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Topic: Islamic political jurisprudence


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 Issue - "Shari'a", "Traditional Muslim Jurisprudence", "Muslim Laws": A Plea for Replacing the term "Islamic Law"
Above I have distinguished "Shari'a", "traditional Muslim jurisprudence", and "Muslim laws" from one another and each of these from the hopefully soon to be eradicated term "Islamic law." In addition, I have made suggestions as to how each one can be used more accurately.
Yet the term "Islamic law" is most often used to describe either a code of law currently enforced by a modern state or the varied interpretations and precedents that have been canonized into the five main schools of traditional Muslim jurisprudence.
I argue that the term "Islamic law" should be eliminated altogether and replaced with the terms Shar'ia, traditional Muslim jurisprudence, or Muslim laws depending on the context.
www.whrnet.org /fundamentalisms/docs/issue-sharia0407.html

  
 MADN-LAW
Jurisprudence (the philosophy of law) and legal theory address the integration and functions of law in social, political, economic, technological, and other areas of human activity.
  This text will be supplemented by a collection of readings dealing with Islamic  jurisprudence, as well as some areas of American legal theory not covered in the text.
  We will therefore occasionally step outside the Anglo-American tradition and take a comparative approach to this subject by considering some perspectives and insights on law offered by Islamic jurisprudence.
www.dean.usma.edu /law/elective/lw495/495cam.htm   (863 words)

  
 ideofact: Political Islam
What is also overlooked is that the main body of the official jurisprudence fulfilled a certain political function by imparting religious legitimacy to the government of the day, which had usually come to rule by force or intrigue and which, in its daily conduct, was not generally living up the Islamic ideal.
The point is thus overlooked that the jurisprudence was in the first place a human improvisation meant to address certain political and social issues in a certain historical, geographical and social context.
The result was an elegant and elaborate body of jurisprudence, and a formal theory of the caliphate that, through monopoly and repetition, had become altogether entrenched in the 'Arab mind'.
www.ideofact.com /archives/000195.html   (863 words)

  
 Literature networking proposed: Islamic criminal law -DAWN - National; May 30, 2005
Quoting Abu Ishaq As-Shadibi, a Muslim scholar of 14th century Spain, who spoke of universal principles in Islamic jurisprudence with which other nations of the world were in full agreement, Dr Masud said the reason for establishing the networking arrangement was to gather the literature written by Islamic scholars.
Since people were getting accustomed to viewing the issue of Islamic laws through political lenses, the workshop was held for scholars to clarify and reconcile differing view points, the CII chairman said.
The networking would apprise western scholars with this heritage of Islamic criminal jurisprudence
www.dawn.com /2005/05/30/nat6.htm   (863 words)

  
 islam and nonviolence
"Political Implications of the Islamic Notion of ‘Supersession’ as Reflected in Islamic Jurisprudence." Islam and Christian-Muslim Relations, 7 #2 (July 1996); 159—168.
integrates politics, jurisprudence, and history; well documented study of the comparative legal analysis of civil and political rights; gives trans.
studies Islam’s original social egalitarianism, how it became undermined by political success and over time associated with political subversion
www.nonviolenceinternational.net /islambib_001.htm   (11910 words)

  
 Encyclopedia: Jihad
Jihad (ǧihād جهاد) is an Islamic term, from the Arabic root ǧhd ("to exert utmost effort, to strive, struggle"), which connotes a wide range of meanings: anything from an inward spiritual struggle to attain perfect faith to a political or military struggle to further the Islamic cause.
Islamic architecture is the entire range of architecture that has evolved from Islam as a social, cultural, political and religious phenomenon.
Islamic jurisprudence, Fiqh (in Arabic and Persian: فقه) is made up of the rulings of Islamic scholars to direct the lives of the Muslim faithful.
www.nationmaster.com /encyclopedia/Jihad   (11910 words)

