...Publications, 2013 DOI: 10.5829/idosi.mejsr.2013.13.1.1756 Postmodernism Approach in Islamic Jurisprudence (Fiqh) 1 Ahmad Badri Abdullah, 1Mohd Anuar Ramli, 2Mohammad Aizat Jamaludin, 1 Syamsul Azizul Marinsah and 3Mohd Roslan Mohd Nor 1 Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, 50603 Kuala Lumpur, Malaysia 2 Halal Product Research Institute (HPRI), Universiti Putra Malaysia 3 Department of Islamic History and Civilization, Academy of Islamic Studies, Universiti of Malaya, 50603 Kuala Lumpur, Malaysia Abstract: The history of Islamic jurisprudence (fiqh) has gone through various phases. From the time of the Prophet Muhammad (PBUH), it has continuously become a dynamic force in fulfilling the contemporary needs of the Ummah. After the period of imitation (taqlid), Islamic jurisprudence enters the renewal process (tajdid) in order to rejuvenate Muslim society to the practice of Ijtihad. The emergence of new approach was caused by the changes and developments in human life that spark to the existence of new issues, which their answers cannot be traced in the works of classical fiqh. Accordingly, some would prefer to utilize the postmodernism approach in the process of interpretation of the divine texts in order to get the ruling (hukm). Some of the thinkers and scholars seem to neglect the normative guide in classical Usul al-Fiqh (the principle of Islamic jurisprudence) and tend to formulate new approaches in jurisprudence deciding process...
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...RLG204H5 S – Exam Review Week 3B: Denny CHAPTER 8 - Muslim creeds and theologies: Their purposes and varieties * Islamic Theology * Creed in Islam = Shahāda: simply proclaims the essential nature of God and the relation to him of his prophet, and thus implicitly all humans (if it is a creed, it is very laconic) * Kalām = theology in Islam = words, discussion, discourse * Ilm al-kalām = “science of discourse” or il al-tawhīd = “the science of (the divine) unity” * Theology only legitimate when subservient to the religious law, sharī’a * Fiqh = science of Muslim jurisprudence (‘Understanding’) is the chief Islamic science, in light of which all others are judged * Kalām is subordinate to fiqh * Majority of Muslims have given their allegiance in analysis and interpretation of doctrinal matters to the ‘ulamā’ = ‘the scholar jurists’ * THEOLOGICAL ISSUES * Khārijites = faction that seceded from Alī’s Shī’a * Had very high ideal of what Muslim community should be * Called themselves “the people of paradise” * Abandoned their leader Alī after his arbitration with Umayyad challenger, Mu’āwiya * Later also rejected the Umayyads * Now Khārijites = outlaw Muslims who zealously persisted trying to force their vision of Islam on their brothers * Strictest faction = Azraqites – Moderate faction = Najdite * Murji’ite = position that no human can discern whether sinners were...
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...Section1. INTRODUCTION In Islamic Law of Succession, the matter of inheritance by grandchildren from predeceased child of deceased stands on a critical position. By the rule of traditional succession law any son of the deceased excludes such grandchildren generally. But now this time many states brought some changes as to such traditional rule for the benefit of such grandchildren which works as shields from total exclusion. Pakistan brought a major change in 1961 by section-4 of the Muslim Family Laws Ordinance (MFLO). In Bangladesh the same law has become accepted through the promulgation of the ‘Laws Continuance Enforcement Order, 1971’. Section-4 the MFLO’1961 affects the fundamental principles of Muslim Law of Succession. Bangladesh is the only country which has adopted such change. Although this law has faced many challenges in Pakistan but in Bangladesh no academic discussion or judicial interpretation is made till now. Since 1961, from the date of adoption of MFLO there are differences of opinion among the persons. Some of them supported such enactment and some of them denied. The persons who opposed the law are known as traditionalists and the others are modernists. Both groups have logics behind their beliefs. Professor Serajuddin has rightly pointed it out that ‘It will however, be wrong to assume that only the traditionalists are opposed to orphaned grandchild’s inheritance. Again an internationally acclaimed scholar on Islamic Law thinks that section-4 of the...
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...page intentionally left blank An Introduction to Islamic Law The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The author expounds on the roles of jurists, who reasoned about the law, and of judges and others who administered justice; on how different legal schools came to be established, and on how a moral law functioned in early Muslim society generally. The second part explains how the law was transformed and ultimately dismantled during the colonial period. As the author demonstrates, this rupture necessitated its reinvention in the twentiethcentury world of nation-states. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms and lists for further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and its history. w a e l b . h a l l a q is James McGill Professor in Islamic Law in the Institute of Islamic Studies at McGill University. He is a worldrenowned scholar...
