Category Archives: Islamic Law

Miniskirting the Issue

Anthropology/Sociology, Gender and Sexuality, Indonesia, Islamic Law


Indonesian women’s rights groups said they were outraged by the comments and called for a stop to the demonization of rape victims

Why is it that men blame women for their own failures? Whenever I hear a variant of the phrase, “Well, he couldn’t help himself,” I can’t but think that this excuse is in need of a lot of help. In Indonesia there is a bill being considered in parliament that would ban female lawmakers from wearing provocative clothing, such as miniskirts. Given that the number of Indonesian lawmakers wearing miniskirts must be a whopping minority, why is this needed? Here is the rationale:

“We know there have been a lot of rape cases and other immoral acts recently, and this is because women aren’t wearing appropriate clothes,” house of representatives speaker Marzuki Alie said.

“Women wearing inappropriate clothes arouse men, so it needs to be stopped. You know what men are like — provocative clothing will make them do things.”

So men rape women because women wear miniskirts. I have not seen the statistics, but I suspect the majority of women in Indonesia do not fall for the idea that all they have to do is dress conservatively and there will be no danger of a man raping them. This notion that the male rapist cannot really be blamed because “provocative clothing will make them do things” is not limited to any national or religious group. What is rather bizarre in this case is that the ban would only be to protect male lawmakers and not for the public at large. So either there is an epidemic of male lawmakers raping female lawmakers in Indonesia or these males are so easily aroused that the ban need only be to stop those provocative female lawmakers. I guess once outside the parliament building, male lawmakers can contain themselves. Continue reading Miniskirting the Issue →

The Cost of Orientalism

CyberOrient, Islamic History, Islamic Law, Islamic Sciences, Islamic Sects, Islamic Texts, Miniatures, Orientalism


left, Illustration of the phases of the Moon (Or. 133, Golius collection) ;right, Firdawsi, Shahnama (15th century, Or. 494)

There are thousands of Middle Eastern manuscripts preserved in European libraries. One of the famous collections is that of Leiden University. Imagine if those were available online? It would be a dream come true for budding scholars and the old guard alike. A dream, indeed. Leiden University has joined with Brill to provide this collection online, but at a cost. The price posted is a mere (I mean only an emir can afford it) $25,900. I suspect it will take only a few sales to recoup the costs of onlining the manuscripts (and perhaps onlining the profits of both the Leiden libraries (a worthy cause) and Brill (a publisher that already charges so much that few can afford their books). Actually, it may be cheaper to matriculate at Leiden University, since university members have free access.

For those who are interested (either to lament or to have lots of money and little to do with it), here are the details:
Continue reading The Cost of Orientalism →

Political Cultures and the Revolution in the Cyrenaica of Libya

"Arab Spring", Anthropology/Sociology, Islamic Law, Libya


Spray painting the Libyan revolution

by Thomas Hüsken, Anthropology News, January, 2012

This commentary will explore some actors and patterns of the recent political culture in the Cyrenaica region of Libya with special regard to the revolutionary events. This political culture is shaped by the polymorphy of tribal, Islamic and civil urban forms of political organisation as well as varying notions of power and legitimacy.
Tribe and Revolution

In his early years Gaddafi abolished the tribe as a legal unit and reorganised local administrative structures, explicitly replacing tribal politicians with followers of the revolution. However this collided with the political, social and cultural realities in the country. In the past decades of Gaddafi’s regime tribal leaders had not only come to dominate and control a significant part of the state but also charged the political culture with tribal notions and practices. It is thus not surprising that tribal politicians have not been at the forefront of the revolution. Nevertheless they have actively shaped and organized a great deal of the transitional political order in the last months. They have come to dominate the local transitional councils in Cyrenaica due to their skills as producers of order and conflict mediators on the basis of the tribal customary law. They have gained significant influence in the National Transitional Council (NTC). The production of order is accompanied by a broad common sense on tribal culture among the population. Both build the legitimacy of these leaders. The political practice of these politicians is shaped by a consensus-oriented process of moderation and negotiation that is embedded in tribal traditions but is also informed by their education and by experiences in governance and business. Their political visions focus on the continuation of a regional and local intermediary rule between the central state and the people. The reintroduction of polygamy and Sharia by NTC Chairman Mustafa Abdul Jelil in November 2011 was an affirmative signal towards these leaders. In my understanding they will play an important role in the political future of post-Gaddafi Cyrenaica and in Libya as a whole. Continue reading Political Cultures and the Revolution in the Cyrenaica of Libya →