  
 Islam and Muslims Contemporary Issues - Islamic Law - Shari'a and Encountering Islamic Law
Scholars in the 1950's and 1960's thought of Islamic law as of historical interest, yet the issues which its jurisprudence raise have re-emerged with the enhanced power of Islamic political regimes and movements in the last decade of the twentieth century.
Islamist political movements, within the Islamic world and the West, insist that we consider the role of the West in world order.
Islamic law was developed from the systematic application of the principles of the Qur'an and the sunna by leaders of the Islamic communities which were established in the first two centuries after the hijra [622 CE].
www.islamic-paths.org /Home/English/Issues/Law/Encountering.htm   (12231 words)

  
 Timeline of Islamic science and technology - Wikipedia, the free encyclopedia
Wrote extensive expositions on Islamic tenets and foundations of jurisprudence.
Sociology, Philosophy of History, general science, Political Science.
1332- 1395 [history; political science; humanities] Ibn Khaldun.
en.wikipedia.org /wiki/Timeline_of_Islamic_science_and_technology   (3303 words)

  
 ICNA-MAS Convention 2005 :: Speakers
He has taught Islamic Shar'iah and Jurisprudence subject in King Saud University, Saudi Arabia, for six years and dealt with various subjects such as principles of jurisprudence (Usool Al-Fiqh), Islamic Culture, Islamic Political Thought, Islamic movements and Fiqh of Organization.
During her graduate studies in Chicago, Dr. Mattson was involved with the local Muslim community, serving on the board of directors of Universal School in Bridgeview and as a member of the Interfaith Committee of the Council of Islamic Organizations of Greater Chicago.
Ingrid Mattson is Professor of Islamic Studies and Director of Islamic Chaplaincy at the Macdonald Center for Islamic Studies and Christian-Muslim Relations at Hartford Seminary in Hartford, CT. Presently, she is serving as the Vice President (US) of Islamic Society of North America (ISNA).
www.icna.com /conv2005/speakers.htm   (3248 words)

  
 Indymedia UK - An Inventory of Iraqi Resistance Groups
There is no compulsion to convert to Islam, this stems from their Islamic creed, their reading of the jurisprudence texts and historical events, and their respect for the directives and appeals of the Islamic organizations and religious dignitaries.
Its declared aim is to liberate Iraqi territory from foreign military and political occupation and to establish a liberated and independent Iraqi state on Islamic bases.
Islamic Retaliation Movement: One of the movements that adopt the course of abductions.
www.indymedia.org.uk /en/2004/09/298084.html   (3248 words)

  
 Encyclopedia: Islam as a political movement
Fundamentalist Islamic political movements tend to be called Islamist in the contemporary Western media; such political movements adopt traditional views of Islamic law by ascribing to one of the four madhabs of fiqh that originated in Arabia, during the late medieval era.
Islamic jurisprudence, Fiqh (in Arabic and Persian: فقه) is made up of the rulings of Islamic scholars to direct the lives of the Muslim faithful.
The Islamic state was expanded by Muhammad himself to encompass all of the Najd and Hijaz regions, as well as Yemen and Oman, and his closest companions, the four "rightly guided" Caliphs who succeeded him, continued to expand the state to encompass Jerusalem, Ctesiphon, and Damascus, and sending raids as far as the Sindh [1].
www.nationmaster.com /encyclopedia/Islam-as-a-political-movement   (11630 words)

  
 THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN
Eminent dignity and value of Man, his freedom coupled with his6- responsibility before God, which provides justice and political, economic, social and cultural freedom and national unity through: the perpetual practice of religious jurisprudence by the fully qualifieda) Faqihs(27) on the basis of the Koran and the Traditions of the Innocents(28) (Peace be upon them).
Islamic rules for creating welfare, removing poverty and eliminating any form of deprivation whatsoever in the fields of nutrition, housing, employment, health care and generalizing the social insurance.
ARTICLE 3 -The Government of the Islamic Republic of Iran is required, in order to achieve the objectives set forth in Article 2, to direct all its resources for the following: To create a suitable environment for the growth of moral virtues on the1.
www.iranologyfo.com /low-e01.htm   (801 words)

