Rethinking The Jurisprudence Of Islam
DOWNLOAD
Download Rethinking The Jurisprudence Of Islam PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Rethinking The Jurisprudence Of Islam book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Rethinking The Jurisprudence Of Islam
DOWNLOAD
Author : Leslie Terebessy
language : en
Publisher: Independently Published
Release Date : 2024-01-14
Rethinking The Jurisprudence Of Islam written by Leslie Terebessy and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-14 with Political Science categories.
Islam is the third of the three Abrahamic faiths. They share the heritage of monotheism. But Muslims are perceived with concern. They experience tensions not just with non-Muslims, but also with Muslims of related persuasions. The RAND Corporation Report highlights a range of challenges of the umma. These challenges stem from the politicisation of religion. Hawkish ulama re-interpreted Islam to justify unlawful wars of territorial expansion of the empire. Hawkish jurists reinvented Islam as Islamism, as a religion of war rather than peace. They misinterpreted the teaching of Islam by recourse to tradition and the teaching of abrogation. Revelation was "interpreted" to endorse practices that are against Islam. These encompass treating the refusal to pay zakat as deserving the death penalty. It also includes waging wars of aggression to "propagate" Islam by the sword. The Book of Allah refrains from treating apostasy as a crime punishable by death. The prophet did not take any person's life for apostasy, either. Prescribing the death penalty for apostasy required by-passing revelation. Recourse to tradition enabled politicised ulama to produce "traditional Islam." Recourse to the teaching of the "abrogation" of the verses of reconciliation by verse 9:5 enabled hawkish ulama to re-interpret Islam as a manifesto for war and a justification for territorial expansion. Replacing the rulings in the Book of Allah required the treatment of tradition as "revelation" and therefore as a "second" root of the law. But treating tradition as "revelation" (wahy) is not enough to derive religious rulings from tradition. For religious rulings require being derived from what Allah "sent down" (tanzil). This is clear from verses 44, 45 and 47 of chapter 5 of the Book of Allah. By contrast, wahy (inspiration) could be provided by evil beings, too. By deriving rulings of the sharia from tradition, jurists treated traditions not merely as wahy (inspiration) but as tanzil or what Allah "sent down." But enacting law in religion is the exclusive prerogative of Allah. Treating tradition as a root of legislation defies the teaching of the Book of Allah. For the Book teaches that we are to "judge" exclusively by tanzil, (what Allah sent down). But Allah sent down the Book of Allah; he did not "send down" books of traditions. Blasphemy, adultery and apostasy do not merit capital punishment in the Book of Allah. These rulings represent a corruption of Islamic law. This requires attention. Islamic law requires rehabilitation to ensure that all legislation related to religion is firmly rooted in revelation and only in revelation. Prescribing capital punishment in cases of blasphemy, adultery and apostasy disregards the Book of Allah and encroaches upon tawhid, the principle that the authority to enact laws in religion belongs to Allah alone. Is treating tradition as a "second" root of legislation in keeping with tauhid? Thus, the sharia requires rehabilitation. It is necessary to emphasize justice. It is necessary to restore the Book of Allah as the only root of legislation in all matters related to religion. Following tradition in preference to revelation brought disasters upon the umma. The Mongols devastated the Abbasid empire after the murder of a caravan of Mongol traders and ambassadors sent by Genghis Khan to request justice for the killers of the traders and ambassadors. The Abbasids perpetrated these transgressions because they followed the tradition which says that "the blood of the kafir is halal for the believer" in preference to the Book of Allah that teaches that "Allah does not love wrongdoers." The Abbasids paid dearly for confusing tradition with revelation and following tradition in preference to revelation. Even to this day, acts of terrorism elicit a disproportionate response against Muslims.
Rethinking Muslim Personal Law
DOWNLOAD
Author : Hilal Ahmed
language : en
Publisher: Taylor & Francis
Release Date : 2022-04-28
Rethinking Muslim Personal Law written by Hilal Ahmed and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-28 with Law categories.
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.
Rethinking Islamic Jurisprudence For Muslim Minorities
DOWNLOAD
Author : Karen-Lise Johansen Karman
language : en
Publisher:
Release Date : 2008
Rethinking Islamic Jurisprudence For Muslim Minorities written by Karen-Lise Johansen Karman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
Rethinking Islamic Legal Modernism
DOWNLOAD
Author : Ron Shaham
language : en
Publisher: BRILL
Release Date : 2018-07-10
Rethinking Islamic Legal Modernism written by Ron Shaham and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-10 with Law categories.
In Rethinking Islamic Legal Modernism Ron Shaham presents Yusuf al-Qaradawi (b. 1926) as a genuine student of Rashid Rida (d. 1935) and offers an extensive analysis of Qaradawi's Wasati theory of ijtihad and its application in his legal opinions (fatwas).
Rethinking Tradition In Modern Islamic Thought
DOWNLOAD
Author : Daniel W. Brown
language : en
Publisher: Cambridge University Press
Release Date : 1999-03-04
Rethinking Tradition In Modern Islamic Thought written by Daniel W. Brown and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-04 with History categories.
Questions about the authenticity and authority of sunna have long been of central importance to the study of Islam, especially to those concerned with Islamic law. In this fascinating study, Daniel Brown traces the emergence of modern debates over sunna, focusing in particular on Egypt and Pakistan where these controversies have raged most fiercely, and assesses the implications of new approaches to the law on contemporary movements of Islamic revival. Using the case of modern Islam as a starting-point, the author considers how adherents of any great tradition deal with change.
