Search Results (29)

This paper addresses the longstanding tension between reason and revelation in Islamic religious epistemology, with a focus on the thought of Ibn Taymiyyah (d. 728/1328). It aims to reassess his critique of philosophical theology (falsafa and kalām) and explore his constructive alternative to rationalist metaphysics. The study adopts a descriptive–analytical methodology, combining close textual reading of Darʾ Taʿāruḍ al-ʿAql wa al-Naql and Naqd al-Manṭiq with conceptual analysis informed by contemporary religious epistemology and philosophy of religion. The findings reveal that Ibn Taymiyyah advances a triadic epistemological model centered on revelation (naql), reason (ʿaql), and innate disposition (fiṭrah). He refutes the autonomy of reason, redefines logic as a tool rather than a judge, and repositions fiṭrah as an intuitive foundation for belief. His approach emphasizes the harmony of sound reason with authentic revelation and challenges the epistemic assumptions of speculative theology. By presenting a comparative table of rationalist and Taymiyyan epistemologies, the study demonstrates how Ibn Taymiyyah’s framework anticipates key themes in Reformed Epistemology and the cognitive science of religion. The conclusions suggest that his vision offers a coherent, theocentric paradigm for religious knowledge that is highly relevant to the contemporary philosophy of religion and Islamic theology. Full article

This study examines how English newspapers portrayed the First Saudi State (FSS) between 1794 and 1819, focusing on their role in shaping European perceptions. The starting point, 1794, corresponds to the earliest located article mentioning the FSS, while 1819 marks the final reports on its downfall, including the fall of Diriyah in 1818 and the execution of Imam Abdullah bin Saud. While most historical research on the FSS has analyzed travelogs and diplomatic reports, this study highlights newspapers as a contemporaneous and underexplored source. It finds that English press coverage primarily relied on Ottoman and allied sources, often lacking direct Saudi perspectives. As a result, articles frequently framed the FSS as a rebellious religious sect rather than a legitimate state-building effort. Using a qualitative content analysis of 55 randomly selected newspaper articles, the study identifies recurring themes, sources, and biases. Coverage peaked during major geopolitical events, but inaccuracies, sensationalized terminology, and selective reporting reinforced negative stereotypes about the Saudis. By filling a gap in historiography, this research underscores how newspapers shaped public perceptions and foreign policy decisions toward Arabia. It also highlights the broader implications of media dependency in shaping historical narratives. Full article

Over the last couple of decades, the subject of women’s rights in Islam has emerged as the central tension point in discussion about the (in)compatibility of Islam with the modern concept of universal human rights. This topic has drawn significant attention from both liberal and Muslim theorists, who have questioned the source of gender inequality and discrimination against women evident in various Muslim societies. These issues are particularly pronounced in certain provisions of Islamic family law, which appear to conflict with both Islamic principles and the concept of a just and merciful God. Simultaneously, another discussion is unfolding within inner-Muslim debate where Muslims are sharply divided over an important question: Is Sharia divinely created or humanly constructed? Within this debate, Islamic female theorists argue that not only is Sharia man-made law, but one constructed dominantly through the interpretations of male jurists, theologians, and thinkers, whereas female voices and experiences were marginalized, silenced, and excluded. This profoundly influenced the construction of Sharia and embedded hierarchical gender-power dynamics within its provisions. This article explores the topic through three key points: first, the question of the creation or construction of Sharia is examined, emphasizing the unquestionable interpretative role of humans in deciphering God’s Will; second, it argues that the construction process of Sharia was dominated and monopolized by male interpreters, who have read the Qur’an through the lens of the historical context of eighth- and ninth-century Arabia, where gender inequality was a norm; third, it highlights the voices of Islamic female theorists and their egalitarian interpretations of the Qur’an, which reflect the core Islamic message of a just and merciful God. Full article

This article explores the compatibility of liberal citizenship with Twelver Shia jurisprudence, a topic previously analyzed from the perspective of Sunni schools, most notably in the extensive research of Andrew F. March. This study confronts the challenges of reconciling liberal citizenship with Islamic jurisprudence, as highlighted in March’s work, through the lens of Shia legal thought. Rather than aiming to critique or review March’s research, this article considers his work solely as a representative example addressing the topic from the perspective of Sunni jurisprudence. This approach provides readers with a fundamental contrast, illuminating the unique insights that emerge from examining the subject within the framework of Shia jurisprudence. Unlike Sunni jurisprudence, which addresses these issues case-by-case by reviewing relevant Quranic and narrational sources, Twelver Shia jurisprudence offers a more foundational resolution. Owing to the belief in the occultation of the twelfth Imam and its implications for the implementation of Islamic law, Shia scholars have advanced theories such as the theory of obstruction (insidād) and the suspension of the social and political dimensions of Sharia. These theories effectively narrow the scope of Sharia, allowing for the acceptance of laws from non-Islamic states and circumventing potential conflicts with liberal citizenship in the absence of the twelfth Imam. Full article