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...Introduction to Islamic Insurance K. M. Mortuza Ali 1 K. M. Mortuza Ali Managing Director Prime Islami Life Insurance Limited 29 Dilkusha C/A Raj Bhaban (6th Floor) Dhaka – 1000 Phone – 9560889, 9570729 (Off) 8353552 (Res) Mobile – 019-366617 Fax – 880-2-9564390 Email – plicl@bdonline.com kmortuza@bdmail.net 2 Chapter (I) Basic ideas about Risk & Insurance 1. 2. 3. 4. 5. 6. 7. 8. 9. What is Risk? How do we distinguish between pure risk and speculative risk ? How risk is handled? Why every risk is not insured? What are the characteristics of Insurable risks? What are the requisites of Insurance for Covering Risk? What are the Principles of Insurance contract? What are the different types of Life Insurance policies? How Insurance is different from Gambling? 10. What is the main function of insurance? 11. What is the greatest value of insurance? 12. What is the Purpose of Life Insurance? 13. How insurance protects value of life? 14. How life Insurance schemes meet the saving needs? 15. What are the social and economic values of Insurance? 16. What is the Actuarial principle of Life Insurance? 17. What is reinsurance? 18. What are the different methods of reinsurance? 1. What is Risk? Risk has been defined as the uncertainty as to the occurrence of an economic loss. It is the passivity of adverse result from a desired outcome. Risk and probability are not synonymous. We must understand the difference between risk and probability. The terms hazard and peril are...
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...ISLAMIC PROJECT FINANCE AND PRIVATE FUNDING SCHEMES INTRODUCTION From Islamic perspective there is no objection to such private provision (private sector companies) but there is always involve Shariah compliance issues. There is borrowing on the basis of riba is haram. The adoption of Islamic financing techniques such as istisna can avoid such difficulties and discounting of future income is seen as legitimate by Islamic economist. This technique can be used to calculate for social rate of return in Muslim societies. Increased knowledge can reduces uncertainty involved in any project but it will take time to reach the fruition. The modern techniques of project appraisal can be used by Islamic financial institutions and if there is commercial funding method that gives the appropriate needs and circumstances of Muslims countries and communities. As raise the private sectors, good information flow is important for the project to be properly evaluated. The issue of discounting is potentially causes problems from the perspective of Shariah. Discounting rate is equated with interest rate which constitutes riba. It also useful tool if the decision on the merits of different projects are to be made on the basis of comparison from their present value. Such the calculations enhance the knowledge of decision makers. Islamic financing instruments are used to replace the interest-based borrowing and to ensure the financial arrangements are efficient. 2. State arrangement of project...
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...Education 6. Modern Day -Examples from different Arab countries -Arab Spring 7. What’s next? 8. Citations 1. Introduction Over the course of history, women in the Middle East, not so much different than around the world, haven’t been attaining all their full rights and haven’t been quite satisfied with the status of gender equality that the world continues to lack. The Middle East has its more than enough share with this ever-continuing phenomenon. The situation changes with every passing day, as it is affected by our effervescently changing political and social status. Religion has played an enormous role in the matter, as did politics, economy, and social standards. Women’s rights have increased and decreased soon before it was satisfactory enough. This continues and will continue to happen until women find themselves satisfied in our men-driven society. In order for one to judge the current and possible future status, we must understand the past and how women’s rights evolved to become where it is right now. 2. Before Islam Women before the dawn of Islam had practically no legal status in opposition to the traditional and standard tribal laws. Their own fathers sold them to their husbands or legal guardians; they had no choice in the matter and could be left at anytime according to the spouse’s will. They had no private property or rights after the marriage would be terminated. Women’s status was quite poor in pre-Islamic Arabia. Their rights...
