Al-Nihayah: A Concise Description of Islamic Law and Legal Opinions (al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa)


Book Description

Islam is an all inclusive way of life which covers the intellect and the real, the theoretical and the practical. The major part of the Islamic code of practice and behavior is formalised in the discipline of Islamic law which established itself as a discipline before other Islamic disciplines. The early Muslim jurisconsultants are to be credited as the pioneers of the development of the Islamic legal system. Shaikh Mohammad ibn Hasan ibn 'Ali Abu Ja'far al-Tusi (385-460 AH/995-1067 AD), who was given the honorary title of Shaikh al-Ta'ifat al-Imamiyyah (The Head of the Shi'a Islamic School) was at the orefront of these pioneers. His book Al-Nihayah fi Mojarrad al-Fiqh wa al-Fatawa (A Concise Description of Islamic Law and Legal Opinions) has been recognised as one of the major early sources, references and textbooks in the field of Islamic Law in general and of Shi'a Islamic law in particular. This book has been translated, edited and introduced by Professor A. Ezzati, and published by ICAS Press as the present volume.




Contemporary Rationalist Islam in Turkey


Book Description

Nineteenth-century Istanbul was an intellectual hub of rich discussions about Islam, in which leading reformists had a significant role. Turkey today appears to be an intellectual vacuum to anyone searching for ongoing critical engagement with Islam. The main purpose of this book is to adjust this view of Turkey by showcasing the modern Turkish theologians who challenge mainstream Sunni interpretations of Islam. Labelling these theologians as 'rationalist' rather than 'reformist', the author reveals that their theology is inherently anti-establishment and thus a religiously-oriented challenge to the hegemony of the state-sanctioned Islam: for the rationalists, Turkey's problems have their origins in the Sunni interpretation of Islam. Contemporary Rationalist Islam in Turkey analyses nine prominent scholars of Islam who provide a religious opposition to the Sunni revival in Turkey: Hüseyin Atay, Yasar Nuri Öztürk, M. Hayri Kirbasoglu, Ilhami Güler, R. Ihsan Eliaçik, Ömer Özsoy, Mustafa Öztürk, Israfil Balci, and Mehmet Azimli. These scholars' writings are almost exclusively published in Turkish, so this book makes their ideas available in English for the first time. It also examines the scope, methodology and argumentation of the scholars' theology, categorizing their theological interpretations from 'historicist' to 'universalist' and from 'empiricist' to 'rationalist'. In identifying a new 'rationalist' school of Turkish theology and outlining its different manifestations, the book breaks new ground. It fills a significant gap in the literature on Islamic studies and reveals an understudied dimension of Turkey and Turkish Islam beyond the well-known ideas of the AKP and the Gulenists.




Disability in Islamic Law


Book Description

The book analyzes attitudes to people with various disabilities based on Muslim jurists’ works in the Middle Ages and the modern era. Very little has been written so far on people with disabilities in a general Islamic context, much less in reference to Islamic law. The main contribution of the book is that it focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them.




Ibn Ashur


Book Description

Shaikh Muhammad al-Tahir ibn Ashur is the most renowned Zaytuna Imam and one of the great Islamic scholars of the 20th century. The publication of this translation of Shaikh Ibn Ashur’s Treatise on Maqasid al-Shari’ah is a breakthrough in studies on Islamic law in the English language. In this book, Ibn Ashur proposed Maqasid as a methodology for the renewal of the theory of Islamic law, which has not undergone any serious development since the era of the great imams. Ibn Ashur – quite courageously – also addressed the sensitive topic of the intents/Maqasid of Prophet Muhammad (SAAS) behind his actions and decisions. He introduced criteria to differentiate between the Prophetic traditions that were meant to be part of Islamic law and the Prophetic actions/ sayings that were meant to be for the sake of specific purposes such as political leadership, court judgment, friendly advice, and conflict resolution. But Ibn Ashur’s most significant contribution in this book has been the development of new Maqasid by coining new, contemporary, terminology that were never formulated in traditional usul al-fiqh. For example, Ibn Ashur developed the theory of the ‘preservation of lineage’ into ‘the preservation of the family system’, the ‘protection of true belief’ into ‘freedom of beliefs’, etc. He also introduced the concepts of ‘orderliness’, ‘natural disposition’, ‘freedom’, ‘rights’, ‘civility’, and ‘equality’ as Maqasid in their own right, and upon which the whole Islamic law is based. This development opens great opportunities for Islamic law to address current and real challenges for Muslim societies and Muslim minorities.




