Moral Rationalism and Shari'a

Moral Rationalism and Shari'a PDF Author: Ali-Reza Bhojani
Publisher: Routledge
ISBN: 1317627547
Category : Religion
Languages : en
Pages : 313

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Book Description
Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur’ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the ‘emic’ (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent judgments of rational morality act as a condition for the validity of precepts attributed to a just and moral God.

Moral Rationalism and Shari'a

Moral Rationalism and Shari'a PDF Author: Ali-Reza Bhojani
Publisher: Routledge
ISBN: 1317627547
Category : Religion
Languages : en
Pages : 313

Get Book Here

Book Description
Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur’ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the ‘emic’ (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent judgments of rational morality act as a condition for the validity of precepts attributed to a just and moral God.

Moral Rationalism and Shari'a

Moral Rationalism and Shari'a PDF Author: Ali-reza Bhojani
Publisher: Culture and Civilization in the Middle East
ISBN: 9780367870249
Category :
Languages : en
Pages : 180

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Book Description
Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur'ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the 'emic' (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent

Virtue and the Common Good

Virtue and the Common Good PDF Author: Mohammed Nekroumi
Publisher: BRILL
ISBN: 9004682260
Category : Religion
Languages : en
Pages : 242

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Book Description
Virtue and the Common Good: Hermeneutic Foundations of aš-Šāṭibī's Ethical Philosophy arose as a response to the urgent need for epistemological research on the hermeneutic foundations of Islamic ethical and moral theory that has resulted from the current period of upheaval in Islamic theology. Choosing a late-medieval work of legal theory, namely, Abū Isḥāq Ibrāhīm ibn Mūsā aš-Šāṭibī's (d. 790/1388) al-Muwāfaqāt, as the point of departure, locates this study's discussion methodologically and theoretically in the genealogical process of re-reading and reconstructing Islamic thinking in modernity from the perspectives of contemporary philosophy of ethics. Thus, profoundly reflecting on modern understanding and interpretation of fundamental theological concepts in the Islamic legal- and moral theory becomes unavoidable.

The Shari'a

The Shari'a PDF Author: Amyn Sajoo
Publisher: Bloomsbury Publishing
ISBN: 1786734044
Category : Religion
Languages : en
Pages : 272

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Book Description
2019 Choice Outstanding Academic title I.B.Tauris in association with the Institute of Ismaili Studies Why is the term shari?a-the mention of which conjures up images of a politicised religion in many parts of the world-understood in the ways that it is today? For Muslims and non-Muslims alike, much is read into this term, often with scant regard for its historical, cultural or theological underpinnings. The politics of identity has a profound effect on contemporary life, both secular and religious, and this includes our understandings of the shari?a. Yet at the core of this concept, for Muslims, is the quest for a moral compass by which to navigate a path through life (Qur'an, 45:18), informed deeply by revelation and its interpretation by the Prophet Muhammad as well as his closest Companions. Built on this foundation is an ongoing human endeavour to grasp and lend expression to that teaching-elaborately in law, but no less so in devotional, ethical and customary practices in diverse Shi?i and Sunni Muslim communities, including in the West. Popular myths about the shari?a - that it is divine law, that it is contained in a single code recognised by all Muslims, that it is about controlling behavior, that it `defines' Islam - are challenged in this volume by leading scholars, with a view to illuminating how we arrived here and where we might be headed. The claims of the modern state as the custodian of the shari?a are put into perspective, alongside the vital role of a pluralist civil society. From bioethics, human development, family law and finance to constitutional and human rights issues, this fifth volume in the Muslim Heritage Series offers an accessible account of the ideals and realities of the shari?a. As such, it will appeal not only to specialists in the humanities and social sciences, but also to the general reader with an interest in global affairs and informed citizenship.

