Anic Principles Research Articles

Contesting the Normative

Contesting the Normative Fulera Issaka‐Toure Introduction For Muslim men and women—for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in Allah's praise—for them has Allah prepared forgiveness and great reward. (Qur'an 33:35). O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that you may know each other (not that you may despise each other). Surely the most honoured of you in the sight of Allah is (he who is) the most righteous of you, And Allah has full knowledge and is well acquainted (with all things). (Qur'an 49:13). The former verse is pivotal to gender and human relations as well as rights in the physical and mundane world in Islamic understanding. Hermeneutically, it should be the eyes through which other verses are interpreted in relation to gender in particular. Prominent Muslim interpreters from both classical and modern periods concur on the occasion of the revelation of this verse. It came when Umm Salama, one of the wives of the Prophet who was among the earliest converts to Islam and among the earlier Hufaz (memorisers) of the Qur'an, challenged the Prophet by asking: Why does Allah always speak to men? The response was the revelation of this particular verse. The verse concurrently describes ten qualities including chastity which ironically is attributed only to women in most patriarchal Muslim communities. However, in this particular verse, chastity is ascribed to both men and women. The question Umm Salama posed does not suggest that forgetfulness can be attributed to God. Speaking from a feminist's point of view, Wadud (, ) has suggested that the approach of revelation speaks to a particular context. Likewise, the Arab context of seventh‐century Arabia is notoriously patriarchal, and hence, it was a divine tactic. Further, the question posed by the Prophet's wife is a mercy from God to address the issue of social injustices (Barlas ). In the latter verse, the equality and particularities of both men and women are cogently acknowledged with the most acceptable in the sight of God being the pious one. These two profound and compelling verses ought to serve as the basis of the struggles against social injustices. Such Qur'anic verses are in line with feminists' critique of hierarchical gender relations within Muslim contexts. For concerned Islamic feminists, the engagement with the Islamic textual sources is a vigorous and dynamic engagement with God. Revelation speaks to humans. Despite this, humans are actively engaged with divine words in order to reach a responsive and practical understanding. From this perspective, the words of the Qur'an are inevitably linked to dynamic experiences of humans. As such, religion and tradition are constantly changing (Rahman , Wadud ). Since there are evidences to suggest violations of women and girls' rights in the Ghanaian Muslim contexts (Ammah , Issaka‐Toure , ), the attention of the paper has a particular concern with the way Muslim women in heterosexual relationships and girls have had their basic rights curtailed. The study also highlights the challenges of Muslim women in the Ghanaian Muslim community with regard to marital experiences. Through their voices, the study brings to light some of the contemporary debates in the field of study. Theoretical foundation This work engages a category of literature or theoretical approach that is broadly called Islamic feminism. This approach articulates the diversity of women's realities without universalizing the concept of feminism. The paper is further informed by the commitment of feminism in using women's experiences as a process of knowledge production. These writers argue that Islam is inherently egalitarian, and therefore, they advocate women's rights, social justice, and gender equality (Barlas , Wadud , ). Many Islamic feminists argue that in the course of time, Qur'anic principles were ignored through male‐dominated interpretation. Islamic feminists contest readings that are oppressive to women by...

The Dialogue of Ḥikma: Generating Harmony in Muslim–Non-Muslim Relations

This article seeks to explain the concept of the dialogue of ḥikma as a qur'anic principle in developing harmony in Muslim–non-Muslim relations. Living together harmoniously is essential in a community made up of a myriad of cultures and religions. Efforts to create harmony can be realized through the dialogue of ḥikma and by inculcating it as the culture in daily life interaction. This is truly essential in the context of mixed-faith families. In order to explore how the dialogue of ḥikma can be applied in Muslim–non-Muslim relations, this article examines the experience of Muslim converts living together with their non-Muslim families of origin. The research was conducted through in-depth interviews with selected Muslim converts from a variety of cultural backgrounds, living in the area of Kota Kinabalu, Sabah. The results indicate that Muslim converts share similar experiences in applying the dialogue of ḥikma as a mechanism for solving family problem arising as a result of conversion to Islam.

