the importance of legal changes.

Author : Ahmad Zaki Yamani
Publisher :
Page : 48 pages
File Size : 49,60 MB
Release : 2006-03-01
Category : Law
ISBN : 9781410225542

GET BOOK

The Islamic Shari'a as a phrase has two scope of meanings. Generally and widely construed it denotes everything that has been written by Moslem jurists throughout the centuries, whether it dealt with contemporaneous issues of the time or in anticipation of future ones. The jurist derived their principles from the Qur'an and the Sunna (way of action and the opinions of the Prophet), and from the other sources of Shari'a such as Ijma', (the consensus of the community represented by its scholars and learned men), and public interest considerations. The Shari'a looked upon in this wide scope constitute a huge Juristic tradition the value of which depends on the individual jurist himself, his era, or even the particular problem confronting him. As such the system has a tremendous scholastic value to the Moslem, however, it has no binding authority; since within it one might find different, and sometimes contradictory principles resolving the same issues, depending on the Juristic school that propagated the principle. Furthermore, it cannot have a binding authority since circumstances that brought about a certain principle might not be in existence any more, and surely we cannot maintain that previous Moslem Jurists have anticipated all our existing contemporary problems. Yet, as I said before in this wide sense, one cannot deny the Shari'a scholastic value as an elaborate system of deduction which should be relied upon for future derivations of principles. Construed narrowly, the Shari'a is confined to the undoubted principles of the Qur'an, to what is true and valid of the Sunna, and the consensus of the community represented by its scholars and learned men during a certain period andregarding a particular problem, provided such consensus was possible. Viewed as such, the Shari'a has a binding authority on every Moslem, and he is obligated to follow and employ it to resolve his affairs, deriving what is not explicit of its principles by the methods and means. The statement that it is too late for Shari'a to face contemporary issues is an exaggerated prejudiced statement, made possible because of the closing of the doors of investigation many centuries ago. The spirit and general principles of Shari'a are as valid today as they were yesterday many centuries ago and as they will be tomorrow many centuries to come. They are like a green oasis in the desolate desert of our lives which is over crowded with problems and conflicting ideologies. At the time of the original publication Ahmed Zaki Yamani was Minister of Petroleum and Mineral Resources, Kingdom of Saudi Arabia. AUTHOR COMMENTS The Islamic world, relying on the principles of Shari'a, can achieve its own entity, independent of East and West, and by which it can defend and protect itself from the torrent of communism and certain inequities of capitalism. The ability of Shari'a, to developed and evolve to meet the ever-changing needs of society, by relying on the concept of public interest as a source of legislation. The collective notion in Islam should be emphasized, outstanding quality in Shari'a which establishes a profound equilibrium between the individual and the community, should be put in perspective in relation to our own age. When our political leaders begin to think seriously about the happiness and welfare of their people, they shall find in Shari'a a guiding proven system to achieve and fulfill theiraims. The immortal principles of Shari'a can be used to correct and cure our social diseases in the Islamic world. Perhaps even the West might find it, again, a ray of light and knowledge to achieve still a more advanced civilization, or at least to preserve its existing one.

Author : E. Ann Black
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 27,13 MB
Release : 2013-01-01
Category : Religion
ISBN : 0857934473

GET BOOK

'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

Author : Shaheen Sardar Ali
Publisher : Cambridge University Press
Page : 329 pages
File Size : 48,47 MB
Release : 2016-10-06
Category : Law
ISBN : 1107033381

GET BOOK

This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.

Author : Iza R. Hussin
Publisher : University of Chicago Press
Page : 360 pages
File Size : 33,82 MB
Release : 2016-03-31
Category : Law
ISBN : 022632348X

GET BOOK

In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

Author : Ashk Dahlen
Publisher : Routledge
Page : 425 pages
File Size : 11,58 MB
Release : 2004-03-01
Category : Social Science
ISBN : 1135943559

GET BOOK

This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.