coercion and responsibility in islam a study in ethics and law oxford islamic legal studies

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Coercion And Responsibility In Islam

Author : Mairaj U. Syed
ISBN : 9780198788775
Genre :
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In Coercion and Responsibility in Islam, Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the cases of rape and murder. Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems.

The Legal Thought Of Jalal Al Din Al Suyuti

Author : Rebecca Hernandez
ISBN : 9780192528605
Genre : History
File Size : 24. 84 MB
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This book offers a new theoretical perspective on the thought of the great fifteenth-century Egyptian polymath, Jalal al-Din al-Suyuti (d. 1505). In spite of the enormous popularity that al-Suyuti's works continue to enjoy amongst scholars and students in the Muslim world, he remains underappreciated by western academia. This project contributes to the fields of Mamluk Studies, Islamic Studies, and Middle Eastern Studies not only an interdisciplinary analysis of al-Suyuti's legal writing within its historical context, but also a reflection on the legacy of the medieval jurist to modern debates. The study highlights the discursive strategies that the jurist uses to construct his own authority and frame his identity as a superior legal scholar during a key transitional moment in Islamic history. The approach aims for a balance between detailed textual analysis and 'big picture' questions of how legal identity and religious authority are constructed, negotiated and maintained. Al-Suyuti's struggle for authority as one of a select group of trained experts vested with the moral responsibility of interpreting God's law in society finds echoes in contemporary debates, particularly in his native land of Egypt. At a time when increasing numbers of people in the Arab world have raised their voices to demand democratic forms of government that nevertheless stay true to the principles of Shari'a, the issue of who has the ultimate authority to interpret the sources of law, to set legal norms, and to represent the 'voice' of Shari'a principles in society is still in dispute.

Narratives Of Islamic Legal Theory

Author : Rumee Ahmed
ISBN : 9780199640171
Genre : History
File Size : 54. 24 MB
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In this book Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Through a subtle interpretation of the work of major Islamic jurists, he reveals how the moral teachings of Islam were translated into a legal context in the critical, formative period of Islamic law.

Religious Pluralism And Islamic Law

Author : Anver M. Emon
ISBN : 9780191637742
Genre : Law
File Size : 73. 25 MB
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The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

Medieval Islamic Maps

Author : Karen C. Pinto
ISBN : 9780226126968
Genre : History
File Size : 40. 85 MB
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The history of Islamic mapping is one of the new frontiers in the history of cartography. This book offers the first in-depth analysis of a distinct tradition of medieval Islamic maps known collectively as the Book of Roads and Kingdoms (Kitab al-Masalik wa al-Mamalik, or KMMS). Created from the mid-tenth through the nineteenth century, these maps offered Islamic rulers, scholars, and armchair explorers a view of the physical and human geography of the Arabian peninsula, the Persian Gulf, the Mediterranean, Spain and North Africa, Syria, Egypt, Iraq, the Iranian provinces, present-day Pakistan, and Transoxiana. Historian Karen C. Pinto examines around 100 examples of these maps retrieved from archives across the world from three points of view: iconography, context, and patronage. By unraveling their many symbols, she guides us through new ways of viewing the Muslim cartographic imagination.

Shari A And Social Engineering

Author : R. Michael Feener
ISBN : 9780191668074
Genre : Law
File Size : 58. 88 MB
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This book seeks to open new lines of discussion about how Islamic law is viewed as a potential tool for programs of social transformation in contemporary Muslim society. It does this through a critical examination of the workings of the state shari'a system as it was designed and implemented at the turn of the twenty-first century in Aceh, Indonesia. While the empirical details of these discussions are unique, this particular case presents a remarkable site for investigating the broader issue of the impact of instrumentalist, future-oriented visions of Islamic law on modern Muslim calls for the state implementation of Islamic law. In post-tsunami/post-conflict Aceh, the idea of shari'a as an exercise in social engineering was amplified through resonance with an increasingly pervasive rhetoric of 'total reconstruction'. Based upon extensive fieldwork as well as critical readings of a wide range of archival materials, official documents, and local publications this work focuses on the institutions and actors involved with this contemporary project for the state implementation of Islamic law. The individual chapters are structured to deal with the major components of this system to critically examine how these institutions have taken shape and how they work. It also shows how the overall system was informed not only by aspects of late twentieth-century da'wa discourses of Islamic reform, but also modern trends in sociological jurisprudence and the impact of global models of disaster relief, reconstruction, and development. All of these streams of influence have contributed significantly to shaping the ways in which the architects and agents of the state shari'a system have attempted to use Islamic legislation and legal institutions as tools to steer society in particular desired directions.