Textuality as a Linguistic Mechanism for Codifiying Legal Maxims in Islamic Criminal Law

Studying the works of medieval Qur’anic exegetes reveals that they explored approaches to interpreting the Qur’an based on the contextualization of Qur’anic principles and concepts. As this article will show, several of these approaches include the notions textuality, intertextuality, and hypertextuality. This article examines one such approach by focusing on the use of textuality as a linguistic mechanism to complement the juristic methodology of codifying legal maxims (qawOE‘id fiqh¥yah) from Qur’anic exegesis. It explores a number of relevant Qur’anic exegeses and synthesizes how Muslim exegetes view the use of textuality with regard to the development of Islamic legal maxims. This article also notes that legal maxims codified by this approach are potentially subject to exception when applied to Islamic criminal law, although, as this article ultimately explains, the basic rule may be static. I also examine the claim that legal maxims codified directly from the sacred texts are unquestionable. This article concludes that the remit of legal maxims codified from textual revelations be done so directly or indirectly; however, this does not preclude their actual application from scrutiny.

Textuality as a Linguistic Mechanism for Codifiying Legal Maxims in Islamic Criminal Law

Studying the works of medieval Qur’anic exegetes reveals that they explored approaches to interpreting the Qur’an based on the contextualization of Qur’anic principles and concepts. As this article will show, several of these approaches include the notions textuality, intertextuality, and hypertextuality. This article examines one such approach by focusing on the use of textuality as a linguistic mechanism to complement the juristic methodology of codifying legal maxims (qawOE‘id fiqh¥yah) from Qur’anic exegesis. It explores a number of relevant Qur’anic exegeses and synthesizes how Muslim exegetes view the use of textuality with regard to the development of Islamic legal maxims. This article also notes that legal maxims codified by this approach are potentially subject to exception when applied to Islamic criminal law, although, as this article ultimately explains, the basic rule may be static. I also examine the claim that legal maxims codified directly from the sacred texts are unquestionable. This article concludes that the remit of legal maxims codified from textual revelations be done so directly or indirectly; however, this does not preclude their actual application from scrutiny.

Jihad as an Essential Principle of Human Life An Understanding from the Qur’anic Perspective

Many a Qur’anic concept has been misunderstood and misinterpreted by both protagonists and antagonists. JihÉdis one such Qur’anic term. Today its meaning, purpose, and application appear confusing. The most popular import of this term is war against the enemies of Islam. Does this meaning of jihÉd commensurate with its Qur’anic usage? Or have Muslim scholars and commentators of the Qur’Én imposed their own idea of jihÉd in the minds of the people? To resolve this entangled and misunderstood Qur’anic usage of jihÉd in an objective manner is a big challenge to the Muslim scholars of the post-modern era. The word jihÉdhas occurred in the Qur’Én forty one times, eleven times in Makkan revelations and the remaining thirty times in Madinan revelations. It has been used in both noun and verb forms. In order to understand, and interpret the concept ofjihÉd in the Qur’Én, one has to read it within the contexts it has occurred. To read a statement in isolation of its context is in sheer contrast with universally established rule of justice. If the word jihÉd in the Qur’Én is read and deliberated over within the given context, it may appear thatjihÉd is not an act of Islamic life like solÉh, zakÉh, Íajj,nikÉÍ etc but rather it is an underlying principle of life to be applied in every walk of life. It is like the other Qur’anic principles of life such as iÍsÉn, taqwÉ, ‘adl etc. The wordjihÉd denotes doing the best everywhere, whether in devotional matter, social life, economic undertaking, political struggle, cultural activity, educational endeavor, or military expedition. It is suggested here that all the forty one verses where the word jihÉd has occurred in the Qur’Én should be interpreted by applying coherent methodology. The writer of this paper hereby proposes to do his part ofjihÉd with intellectual honesty to interpret the word jihÉd as used in the Qur’Én. For that purpose, he will, wherever it is possible, refer to scholars’ views and evaluate them critically so as to unfold the truth concerning jihÉd in the Qur’Én.

Ishmael and Isaac: An Essay on the Divergent Moral Economies of the Qur'an and the Torah

This essay briefly visits the episode of Abraham’s near-sacrifice of his son – in the Qur’ān and the Torah – and from this comparison deduces two Qur'anic principles of seminal significance: the autonomy of the individual and the intrinsic worth of all human communities.

