scholarly journals Islamic Sexual Perversions and Apostasy Representations: Eastern and Western Classical Law Modern Reformist Mutations

Religions ◽  
2021 ◽  
Vol 12 (11) ◽  
pp. 942
Author(s):  
Ludovic-Mohamed Zahed
Keyword(s):  
Corporal Punishment ◽  
Muslim World ◽  
Progressive Movement ◽  
Arab Muslim ◽  
Islamic Jurisprudence ◽  
The Status ◽  
Muslim Minorities ◽  
Classical Age

The status of apostasy seems unclear in Islamic jurisprudence of the classical age; it is an act considered traditionally to be a legal vacuum, calling for no corporal punishment (mubah). When a sentence was applied in this case, it would seem that it was due to partisan political reasons, rather than on the basis of real spiritual proper needs. Yet today some conservative ulemas apply this status of excommunication, patterned on the modern Catholic model, to practices considered to be “abnormal,” such as homosexuality. What about the Islamic jurisprudence development, as it is conceived and applied today? What is the position of the so-called majority Islamic authorities in regard to apostasy or the perversion of some Muslim minorities? Moreover, what is the position of these ulemas vis-à-vis the so-called alternative progressive movement, which reject the majority Islamic dogma, in France, Morocco, Egypt and elsewhere in the so-called Arab-Muslim world?

PRINSIP AL-TAYSĪR DALAM FIQH AL-AQALLIYĀT YŪSUF AL-QARAḌĀWĪ

EMPIRISMA ◽  
2016 ◽  
Vol 25 (1) ◽  
Author(s):  
Abdul Wahab Khalil
Keyword(s):  
Legal Issues ◽  
Limited Time ◽  
The West ◽  
Muslim Scholar ◽  
Islamic Jurisprudence ◽  
Friday Prayer ◽  
Muslim Minorities ◽  
Muslim Scholars

The Muslim minorities in the West who are currently dealing with a multitude of problem receives attention from Muslim scholars. Syaikh Yūsuf al-Qaraḍāwī is the first Muslim scholar who attempted to provide a solution to the problems, especially related to the implementation of religious teachings, as he outlined it in the framework of fiqh al-aqalliyāt. In principle, this is not something new in Islamic jurisprudence, because its legal sources are still the same. Nevertheless, this kind of fiqh is different in the sense that it does not merely talk about legal issues, but also the problems of theology and morals that the Muslim minorities in the West are currently dealing with in their relations with non-Muslims. Fiqh al-aqalliyyāt is also characterized by the use of the principle of al-taysīr as clearly prominent in the fatwās by Syaikh Yūsuf al-Qaraḍāwī, such as on the validity of both performing Friday prayer in the morning due to limited time for religious sermon (khuṭbah) and during ẓuhr time in some countries. This article will explore further this principle of al-taysīr in the Qaraḍāwī’s fiqh al-aqalliyyāt. Keywords: Yūsuf al-Qaraḍāwī, Fiqh al-Aqalliyāt, al-Taysīr

Rashid Rida’s Struggle to Establish A Modern Islamic State

1984 ◽  
Vol 1 (1) ◽  
pp. 83-99
Author(s):  
Assad N. Busool
Keyword(s):  
Tenth Century ◽  
Muslim World ◽  
Reform Movement ◽  
Islamic State ◽  
Reform Movements ◽  
Islamic History ◽  
Central Concern ◽  
Arab Muslim ◽  
The World ◽  
Physical Presence

Reform movements are important religious phenomena which haveoccurred throughout Islamic history. Medieval times saw theappearance of religious reformers, such as al-Ghazali, Ibn Taimiyah,Ibn Qayim al-Jawziyah and others; however, these reform activitiesdiffered significantly from the modern reform movement. The medievalreformers worked within Muslim society; it was not necessary to dealwith the external challenge presented by Europe as it was for themodern Muslim reformers after the world of Islam lost its independenceand fell under European rule. The powers of Europe believed that Islamwas the only force that impeded them in their quest for world dominanceand, relying on the strength of their physical presence in Muslimcountries, tried to convince the Muslim peoples tgat Islam was ahindrance to their progress and development.Another problem, no less serious than the first, faced by the modernMuslim reformers was the shocking ignorance of the Muslim peoples oftheir religion and their history. For more than four centuries,scholarship in all areas had been in an unabated state of decline. Thosereligious studies which were produced veered far from the spirit ofIslam, and they were so blurred and burdened with myths and legends,that they served only to confuse the masses.The ‘Ulama were worst of all: strictly rejecting change, they still hadthe mentality of their medieval forebearers against whom al-Ghazali,Ibn Taimiyah and others had fought. Hundreds of years behind thetimes, their central concern was tuqlid (the imitation of that which hadpreceeded them through the ages). For centuries, no one had dared toquestion this heritage or point out the religious innovations it impaired.In conjunction with their questioning of the tuqlid, the modernreformers strove to revive the concept of ijtihad (indmendentjudgement) in religious matters, an idea which had been disallowedsince the tenth century. The first to raiseanew the banner of $tihad inthe Arab Muslim world was Sayyid Jamal al-Din al-Afghani; after himSheikh Muhammad ‘Abduh in Egypt, and after him, his friend and ...

On the Development of Islamic Jurisprudence

1999 ◽  
Vol 16 (1) ◽  
Author(s):  
Murad Wilfried Hofmann
Keyword(s):  
The State ◽  
Current State ◽  
Islamic Jurisprudence ◽  
The Status ◽  
Sensitive Issues ◽  
Status Of Women ◽  
Islam And Democracy

This article examines the state of Islamic jurisprudence with regard to many sensitive issues, such as the status of women and minorities in Islam, Islam and Democracy, hudud punishments. The author explores the current state of Islamic discourse on jurisprudence and identifies three approaches-traditional, secular and reformist. The paper explores the positions of the traditional ulama and the reformist muj­tahids on the mentioned topics and finds the reformist position more sensible and closer to the position of ihe Qur'an and Sunnah. This paper while advocating neo-ijtihad, makes an impressive case for the merit???? and Islamic credibility of the reformist jurisprudence.

