The Burial of Muslims in a Non-Islamic Context between Theory and Practice First Investigation into the Campania Case

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This article is a response to the invitation of the Union of Italian Islamic Communities to the academic world to pay more attention to the issue of Islamic burial and cemetery spaces in Italy. It has two objectives. The first is to identify and analyse Islamic rules on burial in a non-Islamic context in order to verify their compatibility with Italian legislation. The second objective is to carry out an initial mapping of the existing Islamic cemeteries in Campania, the actual number of which is one of the data on the basis of which it will be possible to determine whether and to what extent the right of Muslims living in the area to be buried in accordance with Islamic rules is respected.

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  • 10.20473/mkp.v32i22019.159-167
Subordination of women and patriarchal gender relations at Islamic poor community
  • Jul 2, 2019
  • Masyarakat, Kebudayaan dan Politik
  • Ahmad Ridwan + 1 more

This study focuses on poor women in the social environment (village) in the center of the Surabaya metropolis with classical Islamic culture and rules. Social relations and “pesantren culture” are felt in this place. For example: women must wear headscarves every day, men use koko sarongs and shirts, reading the holy verses of the Qur’an are a daily habit. In fact, elementary school children have become memorizers of the Qur’an (hafidz). This place produces “kyai” and “nyai” (saints in Javanese Islam). This study focuses on unequal gender relations between men and women so that poor women experience subordination, as well as empowerment of poor women in the Islamic community in the middle of big cities. Women, especially poor women, have very low bargaining power because of the patriarchal culture and Islamic rules there. Even though poor women help to make a living for the family, all important decisions remain with the husband (male). The methodology used is qualitative. Conduct in-depth interviews with poor women who were married in that place. Researchers also make observations about their daily activities in the community. The result, using Michel Foucault’s power relations theory analysis, found that poor women get unfair relationships every day. They always lose with their husbands in any case. They are always oppressed and subordinated. Poor women get a discourse that women are the second social class in this life. They are a male partner, not the first person. So, important decision makers in the family are always men, not women. Although women help their husbands to work outside the home, decision makers are always husbands. Poor women are also powerless in government development programs. Even though the relationship is not equal, all women accept it because it comes from God’s destiny (Allah SWT). This phenomenon is real and occurs in the center of a big city (Surabaya) which is one of the largest cities in Indonesia.

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  • Cite Count Icon 15
  • 10.1353/sais.2017.0013
A Religious Party Takes Hold: Turkey
  • Jan 1, 2017
  • SAIS Review of International Affairs
  • Svante Cornell

A Religious Party Takes Hold:Turkey Svante Cornell (bio) Turkey has a unique position in the Muslim world as a country that held the Caliphate for several hundred years but then turned into a secular republic. Over the past ninety years, Islam has coexisted uneasily with the Turkish state, which has tried both to co-opt and suppress a powerful political Islamic movement that began gathering force in the 1960s. Turkey is unique in the fact that a movement rooted in political Islam managed not only to come to power in democratic elections, but proved able to stay in power and continue to win elections for over a decade. Whereas this aspect of the Turkish experience is widely lauded by Western observers, there is nevertheless another side to the coin. As the power of Recep Tayyip Erdoğan and his Justice and Development Party (AKP) grew, they also turned increasingly authoritarian and Islamist. Turkey's experience is indicative of the broader nature of "moderate" political Islam, and its relationship with democracy; it suggests that "moderate Islamism" has embraced the mechanics of electoral democracy but not its fundamental values. The Scene: Turkey's Political System Since the introduction of multi-party democracy in 1950, Turkey has with brief exceptions been ruled by center-right parties that tried to court religious voters while maintaining a commitment to the secular character of the Turkish state. Importantly, this took place in a Cold War context where the main existential concern was perceived to be the threat from the left. To counter that threat, Turkish governments began to actively support nationalist and Islamic sentiments that were believed to constitute a counter-balance to leftist ideologies. The U.S. government saw little problem with this strategy which would come to consume its creators. In this context, the 1980 military coup was a decisive event in both a political and ideological sense. Politically, the coup dealt a severe blow to Turkish politics, banning all active political parties. Since the coup was a reaction to the growth of the urban left in Turkey, it hit the Turkish left hard, destroying the foundation of what could have been a social democratic movement in the country. It also created divisions within the center-left and center-right political [End Page S-21] camps that would contribute to the decade of weak coalition governments in the 1990s—in turn creating the opening in which the AKP would emerge. The 1982 Constitution returned power to civilian rule, but decidedly placed the interests of the state ahead of those of the citizens. The coup and its aftermath were also of tremendous importance in an intellectual sense. The military junta viewed the left and the Kurdish nationalists, both supported by the Soviet Union, as the main threats to Turkey. In search of an antidote, the military regime supported the rise of what came to be termed the Turkish-Islamic synthesis. This was essentially an attempt to wed right-wing nationalism and Islam in order to build a dominant ideology that would withstand and roll back leftist ideas. The coup leader and subsequent president, General Kenan Evren, delivered public speeches with the Koran in one hand. The new constitution made education in the tenets of Sunni Islam compulsory in elementary schools (it was already compulsory at the high school level). The expansion of the imam hatip schools (government-financed and operated clerical training schools), which began in the 1970s, accelerated. The government oversaw a frenzy of mosquebuilding; with 85,000 state-operated mosques, nominally secular Turkey has more mosques than any other country. While the imam hatip schools were created to educate prayer leaders in mosques, enrollment rapidly came to vastly exceed the need for prayer leaders. For example, girls, who are barred by the rules of Islam from serving as prayer leaders, make up the majority of students in these schools, as religious conservative families prefer to send their daughters to them. As a result of the surplus of graduates from religious schools, a new Islamic intelligentsia was born, which gradually came to occupy positions of power within the bureaucracy, academic world, and media. As the left disappeared, Islamism—understood here as "a form...