أخلاقيات التواصل الإنساني والإنمائي في تجلِّيات الحضارة الإسلامية الغالبة

ليس في إمكان أي حضارة غالبة أن تحافظ على وتيرتها، إنْ لم تحافظ في الوقت نفسه على الإرث الإنساني والإنمائي للحضارات المغلوبة. فكلما كانت الحضارة الغالبة قائمة على مبدأ احترام مكتسبات الآخر، كانت الحضارة المغلوبة أكثر انقياداً لآلياتها المعرفية والفلسفية والفكرية؛ وحتى الدينية منها، لا سيما إذا ما وفَّرت الحضارة القائدة ما تنشده الحضارات التابعة من رقيٍّ اقتصادي وسياسي ومعرفي وفكري، وديني أيضاً. وفي ظلِّ هذا الوضع الإنساني الذي يقابل الاحترام بالاحترام "كان من الطبيعي أن رعايا الدولة البيزنطية في مصر وغيرها، هم الذين رحَّبوا بالعرب فاتحين، ومن أجل هذا استقبلوا بالرضا والحماسة هؤلاء الفاتحين الذين وعدوهم بالتسامح الديني، كما أظهروا رغبتهم في تسوية مركزهم الديني."[1]
 إن تطوُّر الحضارة المنفتحة على مكتسبات الآخر المغلوب، يواكبها تطوُّر فكري، نتيجةَ تفاعل الحضارة الغالبة مع الحضارة المغلوبة. وبنظرةٍ متفحِّصةٍ للماضي، نلفي نموَّ الحركات الفكرية والعلمية متزامناً مع الفتوحات الإسلامية، التي ساعدت العرب وغير ...
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The Place for Others in Islam

The following article deals with the place of the other in Islamic sources and law. It first elaborates general Qur‘anic principles and precedents from the early history of Islam that might serve as a theoretical basis for co-existence in Islam.
 Those include co-existence as God‘s will, supremacy of justice over religious formalism, separation of legitimacy of the other, and belief in the correctness of his/her views, and less-known examples of cooperation and mutual support between the Prophet Muhammad and pagans of Mecca. The second part surveys norms of Islamic law that provide for protection of non-Muslims‘ life, property, religious freedom, legal autonomy, and social justice and security. The overall aim of the study is to show that even classical Islamic law provides solid foundation for normal functioning of multi-religious societies.

Amin Ahsan Islahi

Amin Ahsan Islahi (1903-97), an illustrious Islamic scholar from India, is the author of the Urdu-language Tadabbur-e-Qur’an, the first tafs¥r of its kind. In it, he has applied a unique method of interpreting the revealed words that, he rightly claims, he actually borrowed from his great teacher `Abd al-Hamid al-Farahi (1861-1930). According to him, this methodology leads to the unity of meaning and hence to the unity of thought. Its salient feature is what he refers to as “coherence in the Qur’an” (na`m al-Qur’OEn). Identifying the coherence between the Qur’an’s verses enables the commentator to establish cohesion among apparently conflicting passages within a s´rah. Coherence is not merely an academic witticism (la‹¥fah `ilm¥yah); rather, it is an intellectual endeavor (al-sa`y¥ al-`ilm¥) based on the Qur’anic principle of deliberation (al-tadabbur) to apply certain rules to the text in order to unfold the truth enshrined in the divine statements. Islahi’s work is a methodological and practical example of na`m al-Qur’OEn. This paper seeks to introduce his methodology in detail as applied in his work with a view to formulating its system of practical application in tafs¥r.

Amin Ahsan Islahi

Amin Ahsan Islahi (1903-97), an illustrious Islamic scholar from India, is the author of the Urdu-language Tadabbur-e-Qur’an, the first tafs¥r of its kind. In it, he has applied a unique method of interpreting the revealed words that, he rightly claims, he actually borrowed from his great teacher `Abd al-Hamid al-Farahi (1861-1930). According to him, this methodology leads to the unity of meaning and hence to the unity of thought. Its salient feature is what he refers to as “coherence in the Qur’an” (na`m al-Qur’OEn). Identifying the coherence between the Qur’an’s verses enables the commentator to establish cohesion among apparently conflicting passages within a s´rah. Coherence is not merely an academic witticism (la‹¥fah `ilm¥yah); rather, it is an intellectual endeavor (al-sa`y¥ al-`ilm¥) based on the Qur’anic principle of deliberation (al-tadabbur) to apply certain rules to the text in order to unfold the truth enshrined in the divine statements. Islahi’s work is a methodological and practical example of na`m al-Qur’OEn. This paper seeks to introduce his methodology in detail as applied in his work with a view to formulating its system of practical application in tafs¥r.

