City of Brass

City of Brass

Oxford Islamic Studies Online: What is Shari’a?

posted by Aziz Poonawalla

One of the singular best references about Islam, in all its complexity and diversity and nuance, is an online and free collection of essays and reference articles: Oxford Islamic Studies Online. It builds on the classical Oxford Encyclopedia of Islam, as well as several other major reference works, and will be continually updated online. As such it’s a fantastic source (far superior to Wikipedia) for anyone writing, learning, or even critiquing about Islam.

Unfortunately, the bulk of the content is not free, but there are “Focus” articles which serve as gateways on specific topics that are immensely useful in their own right. For example, “What Is Shari?ah?” by Tamara Sonn. A large excerpt follows:

The body of Islamic law does undoubtedly contain
elements that are startling in the light of contemporary Western norms.
And today, there is lively debate among Muslim scholars over many of
the laws that most concern non-Muslim observers, particularly those
dealing with democracy, pluralism, the rights of women and of
minorities, and the status of the traditional ?ud?d punishments.

Many
contemporary Islamic thinkers fully endorse pluralism, including full
equality for all citizens. Egypt’s Fahmi? Huwaydi?, for example, argues
for equal rights for non-Muslim minorities based on the overall goal of
Islamic law, which is to establish justice. In order to achieve justice
in today’s world, he says, democracy is essential. Democracy has been
shown to be successful in the West, and it is the most effective way to
implement the Qur’?n’s command to govern through consultation (sh?r?).
While sh?r? has been exercised in various ways throughout history, in
order to result in justice today it must be anchored in a government
that recognizes the right of people to choose their ruler, and this
right must be shared equally by all citizens. Egyptian legal scholar
Salim al-Awa (Sali?m al-?Aww?) also argues in favor of democracy,
saying that Islam places authority with the people, and all citizens
have equal rights to choose, women and non-Muslims included.

Exiled
Tunisian thinker Rachid Ghannouchi (R?shid Ghann?shi?) argues for
Muslim participation in secular democracies, again based on the
Qur’?nic principle of participatory governance, sh?r?, which he defines
as the authority of the community. Muslims must work with whoever is
willing to help achieve essential Islamic goals such as “independence,
development, social solidarity, civil liberties, human rights,
political pluralism, independence of the judiciary, freedom of the
press, or liberty for mosques and Islamic activities.”

Leading
European Muslim scholar Tariq Ramadan concludes that any government
conforming to Islamic principles must allow for communal consultation,
including both men and women, and that the most efficient means of
doing that today is through a consultative council made up of elected
members. He also insists that any representatives be chosen on the
basis of competence in various areas pertinent to daily life, rather
than heredity or some other unearned criterion. This competence allows
them to exercise ijtih?d, that is, to deliberate and formulate ways to
achieve Islamic principles in today’s circumstances, instead of relying
on models appropriate to circumstances that no longer exist.
Consequently, Ramadan concludes, Islam is completely opposed to
theocracy. Not only must Islamic government be conducted through
consultation, it also requires freedom of conscience. This is based on
Ramadan’s reading of the Qur’?n’s prohibition of compulsion in matters
of religion (2:256). Thus, he says, people must have the right to
choose their leaders, express their opinions, and live–male and female,
Muslims and non-Muslim–under equal protection of the law, as was the
case in the Prophet’s time under the Constitution of Medina. He argues
that, although there is no unique model of Islamic government, basic
principles have been provided which Ramadan calls “a framework to run
pluralism.”

In a similar vein, Ramadan recommends a moratorium on
the implementation of ?ud?d punishments. Other scholars agree, focusing
specifically on the prohibition of apostasy (renouncing one’s
religion). For example, the former chief justice of Pakistan, Dr. S. A.
Rahman, argues that the prohibition of apostasy under threat of capital
punishment violates the Qur’?n’s fundamental insistence on freedom of
conscience. Egypt’s highest religious authority, Grand Mufti? Ali Gomaa
(?Al? Jum?ah), also rejects the death sentence for apostasy, arguing
that if punishment is due, it will come in the afterlife. There is even
debate about whether or not some of the ?ud?d punishments have been
properly understood and interpreted in the first place. Tunisian
historian Mohamed Talbi explains that the law requiring capital
punishment for apostasy resulted from a confusion of apostasy with
treason. Leading American Muslim scholar Professor Ali A. Mazrui takes
a slightly different approach. He argues for rethinking the ?ud?d
punishments, saying that the punishments laid down fourteen centuries
ago “had to be truly severe enough to be a deterrent” in their day, but
“since then God has taught us more about crime, its causes,the methods
of its investigation, the limits of guilt, and the much wider range of
possible punishments.”

There is wide ranging opinion regarding
precisely which laws should be subjected to ijtih?d. It is common for
conservative scholars to identify the laws they believe should be
preserved as shari?ah and therefore not subject to ijtih?d. Reformist
thinkers tend to place greater emphasis on the distinction between
shari?ah and fiqh. This discussion has been a feature of Islamic
discourse throughout history.