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Review: Women, Islam, and the Abbasid Identity, by Nadia Maria El Cheikh
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Fiqh Councils &amp; Health Policy Actors: Gaps in the Applied Islamic Bioethics Discourse around Vaccines with Porcine Components
  • Jan 1, 2012
  • Aasim Padela

During a 1995 meeting of the Islamic Organization for Medical Sciences [IOMS] medical experts and Islamic jurists deliberated on “Judically (sic) Prohibited and Impure Substances in Foodstuffs and Drugs.” The seminar resulted in the religious declaration that “gelatin formed as a result of transformation…of a judicially impure animal (e.g. pig)…is permissible to (consume).” This verdict was disseminated to health policy stakeholders by the Regional Office of the World Health Organization for the Eastern Mediterranean, so as to “relieve all Muslims…from the embarrassment they feel” when taking medicines with gelatin-based products. More than a decade later in 2009, the Indonesian Ulema Council (MUI) issued a religious verdict, fatwa, declaring the GlaxoSmithKline meningitis vaccine to be impermissible, haram, as a result of the vaccine having porcine gelatin components. This judgment caused an uproar within the pharmaceutical industry and the Indonesian health ministry, as not only was a multi-million dollar market at stake, but the ability of Indonesians to fulfill the religious rite of the Hajj, for which the vaccine is required, was at-risk. The following year the MUI issued another fatwa declaring meningitis vaccines produced by Novartis and Tian Yuana to be porcine-free and thus halal.In this paper we apply a policy-oriented, applied Islamic bioethics lens to the Islamic bioethical deliberations around the use of vaccines with porcine components. We will illustrate areas of an incomplete dialogue between the biomedical community, the Islamic jurist community, and the health policy community that contribute to misunderstandings and misappropriation of Islamic juridical concepts and rulings. As we analyze these arguments, we will discuss how the biomedical community can help inform about the usage and definition of the concepts of istihala (transformation) and darurah (necessity), as used by jurists in their verdicts. We will then highlight how understanding the roles of the hakim (state authority), the differences between tayyib (pure and good) and halal (permissible), and between the normative ideal and contingent ruling within Islamic ethico-legal debate, can inform the biomedical and health policy communities about the application of Islamic bioethical verdicts. In this manner, we hope to contribute to efforts aimed at an engagement between science and religion where health promotion is valued, while fidelity to Islamic ethico-legal tradition is maintained. A continued dialogue in the encounter between the Islamic tradition, globalized medicine, and public health will enable Islamic legists to develop an enhanced technoscientific image, and will facilitate health actors to gain greater literacy with the pluralistic Islamic ethico-legal tradition, such that Islamic verdicts and health policies better meet the needs of Muslim communities.

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In the political system of Shia, popular participation in establishment and continuity of government is based on the concept of Bey'at, which- in its most prominent model- is concluded in the form of a social contract with political agents. In modern law, election is the most significant element in the realization of the representation system and national sovereignty is exercised through representation system and right to vote by electing ones. There is a disagreement regarding the likeness of Bey'at withvote and election the settlement of which is dependent upon the examination of the nature of Bey'at. From the viewpoint of Shia jurisprudence, Bey'at can be considered as a binding and independent contract which only implies emphasis and does not set up a duty for Muslims. In fact, the right of people to self-determination is exercised in the framework of referring to the Welayatand Ummat (Islamic community) is not allowed to accept the Welayat of another person other than Imam(the competent Islamic ruler). People are obliged to discover the Imam in accordance with the existing indicators and do Bey'at with him. It is unlike election in which people can rule anyone upon their destiny through the right to self-determination, and the vote of the people independently, intrinsically and perfectly is regarded to be legitimatizing, and the will of the people exclusively establishes the required criteria in the representative.