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...The Roles of Islamic Women Shania P. Fennell May 5, 2008 The Origins of Western Culture – HUM 101 Dr. DeChaby Spring 2008 The position of women in Muslim society has altered drastically in the centuries ever since Islam initiated in Arabia in the early 600s. Their place has fluctuated with irregular social, economic, and political situations. Even though Islam considers men and women as honorable equals in the eye of God, women have not had equivalent access to several regions of Islamic existence. This research paper will discuss Islam, Early Historical Background, Women in Islamic Society, Women in the Qur’an, Religious Life, Women Covering, Financial Matters, Financial obligations, Education, Modern Debate on the Status of Women in Islam, and U.S. Muslim Women Islam The Arabic word “Islam” means submission – in a religious situation, it indicates the submission to the will of God. Islam’s prophet is Muhammad, who acknowledged the initial revelation from God through the angel Gabriel in about 610 C.E. Muslim thinking consist of the oneness of God; the angels formed by Him; the prophets through whom His revelations were pass to humankind; the Day of Judgment and individual responsibility; God’s entire power over human fate in life and in death; the commands of the Quran; and the devotional services of prayer, fasting, aims giving, and making a pilgrimage to Mecca. Islam practices...
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...Islamic Teachings around the World Islamic Teachings around the World Islam is a highly misunderstood religion, with regard to Muslim’s beliefs, values, and goals. Many of the Muslim practices are different throughout the world depending on the local culture. Islam is the second largest religion with Christianity being first. In 2000 Islamic followers were 1.2 billion, which was 22 percent of the world population. According to Clark (2003) this percentage makes Islam the fastest growing major religion. This paper will research the teachings of Islam, compare the three major religions of Islam, Christianity, and Judaism, and point out similarities and differences in different countries. The history of Islam including the Qur’an will be discussed. The dissimilarity between radical Islamic extremist groups and Islam will be discussed. History of Islam Muhammad, at age 40, was visited by the angel Gabriel in the year 610 A. D. to be God’s prophet. He was given the mission of convincing others who worshiped many gods that they should submit to one God. Although Muhammad had few followers in the beginning he continued to teach his revelations in Mecca. In 622 A.D. Muhammad and his followers moved to Medina where the first Muslim community began, this is considered the first year in the Muslim calendar. In the years that followed the Muslim armies overtook most of Arabia, India, and Spain. Some communities were converted to the Islam faith peacefully while others...
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...prepare character of Prophet(PBUH) and Personality traits of a good Muslim from internet Qualities of Prophet(PBUH): courage, justice and equality, hospitality, simplicity, forgiveness COMPILATION OF THE QUR’AN: From Adam onwards, all the apostles received guidance and revelations Qur’an is the final revelation in the series of guidance It is a complete guidance for all stages of man’s life It deals with every aspect of human life It was revealed in a period of 23 years It confirms the previous scriptures but pins out and corrects the errors which had crept into those books and revealed the falsehood It perfects and completes the Divine revelations Stages of Revelation Loah-e-Mahfooz Lowest heaven in Bait-ul-Izza Heart of the Prophet (SAW) Ways of Revelation True dreams Ringing of bells Angel in angel form Angel in human form Direct revelation/ inspiration Revelation/ inspiration Arrangement of Qur’an The Prophet (SAW) dictated the sequence under Divine instructions Compilation During the Life of the Prophet (SAW) Memorization Writing Compilation After the Life of the Prophet (SAW) Abu Bakr compiled the Qur’an after many Huffaaz died in the Battle of Yamamah Uthman (RA) made copies of the Qur’an to correct the pronunciation of other Arab tribes Zaid ibn Thabit played a major role in both times Contents of the Qur’an Creation of the Universe Stories Seen and Unseen Prophesies Laws Code for Life Features of Makkan Surahs Tawheed: to clarify...
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...15, 2015 Through human history, the power of a woman and her role especially within the Islamic society has been a contentious topic. Many people, when they look at Islamic women and their roles, see a secluded and oppressed sex and which is taken to much inferior to men in most cases. Furthermore, when it comes to issues such as politics, women from the Islamic society are considered voiceless and thus play now important role as they work is seen much in the households chores as well as remaining submissive and faithful and to their husbands and the men around them with questioning. However, this is not the case when we look at the Ottoman Empire as things are totally different from what most people think and perceive about women in the Islamic society[1]. In fact, this has brought about an endless debate in terms of the place of women and their importance especially based on the Sultanate of Women period. This paper dives into the debate as we analyze the actual position that was taken by women specifically in the Ottoman Empire. Prior to the introduction of Islam religion, women did not have much say or significant contribution in the society as they were basically treated as inferior to their male counterparts. However, things were quite different, especially with the situation in the Ottoman Empire. Here, women enjoyed much freedom and had rights in regards to marriage, inheritance, divorce among other things. Even though men still had much say and authority, women had...
