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Search Results (3)

Search Parameters:
Keywords = sharī‘a law

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25 pages, 409 KiB  
Article
Higher Objectives (maqāṣid) of Covenants in Islam: A Content Analysis of ‘ahd and mīthāq in the Qurʾān
by Halim Rane
Religions 2023, 14(4), 514; https://doi.org/10.3390/rel14040514 - 7 Apr 2023
Cited by 8 | Viewed by 11282
Abstract
The concept of covenant occupies a central place in the Qurʾān but has been understudied and underrepresented in discourses about Islam. This article contributes to redressing this lacuna by applying the method of content analysis to the Qurʾān, specifically the terms ‘ahd [...] Read more.
The concept of covenant occupies a central place in the Qurʾān but has been understudied and underrepresented in discourses about Islam. This article contributes to redressing this lacuna by applying the method of content analysis to the Qurʾān, specifically the terms ‘ahd and mīthāq that refer to the concept of covenant. The aim of this article is to identify the maqāṣid (higher objectives) of covenants in Islam and discuss their implications for education about Islam and contemporary Islamic thought. This content analysis finds that covenants in the Qurʾān provide an overarching paradigm governing human existence and coexistence across six covenantal relationship categories. Covenants establish the terms and conditions of God-human and intra-human relations for human existence on Earth in relation to the afterlife, the dissemination of the divine message, the promotion of righteousness, welfare and wellbeing, and restricting the use of armed force to self-defense in response to treaty violation for preserving peace and security. This article recommends that the study of Qurʾānic covenantal knowledge ought to be integrated into courses and discourses about Islam commensurate, with its centrality in the Qurʾān and Prophet Muḥammad’s approach to building peaceful interreligious relations between Muslims and non-Muslims. Full article
13 pages, 323 KiB  
Article
Formalism versus Purposivism in Islamic Jurisprudence: The Case of Islamic Finance Law
by Pejman Abedifar
Religions 2023, 14(4), 465; https://doi.org/10.3390/rel14040465 - 1 Apr 2023
Cited by 2 | Viewed by 3130
Abstract
This manuscript critically discusses the current implications of the scriptural injunctions against gharar and maysir. It elaborates how overlooking the features of the contemporary world and adopting a formalistic approach in Islamic jurisprudence have led to absurdity in the implication of the [...] Read more.
This manuscript critically discusses the current implications of the scriptural injunctions against gharar and maysir. It elaborates how overlooking the features of the contemporary world and adopting a formalistic approach in Islamic jurisprudence have led to absurdity in the implication of the doctrines of gharar and maysir for Muslims’ financial activities. The manuscript also underscores the necessity of adopting the maqāsid approach (purposivism) in Islamic jurisprudence. It propounds that the cogent concern of the injunctions could have been an initiative for Islamic scholars to establish an advanced contract law and to promote transparency in economic activities if a maqāsid approach had been adopted in Islamic jurisprudence. Full article
17 pages, 339 KiB  
Article
Divine vs. Human Law: The Quarrel between the Anti- and Pro-Constitutionalist Jurists in Iranian Constitutional Revolution of 1906
by Mehdi Mirabian Tabar
Religions 2021, 12(8), 630; https://doi.org/10.3390/rel12080630 - 10 Aug 2021
Cited by 2 | Viewed by 3085
Abstract
This study investigated the quarrel between the pro-and anti-constitutionalist jurists following the establishment of the first National Consultative Assembly (Majlis) in Iran and the drafting of the first constitution in 1906. A group of shi῾ite jurists launched an attack on Majlis, in addition [...] Read more.
This study investigated the quarrel between the pro-and anti-constitutionalist jurists following the establishment of the first National Consultative Assembly (Majlis) in Iran and the drafting of the first constitution in 1906. A group of shi῾ite jurists launched an attack on Majlis, in addition to the ideas of human legislation, freedom, and equality, by considering the Islamic Sharī῾a law to be a set of perfect and impeccable laws. In response to these oppositions, the pro-constitutional jurists argued in favor of the constitutional movement. In this paper, it is argued that the quarrel could be considered as evidence for the perennial tension between the divine and human law in Islam. It appears that examining this conflict may shed light on incidents shaping the history of contemporary Iran. Full article
(This article belongs to the Special Issue Islamic Constitutions: Managing Religion and Politics)
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