[PDF] Rethinking Muslim Personal Law eBook

Author : Hilal Ahmed
Publisher : Taylor & Francis
Page : 191 pages
File Size : 11,97 MB
Release : 2022-04-28
Category : Law
ISBN : 1000573192

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This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

Author : Ziba Mir-Hosseini
Publisher : Simon and Schuster
Page : 304 pages
File Size : 33,33 MB
Release : 2014-12-10
Category : Religion
ISBN : 1780747179

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Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic, and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, and since the late 19th century there has been a mass of literature tackling this issue. Recently, exciting new feminist research has been challenging gender discrimination and male authority from within Islamic legal tradition: this book presents some important results from that research. The contributors all engage critically with two central juristic concepts; rooted in the Qur’an, they lie at the basis of this discrimination. One refers to a husband’s authority over his wife, his financial responsibility toward her, and his superior status and rights. The other is male family members’ right and duty of guardianship over female members (e.g., fathers over daughters when entering into marriage contracts) and the privileging of fathers over mothers in guardianship rights over their children. The contributors, brought together by the Musawah global movement for equality and justice in the Muslim family, include Omaima Abou-Bakr, Asma Lamrabet, Ayesha Chaudhry, Sa‘diyya Shaikh, Lynn Welchman, Marwa Sharefeldin, Lena Larsen and Amina Wadud.

Author : Mohammed Arkoun
Publisher : Routledge
Page : 229 pages
File Size : 48,51 MB
Release : 2019-06-18
Category : Political Science
ISBN : 1000309959

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A Berber from the mountainous region of Algeria, Mohammed Arkoun is an internationally renowned scholar of Islamic thought. In this book, he advocates a conception of Islam as a stream of experience encompassing majorities and minorities, Sunni and Shi'a, popular mystics and erudite scholars, ancient heroes and modern critics. A product of Islamic

Author : Shadi Hamid
Publisher : Oxford University Press
Page : 401 pages
File Size : 11,49 MB
Release : 2017-07-17
Category : Political Science
ISBN : 0190649224

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For years, scholars hypothesized about what Islamists might do if they ever came to power. Now, they have answers: confusing ones. In the Levant, ISIS established a government by brute force, implementing an extreme interpretation of Islamic law. On the opposite end of the spectrum, Tunisia's Ennahda Party governed in coalition with two secular parties, ratified a liberal constitution, and voluntarily stepped down from power. In Egypt, the Muslim Brotherhood, the world's oldest Islamist movement, won power through free elections only to be ousted by a military coup. The strikingly disparate results of Islamist movements have challenged conventional wisdom on political Islam, forcing experts and Islamists to rethink some of their most basic assumptions. In Rethinking Political Islam, two of the leading scholars on Islamism, Shadi Hamid and William McCants, have gathered a group of leading specialists in the field to explain how an array of Islamist movements across the Middle East and Asia have responded. Unlike ISIS and other jihadist groups that garner the most media attention, these movements have largely opted for gradual change. Their choices, however, have been reshaped by the revolutionary politics of the region. The groups depicted in the volume capture the contradictions, successes, and failures of Islamism, providing a fascinating window into a rapidly changing Middle East. It is the first book to systematically assess the evolution of mainstream Islamist groups since the Arab uprisings and the rise of ISIS, covering 12 country cases. In each instance, contributors address key questions, including: gradual versus revolutionary approaches to change; the use of tactical or situational violence; attitudes toward the nation-state; and how ideology, religion, and political variables interact. For the first time in book form, readers will also hear directly from Islamist activists and leaders themselves, as they offer their own perspectives on the future of their movements. Islamists will have the opportunity to challenge the assumptions and arguments of some of the leading scholars of Islamism, in the spirit of constructive dialogue. Rethinking Political Islam includes three of the most important country cases outside the Middle East-Indonesia, Malaysia, and Pakistan-allowing readers to consider a greater diversity of Islamist experiences. The book's contributors have immersed themselves in the world of political Islam and conducted original research in the field, resulting in rich accounts of what animates Islamist behavior.

Author :
Publisher : BRILL
Page : 317 pages
File Size : 11,47 MB
Release : 2021-03-22
Category : Social Science
ISBN : 9004459235

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Rethinking Halal reflects an anthropological revolution, that of the scientising, standardising, and normalising of social life through certification which is part of a process of ‘positivisation’ that directly affected Islam and Islamic normativity.

Author : Carl W. Ernst
Publisher : Univ of North Carolina Press
Page : 273 pages
File Size : 18,36 MB
Release : 2005-10-12
Category : Religion
ISBN : 0807875805

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Avoiding the traps of sensational political exposes and specialized scholarly Orientalism, Carl Ernst introduces readers to the profound spiritual resources of Islam while clarifying diversity and debate within the tradition. Framing his argument in terms of religious studies, Ernst describes how Protestant definitions of religion and anti-Muslim prejudice have affected views of Islam in Europe and America. He also covers the contemporary importance of Islam in both its traditional settings and its new locations and provides a context for understanding extremist movements like fundamentalism. He concludes with an overview of critical debates on important contemporary issues such as gender and veiling, state politics, and science and religion.

