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Many Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of shari`a law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.
Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?
A pioneering work on controversial issues within the Muslim world Islamic Ethics of Life considers three of the most contentious ethical issues of our time--abortion, war, and euthanasia--from the Muslim perspective. Distinguished scholars of Islamic studies have collaborated to produce a volume that both integrates Muslim thinking into the field of applied ethics and introduces readers to an aspect of the religion long overlooked in the West. This collective effort sets forth the relationship between Islamic ethics and law, clearly revealing the complexity and richness of the Islamic tradition as well as its responsiveness to these controversial modern issues. The contributors analyze classical sources and survey the modern ethical landscape to identify guiding principles within Islamic ethical thought. Clarifying the importance of pragmatism in Islamic decision making, the contributors also offer case studies related to specialized topics, including "wrongful birth" claims, terrorist attacks, and brain death. The case studies elicit possible variations on common Muslim perspectives. The contributors situate Muslim ethics relative to Christian and secular accounts of the value of human life, exposing surprising similarities and differences. In an introductory overview of the volume, Jonathan E. Brockopp underscores the steady focus on God as the one who determines the value of human life, and hence as the final arbiter of Islamic ethics. A foreword by Gene Outka places the volume in the context of general ethical studies, and an afterword by A. Kevin Reinhart suggests some significant ramifications for comparative religious ethics.
It is widely held today that classical Islamic law frees wives from any obligation to do housework. Wives’ purported exemption from domestic labor became a talking point among Muslims responding to Orientalist stereotypes of the “oppressed Muslim woman” by the late nineteenth century, and it has been a prominent motif in writings by Muslim feminists in the United States since the 1980s. In Wives and Work, Marion Holmes Katz offers a new account of debates on wives’ domestic labor that recasts the historical relationship between Islamic law and ethics. She reconstructs a complex discussion among Sunni legal scholars of the ninth to fourteenth centuries CE and examines its wide-ranging implications. As early as the ninth century, the prevalent doctrine that wives had no legal duty to do housework stood in conflict with what most scholars understood to be morally and religiously right. Scholars’ efforts to resolve this tension ranged widely, from drawing a clear distinction between legal claims and ethical ideals to seeking a synthesis of the two. Katz positions legal discussion within a larger landscape of Islamic normative discourse, emphasizing how legal models diverge from, but can sometimes be informed by, philosophical ethics. Through the lens of wives’ domestic labor, this book sheds new light on notions of family, labor, and gendered personhood as well as the interplay between legal and ethical doctrines in Islamic thought.
In this new book, Tariq Ramadan argues that it is crucial to find theoretical and practical solutions that will enable Western Muslims to remain faithful to Islamic ethics while fully living within their societies and their time. He notes that Muslim scholars often refer to the notion of ijtihad (critical and renewed reading of the foundational texts) as the only way for Muslims to take up these modern challenges. But, Ramadan argues, in practice such readings have effectively reached the limits of their ability to serve the faithful in the West as well as the East. In this book he sets forward a radical new concept of ijtihad, which puts context -- including the knowledge derived from the hard and human sciences, cultures and their geographic and historical contingencies -- on an equal footing with the scriptures as a source of Islamic law.
2019 Choice Outstanding Academic title I.B.Tauris in association with the Institute of Ismaili Studies Why is the term shari?a-the mention of which conjures up images of a politicised religion in many parts of the world-understood in the ways that it is today? For Muslims and non-Muslims alike, much is read into this term, often with scant regard for its historical, cultural or theological underpinnings. The politics of identity has a profound effect on contemporary life, both secular and religious, and this includes our understandings of the shari?a. Yet at the core of this concept, for Muslims, is the quest for a moral compass by which to navigate a path through life (Qur'an, 45:18), informed deeply by revelation and its interpretation by the Prophet Muhammad as well as his closest Companions. Built on this foundation is an ongoing human endeavour to grasp and lend expression to that teaching-elaborately in law, but no less so in devotional, ethical and customary practices in diverse Shi?i and Sunni Muslim communities, including in the West. Popular myths about the shari?a - that it is divine law, that it is contained in a single code recognised by all Muslims, that it is about controlling behavior, that it `defines' Islam - are challenged in this volume by leading scholars, with a view to illuminating how we arrived here and where we might be headed. The claims of the modern state as the custodian of the shari?a are put into perspective, alongside the vital role of a pluralist civil society. From bioethics, human development, family law and finance to constitutional and human rights issues, this fifth volume in the Muslim Heritage Series offers an accessible account of the ideals and realities of the shari?a. As such, it will appeal not only to specialists in the humanities and social sciences, but also to the general reader with an interest in global affairs and informed citizenship.