The full article is well worth reading in its entirety.

(via Svend, who has been developing his own reference work on Islam that’s worth bookmarking as well).

Muslims and modernity

posted by Aziz Poonawalla

At Talk Islam, a great discussion has ensured (as tends to happen over there) about analogizing between Islam and other religions, especially when talking about “reformations” or about labels. Abu Noor points out,

those both within and without Islam that call for “reformation” are not
really calling at all for anything like the Protestant reformation of
Christianity but are in fact calling for a Reform Islam movement that
would resemble Reform Judaism.

He also proposes the term “Orthodox Muslim” as a better label for those muslims attempting to engage in such a process. The debate turns to the fact that Jews can also be thought of as an ethnic group in addition to a religious one, whereas thats not the case for muslims in the US (though in one sense it is a good approximation for muslims in Europe, on a country by country basis).

India lands on the moon

posted by Aziz Poonawalla

This is truly a historic achievement for India and the world:



India’s
first unmanned lunar probe has landed successfully on the moon, a
milestone for the country’s 45-year-old space programme.

The moon-landing on Friday is part of a two-year mission that lays
the groundwork for further Indian space expeditions, the Indian Space
Research Organisation (ISRO) said.

G
Madhavan Nair, the ISRO chairman, said that cameras on board had
transmited images of the moon back to Indian space control, the Press
Trust of India news agency reported.

The moon mission was launched from the Sriharikota space centre in southern India on October 22.

Scientific study

The box-shaped lunar probe carried a video imaging system, a radar altimeter and a mass spectrometer.

The video imaging system was intended to take the pictures of the
moon’s surface, the radar altimeter was to measure the rate of descent
of the probe to the lunar surface and the mass spectrometer was for
studying the extremely thin lunar atmosphere.

The Moon Impact Probe was one of the 11 payloads of the Chandrayaan-1 spacecraft, a space agency statement said.

To date only the US, Russia, the European Space Agency, Japan and China and now India have sent missions to the moon.

I think that somewhere, Kalpana Chawla is smiling.

Fisher-Price “Dawah Doll” brings the deen

posted by Aziz Poonawalla

Awesome.

Parents are outraged about the messages they’rehearing from a doll. It’s Fisher-Price’s “Little Mommy Real Loving BabyCuddle and Coo” doll.

Some people claim they can hear it mumble “Satan is king” in one track; then clearly speak “Islam is the light” in another.

The Associated Press, among many others, have investigated – here’s their report:

I’ve also uploaded the audio of the Dawah Doll to Listen Islam, for your listening pleasure. Wal-Mart has already pulled it from the shelves, but Target says it’s keeping it in stock, so tomorrow I need to go out and get me one of these babies immediately. Naturally, our corporate pawns at Fisher Price have been instructed to engage in taqqiya and deflect questions about the Dawah Doll:


‘The only scripted word the doll says is ‘mama.’” –Juliette Reashor, Senior Mgr. Public Relations, Fisher-Price

Well done, dhimmi! 

Debbie Schlussel is on to us, but no one takes her seriously, so no worries, the grand plan to indoctrinate the toddlers of America is proceeding apace.

Previous Posts

Saudis propose to relocate the Prophet's (saw) tomb from Masjid al-Nabawi
The above photo of the Mecca clock tower, or as I like to call it, "Big Bin", was during my hajj a few years ago. It is part of my general observations of the "Meccahattan"-ization of the holiest place in Islam, the way that the Saudi religious authorities are utterly obliterating the historical wea

posted 10:13:58am Sep. 02, 2014 | read full post »

Post-Ramadan reflections
Welcome back, readers :) My apologies for being so AWOL from blogging. This past Ramadan I had genuinely been able to ramp up my iba

posted 9:48:39am Aug. 27, 2014 | read full post »

Tweeting the Qur'an #ttQuran
My friend Hussein Rashid launched the idea of Tweeting the Qur’an a few years ago and the idea has steadily caught on, and even at

posted 1:04:00pm Jul. 10, 2014 | read full post »

The Criterion: reading the Qur'an is the foundation of ibadat in Ramadan
Ramadan is one-third over. Unlike past years, I've not written as much about my observances this year because I've been dedicated to

posted 1:00:20pm Jul. 09, 2014 | read full post »

Nominations now open for the 11th Annual Brass Crescent Awards
The Brass Crescent Awards is an annual awards ceremony that honors the best writers and thinkers of the emerging Muslim blogosphere (aka the Islamsphere). Nominations are taken from blog readers, who then vote for the winners. Founded in 2004 by myself and Shahed Amanullah, the Brass Crescent Awa

posted 5:18:45am Jun. 29, 2014 | read full post »


Report as Inappropriate

You are reporting this content because it violates the Terms of Service.

All reported content is logged for investigation.