Challenging Cosmopolitanism

Author : R. Michael Feener
ISBN : 1474435092
Genre : History
File Size : 88. 53 MB
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Cosmopolitanism has emerged as a key category in Islamic Studies, defining models of Muslim mobility, pluralism and tolerance that challenge popular perceptions of religious extremism. Such celebrations and valorisations of mobility and trans-regional consciousness, however, tend to conflate border-crossing with opportunity and social diversity with ethical progress. At the same time, they generally disregard the ways in which such forms of cosmopolitanism have been entwined with structures of domination, economic control and violence. This volume addresses these issues in ways that help to contextualize contemporary issues such as the global refugee crisis in relation to longer histories of Muslim mobility and coercion. Featuring new historical and ethnographic research on China and Southeast Asia, this book explores how power and violence have shaped the experiences of Sufis and state-builders, as well as refugees and rebels, contributing to a more nuanced understanding of Islamic cosmopolitanism.

Courts And Comparative Law

Author : Mads Andenas
ISBN : 9780198735335
Genre : Law
File Size : 58. 71 MB
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While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Compulsion In Religion

Author : Samuel Helfont
ISBN : 9780190843311
Genre : Political Science
File Size : 59. 30 MB
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This book draws on newly available archives from the Iraqi state and Ba'th Party to present a revisionist history of Saddam Hussein's religious policies. The point of doing this, other than to correct the current understanding of Saddam's political use of religion through his presidency, is to argue that the policies promoted then directly contributed to the rise of religious insurgencies in post-2003 Iraq as well as the current and probably future crises in the country. In looking at Saddam's policies in the 1990s, many have interpreted his support for state religion as evidence of a dramatic shift away from Arab nationalism, toward political Islam. But this book shows that the 'Faith Campaign' he launched during this time was the culmination of a plan to use religion for political ends, begun upon his assumption of the Iraqi presidency in 1979. At this time, Saddam began constructing the institutional capacity to control and monitor Iraqi religious institutions. The resulting authoritarian structures allowed him to employ Islamic symbols and rhetoric in public policy, but in a controlled manner. By the 1990s, these policies became fully realized. Following the American-led invasion of Iraq in 2003, religion remained prominent in Iraqi public life, but the system that Saddam had put in place to contain it was destroyed. Sunni and Shi'i extremists who had been suppressed and silenced were now free. They thrived in an atmosphere where religion had been actively promoted, and formed militant organizations which have torn the country apart since.

Homosexuality In Islam

Author : Scott Siraj al-Haqq Kugle
ISBN : 9781780740287
Genre : Religion
File Size : 85. 94 MB
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Homosexuality is anathema to Islam – or so the majority of both believers and non-believers suppose. Throughout the Muslim world, it is met with hostility, where state punishments range from hefty fines to the death penalty. Likewise, numerous scholars and commentators maintain that the Qur’an and Hadith rule unambiguously against same-sex relations. This pioneering study argues that there is far more nuance to the matter than most believe. In its narrative of Lot, the Qur’an could be interpreted as condemning lust rather homosexuality. While some Hadith are fiercely critical of homosexuality, some are far more equivocal. One even appears to actively endorse love between men. This is the first book length treatment to offer a detailed analysis of how Islamic scripture, jurisprudence, and Hadith, can not only accommodate a sexually sensitive Islam, but actively endorse it. Scott Kugle is the first Muslim to publish widely on the issue of homosexuality and Islam. An independent research scholar in Islamic studies, he has previously held positions at Duke University, the University of Cape Town, and Swarthmore College.

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