Sharia and Justice

Sharia and Justice PDF Author: Abbas Poya
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110573598
Category : Religion
Languages : en
Pages : 280

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Book Description
Justice is considered the basic norm of human coexistence. Every legal order refers to the concept of justice, and Muslims also regard their religious norms (the Sharia) as offering just solutions to legal questions. But is the assumption that the Sharia is just merely an acceptance of a status quo correct? And is justice the necessary aim of the Sharia? In this volume, renowned scholars discuss these questions from different perspectives. In principle, the first normative source of Islam, the Qur'an, orders justice and fair conduct (Rohe). At the same time, an analysis of the concept of justice in the classical age of Islam (Ahmed and Poya) also shows that there existed ambivalent understandings of this concept. The relationship of the idea of justice in Islam to political questions (Ende), to war (Poya), and to modern reform (Mir-Hosseini) again confirms the importance of the concept for a critical reflection on traditional assumptions and existing circumstances. The discussion on the hijab in Western countries (Ladwig) shows paradigmatically how justice can regulate the relationship between the secular state and the Sharia. The essays in this volume endeavor to show that debates about justice, in Islam as well, express an underlying tension between the perception of an order as just on the one hand, and the feeling of injustice under the same order on the other. This discussion validates the idea that justice should be understood as a concept subject to a perpetual reexamination according to changing times and circumstances.

Moral Rationalism and Shari'a

Moral Rationalism and Shari'a PDF Author: Ali-Reza Bhojani
Publisher: Routledge
ISBN: 1317627555
Category : Religion
Languages : en
Pages : 195

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Book Description
Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur’ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the ‘emic’ (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent judgments of rational morality act as a condition for the validity of precepts attributed to a just and moral God.

Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology

Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology PDF Author: Hashim Bata
Publisher: BRILL
ISBN: 9004544003
Category : Law
Languages : en
Pages : 162

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Book Description
This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.

Visions of Sharīʿa

Visions of Sharīʿa PDF Author: Ali-reza Bhojani
Publisher: BRILL
ISBN: 9004413944
Category : Law
Languages : en
Pages : 240

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Book Description
Visions of Sharīʿa offers the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought.

Islam and the Trajectory of Globalization

Islam and the Trajectory of Globalization PDF Author: Louay M. Safi
Publisher: Routledge
ISBN: 1000483541
Category : History
Languages : en
Pages : 369

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Book Description
The book examines the growing tension between social movements that embrace egalitarian and inclusivist views of national and global politics, most notably classical liberalism, and those that advance social hierarchy and national exclusivism, such as neoliberalism, neoconservatism, and national populism. In exploring issues relating to tensions and conflicts around globalization, the book identifies historical patterns of convergence and divergence rooted in the monotheistic traditions, beginning with the ancient Israelites that dominated the Near East during the Axial age, through Islamic civilization, and finally by considering the idealism-realism tensions in modern times. One thing remained constant throughout the various historical stages that preceded our current moment of global convergence: a recurring tension between transcendental idealism and various forms of realism. Transcendental idealism, which prioritize egalitarian and universal values, pushed periodically against the forces of realism that privilege established law and power structure. Equipped with the idealism-realism framework, the book examines the consequences of European realism that justified the imperialistic venture into Africa, the Middle East, and Latin America in the name of liberation and liberalization. The ill-conceived strategy has, ironically, engendered the very dysfunctional societies that produce the waves of immigrants in constant motion from the South to the North, simultaneously as it fostered the social hierarchy that transfer external tensions into identity politics within the countries of the North. The book focuses particularly on the role played historically by Islamic rationalism in translating the monotheistic egalitarian outlook into the institutions of religious pluralism, legislative and legal autonomy, and scientific enterprise at the foundation of modern society. It concludes by shedding light on the significance of the Muslim presence in Western cultures as humanity draws slowly but consistently towards what we may come to recognize as the Global Age. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003203360, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

The Rule of Law, Freedom of Expression and Islamic Law

The Rule of Law, Freedom of Expression and Islamic Law PDF Author: Hossein Esmaeili
Publisher: Bloomsbury Publishing
ISBN: 1782257500
Category : Law
Languages : en
Pages : 309

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Book Description
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.