Category Archives: Islamic Law

Reforming Islamic family law

Development, Gender and Sexuality, Islamic Law, Morocco, Saudi Arabia

Reforming Islamic family law within the religious framework: the « best practices » strategy
by Khalid Chraibi

Many people in the Muslim world believe, wrongly, that shari’ah is a compilation of legal rules which are uniformly applied in all Muslim countries. But, the facts are otherwise: these rules vary significantly from one country to another, as well as over time. As a result, the status of women in Muslim countries, which is ruled by shari’ah, differs in many ways from one country to another. On any given issue, some national “personal status codes” grant more rights to women or better protect their interests than other codes.

According to feminine NGOs working in the field of Muslim women’s rights, if Governments accepted to apply the more favourable rules on any Islamic family law issue (designated as the “best practices”), this would contribute significantly to the reform of family law “within the religious framework”, bringing it closer to contemporary international standards. Continue reading Reforming Islamic family law →

April through March Fools

Islam in America, Islamic Law, Islamophobia 101, Journalism and Media

Most of us probably passed April Fools Day with only minor irritations. After all, fooling in jest is sort of fun. Then there are those fools who seem to operate 365 days a year and stream into our consciousness non stop. Take, for example (and it is a very foolish example that unfortunately fools quite a few people) Fox News Facts (and please forgive the oxymoron but remember the moron part). On April 1 anchoress Alisyn Camerota interviewed one Nonie Darwish about the appointment of Harold Koh, a former dean at Yale, to be the State Department legal advisor. The following is the transcript, and you can watch the video here.

ALISYN CAMEROTA (Fox anchor): The White House is defending its nominee to be State Department Legal Adviser. Now, some of the criticism of this nominee, Harold Koh, is based on remarks that he reportedly made saying that Islamic Sharia law should apply in U.S. courts, even though those laws are used in some countries to justify stripping women of basic rights and even worse, frankly. Continue reading April through March Fools →

A Fatwa that Hits Back

Gender and Sexuality, Islamic Law, Turkey

Fatwa Gives Women the Right to Hit Husbands

Riyadh, Asharq Al-Awsat – A fatwa originating from Turkey has given women the right to strike their husbands in cases of self-defense.

Sheikh Mohsen al Obeikan, an adviser to the Saudi Ministry of Justice and a member of the Saudi Shura Council agreed with some Islamic scholars in Turkey and Egypt in this regard. “This [issue] is acknowledged by Islamic jurists and it has roots in Islamic Shariah, the Quran and the Hadith [Prophetic traditions],” said the Sheikh. He referred to the following excerpts of the Quran: ‘The recompense for an injury is an injury equal thereto (in degree),’ [Surat Ashoura: 40] and ‘…whoever then acts aggressively against you, inflict injury on him according to the injury he has inflicted on you…’ [Surat al Baqara: 194] Continue reading A Fatwa that Hits Back →

Rethinking Jihad conference

Conferences and Talks, Islam and Christianity, Islamic Law, Islamophobia, Terrorism Issue

International Conference
“Rethinking Jihad: Ideas, Politics and Conflict In the Arab World and Beyond”

The University of Edinburgh, 7-9 September 2009

Especially since 11 September 2001, the notion of ‘jihad’ has assumed
centre-stage in public and academic discourses on Islam, Muslims, and the
Arab world, particularly as a byword for terrorism and violence. But
clearly jihad has meant different things to different people at different
times, whether as theory, as action or as metaphor. As a timely exploration
of this diversity, the Centre for the Advanced Study of the Arab World
(CASAW) is convening a major international conference on the subject of
jihad in its multiple dimensions. The conference has three overarching
goals. The first is to bring together academics and others from a variety
of disciplines and specialisations to generate an in-depth discussion of
jihad in its practical, theoretical, historical, juridical and symbolic
dimensions. It is hoped that by drawing on a diversity of perspectives
(methodological, historical and geographical) the conference will contribute
to a deeper and more critical understanding of jihad. The second goal is to
reflect critically on the importance of jihad, however defined, to the study
of the Arab and Islamic worlds: to what extent is jihad a useful analytical
concept? Have students of Islam and the Arab world minimised or overstated
its importance? How should jihad be located in future research agendas?
Finally, the conference will seek to engage with the broader knowledge
community and explore current understandings and representations of jihad
within policy and media circles internationally. It will critique these
representations, as well as explore ways in which academics might contribute
to an improved understanding and contextualisation of jihad in public
discourse. Continue reading Rethinking Jihad conference →