Humanitarian Intervention in International and Islamic Law

In this paper, I look into the moral foundation of humanitarian intervention in international law and its Islamic counterpart. My objective is to identify the traits shared by both sets of laws, and to see if the same or similar justification can be used across cultures to reach the same goal. In other words, one goal is to assess the claims that the basis upon which humanitarian intervention is justified has a universal appeal. Both international and Islamic law justify humanitarian intervention on moral grounds. International law bases its justification upon the human rights discourse. Islamic law provides enough bases for legitimizing humanitarian intervention, and Qur’anic verses, scholarly opinions, and Islamic principles provide a sound background for it. Paramount in this task is the concept of human dignity (karamah al-insan). We found no disagreement on this fundamental issue between the Universal Declaration of Human Rights (UDHR) and Islamic law. Human dignity, as understood in international human rights and its Islamic counterpart, thus could form the jus cogens of international law, a common human heritage upon which everybody can agree.

Humanitarian Intervention in International and Islamic Law

In this paper, I look into the moral foundation of humanitarian intervention in international law and its Islamic counterpart. My objective is to identify the traits shared by both sets of laws, and to see if the same or similar justification can be used across cultures to reach the same goal. In other words, one goal is to assess the claims that the basis upon which humanitarian intervention is justified has a universal appeal. Both international and Islamic law justify humanitarian intervention on moral grounds. International law bases its justification upon the human rights discourse. Islamic law provides enough bases for legitimizing humanitarian intervention, and Qur’anic verses, scholarly opinions, and Islamic principles provide a sound background for it. Paramount in this task is the concept of human dignity (karamah al-insan). We found no disagreement on this fundamental issue between the Universal Declaration of Human Rights (UDHR) and Islamic law. Human dignity, as understood in international human rights and its Islamic counterpart, thus could form the jus cogens of international law, a common human heritage upon which everybody can agree.

Consumer Protection in Islam: The Case of Pakistan

Consumers whether in an Islamic State or otherwise face similar problems that need to be taken care of by the government and the individuals themselves. Islam as a religion gives a comprehensive framework for conducting business and protecting the consumers' rights. Apparently, this framework seems similar to the commercial laws but glaring differences between the two exist: commercial laws are a relatively new phenomena and are made by humans for the sake of convenience only. Islamic law on the other hand, provided such guidelines 1500 years ago which are based on divine principles set by Allah. Moreover, there is no reward in complying with the commercial laws but Allah promised the believers rewards both in this world and the Hereafter for complying with Islamic principles. Pakistan is an Islamic State but the area of consumer protection has remained neglected so far. This paper explores how an environment can be created in Pakistan whereby the interests of consumers are best protected under the teachings of Islam. The Qur'anic principles are delineated with reference to: guidelines for Muslim businessmen and consumers; the role of state and institutions.

Contemporary Islam and Nationalism a Case Study of Egypt

One of the most striking features of Islamic socio-political thought in contemporary Egypt (and in fact, in the whole of the Islamic world except, perhaps, Turkey) is that it has not undergone any basic changes. No radical reformulation of Islamic attitudes has so far taken place. Indeed, the efforts to bring about such a reformulation have been only a few, and these efforts too were not vigorous enough to influence the general tenor of Islamic socio-political thought. The outlook of Islam on life, its sources of guidance and inspiration, its vision of social and political life-all these remain very much the same. Islam still clings to its traditional interpretations. It is for this reason that the predominant Islamic attitudes in Egypt are typically represented by the Azhar and the Ikhwdn, rather than by people like Khilid Muhammad Khalid and Taha Husayn. In matters of detail undoubtedly Islamic socio-political thought does exhibit a number of modifications. For instance, democratic concepts and values are persistently stressed as an integral part of the scheme of political life envisaged by Islam. This is done on the plea that democratic ideas and institutions embody the Qur'anic principle of Shiira 1. In the same way, some change in the attitude towards non-Muslims is also noticeable. Leaders of contemporary Islamic thought, for instance, repeatedly stress that non-Muslims share equal rights and responsibilities with their Muslim compatriots 2. Certain aspects of inequality and discrimination with