Islam influences Muslim societies through rules, regulations, and legislation. This paper highlights Islamic principles and legislation that protect the rights and dignity of older adults and compares them to policies and laws that have been applied and implemented in the United Arab Emirates. A comparative method was utilised to conduct this study, relying on sources that present the rights of older adults in Islamic Sharia, as well as official sources from the United Arab Emirates, where information on laws and regulations related to older adults is published. Full article

The present article scrutinizes the intricacies surrounding defensive warfare aimed at reclaiming territories perceived by Muslims as under non-Muslim occupation through the lens of the four Sunni schools and Twelver Shia perspectives. In Shia jurisprudence, in the absence of the twelfth Imam, the concept of defensive war does not extend to reclaiming Islamic territories per se; rather, Muslims are not sanctioned to engage in warfare solely for territorial defense. Instead, the imperative for Muslim involvement in armed conflict arises only when the fundamental tenets of Islam face jeopardy. According to Shia’s legal interpretation, jeopardizing the core principles of Islam implies a scenario where the erasure of Prophet Muhammad’s legacy and the utter annihilation of Sharia law are imminent. Such a predicament is not contingent upon the occupation of Islamic lands. However, Sunni jurisprudence posits a prerequisite for Muslims to engage in warfare, even in defense, necessitating a certainty of prevailing in the conflict. Consequently, given the contemporary milieu, wherein the requisite conditions for assured victory remain unattainable and are likely unattainable, defensive warfare for territorial reclamation is deemed impermissible. The findings of this inquiry propose an Islamic legal framework that advocates abstention from resorting to warfare concerning the mentioned territories in current circumstances, absolving Muslims of any obligation in this regard. Closing the avenue of armed conflict thereby paves the way for alternative avenues such as negotiation, reconciliation, and peace-building. It underscores Islam’s reverence for human life, prioritizing it over territorial concerns. Full article

In the modern era, the importance of Fazlur Rahman’s method of interpreting the Qur’an, which considers the historical dimension of revelation, is significant. Fazlur Rahman advocated renewal, emphasizing the maqasid in response to the new conditions and circumstances introduced by the modern era. Many theologians and thinkers in Turkey have taken note of and reinterpreted this method. In this study, I examine the perspectives of İlhami Güler and Mustafa Öztürk, who adopt a historicist approach to understanding and interpreting the Qur’an. I explore the particular conceptions of God and humans, on which they base their historicist perspective, according to the maqasid concept. I determine that their views on God’s attribute of speech (Kalam) and God’s relationship with time/history significantly shape their conception of God. I attempt to identify the relationship between their drawing of a distinction between word and meaning in the revelation of the Qur’an (lafdh and ma’na), and their efforts to renew Sharia law. Although both thinkers adopt a historicist approach, I highlight how they differ on some issues, especially on the word–meaning issue. Nevertheless, they converge on the idea that revelations are influenced by the human conditions prevailing at their time of emergence. Moving from that proposition, they argue that, today, while preserving the fixed structure of religion, Sharia should be updated in the light of current conditions. I demonstrate how they believe in the idea, especially in the case of Güler, that while God previously changed Sharia, humans should now initiate this change. In this updating activity, maqasid serves as a link binding religion and Sharia together. I suggest that they treat maqasid as a reference point representing the essence of religion (ad-Din) for the renewal of Islamic thought today. Full article

