Author: Mohammad Omar Farooq
Publisher: International Institute of Islamic Thought (IIIT)
Release Date: 2011
It is the author’s contention that at the heart of the Muslim predicament lies ignorance and/or lack of commitment to core Islamic values, thus what is advocated throughout this work is a return to what is termed a “value-oriented” approach. We further learn that with the passage of time what we today consider to be the Shariah is in effect an original hub enveloped in a labyrinthine shroud of scholastic views and deductions hindering Muslim development, and to rely on fraudulent hadith and fallacious implementation of hudud law is not only to betray the spirit of the Qur’an and the Prophet’s message, but a disastrous exercise. Consequences being blatant abuse of the Muslim populace under cover of implementing a bogus Shariah. This abuse and misapplication is explored throughout the work.
In this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ashʿarī-Muʿtazilī debates on the nature and implications of divine speech, Farahat argues that the Ashʿarī attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat's volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics.
Author: Israel Doron
Publisher: Springer Science & Business Media
Release Date: 2008-09-25
Genre: Family & Relationships
This book is about trying to answer questions. These questions were well introduced by Prof. Margaret Hall in the opening of her chapter in this book: “The fundamental idea of ‘law and aging’ as a discrete category of legal principle and theory is controversial: how and why are ‘older adults’ or ‘seniors’ or ‘elders’ (the very terminology is controversial and fraught with difficulties) a discrete and distinct group for whom ‘special’ legal thought and treatment is justified? For some, a category of law and aging is inherently paternalistic, suggesting that older persons are, like children, especially in need of the protection of the law. In this sense, the argument continues, the category itself internalizes ageist presumptions about older adults and is therefore inherently flawed and even harmful. If certain older adults are, because of physical or mental infirmities, genuinely in need of an enhanced level of legal protection, this entitlement should be conceptualized in terms of their disability; older adults are not a distinct group but an arbitrarily delineated demographic category which contains within it any number of groups that are legitimately distinct for the purposes of legal theory (the di- bled; women; persons of colour; Aboriginal persons; rich and poor; etc.) Indeed, the arti- cial category of “older adults” may be seen as obfuscating, submerging these more meaningful distinctions.
Since the first IVF birth in 1990, the Iranian medical community has not only given full support to the use and development of assisted reproductive technology but has aided the emergence of a powerful, locally-trained body of medical practitioners and biomedical researchers. At the same time, from a religious point of view, most Shia legal authorities – differences of opinion notwithstanding – have taken a relatively permissive view and generally support assisted reproductive technology, including procedures that involve egg, sperm and embryo donation as well as surrogacy arrangements under certain conditions. An examination of the social, legal and ethical aspects of the development and implementation of these technologies in Iran is the subject of this book. It is based on a combination of extensive ethnographic research and textual analysis of important academic and religious seminary publications in Iran, from Shia jurisprudence (fiqh) and Persian histories to the analysis of laws and verdicts.
Focusing substantially on the relation between the concept of constitutionalism and Islamic Law in general and how such relation is specifically reflected in the Shiite jurisprudence, this volume explores the juristic origins of constitutionalism, especially in the context of 1905 Constitutional Revolution in Iran.
Author: Ziba Mir-Hosseini
Release Date: 2000
Genre: Muslim women
How can justice for women be achieved in an Islamic society? Through a series of lively interviews with clerics in the Iranian religious centre of Qom, Ziba Mir-Hosseini explores the issue of gender with Islamic jurisprudence and examines how clerics today perpetuate and modify these notions.
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).