Philosophy and Jurisprudence in the Islamic World


Book Description

This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.










Islamic Law, Epistemology and Modernity


Book Description

This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.




Islamic Philosophy and Theology


Book Description

Events are making clear to ever-widening circles of readers the need for something more than a superficial knowledge of non-European cultures. In particular, the blossoming into independence of numerous African states, many of which are largely Muslim or have a Muslim head of state, has made clear the growing political importance of the Islamic world, and, as a result, the desirability of extending and deepening the understanding and appreciation of this great segment of mankind. Islamic philosophy and theology are looked at together in a chronological framework in this volume. From a modern standpoint, this juxtaposition of the two disciplines is important for the understanding of both; but it should be realized at the outset that it is a reversal of the traditional Islamic procedure. Not merely were the disciplines different, but in the earlier centuries the exponents were two different sets of persons, trained in two different educational traditions, each with its own separate institutions. There was little personal contact between philosophers and theologians, and the influence of the two disciplines on one another was largely by way of polemics. Eventually while philosophy died out as a separate discipline in the Islamic world, many parts of it were incorporated in theology. This work is designed to give the educated reader something more than can be found in the usual popular books. The work undertakes to survey a special part of the field, and to show the present stage of scholarship. Where there is a clear picture this will be given; but where there are gaps, obscurities and differences of opinion, these will also be indicated. This work is brilliant in its design, style, and intimate understanding. It is a must read for specialists and policy makers alike. W. Montgomery Watt (1909-2006) was professor emeritus of Arabic and Islamic Studies at the University of Edinburgh. He is the author of numerous books, including Muslim-Christian Encounters: Perceptions and Misperceptions, Islam: A Short History, Muhammad's Mecca, and Islamic Surveys: The Influence of Islam on Medieval Europe.




On the Harmony of Religions and Philosophy


Book Description

This well-researched book attempts to bring back the stories of the complex theological debates between Muslim scholars during the Golden Age of Islam. Ibn Rushd was a Muslim philosopher, physician, and polymath who wrote about many topics, including philosophy, theology, medicine, astronomy, physics, psychology, mathematics, Islamic jurisprudence and law, and linguistics. His school of philosophy is known as Averroism, and he has been described as the founding father of secular thought in Western Europe.




Modernity and the General Philosophy of


Book Description

The general philosophy of Islamic law: This book primarily addresses three salient questions. What is the general philosophy of Islamic law: Maqāsid al-Shari'ah? Why do we need the doctrines of the general philosophy of Islamic law today? How do we apply the doctrines of the general philosophy of Islamic law in this modern world? The basic argument of this book is that dramatic social changes are taking place around us in this digital world. So, to relate Islamic teaching into this modern global world, we need not only a comprehensive reading of the divine text, but also, a comprehensive understanding of the contexts of this modern world. We could no longer adhere to the literal interpretation of divine texts in this modern world on certain aspects of Islamic teaching. Neither classical Islamic thought nor the literal legal schools provide ready-made answers for the problems of modern Islamic world. This does not mean we must abandon the divine text as some radical Muslim secularists claim. This does not mean we should ignore 1400 years of intellectual legacies in Islamic history. There is nothing wrong with the divine texts of the Qur'an and the prophetic traditions. Nevertheless, human understanding to the divine texts differ from century to century, place to place and person to person. For the last 14 centuries, different Muslim communities have been reading the corpus of Islamic law differently within their own social contexts. There is no uniformity in human understanding of divine texts. They are prone to different human interpretation for various reasons. The corpus of Islamic law we have today are the collections of the 1400 hundred years of the Islamic legal interpretation of different times and social contexts. Today, to choose some appropriate legal ideas from the 1400 hundred years of Islamic legacy we should have not only a thorough knowledge of Islamic sciences, but we should also contextual understanding of the divine texts. We should know how to relate the divine texts appropriately to the modern social conditions. The principles of the general philosophy of Islamic law are contrived to facilitate the application of the divine texts into different contexts without diluting the primary values of the divine texts. It is argued by many Muslim scholars that the Muslim communities are suffering from intellectual and ideological crises presently. This is reflected in the socio-political and religious thought of the contemporary Muslim communities Today; Islamic universities and colleges are producing thousands Muslim graduates in many Muslim countries. Most of these graduates are trained and educated in Islamic sciences alone without enough professional training and learning in modern sciences. As a result of this, many of them find it difficult to relate what they learn to the modern social issues. It is my firm contention in this book that the Muslim jurists must learn many modern sciences such as politics, geopolitics, economics, phycology, sociology, history, science, and many other areas of human sciences so that they could address the modern social issues that the Muslim community faces today. Otherwise, they would not be able to relate what they learn in Arabic college into modern social conditions. Therefore, I would argue that learning modern sciences is a prerequisite for the students of Islam to become jurists or scholar in Islam. It is also my conviction that many radical Muslim groups do not know how to relate many aspects of Islamic teachings into modern geopolitical and social conditions. They come into some erroneous conclusions in many religious issues. Because, they take the literal meanings of the divine texts and prophetic traditions without due consideration into the modern social conditions of this global world.