With the arrival of the twentieth century, in their legal theory, Muslim scholars began emphasizing public interest (maṣlaḥa) and the objectives (maqāṣid) of the Sharia. This stood often in contrast to the standards of traditional legal theory. To overcome this gap, scholars searched for concepts of premodern scholars, interpreted them in a way that allowed focusing on abstract categories like maṣlaḥa. An often-quoted figure in this regard is Najm al-Dīn al-Ṭūfī (d. 716/1316). In his hadith commentary entitled al-Taʿyīn, al-Ṭūfī developed a legal framework in which he gave precedence to maṣlaḥa over the Quran, Sunna, and Consensus in cases where there are conflicts between these sources concerning the ruling for a given matter. Many contemporary scholars interpret al-Ṭūfī’s concept from a modern perspective. This approach either leads to overemphasizing al-Ṭūfī’s theory or rejecting it entirely. The present study will analyze al-Ṭūfī’s theory of maṣlaḥa within the established premodern epistemological and hermeneutical boundaries that al-Ṭūfī himself accepted. In doing so, it will locate al-Ṭūfī’s conception of maṣlaḥa in its historical context and in relation to al-Ṭūfī’s biography. The study will show that al-Ṭūfī’s theory, regardless of its modern reception, and with all its pitfalls, is an original attempt to find new ways for deriving norms within the boundaries of a well-established legal theory and in a specific historical context. Full article

Using the figure of the ethnic Pathan/Pashtun as a trope in South Asian culture, this essay provides a genealogical account of the modern emergence of Hindu–Muslim “religious” conflicts played along the lines of nation-thinking in the Indian subcontinent. This modern phenomenon begins in the late 18th century, with the orientalist transcriptions of a vast conglomerate of diverse Indic faiths into a Brahminical–Sanskritic Hinduism and a similar telescoping of complex Islamic intellectual traditions into what we can call a “Mohammedanism” overdetermined by Islamic law. As such, both these transcriptions had to fulfill certain Christological expectations of western anthropology in order to emerge as “religions” and “world religions”, that is, when, as Talal Asad has shown, “religion” was constructed as an anthropological category within the parameters of European secular introspection and the modern expansion of empire. Both Hinduism and Islam therefore had to have a book, a prophetic figure, a doctrinal core, and a singular compendium of laws. Upper caste Sanskritic traditions therefore dominated Hinduism, and a legal supremacist position dominated the modern reckoning of Islam at the expense of philosophy, metaphysics, poesis, and varieties of artistic self-making. Together, the two phenomena also created the historical illusion (now industrialized) that Brahminism always defined Hindu societies and the Sharia was always a total fact of Islam. Full article

Greece is a unique example of a country member of the Council of Europe that allows for the application of Sharia law by the Mufti on a select part of its citizenry: the members of the Muslim minority in Western Thrace (situated in NE Greece). However, to produce their effects, Mufti decisions need to undergo review and to be declared enforceable by the civil court. The aim of this article is to explore the relevant legal framework arranged in law 4964/2022 and presidential decree 52/2019, whereby the details of such a judicial review are set out. In particular, this article considers the prerequisite of the exequatur to religious adjudication, and then, it goes through all of the levels over which the said review extends, bringing progressively into focus the review of the scope of jurisdiction, the review of compatibility with the Constitution and the European Convention of Human Rights, and the review of some additional issues raised specifically by presidential decree 52/2019 over and above the points just mentioned. A final remark follows in connection with possible errors committed in religious adjudication—errors of law or fact—which remain beyond the reach of the review. Full article

The need for Sharia insurance products in the Muslim community continues to significantly increase. Sharia insurance offers sustainability in overcoming the risk of economic loss based on the principles of Islamic law. In addition, Sharia insurance can be a sustainable solution in providing risk management funds. This study aimed to analyze the development and sustainability of Islamic insurance as an alternative form of risk management, as well as its sustainability in the future. The general review is still in the form of the products offered and operational system models in the Sharia insurance industry. The systematic literature review method was used to obtain a visualization and general description of Islamic insurance, employing 774 data articles from 2010 to 2022. From the results of the analysis, it was found that research discussing Islamic insurance has demonstrated significant developments every year. Mitigating risks by offering the principles of Islamic law represents added value for the Islamic insurance industry. In addition, five models of Sharia insurance systems have been introduced and used; namely, the Mudharabah model, the modified Mudharabah model, the Wakalah model, the hybrid model, and the Waqf model. However, the products offered in Sharia insurance are not too numerous and are still focused on individual risk. Based on these results, Sharia insurance will undergo development in the future in terms of both the products offered and risk management. Of course, it can also lead to a transition to the development of sustainable Sharia insurance. Full article