One of the most dynamic aspects of the Islamic revival during the past two centuries has been the rethinking of Islamic political thought. A broad range of actors, ideas, and ideologies characterize the debate on how Islamic ethics and law should be manifested in modern institutions. Yet this aspect of the "return to Islam" has been neglected by policymakers, the media, and even many scholars, who equate "political Islam" with merely one strand, labeled "Islamic fundamentalism." Bringing together ten essays from six volumes of the Ethikon Series in Comparative Ethics, this book gives a rounded treatment to the subject of Islamic political ethics. The authors explore the Islamic ethics of civil society, boundaries, pluralism, and war and peace. They consider questions of diversity, discussing, among other subjects, Islamic regimes' policies regarding women and religious minorities. The chapters on war and peace take up such crucial and timely issues as the Islamic ethics of jihad, examining both the legitimate conditions for the declaration of war and the proper conduct of war. In their discussions, the contributors analyze the works of classical writers as well as the full range of modern reinterpretations. But beyond these analyses of previous and contemporary thinkers, the essays also reach back to the two fundamental sources of Islamic ethics--the Qur'an and traditions of the Prophet--to develop fresh insights into how Islam and Muslims can contribute to human society in the twenty-first century. The authors are Dale F. Eickelman, Hasan Hanafi, Sohail H. Hashmi, Farhad Kazemi, John Kelsay, Muhammad Khalid Masud, Sulayman Nyang, Bassam Tibi, and M. Raquibuz Zaman. From the foreword by Jack Miles: "Western foreign ministers and secretaries of state may have to learn a little theology if the looming clash between embattled elements both in the West and in the Muslim umma is to yield to disengagement and peaceful coexistence, to say nothing of fruitful collaboration. . . . It is, then, no idle academic exercise that the thinkers whose work is collected here have in hand. The long-term practical importance of their work can scarcely be overstated."
Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship contains various cases of migration movements in the Muslim world from ethical and legal perspectives to argue that Muslim migration experiences can offer a new paradigm of how the religious and the moral can play a significant role in addressing forced migration and displacement
This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
"Traditional Islamic Ethics: The Concept of Virtue and its Implications for Human Rights" concentrates on the subject of Islam and modernity and Islam and human rights, a topic that has become popular and relevant with the rise of globalization and the interest in Islamic extremism and human rights. This book distinguishes itself by operating within the framework of the traditional school of thought or 'Islamic Traditionalism'. In doing so, it draws on Islam's 1400-year-old spiritual and intellectual tradition and its understanding of ethics and virtue, along with truth, justice, freedom, and equality. This book argues that Islam's pre-modern approach is indispensable in creating an organic and integral human rights model for Muslims. The first section argues that the current understanding and implementation of international human rights needs to be more flexible and inclusive if it truly aims to be universal in scope; this is because 'The Universal Declaration' and its offshoots are still underpinned by secular-liberal principles, and therefore, are at odds with other cultural traditions. To this end, this section critically explores popular human rights histories and contemporary ethical theories that attempt to justify human rights. The second section of this book provides a general overview on the subject of 'Islam and Human Rights'. After explaining some of the main problems, this section examines various solutions offered by Muslim academics and scholars, focusing on four different types of Muslim responses to modernity and human rights: liberal, progressive, traditional, and fundamentalist. It concludes that there are 'spaces of convergence' between modern-liberal ethics and traditional Islamic virtue ethics while maintaining that there are also fundamental differences and that these differences should be welcomed by human rights theorists and advocates. The book's intended audience is primarily post-graduate students and professional academics in the fields of Human Rights, Ethical Philosophy, and Islamic Studies (modern Islamic thought, Sufism, Islamic theology, Islamic Philosophy, and Traditionalism). It will also appeal to anyone interested in the subject of Islam and modernity in general and Islam and human rights in particular.