Crisis in Arab World: Economic and Social Aspects

2011 ◽  
pp. 73-83
Author(s):  
V. Mel'yantsev
Keyword(s):  
South Asia ◽  
Growth Model ◽  
Social Factors ◽  
Arab World ◽  
Arab Countries ◽  
Muslim World ◽  
Social Aspects ◽  
Fast Growing ◽  
Arab Muslim ◽  
World Economic

The article considers macroeconomic and social factors of the upsurge of socio-political instability in the Arab world. The Arab countries are compared with other states in the Arab-Muslim world, as well as with the economically fast-growing economies of East and South Asia. It is concluded that Arab countries loosely fit into the promising growth model of the XX century and they are in need of profound reforms.

Bringing People Down

2021 ◽  
Vol 24 (3) ◽  
pp. 433-466
Author(s):  
John Vorhaus
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Corporal Punishment ◽  
European Convention ◽  
Human Beings ◽  
European Court ◽  
The Status ◽  
Relational Concept ◽  
Degrading Treatment ◽  
As If

Under Article 3 of the European Convention on Human Rights, degrading treatment and punishment is absolutely prohibited. This paper examines the nature of and wrong inherent in treatment and punishment of this kind. Cases brought before the European Court of Human Rights (the Court) as amounting to degrading treatment and punishment under Article 3 include instances of interrogation, conditions of confinement, corporal punishment, strip searches, and a failure to provide adequate health care. The Court acknowledges the degradation inherent in imprisonment generally, and does not consider this to be in violation of Article 3, but it also identifies a threshold at which degradation is so severe as to render impermissible punishments that cross this threshold. I offer an account of the Court’s conception of impermissible degradation as a symbolic dignitary harm. The victims are treated as inferior, as if they do not possess the status owed to human beings, neither treated with dignity nor given the respect owed to dignity. Degradation is a relational concept: the victim is brought down in the eyes of others following treatment motivated by the intention to degrade, or treatment which has a degrading effect. This, so I will argue, is the best account of the concept of degradation as deployed by the Court when determining punishments as in violation of Article 3.

Interrupting a History of Tolerance: Anti-Semitism and the Arabs

2009 ◽  
Vol 37 (3) ◽  
pp. 452-462
Author(s):  
Riaz Hassan
Keyword(s):  
Muslim World ◽  
Historical Events ◽  
Islamic World ◽  
Anti Semitism ◽  
Arab Muslim ◽  
History Of ◽  
Characteristic Features ◽  
Semitic Rhetoric

AbstractThe anti-Semitic rhetoric of many Islamist groups is qualitatively different from the reflective jurisprudence associated with the treatises of classical Islam. There is little evidence of any deep rooted anti-Semitism in the classical Islamic world. Jews have lived under Islamic rule for 14 centuries and in many lands, they were never free from discrimination but were rarely subjected to persecution as in Christian Europe. Most of the characteristic features of European-Christian anti-Semitism were absent from the Jewish-Muslim relations. This paper examines the growth of anti-Semitism in Arab-Muslim world and identifies some of the historical events which have contributed to this development.

The Image of Europe and the Role of its Muslims, as Portrayed in the Contemporary Islamic Debate on Muslim Minorities

2013 ◽  
Vol 2 (2) ◽  
pp. 186-207
Author(s):  
Carlo De Angelo
Keyword(s):  
Western Europe ◽  
Muslim Brotherhood ◽  
Arab Muslim ◽  
The Muslim Brotherhood ◽  
Muslims In Europe ◽  
Muslim Minorities ◽  
Muslim Scholars

Abstract This article examines one of several ways in which the Muslim presence in Europe is discussed or justified in Islamic terms. It mainly analyses the position of those scholars, some of them close to the Muslim Brotherhood (like Al-Qaradawi and Mawlawi), who have claimed that not only can Muslims live in Western Europe, but that they should live there. In fact, according to them Europe is a context in need of Muslims and that Muslims need it too: Europe needs the moral example Muslims can set there and Muslims need Europe in order to spread Islam. In this light, the presence of Muslims in Europe is both legitimate and necessary, and their absence unthinkable. This article is the result of an examination of particular essays and edicts which Sunni Arab Muslim scholars have contributed to the debate surrounding Muslim minorities in Europe, published between the years 1960-2000.

Beyond rentierism: the United Arab Emirates’ exceptionalism in a turbulent region

2017 ◽  
Vol 10 (4) ◽  
pp. 522-536
Author(s):  
Osman Antwi-Boateng ◽  
Mohammed Binhuwaidin
Keyword(s):  
Social Norms ◽  
United Arab Emirates ◽  
Soft Power ◽  
Gulf Cooperation Council ◽  
Muslim World ◽  
Energy Resources ◽  
Turbulent Region ◽  
Arab Muslim ◽  
Rentier States ◽  
Political Economic

The Arab-Muslim world is often described negatively as undemocratic, intolerant and economically backward. Rare positive commentary about the region is usually reserved for the Gulf Cooperation Council (GCC) states based on the belief that their status as rentier states coupled with immense energy resources has enabled them to escape the failures of the larger region. However, this research posits a United Arab Emirates (UAE) exceptionalism attributed to its internalization of key political, economic and social norms, and the promotion of such norms as a norm entrepreneur. The attractiveness of the UAE's accomplishments in the region has made it worthy of emulation and, thus, a soft power.

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