I argue here that an epistemological shift has taken place in twentieth century usul al-fiqh: awa... more I argue here that an epistemological shift has taken place in twentieth century usul al-fiqh: away from the classical/orthodox Ash'ari position in which the human mind simply discovers the divine law and extends it to new cases onthe basis of consensus (ijma') and analogical reasoning (qiyas); and toward a position in which reason is empowered to uncover the ratio legis behind the divine injunctions—a distinctly Mu'tazili approach. This shift has been accompanied by a privileging of universal ethical principles (kulliyat), now identified as the aims of the Law (maqasid al-shari'a), over the specific injunctions of the texts (ju'ziyyat)—a hermeneutic strategy that has often favored public interest (maslaha) as the chief criterion for developing fresh legal rulings in the light of new sociopolitical conditions. The main theoreticians discussed here are Muhammad 'Abduh, Muhammad Rashid Rida, 'Abd al-Razziq Sanhuri, 'Abd al-Wahhab Khallaf, Muhammad Abu Zahra, and Muhammad Hashim Kamali.
This essay takes seriously recent sociological research which highlights both the worldwide resur... more This essay takes seriously recent sociological research which highlights both the worldwide resurgence of religiosity in the last three or four decades and its tendency to delink religion from territory and culture, thus pushing its adherents into a communitarian mode of “true believers” and toward an affirmation of identity that sets them off from the traditional mainstream of their own religious tradition. Yet environmental concerns – along with social justice, as the poor are disproportionately threatened by climate change and various forms of pollution – are capturing the attention of both evangelicals on the Christian side, and of mainstream (and hence, conservative) Muslims. I argue that both in the writings and activism of Muslims and Christians, the issue of ecology leads them to a) take an inclusive view of humanity, the earth and the monotheistic creation mandate; and b) to discover the commonality of the values inherent to other faiths.
This paper seeks to redefine the parameters of “Islamic reformism” in the ongoing intra-Muslim de... more This paper seeks to redefine the parameters of “Islamic reformism” in the ongoing intra-Muslim debates on secularism, pluralism and globalization. Both scholars have an international following, believe that international civil society should resist the hegemonic pretensions of the current neoliberal, western-led globalization project; and both staunchly resist Islamic “fanatics” who would bar women and non-Muslims the right to be elected to parliament. Yet their reformist impulses come from diametrically opposed methodologies.
Can Islamic thought provide a basis for a fully developed
theory of human rights? This article be... more Can Islamic thought provide a basis for a fully developed theory of human rights? This article begins with an examination of the tensions between religion in general and the secular framing of the Universal Declaration of Human Rights (UDHR). From a historical perspective, it then delves into the history of the relationship between Muslim political and religious leaders and the UDHR. With that background in mind, the author analyzes the positions of three influential Muslim scholars on human rights: Khaled Abou El Fadl’s emphasis on ethics and law; Abdulaziz Sachedina’s recent book Islam and the Challenge of Human Rights (2009), in which he urges the traditionalists to develop a “public theology”; and finally, Abdullahi An-Na’im’s focus on shari’a and the secular state. He concludes that the majority of Muslims worldwide remain more conservative than these authors, and yet they overwhelmingly support the notion of human rights. This bodes well for the growing influence of such reformist thinking and, as a result, for the retooling of traditional Islamic jurisprudence in addressing human rights.
The core of the human rights paradigm is that all human beings by virtue of simply being human ar... more The core of the human rights paradigm is that all human beings by virtue of simply being human are bearers of inalienable rights. The intrinsic dignity of the human person, moreover, is the guarantee of the universality of the international human rights standard. Human dignity also includes human solidarity, as evidenced in international law by the International Covenant of Economic, Social and Cultural Rights ratified in 1966. This paper argues from a comparative perspective, therefore, that human rights discourse is reinforced by the central tenets of both Islam and Christianity in two areas, its universality and its application to the economic sphere.
This is Chapter 2 in Adis Duderija's new edited book, "Maqasid Al Shari’a and Contemporary Muslim... more This is Chapter 2 in Adis Duderija's new edited book, "Maqasid Al Shari’a and Contemporary Muslim Reformist Thought." It seeks to elucidate Qaradawi's use of this purposive jurisprudence and ponder what led him to adopt this popular approach late in his career. Beyond, the paper seeks to probe how this legal/theological epistemology might affect the future of the ulama in the Muslim world.