The relationship between human rights and Islam is important in countries of the Arab world where religion plays a significant role in public debates and daily life. The topic is particularly relevant at a time of sharpening conflicts and polarization, when forms of government in the region, the current world order, and the legitimacy of international organizations are increasingly contested. Much of the scholarly work published in English on this topic draws on sources available in English. This review, therefore, aims to make a contribution to the field through analysis and discussion of academic papers published in Arabic. A search was made in Google Scholar in April 2022 which yielded 12 publications published in 2020 and 2021, after inclusion and exclusion criteria had been applied. These publications were analyzed drawing on the four framing categories. A summary is also given of the definitions, sources, and premises on which the arguments of the publications draw. The reviewed papers contrast the universal and divine foundation of Islamic human rights with the limitations of modern conceptualizations based on the Universal Declaration of Human Rights (UDHR). The latter is described as emanating from Western hegemonistic aspirations and as detached from moral and spiritual values. The papers consequently argue that human rights would be guaranteed globally by generalizing a system of governance based on Shari’a law and the ideal of the Rightly Guided Caliphs. Little attention is given to human rights abuses observed in Muslim societies, diverse interpretations of Islamic source texts, or concrete measures to improve human rights protections in practice. Importantly, the arguments presented in these papers tend to reinforce a contemporary discourse that frames conflicting visions on human rights as a ‘clash of civilisations’ between ‘Islam’ and ‘the West’. Full article

This article is the result of applied research on the use of potential tourist resources to remove obstacles to the development of tourism marketing and subsequently cause tourism business growth to improve the quality of life in the host communities. The method to achieve this goal is practical and straightforward: First, specific indicators are introduced to measure the rate of destruction/degradation of tourist sites in a period. Then, by referring to the opinions of tourism business experts, official administration managers, and tourists and by using a mathematical model, the financial losses of the tourism business at tourist sites and resulting total economic losses of the tourism business due to the delay in the reconstruction/upgrading of indicators at tourism sites are calculated. A model is developed and simulated for 10 tourist sites in Iran to calculate the damages to 38 indicators in the period of 1978–2019. In the next step, the weaknesses and threats related to Iran’s tourism business are discovered to reform the indicators, especially those related to planning, policymaking, and the democratic rights of tourists and the host community and to the necessary infrastructure and provision of decent services. Field studies reveal that the number of visitors to the 10 tourist sites since 2014 has declined on average from 8% to 25% due to the implementation of Sharia law, the violation of democracy, and the lack of necessary infrastructure. The model that this article proposes for economic growth through the development of the tourism business may feasibly be applied to similar tourist site areas. Full article

This article seeks to demonstrate how the Egyptian scholar Nasr Hamid Abu Zayd (d. 2010) challenges the concept of divine sovereignty (ḥākimiyya), or the rule of God, developed during the twentieth century, primarily by Sayyid Qutb and Abul Ala Mawdudi—a concept that has inspired many Sunni Islamist movements. The article first explores key aspects of the concept of ḥākimiyya as presented by these two thinkers. Then, key components of Abu Zayd’s humanistic hermeneutics are explained briefly. The article argues that Abu Zayd uses this hermeneutic to challenge the concept of ḥākimiyya and the three main ideas associated with it: (1) the notion of divine sovereignty; (2) the associations between divine sovereignty, the Prophet, and the Qurʾān; and (3) the necessity of implementing Sharia. The article concludes that while challenging the concept of divine sovereignty, Abu Zayd argues for a political theory which seeks to de-politicize Islam—a theory which emphasizes that the state should take a neutral position toward the religious orientation of its citizens and the state law should not necessarily be derived from religious principles. Full article

Once voted into office, populist governments have often found undemocratic means to prolong their stay. The literature on populists in power is evolving and expanding. However, it has mainly focused on how the populists in power attack institutions such as the judiciary, rule erosion, and dirty institutionalism. How populists make use of the law and the judiciary to prolong their authoritarian rule remains an area that is under-researched. The populists’ use of informal institutions such as the unofficial law when in power has not been studied either. This paper addresses these gaps in the populism literature by studying Turkey’s Islamist populist ruling party’s use of informal law in prolonging its authoritarian rule. The paper argues that the Islamist civilisational populist AKP has been using informal Islamist law for both the legitimation of its rule and the repression of the opposition. It shows how the AKP officials, the state’s Directorate of Religious Affairs (Diyanet), the pro-AKP Sharia scholars, and other informal religious authorities employ the civilisational populist Islamist legal narrative to argue that according to Sharia it is obligatory to choose the side of the God that is represented by the AKP and to vote against the infidel opposition that is an existential danger to the pure Muslim people of Turkey and their religion. The paper combines and contributes to two theoretical strands. The first is civilisational populism, and the second is the informal institutions, with a focus on informal law and legal pluralism. Full article