Yusuf al-Qaradawi: Fatwa on Islam and Democracy

"Arab Spring", Islamic Law, Islamic Texts, Qatar

by Yusuf al-Qaradawi, Islamopedia, June 27, 2011

The Islamic state is a civil one, like other governments in the modern world and the only difference is that it makes Islamic Shari’a its reference. We would like to highlight, in this chapter, that the Islamic state is based on the Shura Council, allegiance, free choice of the nation to its ruler, advice to him, accountability of him, obedience to him, break of his allegiance if he commands sin, and the nation’s right to dismiss him if he insists on straying and deviation. This approach makes the essence of the Islamic state close to the democratic one.

By democracy we mean political democracy. As economic democracy is concerned, it means capitalism and it has its advantages and disadvantages, so we have been conservative about it while the social democracy means liberalism holding the absolute freedom, and we have been conservative about it too. Capitalism (of Qaron, a king of the past) is unacceptable to us since it is based on an idea of wealth refused by the Holy Quran. As Qaron said about his wealth, “I have been given it according to my knowledge”(stories: 78). Or as people said to Prophet Shoaib, “Does your prayer command us to leave what our fathers worshiped or that we do in our money what we want (Hud: 87).

According to Islamic thought, human being are heirs to the wealth of God. The Quran said: spend of that He made you heirs in it (Iron: 7). The true owner of the wealth is Allah while the rich man is trustee of this wealth and agent of the real owner. So ownership is bound with some duties and obligations as it is constrained in consumption, investment, distribution and circulation. Also, the giving of alms (Zakat) is imposed on the wealthy as one of the pillars of Islam. And usury, monopoly, fraud, injustice, extravagance, luxury, treasuring and other transactions are prohibited to the owners. With these admonitions and law, we could dull the dangerous nail of the capitalism, so as to achieve social justice, care for vulnerable groups in society such as orphans, the needy and the wayfarers, and work on a better distribution of the wealth “in order not to be the circulated among the rich of you” (al-Hashr: 7). Continue reading Yusuf al-Qaradawi: Fatwa on Islam and Democracy →

الأزهر والزنداني والدولة المدنية

"Arab Spring", Islamic Law, Journalism and Media, Yemen


محمدعبدالملك المتوكل

د.محمدعبدالملك المتوكل, المصدر أونلاين

بتاريخ 21/6/2011م نشرت جريدة الأهرام وثيقة الأزهر بشأن مستقبل مصر وبتاريخ 9 يوليو2011م نشرت جريدة الشارع هجوماً للشيخ الزنداني على الداعين للدولة المدنية والشرعية الثورية مطالباً لهم مراجعة دينهم، ومن المفيد للقارئ أن يعلم أن الأزهر بعلمائه والشيخ الزنداني بجامعته كلهم ينتمون إلى مذهب أهل السنة والجماعة ولكن، وللناس فيما يعشقون مذاهب.

حدد بيان الأزهر أحد عشر مبدأ نذكر منها خمسة مبادئ أساسية تتعلق بنظام الحكم.
الأول: تأسيس الدولة الوطنية الدستورية الديمقراطية الحديثة التي تعتمد على دستور ترتضيه الأمة يفصل بين سلطات الدولة ومؤسساتها القانونية الحاكمة ويحدد إطار الحكم ويضمن الحقوق والواجبات لكل أفرادها على قدم المساواة بحيث تكون سلطة التشريع فيها لنواب الشعب. وينسجم ذلك مع المفهوم الإسلامي الصحيح، فالإسلام لم يعرف لا في تشريعاته ولا حضارته ولا تأريخه ما يعرف في الثقافات الأخرى بالدولة الدينية الكهنوتية التي تسلطت على الناس.. بل ترك للناس إدارة مجتمعاتهم واختيار الآليات والمؤسسات المحققة لمصالحهم مع اشتراط أن تكون المبادئ الكلية للشريعة الإسلامية هي المصدر الأساسي للتشريع وبما يضمن لأتباع الديانات السماوية الأخرى الاحتكام إلى شرائعهم الدينية في قضايا الأحوال الشخصية.
Continue reading الأزهر والزنداني والدولة المدنية →

New Orientalism at a German University?