Worldviews: Global Religion, Culture and Ecology, Apr 2012
A survey of the proliferating literature by Muslims on ecology indicates that the majority favors... more A survey of the proliferating literature by Muslims on ecology indicates that the majority favors some role for traditional Islamic law in order to solve the current environmental crisis. And so what is the meaning of the word “Shari’a” that appears so often? A close look at this discourse reveals an inherent fuzziness in its use of Shari’a. All of the scholar/activists surveyed in this paper, though on the conservative end of the spectrum, chiefly refer to “Shari’a” as a source of ethical values. The first to address these issues was Iranian-American philosopher Seyyed Hossein Nasr whose pluralist theology is hospitable to the spiritual input of all faiths; yet the most influential environmentalists today are the British scholars
Mawil Izzi Dien and Fazlun Khalid, whose writings and campaigns have impacted millions of Muslims worldwide. Their appeal to past norms of eco-friendly Shari’a norms and their desire to update them in the present context fits nicely with the Earth’s Charter call for “a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace.”
I argue here that an epistemological shift has taken place in twentieth century usul al-fiqh: awa... more I argue here that an epistemological shift has taken place in twentieth century usul al-fiqh: away from the classical/orthodox Ash'ari position in which the human mind simply discovers the divine law and extends it to new cases onthe basis of consensus (ijma') and analogical reasoning (qiyas); and toward a position in which reason is empowered to uncover the ratio legis behind the divine injunctions—a distinctly Mu'tazili approach. This shift has been accompanied by a privileging of universal ethical principles (kulliyat), now identified as the aims of the Law (maqasid al-shari'a), over the specific injunctions of the texts (ju'ziyyat)—a hermeneutic strategy that has often favored public interest (maslaha) as the chief criterion for developing fresh legal rulings in the light of new sociopolitical conditions. The main theoreticians discussed here are Muhammad 'Abduh, Muhammad Rashid Rida, 'Abd al-Razziq Sanhuri, 'Abd al-Wahhab Khallaf, Muhammad Abu Zahra, and Muhammad Hashim Kamali.
This essay takes seriously recent sociological research which highlights both the worldwide resur... more This essay takes seriously recent sociological research which highlights both the worldwide resurgence of religiosity in the last three or four decades and its tendency to delink religion from territory and culture, thus pushing its adherents into a communitarian mode of “true believers” and toward an affirmation of identity that sets them off from the traditional mainstream of their own religious tradition. Yet environmental concerns – along with social justice, as the poor are disproportionately threatened by climate change and various forms of pollution – are capturing the attention of both evangelicals on the Christian side, and of mainstream (and hence, conservative) Muslims. I argue that both in the writings and activism of Muslims and Christians, the issue of ecology leads them to a) take an inclusive view of humanity, the earth and the monotheistic creation mandate; and b) to discover the commonality of the values inherent to other faiths.
This paper seeks to redefine the parameters of “Islamic reformism” in the ongoing intra-Muslim de... more This paper seeks to redefine the parameters of “Islamic reformism” in the ongoing intra-Muslim debates on secularism, pluralism and globalization. Both scholars have an international following, believe that international civil society should resist the hegemonic pretensions of the current neoliberal, western-led globalization project; and both staunchly resist Islamic “fanatics” who would bar women and non-Muslims the right to be elected to parliament. Yet their reformist impulses come from diametrically opposed methodologies.
Can Islamic thought provide a basis for a fully developed
theory of human rights? This article be... more Can Islamic thought provide a basis for a fully developed theory of human rights? This article begins with an examination of the tensions between religion in general and the secular framing of the Universal Declaration of Human Rights (UDHR). From a historical perspective, it then delves into the history of the relationship between Muslim political and religious leaders and the UDHR. With that background in mind, the author analyzes the positions of three influential Muslim scholars on human rights: Khaled Abou El Fadl’s emphasis on ethics and law; Abdulaziz Sachedina’s recent book Islam and the Challenge of Human Rights (2009), in which he urges the traditionalists to develop a “public theology”; and finally, Abdullahi An-Na’im’s focus on shari’a and the secular state. He concludes that the majority of Muslims worldwide remain more conservative than these authors, and yet they overwhelmingly support the notion of human rights. This bodes well for the growing influence of such reformist thinking and, as a result, for the retooling of traditional Islamic jurisprudence in addressing human rights.
The core of the human rights paradigm is that all human beings by virtue of simply being human ar... more The core of the human rights paradigm is that all human beings by virtue of simply being human are bearers of inalienable rights. The intrinsic dignity of the human person, moreover, is the guarantee of the universality of the international human rights standard. Human dignity also includes human solidarity, as evidenced in international law by the International Covenant of Economic, Social and Cultural Rights ratified in 1966. This paper argues from a comparative perspective, therefore, that human rights discourse is reinforced by the central tenets of both Islam and Christianity in two areas, its universality and its application to the economic sphere.
This is Chapter 2 in Adis Duderija's new edited book, "Maqasid Al Shari’a and Contemporary Muslim... more This is Chapter 2 in Adis Duderija's new edited book, "Maqasid Al Shari’a and Contemporary Muslim Reformist Thought." It seeks to elucidate Qaradawi's use of this purposive jurisprudence and ponder what led him to adopt this popular approach late in his career. Beyond, the paper seeks to probe how this legal/theological epistemology might affect the future of the ulama in the Muslim world.