  
 Mahdi, Muhsin: Alfarabi and the Foundation of Islamic Political Philosophy
Beginning with a survey of Islamic philosophy and a discussion of its historical background, Mahdi considers the interrelated spheres of philosophy, political thought, theology, and jurisprudence of the time.
In this work, Muhsin Mahdi—widely regarded as the preeminent scholar of Islamic political thought—distills more than four decades of research to offer an authoritative analysis of the work of Alfarabi, the founder of Islamic political philosophy.
Mahdi, Muhsin: Alfarabi and the Foundation of Islamic Political Philosophy
www.press.uchicago.edu /cgi-bin/hfs.cgi/00/14212.ctl   (155 words)

  
 The Punishment of the Apostate According to Islamic Law
Islamic jurisprudence is not confined to the punishment of apostasy.
The Islamic law of apostasy is a symptom of a strong and pervasive traditional Muslim attitude, religious and political, toward non-Muslims and the non-Islamic world.
Islamic law gives the same position to God and the Apostle which British law gives to the King and the royal family in their capacity as supreme authority.
answering-islam.org /Hahn/Mawdudi   (19047 words)

  
 ECONOMY - x. UNDER THE ISLAMIC REPUBLIC
The political upheavals that preceded the establishment of the Islamic regime had wreaked havoc with the economy.
On the other hand, despite a long tradition of extensive rulings in Shi¿ite jurisprudence on many economic matters such as property rights, taxes, interest, and business contracts, there were no ready-made blueprints for an Islamic economic model to replace the old order (Bakhash, pp.
In practice, however, the Islamic government failed to develop new sources of revenue, and its budgets continued to be determined by developments in oil revenues, forcing the state to finance its deficit mainly through borrowings from the Central Bank.
www.iranica.com /articles/v8/v8f1/v8f1133x.html   (19047 words)

  
 Arianna Online Forums - Afghanistan Islamic constitution- well democracy is working
Supreme Court justices will be required to have higher education "in law or Islamic jurisprudence" and, like the president and Cabinet members, must take an oath to "support justice and righteousness in accord with the provisions of the sacred religion of Islam."
US officials were also concerned that the draft privileges one version of religious jurisprudence over others, potentially injuring the rights of other Afghan Muslims.
The Afghan draft stated that in issues not addressed by the constitution or laws, Afghan judges should follow the Hanafi school of jurisprudence.
www.ariannaonline.com /forums/archive/index.php/t-24.html   (19047 words)

  
 Articles - Islam as a political movement
Fundamentalist Islamic political movements tend to be called Islamist; such political movements adopt traditional views of Islamic law by ascribing to one of the four madhabs of fiqh that originated in Arabia, during the late medieval era.
Those militants who follow a version of shariah based on the classical fiqh ("jurisprudence") as interpreted by local ulema ("jurists"), were the most prominent of several competing trends in modern Islamic philosophy in the 1970s and 1980s.
The Islamic state, during the times of the classical scholars, was in fact an expanding Islamic empire that stretched from Al-Andalus (Muslim Spain) to Persia, under the reign of the Ummayad dynasty (which descended from Muhamamd's tribe, the Quraysh).
gaple.com /articles/Islam_as_a_political_movement?...   (5287 words)

  
 AUB: The New World and the Tempo of Militant Islam
Militant Islamic groups loom as potent forces of domestic opposition in the Middle East, and threaten to replace some of the region's existing political elites.
Even though Islamic groups agree on the fundamentals of religion, they articulate competing religious persuasions, pertaining to Islamic jurisprudence, that impose limitations on the scope of their cooperation.
Islamic militants have unquestionably demonstrated their ability to disturb not just the peace of their countries, but that of the world as well.
ddc.aub.edu.lb /projects/pspa/neworder.html   (9191 words)

