Many readers, justifiably, skip reading the introduction and start with the first chapter. Christian Witness, Moral Anthropology, and the Death Penalty Richard W. Abu el Fadel presents through very detailed analysis of history and Islamic Jurisprudence different versions of a specific Hadith that mandates duty of obedience on women towards their husbands very strong evidence that this commonly accepted Hadith is indeed fake. A brilliant work on authority in Islamic law, and its application with particular regard to women and legal responsa fatawa on women. It does so by raising a series of questions and by sharing with the reader some of the author's own assumptions and intellectual dilemmas. Their piety is something that is between them and God, and it has no relevance for the discussion in this book.
Includes a powerfully insightful analysis of many controversial fatawa on women, and illustrates why they may or may not hold authority. Importantly, I have changed my mind about several issues discussed in the first book, hopefully, for the better. Put simply, the methodological shortcomings were endemic to Muslim legal discourses at large. It is certainly true that Islamic jurisprudence is one of the crowning achievements of Islamic civilization; it is the repository of a subtle, complex, and illimitably rich intellectual heritage. For the most part, I was wrong. Using both religious and secular sources, the author proposes a new approach that returns to the original spirit of the Muslim legal system in a provocative and thoughtful book that should be required reading for all those interested in Islam, law or women's rights. In fact, I fear that today the remnants of the classical Islamic jurisprudential heritage are verging on extinction.
I have chosen these responsa in particular because, more than any others, they demonstrate the misuse and abuse of God's authority in order to impose a suffocating patriarchy upon Muslim society. The authoritative Background note The notion of authority The authoritative in Islam 3. At this point, Ebrahim Moosa, a formidable Muslim intellectual and scholar, urged me to expand and develop the earlier book into a full-length study, and kindly introduced me to Oneworld Publications. The authoritative Background note The notion of authority The authoritative in Islam 3. The book was banned in some influential Muslim countries, and as a result, was never published in Arabic. Preface ix Induction 1 8 The authoritative 9 77 Background note 9 9 The notion of authority 18 5 The authoritative in Islam 23 63 A summary transition 86 10 Competence 86 3 Determination 89 3 The authoritarian 92 4 The test and authority 96 45 The Qur'an and Sunnah 98 17 Text, determination, and authority 115 17 Unreasonable interpretations and the authoritative 132 9 The construction of the authoritarian 141 29 The iron law of authoritarianism 142 3 Islamic law as a work in movement 145 5 The fundamentals of religion and burdens of proof 150 11 Moral objections and authoritarianism 161 9 The anatomy of authoritarian discourses 170 39 The demise of the juristic tradition 170 7 Consistency 177 3 Selectivity of evidence 180 8 Balancing of interests and the use of discretion 188 21 Faith-based assumptions and determinations demeaning to women 209 55 Prostrating to husbands, licking their ulcers while struggling with Hadith methodology 210 8 Keeping husbands and God happy, and making it to heaven 218 4 Bargaining with crooked-ribs, defective intellects, bad omens, dogs, and women 222 10 Praying in closets, hugging the wall, and the dangers of seduction 232 15 Racism, sexism, and a sense of beauty 247 17 Conclusion: Resisting the authoritarian while searching for the moral 264 8 Appendix: Translated legal opinions by C. Categorical Pardon: On the Argument for Abolishing Capital Punishment J.
This book is a must-read for anyone interested in Islamic law, women in Islamic law, or Islamic dynamics of authority. As a result of this thought process, I expanded the short essay into a modest and rather bashful book entitled, The Authoritative and Authoritarian in Islamic Discourses: A Case Study, published by an Islamic press. Mernissi is considered to be one of the major figures in Feminist thought for both Morocco and Muslim society in general. There's one part that I really want to share about the logic some put behind excluding women from public life with brilliant arguments against it both from a logical standpoint and with Hadiths but it is a whole section in the chapter that I cannot do justice by summarizing into one paragraph. This was the beginning of a rather interesting journey.
The third chapter functions as a summary transition into the fourth and fifth chapters. In this work, the induction is a necessary invitation to the rest of the work. The sixth and seventh chapters present case studies in the construction of the authoritarian in modern Islamic legal practice. The Death Penalty, Mercy, and Islam: A Call for Retrospection Khaled Abou El Fadl p. New Islamic Banks are established with handsome capital. As such, the primary focus of this book is on the notion of the authoritative in Islamic law, in contrast to the authoritarian. The Death Penalty: A Protestant Perspective Gilbert Meilaender p.
It is often maintained that Islamic jurisprudence is the heart and kernel of the Islamic religion. Admittedly, however, I do not believe that, for the most part, this richness has survived the trauma of colonialism and modernity. However this opinion is often unshared by my fellow Muslims. After all Allah has told us only the Quran has never and will never be change. The sixth and seventh chapters present case studies in the construction of the authoritarian in modern Islamic legal practice. The fourth and fifth chapters study the role of the text in the determination of meaning.
The judges who are appointed inside Islamic courts are because of their moral virtues Bakhtiar, 179. In addition, my primary aim in this work is to develop a conceptual framework for analyzing Islamic legal determinations according to their own frame of reference. Abou El Fadl previously taught Islamic law at the University of Texas at Austin Law School, Yale Law School and Princeton University. Most of the case studies focus on responsa dealing with legal issues related to women. The anatomy of authoritarian discourses 170 7. The epistemology and normative premises that guided the development and flourishing of the classical jurisprudential process are now defunct, and whereas the classical jurisprudential tradition, I think, faithfully projected basic constitutional premises that were anti-authoritarian in character, the same cannot be said about the current reality.
This book is quite different from The Authoritative and Authoritarian. Abou El Fadl's books, and this one specifically, gave me hope for the first time since I converted in 2009. This is a work of legal theory and not awork on anthropology or sociology. Nevertheless, I believe this is a separate issue, and I do not deal with the challenges or the meaning of secularism in this book. It started out about five years ago as a short essay criticizing a misogynist legal responsum issued by a Muslim organization in the United States. It is essentially a book that challenges the authoritarianism that has ruled Islamic law for centuries, often depriving groups such as women of rights. A mandatory authority may be orders given by a superior court dictating the decision of a case.
Catholic Teaching on the Death Penalty: Has It Changed? The book used a case study method by focusing on the responsum of a particular Muslim organization as a way of raising the larger issues related to despotism in the practice of contemporary Islamic law. At a broader level, this book explores the idea of speaking for God without pretending to be God or, at least, without being perceived, for all practical purposes, as God. The focus of this book is more narrow; I assume the relevance and desirability of the Islamic juristic tradition, I analyze its theory of authority, the misuse and misrepresentation of this theory in the contemporary setting, and I propose solutions for resisting the authoritarian tendencies in the practice of Islamic law. Abou El Fadl also received formal training in Islamic jurisprudence in Egypt and Kuwait. Citing a series of injustices inslamic society, from the ban on women driving to the restrictions governingemale clothing, El Fadl's thoughtful and cogent study proposes instead aeturn to the original ethics at the heart of the Muslim legal system. Islamic juristic discourse in the United States consisted of a battle between the hadith-hurlers - each party surveys the traditions of the Prophet to find something that can be hurled at the opposite party, and the other parties, naturally, do the same.