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...Western View: Are Muslim Women Really Oppressed? Jacque Brotherton George Fox University 20 June 2013 Abstract The Western world attributes the oppression of women in Islamic society to the religion itself but before that can be done the religion has to be fully understood. The mistreatment of Muslim women is justified as the accurate interpretation of what is stated as Shari ‘a law about their role in life. This paper examines the view of the western world and its belief in that Muslim women are oppressed. Muslim women are not allowed to work, receive limited education, and are often denied health care. The use of the veil is viewed as a sign of oppression and backwardness. This paper will also address the Qur’an and how it portrays women. Finally, the view that the Muslim women have of the western world will be discussed. On September 11, 2001, a spotlight was placed on the world of Islam. After the events of that day, there was an immediate increase in interest of the Islamic way of life. The western world has formed the opinion that Islamic society is oppressed by its religion and government, which tend to work hand in hand in its mistreatment of Muslim women. While Muslim women themselves do not feel oppressed, western bias and society portray them as such (Awde, 2005). This is because of their racial differences in regards to the way they live their lives. The...
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...language in the world. It is a language of religious importance since it is the holy language of the world's approximately 1 billion followers of Islam. It is used as a first language by approximately 200 million people and as a second language by about 246 million speakers. It does also belong to the six official languages of the United Nations. It is characterized by diglossia, a linguistic situation in which two varieties of the same language have a functional distribution, with the spoken variety used in informal and intimate contexts and the written variety, the Modern Standard Arabic (MSA), acquired through literacy and used in written and formal discourse. For those wanting to do business in Arabic-speaking markets, the Modern Standard Arabic is important, because it is common to all the countries in the Arab world, and is used in newspapers, magazines, books, and government documents. The Modern Standard Arabic is derived from the language of the Koran (known as Classical Arabic). It is very old, dating from the late 600's when the Quran was written down. No one speaks Classical Arabic as a native, nor is it used for conversation. It is learned primarily for reciting and reading the Quran. The spoken or colloquial language is used in daily interactions, but in a...
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...| The State and the Deceased: Escheatment in India | Research Paper in Family Law II | II Year Trimester VSubmitted by : Satya S. SahuID NO : 2088Submitted on 17 November 2014 | | | | National Law School of India University Index of Authorities Constitutions * The Constitution of India, 1949. Statutes * Government of India Act, 1915. * Hindu Succession Act, 1956. * Indian Succession Act, 1925. * Special Marriage Act, 1954. Cases * Chiranjilal Shrilal Goenka v. Jasjit Singh, (1993) 2 SCC 507. * Lakshmanammal And Anr. vs Tiruvengada Mudali (1882) ILR 5 Mad 241. * Collector of Masulipatnam v. Cavaly Venkata, (1860) 8 MIA 500. * State of Bihar v Radhakrishna Singh & Ors. 1983 SCC (3) 118. * Bombay Dyeing and Manufacturing Co. Ltd v. Bombay, (1958) SCR 1122. * Shafiq and Others v. Asstt. Director of Consolidation and Others, 2011(9)ADJ24. * Reshamlal Baswan vs Balwant Singh Jwalasingh Punjabi 1994 (0) MPLJ 446. * Ramcharan v. State of Rajasthan, AIR 2006 Raj 101. * Mohammed Arshad Chowdhry v. Sajida Banoo, (1878) IL 3 Cal. As a general rule, the transfer of title of property from ancestors to their offspring has been given recognition and enforced since time immemorial. It’s also a settled proposition that the law, decides on who to confer the right of succession in case of intestate property. Statutes of distribution, based on a host...
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...Modern Family Law: Changing attitudes and Agendas in the Personal Laws and the Uniform Civil Code Introduction: In the current modern state the need for a legal centralism is required. The dominant legal model of the uniform legal system brings out the modern State and the attitude of the people. India is one of the many countries in which the uniform legal system has gained such momentum maybe not in implementation but has gained much interest in a heated political debate. Article 44 of the Constitution of India, 1950 has anticipated the eventual implementation of the uniform legal system. Article 44 in the constitution of 1950, reads, “Uniform Civil Code for the citizens of India- the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” But the much anticipated eventuality has been a distant dream since the past 60 years. India is known for its socio-economic diversities and inequalities. India is one of the most diverse democracies of the world. India’s secularism which is enshrined in the preamble of the constitution is not an anti-religious policy but outlook to frame the country into one entity. India’s pluralism is linked with how the Hindu culture has never been mono-cultural or monotheistic. India’s democracy also aims at providing all citizens equal rights; this premise is based on treating equals equally. There are many shifting agendas in the personal laws in India. People’s outlook towards bigamy , triple...
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