  
 THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN
Eminent dignity and value of Man, his freedom coupled with his6- responsibility before God, which provides justice and political, economic, social and cultural freedom and national unity through: the perpetual practice of religious jurisprudence by the fully qualifieda) Faqihs(27) on the basis of the Koran and the Traditions of the Innocents(28) (Peace be upon them).
Islamic rules for creating welfare, removing poverty and eliminating any form of deprivation whatsoever in the fields of nutrition, housing, employment, health care and generalizing the social insurance.
ARTICLE 3 -The Government of the Islamic Republic of Iran is required, in order to achieve the objectives set forth in Article 2, to direct all its resources for the following: To create a suitable environment for the growth of moral virtues on the1.
www.iranologyfo.com /low-e01.htm   (801 words)

  
 A True Islamic Reformation-liberal democracy flourishing in Islamic society? A roadmap to liberty
All the tenets of so-called Islamic fundamentalism are derived from the Koran, the Sunna, and the Hadith - the defining texts of Islam - and elaborated in intimate detail by the classical Muslim jurists from all four schools of Sunni Islamic jurisprudence, as well as by Shi’ite jurists.
Islamic countries need charismatic leaders capable of self-criticism, who can say to their people, "the fault is not in [the] stars, but in ourselves, that we are underlings."6 Neither does the fault lie with the Stars and Stripes, nor some putative "Crusader - Zionist" conspiracy.
Many of the modern leaders of culturally Islamic countries were secular in their outlook and approach to the problems of modern industrial society.
www.freerepublic.com /focus/f-news/914037/posts   (2382 words)

  
 The Myth of Islamic Tolerance - 4Forums.com
Spencer sets the stage with an overview of the myth, its political uses, and its refutation by the simple facts of history and Islamic jurisprudence and theology.
Indeed, the myth of Islamic tolerance is itself an expression of the dhimmi mentality already characterizing many Westerners, their acceptance of their culture's crimes and inferiority codified in multiculturalism and currently facilitating jihadist terrorism.
The eagerness of Western intellectuals to betray their professional duty to seek truth, and their zeal for idealizing a culture which wouldn't tolerate their existence for five seconds, are both from the perspective of the jihadists evidence that the West is a spiritually bankrupt dhimmi culture ripe for submission to Islamic hegemony.
www.4forums.com /political/showthread.php?t=6156   (2171 words)

  
 Books and articles on Works on the law of Oriental countries and on Islamic law, Peace Palace Library Catalogue
Virtues of the flesh : passion and purity in early Islamic jurisprudence
The political thought of Ayatullah Murta·za Mu.tahhari : an Iranian theoretician of the Islamic state
The myth of Islamic tolerance : how Islamic law treats non-Muslims
www.ppl.nl /catalogue.php?code=346&topic=Works   (160 words)

  
 Political Islam - SourceWatch
Although there are more modern interpretations and efforts towards a new fiqh ("jurisprudence"), most non-Islamic-parties using sharia as a means to re/claim authority simply adopt some spectacular punishments taken from the Qur'an, and apply them only to helpless people, or their own enemies.
Islamic parties gained in elections in mid-2003 after the U.S. invasion of Iraq, and a very high percentage of people polled in Muslim nations, in some cases up to 70%, said that they believed Osama bin Laden would "do the right thing" for the interests of Muslims vs. non-Muslim forces.
Whether there is a single global unified Islamic Caliphate that is the goal of a single movement called Islamism or the radical Islamist movement
www.sourcewatch.org /index.php?title=Political_Islam   (987 words)

  
 The Moral Economy of Islam: Bibliographies
Abstract: The main objective for the Muslim Brotherhood of Egypt is setting up of an Islamic State on the basis of Islamic jurisprudence.
Abstract: The Moslem Brotherhood, Egypt's largest moderate Islamic opposition party, is worried that the party's supporters may join Moslem radical extremists in their violent fight against the government of Pres Hosni Mubarak.
The group believes in an Islamic government, but also believes in democracy and does not favor the violent tactics of Islamic extremists.
globetrotter.berkeley.edu /Islam/brotherhood.html   (987 words)

