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At a time when more nuanced understandings of Muslim countries and their legal and social practices are urgently needed in the West, the appearance of this collection is especially welcome. In these illuminating and accessible essays, the contributors explain how Islam sees itself in terms of social policy, how it treats women, and how it encourages charity, education, and general social welfare. The essays encompass many regional cultures and draw on court records and legal debates, field work on government ministries, and an extensive reading of Islamic law. In his overview of waqf (similar to the Western idea of a foundation, in which an endowment is set aside in perpetuity for specified purposes), Ahmad Dallal explains how charity, a central organizing principle in Islam, is itself organized and how waqf, traditionally a source of revenue for charitable purposes, can also become a source of tension and conflict. Donna Lee Bowen, in her essay on the position of women in Islamic law, points out the crucial differences between the Islamic principles of family equity and the Western notion of individual equality. In a subsequent essay, Bowen addresses the problems surrounding family planning and the dilemmas that have arisen within the Muslim world over differing ideas about birth control. The two final essays look at specific instances of how the modern state has treated Islamic social policy. Gail Richardson examines zakat, an Islamic tax used to assist the poor, and its administration in Pakistan. Carol Underwood, meanwhile, explores public health policy in Iran, both before and after the Islamic revolution that deposed the Shah. Addressing some of the most profound misunderstandings between Islamic and Western societies, Islam and Social Policy will be of vital interest not only to scholars and policymakers but to anyone concerned with Islam's critical place in the modern world.
This book examines social policy in Muslim countries across the world and the status and role of Islamic teachings in such policies. It fills a gap in the literature by reviewing and comparing the experience of several Muslim countries from across the world. The existing social policy literature lacks a comprehensive appraisal of the social policy scene in Muslim societies, especially from a comparative perspective. This book will be of interest to a wide audience in the academic and policy forums related to and interested in Muslim societies and communities.
The current rise of Islamism throughout the Muslim world, Islamists’ demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today’s rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims’ individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists’ strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet’s demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi’a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state’s accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.
This is a new examination of how Shari’a law affects public policy both theoretically and in practice, across a wide range of public policy areas, including for example human rights and family law. The process by which public policy is decided - through elections, debates, political processes, and political discourse - has an additional dimension in the Islamic world. This is because Shari'a (divine law) has a great deal to say on many mundane matters of everyday life and must be taken into account in matters of public policy. In addition, matters are complicated further by the fact that there are differing interpretations of the Shari'a and how it should be applied to contemporary social issues. Written by leading experts in their field, this is the first comprehensive single volume analysis of Islam and public policy in the English language and offers further understanding of Islam and its wider social and political implications.
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.
This book underlines the mutability of Islamic law and attempts to relate its substantive and institutional varieties and transformations to social, political, economic and other historical circumstances. The studies in the book range from discussion of the received wisdom in Islamic law to studies of legal institutions and the theoretical means employed by Islamic law for the accommodation of changing historical circumstances. First published in 1988.
This unique textbook enables social work practitioners to gain a deeper understanding of how Islamic principles inform and influence the lives of Muslim populations. Designed to support work with families and faith communities, this completely revised and updated edition examines religious precepts, cosmologies, philosophies and daily practices, while acknowledging cultural variants and population heterogeneity. It includes a comprehensive update of the research literature, international case studies, and new sections on religious extremism and ageing and end-of-life. This is the only book specifically on social work with Muslim communities and provides an essential toolkit for culturally sensitive social work practice.
In the face of Islam's own internal struggles, it is not easy to see who we should support and how. This report provides detailed descriptions of subgroups, their stands on various issues, and what those stands may mean for the West. Since the outcomes can matter greatly to international community, that community might wish to influence them by providing support to appropriate actors. The author recommends a mixed approach of providing specific types of support to those who can influence the outcomes in desirable ways.
Islam’s Sacred Law is one of the most complex, detailed and comprehensive legal theories that Islam, as a Western religion, has produced in its capacity as a doctrine of social justice. However, few available texts have dealt with the treatment of women under the actual system of justice that adheres to Islam’s Sacred Law. This book fills this void by providing a much needed comprehensive study of the application of the Sacred Law to women under the Islamic Republic of Iran’s justice system. It will be a fascinating guide to all those interested in comparative law, criminal justice and the sociology of law.