Woman S Identity And Rethinking The Hadith
DOWNLOAD
Author : Nimat Hafez Barazangi
language : en
Publisher: Routledge
Release Date : 2016-03-09
Woman S Identity And Rethinking The Hadith written by Nimat Hafez Barazangi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-09 with Religion categories.
The Prophet Muhammad’s reported traditions have evolved significantly to affect the social, cultural, and political lives of all Muslims. Though centuries of scholarship were spent on the authentication and trustworthiness of the narrators, there has been less study focused on the contents of these narratives, known as Hadith or Sunnah, and their corroboration by the Qur`an. This book is a first step in a comprehensive attempt to contrast Hadith with the Qur`an in order to uncover some of the unjust practices by Muslims concerning women and gender issues. Using specific examples the author helps the reader appreciate and understand the magnitude of the problem. It is argued that the human rights and the human development of Muslim women will not progress in a meaningful and sustainable manner until the Hadith is re-examined in a fresh new approach from within the Islamic framework, shifting the discourse in understanding Islam from a dogmatic religious law to a religio-moral rational worldview. The author argues that such re-examination requires the involvement of women in order to affirm their authority in exegetical and practical leadership within Muslim societies, and she encourages Muslim women to stand up for their rights to effect change in understanding the role of sunnah in their own life.
Permitting The Prohibited And Prohibiting The Permissible
DOWNLOAD
Author : Leslie Terebessy
language : en
Publisher: Independently Published
Release Date : 2023-03-09
Permitting The Prohibited And Prohibiting The Permissible written by Leslie Terebessy and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-09 with categories.
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.
Woman S Identity And The Hadith Rethinking The Sunnah
DOWNLOAD
Author : Nimat Hafez Barazangi
language : en
Publisher: Lund Humphries Publishers
Release Date : 2015-10-01
Woman S Identity And The Hadith Rethinking The Sunnah written by Nimat Hafez Barazangi and has been published by Lund Humphries Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-01 with Law categories.
This book comprehensively contrasts Hadith with the Qur`an in order to uncover some of the unjust practices by Muslims concerning women and gender issues. Using specific examples the author argues that the human rights and the human development of Muslim women will not progress in a meaningful and sustainable manner until the Hadith is re-examined in a fresh new approach from within the Islamic framework, shifting the discourse in understanding Islam from a dogmatic religious law to a religio-moral rational worldview.
Rethinking Tradition In Islam
DOWNLOAD
Author : Leslie Terebessy
language : en
Publisher: Independently Published
Release Date : 2023-04-22
Rethinking Tradition In Islam written by Leslie Terebessy and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-22 with categories.
Judgement in religion is the prerogative of Allah. To derive prohibitions from traditions is tantamount to treating the transmitters of traditions as "judges." Furthermore, treating tradition as a "judge" of revelation subordinates revelation to tradition. Those who judge by what Allah did not reveal are treated in the Book of Allah as kafirun (disbelievers), zalimun (wrongdoers) and fasiqun (rebels). The purpose of the sharia is to ensure equity. Just laws protect persons and the wellbeing of society. Unjust laws harm people and undermine the well-being of the community. The turn from revelation to tradition reoriented the umma from Allah to the prophet, from the Book of Allah to the books of traditions, and from ethics to aesthetics. The beauty of recitation is prioritized at the expense of the understanding of the meaning of revelation. The turn from revelation to tradition detached jurisprudence from its moorings in tauhid. The treatment of tradition as revelation produced troubling effects. It fused tradition with revelation. In a few cases, man-made rulings replaced revealed rulings. Tradition replaced revelation as preeminent root of the sharia. In a few instances, rulings from traditions replaced revealed rulings. Rulings in defiance of revelation from traditions were embedded in penal law. This transpired in cases of the punishments for apostasy, blasphemy, and adultery. Mandating capital punishment for these acts transgressed the limits (hudud) of Allah. The treatment of tradition as revelation "equal" to the Book of Allah spawned legislation based on tradition, parallel to legislation based on revelation. Thus, rulings of traditional jurisprudence based on the premise that tradition provides a foundation for legislation require being reviewed. In different words, traditional exegesis and jurisprudence require reconstruction, to bring them in line with revelation. This requires treating revelation as the exclusive foundation of legislation in the sharia. Refraining from the utilization of reason restricts the power of a person to act rationally. This takes him or her from the ranks of the mukallafuna, responsible persons in possession of their faculties. The failure to use reason renders traditional exegesis and jurisprudence unreliable. This requires attention. The treatment of the hadiths as revelation "equal" to the Book of Allah suggests two roots of the law. But Allah prohibited "adding" to revelation. The prophet also prohibited the recording of traditions. A few persons recorded the prophetic traditions regardless. These reports would be treated as a root of the law. Prohibiting the use of reason to understand the Book of Allah made access to revelation harder. The characterisation of the use of reason in the understanding of revelation as kufr discouraged the ulema from using reason. As a result, the religious sciences, particularly exegesis and jurisprudence, atrophied. This underlines the need to reconstruct religious thought.
The New Voices Of Islam
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2006
The New Voices Of Islam written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Islam categories.
Over the years, a significant discourse has emerged from a number of prominent Muslim thinkers who wish to reformulate Islamic theology and jurisprudence. This book talks about their work, on the themes of Islamic hermeneutics; Islam's relationship with modernity; and the relationship of Islam with democracy and civil rights.