Muslim Jurisprudence Research Articles

Indonesian Movements for the Creation of a 'National Madhhab'

AbstractDuring the middle decades of the twentieth century, Indonesian Muslim scholars participated in a movement for the creation of a new "national madhhab." These unprecedented developments took place within contexts of modernity in which the epistemological structures of traditional Islamic jurisprudence, as known and practiced in Indonesia, were faced with challenges by both "Western" and Islamic reformist thought. This essay presents an overview of these developments that highlights their significance for comparative studies of modern Muslim jurisprudence, with particular reference to the works of Hasbi Ash Shiddieqy and Hazairin.

Slavery and Muslim Jurisprudence in Morocco

Slavery and Muslim Jurisprudence in Morocco

Abortion, Islam, and the 1994 Cairo Population Conference

The International Conference on Population and Development held in Cairo in September 1994 focused world attention on the interplay of religion, family-planning methods, and women's status. The most hotly debated topic of the conference was abortion. Before the conference convened, newspapers in the West and in the Middle East reported “a growing religious furor” that spurred an alliance between Muslim nations and the Vatican based on a common belief in the prohibition of abortion and concern for Western sexual mores. At the conference, Muslim delegations abandoned their slogans and moved away from the Vatican position by denouncing abortion as a method of family planning but leaving open its use under specific circumstances. Although a majority of Muslims worldwide agree with the stance taken at the population conference, and most would state that Islam forbids abortion, the Muslim theological position on abortion does not approximate the Roman Catholic condemnation of the practice. A full prohibition of abortion represents neither the sophisticated Muslim jurisprudence literature on abortion nor current practices of some Muslim women. Discussion with Muslim women and Muslim religious scholars (ʿulamāʾ) about the intricacies of the issues that abortion raises tells us that the question is not simple, consensus is far from being reached, and political concerns further complicate understanding of the paradoxical issues involved.

Studies in Early Muslim Jurisprudence. Norman Calder

Previous articleNext article No AccessBook ReviewsStudies in Early Muslim Jurisprudence. Norman Calder Irene SchneiderIrene Schneider Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by The Journal of Religion Volume 75, Number 4Oct., 1995 Article DOIhttps://doi.org/10.1086/489724 Views: 1Total views on this site Copyright 1995 The University of ChicagoPDF download Crossref reports no articles citing this article.

Studies in Early Muslim Jurisprudence. By Norman Calder. Oxford: Clarendon Press, 1993. 257 pp. $55.00

Journal Article Studies in Early Muslim Jurisprudence. By Norman Calder. Oxford: Clarendon Press, 1993. 257 pp. $55.00 Get access Herbert Berg Herbert Berg University of Toronto Search for other works by this author on: Oxford Academic Google Scholar Journal of Church and State, Volume 37, Issue 1, Winter 1995, Pages 180–181, https://doi.org/10.1093/jcs/37.1.180 Published: 01 January 1995

Norman Calder, Studies in Early Muslim Jurisprudence, Oxford: Clarendon Press, 1993. Pp. x, 257. $55.00 (ISBN 0-19-825813-5).

Norman Calder, Studies in Early Muslim Jurisprudence, Oxford: Clarendon Press, 1993. Pp. x, 257. $55.00 (ISBN 0-19-825813-5).

From Prophetic Actions to Constitutional Theory: A Novel Chapter in Medieval Muslim Jurisprudence

In his seminal and pioneering work, al-Risāla, al-Shafiʿi, the founder of juridical uṣul al-fiqh, laid down the following maxim:God has obliged us to follow everything the Prophet instituted (sanna). And He has rendered adherence to this obedience to Him and turning away from it disobedience [to Him] for which He excuses no one.

The Rulings for the Donation of Human Organs in the Light of Sharī'a Rules and Medical Facts

The donation of human body organs, in its contemporary state, is a new issue, which the ancient Islamic Jurisprudence Scholars could not have dealt with or determined its Shartsa rulings. The reason is that this issue is the consequence of recent scientific advancements in the discipline of organ transplantation. Contemporary physicians have taken giant strides in the area of transplanting the organs of the dead to the living. Such organs are transplanted to the bodies of people who lost their original organs through accident, disease or other cause, and the transplanted organs perform the funciions that the impaired original organs used to perform. This practice covers all the organs of the body, whether those which are essential for the continuation of life, or those which perform bodily functions. It is certainly true that Muslim Jurisprudence Scholars have dealt with several types of hypotheiical acts uis-a-vis the human body and its organs in any age) and have tried through a deducitve process to detee Sharla rulings on such acts by applying the general rules of ShanHa. Yet, their work on this issue differs in many essential respects from the issue under consideration in this paper. It differs in terms of the type of these acts) the methods in which such acts are implemented, and in its shortand long-term effects. Therefore, any serious research of this issue cannot take the rulings of the ancient Muslim Jurisprudence Scholars in this area as the basis for analogy (al-qiyyass) for deterInining Shuri'a rulings, as there are very few sirnilarities between the two issues. These few similarities, however, do not permit us to ignore the results of scientific advancement and contemporaw medical innovations. If our ancestors) the Islamtc Jurisprudence Scholars, were to review this issue once again, they would have to come up with new Ijtihad or new rulings, to take accoutlt of these new factors. They would have to keep allthese new factors under consideration in applying the rules of ShanHa to innovations in their age. These scholars, Allah have mercy upon them, viewed innovations with insightful eyes and delved deep into the issues under consideration to enable them to take into account all the new factors and weigh them from the Shanaa perspective. These scholars did not find it sufficient to take into account the superficial aspects of these issues.

Book Review: Development of Muslim Theology, Jurisprudence and Constitutional Theory

Book Review: Development of Muslim Theology, Jurisprudence and Constitutional Theory

First Steps in Muslim Jurisprudence

First Steps in Muslim Jurisprudence