Risk Management in Islamic Finance


Book Description

This study addresses derivatives instruments in Islamic finance. It highlights the benefits of these instruments, their legal aspects and the appropriate alternatives. The forward, futures and options contracts in commodity markets are discussed and the arguments in favour of and against these instruments examined. The forward contracts issue includes the possibility of trading gold in forward basis, the forward market for currencies and the possible alternative to manage related risks. With the examination of futures contracts, the main arguments against such a contract are addressed, for example the sale prior to taking possession and the sale of debt hedging and speculation. The study proposes "khiyar al-shart" and "bay al-arbun" as tools of risk management and alternatives to options. The sale of pure rights is at the center of the admissibility of options in Islamic law and is investigated comprehensively.




Medieval Damascus


Book Description

The written text was a pervasive feature of cultural practices in the medieval Middle East. At the heart of book circulation stood libraries that experienced a rapid expansion from the twelfth century onwards. While the existence of these libraries is well known our knowledge of their content and structure has been very limited as hardly any medieval Arabic catalogues have been preserved. This book discusses the largest and earliest medieval library of the Middle East for which we have documentation - the Ashrafiya library in the very centre of Damascus - and edits its catalogue. This catalogue shows that even book collections attached to Sunni religious institutions could hold rather unexpected titles, such as stories from the 1001 Nights, manuals for traders, medical handbooks, Shiite prayers, love poetry and texts extolling wine consumption. At the same time this library catalogue decisively expands our knowledge of how the books were spatially organised on the bookshelves of such a large medieval library. With over 2,000 entries this catalogue is essential reading for anybody interested in the cultural and intellectual history of Arabic societies. Setting the Ashrafiya catalogue into a comparative perspective with contemporaneous libraries on the British Isles this book opens new perspectives for the study of medieval libraries.




Shaping the Current Islamic Reformation


Book Description

The essays that comprise this study eschew stereotypical representations of a politicized Islam in the Mediterranean Region. The contributors consider the reality that lies behind current issues in the area and the role that an embedded Islam has played or may play in the region.




Al-Māturīdī and the Development of Sunnī Theology in Samarqand


Book Description

Al-Māturīdī (d. 944 CE), the prominent Hanafi scholar from Samarqand, succeeded in formulating a theological doctrine which is widely accepted in Sunni Islam to this day. The present volume which is a revised English translation of the German original published in 1997 examines his teachings by describing their principal characteristics and situating them in the history of kalām. Part one investigates the development of Hanafi thought in Transoxania before Māturīdī's time. Part two deals with the other religious groups (in particular the Mu'tazilites) which emerged in this area during his lifetime. Part three shows how he explained and defended the position of his predecessors; in doing so, he reformed their traditional views, thereby developing his own theology which then became the basis of a new tradition, viz. the Māturīdite school.




History of the Arabic Written Tradition Supplement Volume 2


Book Description

The present English translation reproduces the original German of Carl Brockelmann’s Geschichte der Arabischen Litteratur (GAL) as accurately as possible. In the interest of user-friendliness the following emendations have been made in the translation: Personal names are written out in full, except b. for ibn; Brockelmann’s transliteration of Arabic has been adapted to comply with modern standards for English-language publications; modern English equivalents are given for place names, e.g. Damascus, Cairo, Jerusalem, etc.; several erroneous dates have been corrected, and the page references to the two German editions have been retained in the margin, except in the Supplement volumes, where new references to the first two English volumes have been inserted.




Applying Islamic Principles to Clinical Mental Health Care


Book Description

This text outlines for the first time a structured articulation of an emerging Islamic orientation to psychotherapy, a framework presented and known as Traditional Islamically Integrated Psychotherapy (TIIP). TIIP is an integrative model of mental health care that is grounded in the core principles of Islam while drawing upon empirical truths in psychology. The book introduces the basic foundations of TIIP, then delves into the writings of early Islamic scholars to provide a richer understanding of the Islamic intellectual heritage as it pertains to human psychology and mental health. Beyond theory, the book provides readers with practical interventional skills illustrated with case studies as well as techniques drawn inherently from the Islamic tradition. A methodology of case formulation is provided that allows for effective treatment planning and translation into therapeutic application. Throughout its chapters, the book situates TIIP within an Islamic epistemological and ontological framework, providing a discussion of the nature and composition of the human psyche, its drives, health, pathology, mechanisms of psychological change, and principles of healing. Mental health practitioners who treat Muslim patients, Muslim clinicians, students of the behavioral sciences and related disciplines, and anyone with an interest in spiritually oriented psychotherapies will greatly benefit from this illustrative and practical text.