Islamic Law and Muslim Same-Sex Unions


Book Description

This book is written with the objective of reasonably addressing the need of Muslim gays and lesbians for a life which involves intimacy, affection and companionship within the confines of a legal contract. Contemporary conservative Muslim leaders unreasonably promote false marriages with straight spouses, failing which they prescribe the “solution” of permanent celibacy as a “test.” This book delves into an extensive scholarship on the same sources that conservative Muslim leaders draw on—the Qur’an, Hadith and jurisprudence. It is argued that the primary sources of Muslim knowledge addressed sexual acts between the same gender in the context of inhospitality, exploitation, coercion and disease, but not true same-sex unions; past Muslim scholarship is silent on the issue of sexual orientation and Muslim same-sex unions. The arguments of contemporary conservative Muslim leaders are deconstructed and the case for Muslim same-sex unions is made based on jurisprudential principles and thorough arguments from within the Muslim tradition.




Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel


Book Description

The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.




Homosexuality in Islam


Book Description

Homosexuality is anathema to Islam – or so the majority of both believers and non-believers suppose. Throughout the Muslim world, it is met with hostility, where state punishments range from hefty fines to the death penalty. Likewise, numerous scholars and commentators maintain that the Qur’an and Hadith rule unambiguously against same-sex relations. This pioneering study argues that there is far more nuance to the matter than most believe. In its narrative of Lot, the Qur’an could be interpreted as condemning lust rather homosexuality. While some Hadith are fiercely critical of homosexuality, some are far more equivocal. This is the first book length treatment to offer a detailed analysis of how Islamic scripture, jurisprudence, and Hadith, can not only accommodate a sexually sensitive Islam, but actively endorse it.




Islamic Law and Governance in Contemporary Iran


Book Description

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.




Misquoting Muhammad


Book Description

AN INDEPENDENT BEST BOOKS ON RELIGION 2014 PICK Few things provoke controversy in the modern world like the religion brought by Prophet Muhammad. Modern media are replete with alarm over jihad, underage marriage and the threat of amputation or stoning under Shariah law. Sometimes rumor, sometimes based on fact and often misunderstood, the tenets of Islamic law and dogma were not set in the religion’s founding moments. They were developed, like in other world religions, over centuries by the clerical class of Muslim scholars. Misquoting Muhammad takes the reader back in time through Islamic civilization and traces how and why such controversies developed, offering an inside view into how key and controversial aspects of Islam took shape. From the protests of the Arab Spring to Istanbul at the fall of the Ottoman Empire, and from the ochre red walls of Delhi’s great mosques to the trade routes of the Indian Ocean world, Misquoting Muhammad lays out how Muslim intellectuals have sought to balance reason and revelation, weigh science and religion, and negotiate the eternal truths of scripture amid shifting values.




Negotiating Homosexuality in Islam


Book Description

To enrich the existing debates on Islam and sexual diversity, in the present book, I seek the potential discursive spaces on homosexuality in modern Imāmī legal debates. I have undertaken this research on the thesis that modern Imāmī legal tradition on homosexuality is more flexible and dynamic than one might expect. To address this essential issue, I build the study around the following constructive question: what are the discursive spaces on homosexuality in contemporary reflections within modern Shiʿi legal scholarship? Responding to this central query, the study is premised on the notion that Imāmī legal sources consist of a tradition of sacred (textual) sources, intellectual reasoning, a vast stockpile of (often contrasting) interpretations of these sources, and a distinguished methodological repertoire called ijtihad. Following the same methodology, in this work, I describe, analyse, and critique such textual-exegetical and intellectual-rational discursive aspects concerning homosexuality.




We Have Always Been Here


Book Description

CANADA READS 2020 WINNER NATIONAL BESTSELLER 2020 LAMBDA LITERARY AWARD WINNER How do you find yourself when the world tells you that you don't exist? Samra Habib has spent most of her life searching for the safety to be herself. As an Ahmadi Muslim growing up in Pakistan, she faced regular threats from Islamic extremists who believed the small, dynamic sect to be blasphemous. From her parents, she internalized the lesson that revealing her identity could put her in grave danger. When her family came to Canada as refugees, Samra encountered a whole new host of challenges: bullies, racism, the threat of poverty, and an arranged marriage. Backed into a corner, her need for a safe space--in which to grow and nurture her creative, feminist spirit--became dire. The men in her life wanted to police her, the women in her life had only shown her the example of pious obedience, and her body was a problem to be solved. So begins an exploration of faith, art, love, and queer sexuality, a journey that takes her to the far reaches of the globe to uncover a truth that was within her all along. A triumphant memoir of forgiveness and family, both chosen and not, We Have Always Been Here is a rallying cry for anyone who has ever felt out of place and a testament to the power of fearlessly inhabiting one's truest self.




Reading the Qur'an


Book Description

"First published in the United Kingdom by C. Hurst & Co. (Publishers) Ltd., 2010"--T.p. verso.




Being Muslim


Book Description

"Four american moslem ladies": early U.S. Muslim women in the Ahmadiyya Movement in Islam, 1920-1923 -- Insurgent domesticity: race and gender in representations of NOI Muslim women during the Cold War era -- Garments for one another: Islam and marriage in the lives of Betty Shabazz and Dakota Staton -- Chadors, feminists, terror: constructing a U.S. American discourse of the veil -- A third language: Muslim feminism in Smerica -- Conclusion: Soul Flower Farm




Islamic Law and the Challenges of Modernity


Book Description

Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!