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The Modern Period
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  • Arnoud Vrolijk + 1 more

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USUL AL-FIQH: ITS EPISTEMOLOGY, PURPOSE, AND USE
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The study of Usul Fiqh only feels essential when it deals with different problems whose orders it executes not involve in the offer of the old Fiqh. Besides that, with the rising number of participants of comparative school legislation alike to discover out which idea is more powerful, since closely as the effort to transform Islamic rule, it will increase appeared in how urgent the role of Ushul Fiqh is. The paper tries to present this discussion to suggest the relevance of this idea of Fiqh in dealing with legal issues dealt with by Muslims who sometimes put on nonessential issues. The author organized research with a comparative descriptive analysis. This study organized a view of the works of Usul Fiqh along with the rules contained there in along with the development of Usul Fiqh and its benefits from time to time. The authors identify that Ushul Fiqh plays a highly considerable position in the improvement of Islamic law. Not merely that, Usul Fiqh, the essential function of Usul Fiqh, is to improve someone to find out the rules they take based on syar'i arguments, so that they do not rely very often on considering other people whose bases they do not have. There are not a few obstacles in the Islamic world community with the presence of discoveries by scientists who require answers and confidence of Islamic law.

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Toward Women-Friendly Mosques
  • Jul 1, 2005
  • American Journal of Islam and Society
  • Louay Safi

The Islamic Social Services Association and Women in Islam have releaseda guide underlining a set of principles rooted in Islamic sources that outlinesthe rights of Muslim women to have full access to the mosque, and callingon Muslim leaders to privilege Islamic principles and values over culturalhabits and traditions. The guide is entitled “Women-Friendly Mosques andCommunity Centers: Working Together to Reclaim Our Heritage.”The guide is a serious attempt to deal with an issue that requires immediateattention by Muslim communities: the place of women in the mosqueand the community. I personally faced the issue for the first time twodecades ago when a Muslim Student Association board member objectedto the inclusion of women in an executive meeting. He based his positionon Islamic tradition, but his argument was found lacking by everyone elseon the board. The meeting went on without him, but with the two sisters.The point of view alluded to above has continued to be well-representedover the years within the Muslim community, particularly among immigrantswho grew up in societies were women did not take an active role insocial life and community development. The point of view that was hostileto the presence of women in the mosque gained more of a following inmany Islamic centers throughout North America as the community grewmore dependent on imams and scholars educated in universities that providea narrow Islamic education.Hammered by Islamic opinions apparently rooted in Islamic sources,many mosques started to erect barriers and drop curtains between the men’sand women’s areas. Eventually, many mosques designated a separate andsecluded area for Muslim women. The strict seclusion often mimickedarrangements adopted by mosques in Muslim countries and was toleratedby women who grew up in a condition of seclusion.American-born Muslim women, including women who grew up inimmigrant families, find it increasingly difficult to accept the regime ofseclusion in the mosque that cuts them off from education and decisionmaking. Some have chosen to stay away and find alternative ways toacquire Islamic education and engage in social services. Others went backto understand Islamic sources and found out that there is no ground for theregime of seclusion.The “Women-Friendly Mosques” guide is the outcome of a quest byMuslim women who made the journey to examine the Islamic sources andto face head-on the arguments employed to perpetuate a regime that cutsMuslim women off from Islamic education and community service. Thejourney placed them in direct contact with the Islamic texts and put them intouch with Muslim scholars. The conclusion they came back with is bothrefreshing and relieving for every Muslim woman who was troubled withthe sense of alienation that she had developed by visiting the center ofIslamic life, whose Prophet, peace be with him, came to reaffirm the spiritualand moral equality of both men and women.