Worldviews: Global Religion, Culture and Ecology, Apr 2012
A survey of the proliferating literature by Muslims on ecology indicates that the majority favors... more A survey of the proliferating literature by Muslims on ecology indicates that the majority favors some role for traditional Islamic law in order to solve the current environmental crisis. And so what is the meaning of the word “Shari’a” that appears so often? A close look at this discourse reveals an inherent fuzziness in its use of Shari’a. All of the scholar/activists surveyed in this paper, though on the conservative end of the spectrum, chiefly refer to “Shari’a” as a source of ethical values. The first to address these issues was Iranian-American philosopher Seyyed Hossein Nasr whose pluralist theology is hospitable to the spiritual input of all faiths; yet the most influential environmentalists today are the British scholars
Mawil Izzi Dien and Fazlun Khalid, whose writings and campaigns have impacted millions of Muslims worldwide. Their appeal to past norms of eco-friendly Shari’a norms and their desire to update them in the present context fits nicely with the Earth’s Charter call for “a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace.”
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position in which reason is empowered to uncover the ratio legis behind the divine injunctions—a distinctly Mu'tazili approach. This shift has been accompanied by a privileging of universal ethical principles (kulliyat), now identified as the aims of the Law (maqasid al-shari'a), over the specific injunctions
of the texts (ju'ziyyat)—a hermeneutic strategy that has often favored public interest (maslaha) as the chief criterion for developing fresh legal rulings in the light of new sociopolitical conditions. The main theoreticians discussed here are Muhammad 'Abduh, Muhammad Rashid Rida, 'Abd al-Razziq Sanhuri, 'Abd al-Wahhab Khallaf, Muhammad Abu Zahra, and Muhammad Hashim Kamali.
theory of human rights? This article begins with an examination of the tensions between religion in general and the secular framing of the Universal Declaration of Human Rights (UDHR). From a historical perspective, it then delves into the history of the relationship between Muslim political and religious leaders and the UDHR. With that background in mind, the author analyzes the positions of three influential Muslim scholars on human rights: Khaled Abou El Fadl’s emphasis on ethics and law; Abdulaziz Sachedina’s recent book Islam and the Challenge of Human Rights (2009), in which he urges the traditionalists to develop a “public theology”; and finally, Abdullahi An-Na’im’s focus on shari’a and the secular state. He concludes that the majority of Muslims worldwide remain more conservative than these authors, and yet they overwhelmingly support the notion of human rights. This bodes well for the growing influence of such reformist thinking and, as a result, for the retooling of traditional Islamic jurisprudence in addressing human rights.
Mawil Izzi Dien and Fazlun Khalid, whose writings and campaigns have impacted millions of Muslims worldwide. Their appeal to past norms of eco-friendly Shari’a norms and their desire to update them in the present context fits nicely with the Earth’s Charter call for “a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace.”
position in which reason is empowered to uncover the ratio legis behind the divine injunctions—a distinctly Mu'tazili approach. This shift has been accompanied by a privileging of universal ethical principles (kulliyat), now identified as the aims of the Law (maqasid al-shari'a), over the specific injunctions
of the texts (ju'ziyyat)—a hermeneutic strategy that has often favored public interest (maslaha) as the chief criterion for developing fresh legal rulings in the light of new sociopolitical conditions. The main theoreticians discussed here are Muhammad 'Abduh, Muhammad Rashid Rida, 'Abd al-Razziq Sanhuri, 'Abd al-Wahhab Khallaf, Muhammad Abu Zahra, and Muhammad Hashim Kamali.
theory of human rights? This article begins with an examination of the tensions between religion in general and the secular framing of the Universal Declaration of Human Rights (UDHR). From a historical perspective, it then delves into the history of the relationship between Muslim political and religious leaders and the UDHR. With that background in mind, the author analyzes the positions of three influential Muslim scholars on human rights: Khaled Abou El Fadl’s emphasis on ethics and law; Abdulaziz Sachedina’s recent book Islam and the Challenge of Human Rights (2009), in which he urges the traditionalists to develop a “public theology”; and finally, Abdullahi An-Na’im’s focus on shari’a and the secular state. He concludes that the majority of Muslims worldwide remain more conservative than these authors, and yet they overwhelmingly support the notion of human rights. This bodes well for the growing influence of such reformist thinking and, as a result, for the retooling of traditional Islamic jurisprudence in addressing human rights.
Mawil Izzi Dien and Fazlun Khalid, whose writings and campaigns have impacted millions of Muslims worldwide. Their appeal to past norms of eco-friendly Shari’a norms and their desire to update them in the present context fits nicely with the Earth’s Charter call for “a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace.”