  
 Qantara.de - Indonesia - How Do Women Influence Political Islam?
It takes considerable training in Islamic theology plus unusual strength of mind for a woman to stand up against well-established ulama (Islamic scholars) and argue the point on Islamic hadith (narrations about the life of the Prophet) or jurisprudence.
The price paid for being taken seriously by Islamic leaders may be cutting oneself off from support in the non-Islamic world by accepting the premise of the universal Islamic claim to truth and arguing only within its parameters.
As a striking example we can take the influence exerted within Nahdlatul Ulama - the largest Islamic organization in Indonesia - by two generations of women in the family of Abdurrahman Wahid (Abdurrahman Wahid, leader of Nahdlatul Ulama, became president in 1999).
www.qantara.de /webcom/show_article.php/_c-476/_nr-148/i.html?PHPSESSID=6a51d0971cc3866cbdd1f85bae38aee2   (987 words)

  
 FrontPage magazine.com :: Defeating Wahabbism by Stephen Schwartz
The Wahhabis have sought to extirpate Shi'a Islam, and to abolish the traditional schools of Islamic jurisprudence.
His attack on traditional Islam was political; that of the so-called dissident Muslims in Uzbekistan is political, and it is not based on legitimate grievances.
Polat also states that "this form of Islam… to some extent incorporated expensive ceremonies and rites, especially regarding funerals and weddings." Here we have the suggestion that traditional funeral and wedding customs had been introduced into Islam from the environment, and were "un-Islamic." This is pure Wahhabism.
www.frontpagemag.com /Articles/ReadArticle.asp?ID=4178   (3529 words)

  
 Islamic Extremism & Modern Egypt: An Analysis
Among these changes were; the altering of the clause regarding Islamic Jurisprudence, instead of the principal source of legislation it was to become the sole source of Egyptian law.
Sadat, who had sat on military tribunals that had condemned Muslim Brothers, took it upon himself to be the patron of rehabilitating the Muslim Brotherhood and fostering new Islamic organizations in Egypt.
Sadat attempted to use Islam as a means of gaining much needed political and popular legitimacy.
www.mideastinfo.com /archive/paper4.htm   (5881 words)

  
 Islamic Extremism & Modern Egypt: An Analysis
Among these changes were; the altering of the clause regarding Islamic Jurisprudence, instead of the principal source of legislation it was to become the sole source of Egyptian law.
Sadat, who had sat on military tribunals that had condemned Muslim Brothers, took it upon himself to be the patron of rehabilitating the Muslim Brotherhood and fostering new Islamic organizations in Egypt.
Egypt, under both Sadat and Mubarak, has made noticeable progress in the areas of political and economic reform.
www.mideastinfo.com /archive/paper4.htm   (5881 words)

  
 Rules of war in Islam - Wikipedia, the free encyclopedia
The historical legal principles governing the treatment of prisoners of war, in shar'iah, Islamic law, (in the traditional madhabs schools of Islamic jurisprudence), closely mirror the pre-existing norms of society during Muhammad's time.
For such mujahideen movements, the execution of prisoners of war is a powerful political weapon (particularly in asymmetric warfare), while the ransoming and enslaving of prisoners of wars is a lucrative source of funding for their militant movements as well as a source of personal pleasure.
These religious laws are a part of the traditional Islamic code, shar'iah, which is based on traditional interpretations of the Qur'an and the hadith (traditions of Muhammad).
en.wikipedia.org /wiki/Rules_of_war_in_Islam   (1788 words)

  
 Demise of the Saudi Monarch: Time for Khilafah or Democracy? (by Yamin Zakaria) - Media Monitors Network (MMN)
Islam demands that Muslims should govern themselves with the Sharia laws (Islamic Jurisprudence), manifested in the political institution of the Khilafah.
Unfortunately, some of these scholars and Islamic movements have become permanent pillars for perpetuating this decadent hereditary monarchy.
However, many Muslims and non-Muslims regard Saudi Arabia as the model of an Islamic state; the truth is it was built upon the destruction of the last Islamic State, the Uthmania Khilafah (Ottoman State).
world.mediamonitors.net /content/view/full/15462   (1788 words)

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