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The System of Power of Islam during the Period of Absolute Monarchy
  • May 15, 2025
  • Bulletin of Science and Practice
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When solving problems of power after the death of the Prophet Muhammad (peace and blessings of Allah be upon him), they necessarily turned to the council (shura). The term caliph means the deputy of the prophet or the successor of the work of the Prophet Muhammad. If it was necessary to make an important state decision, they always gathered a council (shura) throughout their reign to discuss and listen to opinions. The caliphs chose the more correct decision by consensus, and thus ruled. This approach and this model of governance were maintained during the times of all four righteous caliphs, that is, for thirty years after the death of the prophet Muhammad. The next caliph after Ali, Muawiya, handed over power to his son Yazid, after whom power began to be passed on by inheritance and acquired a dynastic form (Umayyad Caliphate, Abbasid Caliphate). That is, the prophetic model of governance in Islam began to transform and increasingly acquire the form of a monarchy. Although this model nominally retained the council (shura), the division of power, the primacy of the Sharia, as well as the name "caliphate" and the position of "caliph", with the transfer of power by inheritance, one of the pillars of Islamic rule collapsed. Mechanisms were laid down that led to the concentration of power in one hand and the creation of conditions for authoritarian rule. The Islamic state began to turn into an empire headed by a monarch, albeit limited by Sharia laws. The destruction of one of the important pillars of Islamic governance – the election of power – gradually led to a change in the principles of governance, the very essence of power, the concept of democracy, and the narrowing of political freedom. The first stone was laid on the path to the development of the Islamic community (ummah).

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What are children being taught in the mosque? Turkish mosque education in the Netherlands
  • Jun 28, 2019
  • Learning, Culture and Social Interaction
  • Semiha Sözeri + 1 more

What are children being taught in the mosque? Turkish mosque education in the Netherlands

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Die Verfassung des Experiments Moderne
  • Jan 1, 2005
  • Rechtsgeschichte - Legal History
  • Manfred Aschke

The question whether freedom of religion requires permitting the slaughter of animals in accordance with Islamic rites – a question which was the subject of a decision by the German Federal Constitutional Court in 2002 –is an example of the general problem how the law and the constitution of a modern, secular society can deal with the Sharia, a theonomous law which claims authority by divine revelation. The genetic links between western christianity and the development of the foundations of modern society in Europe do not provide evidence of the incompatibility of Islam and modernity. But they do emphasize that the tensions resulting from the immigration of 3 million muslims in Germany are a great challenge for the constitutional order. A modern constitution of the Western European and North-Atlantic type, such as the german constitution (Grundgesetz), does not allow the dissolution of the tensions between secular law and individual religious autonomy unilaterally in favour of the secular law. This kind of tension is by no means unknown in modern society. Functional differentiation and individualization are core characteristics of modern society. But in view of the challenge by Islam and other challenges, such as ecological problems, we can ask if the »experiment in modernity«, the project of the Enlightenment, is destined to fail because of the dissonance and the lack of understanding between the partial systems of the society. This question is the starting point to outline evolutionary processes of integration in modern society. In this context the constitution proves to be an important tool of integration. Controversies about the scope of validity claimed by the partial systems are matters of constitutional law. The modern constitution is a specific form in which modern society describes itself as a unity insuring »practical concordance« between colliding freedoms and claims of validity. In the conflict of modern ethical principles of animal protection and Islamic rules of slaughter, freedom of religion demands respecting the Islamic communities’ own path to knowledge and authority, notwithstanding the possibility that the arguments and the results may be unacceptable from the point of view of modern, scientifically based thinking. That is the crucial point in the decision of the Federal Constitutional Court. On the other hand, the constitution demands to be strictly respected in its core principles. Both freedom and respect for the core principles of a modern constitution form a basis for a social learning process which can contribute to a productive relationship between Islam and modernity.

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Sistem Sebagai Filsafat (Tawaran Baru Jasser Auda Bagi Pengembangan Hukum Islam Kontemporer)
  • Dec 31, 2017
  • Jurnal Studi Agama dan Masyarakat
  • Akhmad Supriadi

&lt;pre&gt;A bomb explosion in the City of London, England, not only shook Jasser Auda’s soul, but also increased the academic anxiety that encouraged him to start writing an important work in his academic career entitled &lt;em&gt;Maqasid al-Shariah&lt;/em&gt; as Philosophy of Islamic Law. The peak of his anxiety is a fidgetiness accumulation that he experienced during the struggle with the academic world, especially Islamic law. The condition of Muslims at that time is increasingly culminating in the case of terrorism in London that took the name of Islamic law&lt;/pre&gt;&lt;sup&gt;1&lt;/sup&gt;&lt;pre&gt; coupled with the low level of muslims human development index (HDI) indicated the inferioity as well as the low quality of Muslims both in terms of science, education, politics, economy, women's empowerment, and other capabilities that were still under of minimum standards&lt;/pre&gt;&lt;sup&gt;2&lt;/sup&gt;&lt;pre&gt;. Jasser Auda also felt an intellectual anxiety when finding the reality of Islamic law (&lt;em&gt;fiqh&lt;/em&gt;) seemed to be lacking in solutions to the Islamic community in general. The anxieties here are not related to the material in Islamic law but to the understanding, thought, determination and implementation of Islamic law in the daily lives of Muslims in various countries.&lt;/pre&gt;

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