Introduction to Islamic Law


Book Description

“The world today has become one large village. Muslims and non-Muslims live side by side and have to learn about one another, share commonalities and respect differences. At this time more than one and a half billion Muslims live in this village. Some of them are pious Muslims, trying to live in accordance with Islamic rules, whereas others do not while believing that these rules come from God (the Qur’an), from interpretations of His Messenger (the Sunnah) or the consensus of Muslim jurists (ijmâ‘), and are at least rules derived via analogy (qiyâs) from the main sources of Islam. Most Muslims think along these lines and agree with the above. The reader should remember that Muslim individuals should live according to Islamic rules in private, but no individual is responsible for implementing Islamic law. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. We should keep in mind here that only sovereign Muslim states/governments have the legal authority to implement Islamic law. An individual Muslim has no legal authority or power to implement Islamic law. The law of Islam certainly does not say that every Muslim is obliged to implement Islamic law. It matters not how efficient and popular that individual may be as a brave warrior or a meticulous planner of unlawful and immoral schemes of hatred, terror and destruction. Only people who are properly qualified and trained, and hold a license from Muslim governmental authorities, have the authority to issue fatwâs. Not every Muslim individual qualifies as a Muftî (a jurist-consult or scholar of law who has been given a license to issue fatwâs.). For this reason Bediuzzaman says: “And we know that the fundamental aims of the Qur’an and its essential elements are fourfold: divine unity (al-tawhîd), prophethood (al-nubuwwah), the resurrection of the dead (al-hashr), and justice (al-ʿadalah). Al-Adâlah means law. He adds in another treatise: “Let our ulul-amr (satesmen and political authorities) think over implementing these rules”. This book is divided into eight chapters. Chapter I.Because of the many misunderstandings that arise, some terms related to Islamic Law, such as Sharî‛ah, fiqh, qânûn, ‘urf, Islamic Law, and Muhammadan Law are explained. Chapter II.Here, in this chapter dedicated to references on Islamic Law, the real added value of this book is found. Chapter III. This chapter looks at four periods of Islamic Law: the period of the Prophet Muhammad, the period of the Companions, the period of the Tabi‘în, and an introduction to the period of Mujtahidîn. Chapter IV. We will provide detailed information here on the different law schools and theological divisions. Chapter V. This chapter will be devoted to a period of Islamic law that has been neglected in both old and new books and articles, i.e. the period of Islamic Law after the Turks converted to Islam (960-1926). Chapter VI. This chapter will focus also on three main subjects: Anglo-Muhammadan law (Indo-Muslim law), Syariah or Islamic Law in Southeast Asia, and Islamic Law in contemporary Muslim states like Egypt, Pakistan, Morocco, Indonesia and Jordan. Chapter VII. We will explain the system and methodology of Islamic Law in this chapter. Chapter VIII. We will give some brief information here on the implementation of Islamic Law, its future; some encyclopedical works on Islamic law, and new institutions of Islamic fiqh.”




Positive Law from the Muslim World


Book Description

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.




Islamic Philosophy and Theology


Book Description

Events are making clear to ever-widening circles of readers the need for something more than a superficial knowledge of non-European cultures. In particular, the blossoming into independence of numerous African states, many of which are largely Muslim or have a Muslim head of state, has made clear the growing political importance of the Islamic world, and, as a result, the desirability of extending and deepening the understanding and appreciation of this great segment of mankind. Islamic philosophy and theology are looked at together in a chronological framework in this volume. From a modern standpoint, this juxtaposition of the two disciplines is important for the understanding of both; but it should be realized at the outset that it is a reversal of the traditional Islamic procedure. Not merely were the disciplines different, but in the earlier centuries the exponents were two different sets of persons, trained in two different educational traditions, each with its own separate institutions. There was little personal contact between philosophers and theologians, and the influence of the two disciplines on one another was largely by way of polemics. Eventually while philosophy died out as a separate discipline in the Islamic world, many parts of it were incorporated in theology. This work is designed to give the educated reader something more than can be found in the usual popular books. The work undertakes to survey a special part of the field, and to show the present stage of scholarship. Where there is a clear picture this will be given; but where there are gaps, obscurities and differences of opinion, these will also be indicated. This work is brilliant in its design, style, and intimate understanding. It is a must read for specialists and policy makers alike.