Author : Leslie Terebessy
Publisher : Independently Published
Page : 0 pages
File Size : 26,25 MB
Release : 2023-03-09
Category :
ISBN :

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Muslims are experiencing problems due to a misunderstanding of Islam. The misunderstanding of revelation resulted from the repression of reason by Muslim tradition. Reason is gift from Allah. To reject the blessing of reason betrays ungratefulness, which is among the meanings of kufr. Reason is disparaged by persons that feel threatened by it. The fear of reason precipitated the extermination of 5,000 rationalists by Musa al-Hadi during the mihna or Inquisition of 786. The killing of the philosophers confirms that "orthodoxy" was established by force rather than arguments. The persons that perpetrated this atrocity were not well versed in argumentation. Thus, they resorted to violence to force their perceptions on the umma through coercion, prohibited by revelation. The misunderstanding of revelation encouraged extremists to follow their passions. The misunderstanding was the result of traditional exegesis, which requires understanding revelation through the prism of tradition. Traditional exegesis treats traditions as a furqan of revelation. This is reflected in the perceptions that tradition "judges" revelation, and that revelation requires tradition more than tradition requires revelation. By treating tradition rather than revelation as the furqan, traditional exegesis defied tauhid. Treating tradition as a "judge" of revelation is tantamount to scriptural shirk. The traditional approach entails the repression of reason. But the refusal to use reasoning to understand revelation made it harder to understand revelation. It rendered traditional exegesis unreasonable and unreliable. The assumptions that render the traditional exegesis unreliable comprise the perception that reason is the enemy of revelation, that reason is subordinate to tradition, and that tradition may "judge," "abrogate," and "replace" parts of revelation. The repression of reason enabled the emergence of perceptions that defy revelation, the perceptions that revelation is "unclear," "incomplete," and "incoherent." Problematic assumptions encompass the perception that tradition is "equal" to revelation and that tradition is a root of the sharia. These perceptions generated unwelcome effects. The allegation that tradition is equal to revelation embedded scriptural shirk in exegesis. The perception that tradition may "abrogate" and replace the rulings of revelation by rulings from tradition embedded juristic shirk in traditional jurisprudence. The embedding of scriptural and juristic shirk into the fabric of the religious knowledge corrupted knowledge and a warped the penal code. The death penalties for blasphemy, apostasy and adultery, were incorporated into Islamic law without endorsement in revelation. These punishments embedded extremism into the law. The punishments were drawn from tradition rather than revelation. They result in injustice and impart to Islam a reputation for cruelty. The shirk at the foundation of the exegesis of revelation renders the knowledge brought by traditional exegesis and jurisprudence unreliable. Thus, requires reconstruction and rehabilitation. The reconstruction of religious knowledge requires a return to reason and the affirmation of the preeminence of revelation in relation to all tradition. Reconstruction also requires the affirmation of revelation as the foundation of all legislation in religion. It requires a return to a rational methodology of understanding revelation.

Author : Daniel W. Brown
Publisher :
Page : pages
File Size : 28,95 MB
Release : 2014
Category : Hadith
ISBN :

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Modern Muslim intellectuals have been trying to reestablish a foundation for the revival of Islamic law. In this fascinating study, Daniel Brown assesses the implications of new approaches to the law on contemporary Islamic revivalist movements, and explores the impact of modernity on attitudes toward religious authority generally. This book will make a major contribution to the understanding of contemporary Islam, and will be of interest to scholars of the Middle East and South Asia, and to those teaching Islamic law.

Author : Carl W. Ernst
Publisher : Univ of South Carolina Press
Page : 318 pages
File Size : 36,59 MB
Release : 2012-11-27
Category : Religion
ISBN : 1611172314

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A groundbreaking response to the challenges of interpreting Islamic religion in the post-9/11 and post-Orientalist era Rethinking Islamic Studies upends scholarly roadblocks in post-Orientalist discourse within contemporary Islamic studies and carves fresh inroads toward a robust new understanding of the discipline, one that includes religious studies and other politically infused fields of inquiry. Editors Carl W. Ernst and Richard C. Martin, along with a distinguished group of scholars, map the trajectory of the study of Islam and offer innovative approaches to the theoretical and methodological frameworks that have traditionally dominated the field. In the volume's first section the contributors reexamine the underlying notions of modernity in the East and West and allow for the possibility of multiple and incongruent modernities. This opens a discussion of fundamentalism as a manifestation of the tensions of modernity in Muslim cultures. The second section addresses the volatile character of Islamic religious identity as expressed in religious and political movements at national and local levels. In the third section, contributors focus on Muslim communities in Asia and examine the formation of religious models and concepts as they appear in this region. This study concludes with an afterword by accomplished Islamic studies scholar Bruce B. Lawrence reflecting on the evolution of this post-Orientalist approach to Islam and placing the volume within existing and emerging scholarship. Rethinking Islamic Studies offers original perspectives for the discipline, each utilizing the tools of modern academic inquiry, to help illuminate contemporary incarnations of Islam for a growing audience of those invested in a sharper understanding of the Muslim world.