Ijtihad

Abstract: This book offers a detailed presentation of the theory of Muslim law (usul al-figh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the "Sunna" - the precedent of the Prophet. Revelation, which is given to man to restore unity and help him achieve a just and devout order in society as well as in the soul, must be interpreted so as to render it practicable in every culture, while not betraying its spirit and immutable provisions. To achieve this, additional sources of legal authority are recognized, including consensus (ijma), analogical deduction (qiyas), public interest (maslaha) and local customary precedent (urf). In employing these, the jurist guards the five principles which it is the purpose of Islamic law to uphold, namely, the right to life, sound mind, property, lineage and religion. The book includes a discussion of modern tendencies in Islamic legal theory, including those related to the important concept of "ijtihad": the mechanism by which the jurist may arrive at new rulings, or determine that old rulings are in need of adjustment. At a time when many Muslim countries are moving towards the reintroduction of Islamic law, it is important that the principles and nature of this rich and diverse legal tradition be correctly understood, both by the legislators themselves, and by outside observers. Written as a university textbook, "Principles of Islamic Jurisprudence" avoids the use of unnecessary technical expressions and endeavours to use Western legal terms wherever these are appropriate, while remaining close to the Arabic sources.

Abstract: Tariq Ramadan has emerged as one of the foremost voices of reformist Islam in the West. In one of his previous books, 'Western Muslims and the Future of Islam'he urged his fellow Muslims to participate fully in the civil life of the Western societies in which they live, and addressed many of the issues that stand in the way of such participation. In this new book he tackles head-on the thorniest of these issues - namely, the rulings of Islamic jurists that make Islam seem incompatible with modern, scientifically and technologically advanced, democratic societies. He argues that it is crucial to find theoretical and practical solutions that will enable Western Muslims to remain faithful to Islamic ethics while fully living within their societies and their time. He notes that Muslim scholars often refer to the notion of ijtihad (critical and renewed reading of the foundational texts) as the only way for Muslims to take up these modern challenges. But, Ramadan argues, in practice such readings have effectively reached the limits of their ability to serve the faithful in the West as well as the East. In this book he sets forward a radical new concept of ijtihad, which puts context - including the knowledge derived from the hard and human sciences, cultures and their geographic and historical contingencies - on an equal footing with the scriptures as a source of Islamic law. This global and comprehensive approach, he says, seems to be the only way to go beyond the current limits and face up to the crisis in contemporary Islamic thought: Muslims need a contemporary global and applied ethics. After setting out this proposal, Ramadan applies his new methodology to several practical case studies involving controversial issues in five areas: medical ethics, education, economics, marriage and divorce, culture and creativity. His radical proposal and the conclusions to which it leads him are bound to provoke discussion and controversy. Muslims and non-Muslims alike will have to contend with Ramadan's new idea of the very basis of Islam in the modern world.

Abstract: The gender question should be reexamined, as the gender revolution was intended in Islam but never took off. It was aborted arguably for two reasons: a) mainstream Islam turned royalist from the Ummayids [first ruling Islamic dynasty] onwards, and the harem developed and became more secluded as a more aristocratic version of Islam developed, and b) the doors of ijtihad [intellectual effort] closed and the gender revolution was thereby aborted. -Mazrui 1993, 533

Abstract: This paper seeks to address whether or not there could be a common ground between applying Islamic Sharia law and gender equality through an examination of the textual Sharia rulings regarding polygamy and divorce a comparison of this theoretical framework with the applied laws in Egypt and Tunisia and finally an attempt to show the relationship between the divine texts jurisprudence and the role of Ijtihad in responding to social change. The paper argues that the deterioration of women’s rights in many Islamic countries has nothing to do with their Islamic nature but rather with their patriarchal nature. Islam introduced a number of revolutionary rights to women at the time of revelation; therefore the spirit of the Quran points towards ultimate equality between the sexes in a gradual process similar to the case of slavery. As the Quran puts great emphasis on the right to seek justice and the duty to do justice and because the first aim of Sharia is to maintain justice and defend public welfare all means to achieve justice and public welfare are Islamic in nature. The dynamic nature of Islamic teachings the evolving character of Sharia the spirit of Islam towards women’s rights the principles of justice and public welfare and the essentiality of feminist Ijtihad leave no room for doubt that a common ground could be found between Islamic law and gender equality. (authors)