Contemporary Art, Iran, Islamic Law, Islamophobia 101, Orientalist Images, Qur'an, Shi'a

By Andreas Neumann, Erlangen Center for Islam & Law in Europe (EZIRE)

Recently, at one of the many German universities of excellence (names do not matter), students and other citizens were invited to a lecture with the title: “Stoning: a Non-Islamic tradition.” The hosts were the Seminar for Arab and Islamic Studies and the Institute of Criminal Sciences. The picture represented here is taken from the poster hanging all over the campus and also in the city. At its center, you see a huge hand on the point of casting a crude edged stone in the direction of the observer. In the foreground, there is an olive branch. The colors in the background evoke the national flag of Iran flying in wind. A short analysis might be fruitful. The picture is an example of contemporaneous stereotyped thinking and also transports a message contrary to the requirements of reason.

The hand, disambiguated by the context, symbolizes the gruesome act. It is combined with the enlarged olive branch. The olive branch was a symbol of peace in Greek and Roman antiquity, when it also was worn as an adornment by brides. Retrospectively, it was associated with Noah who sent out a dove which returned with an olive leaf in its beak (which became a branch in the Vulgate). This sign indicated that the water was receding. There might exist an older model of this image, since the association of the dove, the olive branch or even the rainbow with peace does not follow conclusively from the text. The Quran has not taken it over in its frequent references to the Genesis version of the story of the Flood (also see the account by Heinrich Speyer, Die biblischen Erzählungen im Qoran, Gräfenhainichen 1931, pp. 89-115). Nevertheless, the olive tree (by the way, in German more often called “Ölbaum”, oil tree) is cited several times in the Quran, especially in the beautiful verse of the light, Q 24:35, where the blessed olive tree in question is characterized as neither Eastern nor Western (cf. Zechariah 4:3-11). The olive branch has become an international symbol of peace and is represented on the emblem of the United Nations, where two of them symmetrically embrace a map of the world. Continue reading New Orientalism at a German University? →

N is for nabidh…

Books You Should Read, Food and Drink, Islamic Law


In a previous post I introduced a delightful read and a handy recipe book entitled Ziryab: Authentic Arab Cuisine by Farouk Mardam-Bey and illustrations by Odile Alliet. The “Logbook” at the end of the text is an entertaining alphabet of stories about Arabic good and drink. Here is the selection on a type of wine that the Prophet Muhammad drunk:

N for Nabidh

In most Arab countries today, the word “nabidh” means “wine.” It used to be quite a different beverage, which was made by macerating grapes, dates, or other fruits for some time in water. The Prophet himself loved it. According to the most authentic hadith, he never let the fruit macerate longer than three days. But such a beverage tends to ferment quickly in the heat, and a furious controversy developed among Muslim lawmakers, about whether or not it was licit to drink it. For most of them, the Malikitesm the Shafi‘ites, and the Hanbalites, as well as the Shi‘a Muslims, it was not permitted, and those who drank nabidh were to be punished with forty or eighty lashes, just like those who drank wine. On the other hand, the Hanafites were nice enough to authorize this drink under certain conditions. And the Mu‘tasilites – Jubba’i among them believed that the faithful could drink it as much as they liked in order to get familiarized on earth with the pleasures awaiting them in the Hereafter. Continue reading N is for nabidh… →

To hell with Bin Laden?

Ethics, Islamic Law, Islamic Rituals, Osama Bin Laden


For the past decade it has been “Where the hell is Bin Laden?” Now that he is dead at last, the tabloid mantra is “ROT IN HELL,” at least for the medium of unsubtleness known as the NY Daily News. In less than 24 hours after his James Bond style killing a website appeared on Facebook called Osama Bin Laden is Dead. As can be seen from the screen shot below, the insults of revenge are having their day.


I have no sympathy for Bin Laden, whose obstinate hatred has resulted in an extraordinary waste of life both among Muslims and non-Muslims, but wishing him to hell makes about as much sense as a loony in Florida burning the “Koran.” Continue reading To hell with Bin Laden? →