The OIC does not speak for Muslims

Books You Should Read, Islam in America, Islam in Europe, Islamic Law, Pakistan, Terrorism Issue

The OIC does not speak for Muslims

by Tarek Fatah, Muslim Canadian Congress, UN Geneva

I speak to you as a Muslim who was born in Pakistan and lived there for 30 years and moved to Saudi Arabia where I worked for 10 years. Since 1987 I have called Canada my home. As an author, journalist and Muslim activist, I have seen the role and agenda of both the soft and hardcore jihadis unfold before my eyes and across the Muslim world.

I approach the issue of freedom of speech and freedom of expression embodied in the 1948 UN Declaration of Universal Human Rights as defending a treasured right that few of my co-religionists can dream off, let alone cherish or possess. We are over a billion strong, but almost all of us live under varying forms and degrees of dictatorship and oppression. Barring a few exceptions such as Turkey, Malaysia and Indonesia, and very recently Pakistan, Muslims live under the tyranny of rulers like those of Iran and Saudi Arabia who have used the religion of Islam as a tool to secure absolute power, and to trample all over the human rights of their citizens.

Barely a day goes by without news of gross violations of human rights of Muslims living in so-called Islamic countries. Whether it is honour killings of sisters and mothers or the harassment of gays and calls for their death; whether it is imprisonment of political opponents or attacks on minorities, we Muslims who live in the West are constantly reminded of the rights we enjoy under secular parliamentary democracies as individual human beings. Continue reading The OIC does not speak for Muslims →

A Secular State Must Deliver

Books You Should Read, Ethics, Islamic Law

by Mohammed Bamyeh, The Immanent Flame, SSRC Blogs, June 20, 2008

It is hard to disagree with the main arguments of Abdullahi an-Na’im’s impeccable book: a healthy religious life requires a secular state, even as political life may remain infused with the religious values of the population. And the historical examples provide added credence to the point. An Islamic state as such never existed historically, even though pre-modern states cannot be regarded as secular in the contemporary sense of the word. But there has never been a state in Islamic history that fused entirely religious and political authority after Muhammad, and it is far from obvious that Muhammad’s own Medina community constituted a state or was meant as a model for any state. All states in Islamic history had a more clearly defined political than religious character, even as they used religion for their purposes or were expected to fulfill some religious roles. In effect, they were political entities that survived to the extent that they accommodated themselves to the diversity (including legal diversity) of Islam and other local traditions. Colonial rule is to blame for rigidifying the sense of what Islam meant, namely by codifying diverse, flexible religious traditions into standard legal formats and ignoring the fluidity of communal boundaries between Muslims and non-Muslims. However, this rigid colonial perspective on the meaning of religiosity and identity was inherited by contemporary Islamic political movements and states claiming to be Islamic. Continue reading A Secular State Must Deliver →

FGM, Early Marriage and Juvenile Delinquents

Gender and Sexuality, Islamic Law, Yemen

MPS say: no to genital mutilation, 18 is minimum marriage age, juveniles cannot be punished as adults

By: Kawkab Al-Thaibani For the Yemen Times

SANA’A, June 24 — A two-day workshop in Parliament concluded that the minimum marriage age in Yemen should be 18, and the sponsors of both brides and grooms should be punished if they allow them to marry under this age.

The workshop’s participants also concluded that juvenile delinquents between the ages of 15 and 18 are not equal to adult criminals. They further recommended laws banning female genital mutilation.

The workshop covered three main areas: the criminality of juveniles, female genital mutilation, and the minimum age of marriage. These three subjects were chosen because the existing laws concerning them are not specific enough and are often ignored.

This workshop was arranged by Parliament, the Higher Council for Motherhood and Childhood, and the Yemeni Network Combating Violence Against Women known as SHIMA, under the sponsorship of the UN Children’s Fund (UNICEF), OXFAM International, and Save the Children, a worldwide children’s rights organization. Attendees included members of the Sharia Committee, who matches the constitutional laws with Islamic sharia law, Parliament members (MPs), doctors and human rights activists. Continue reading FGM, Early Marriage and Juvenile Delinquents →

The State of Statements on the Islamic State

Islamic History, Islamic Law, Terrorism Issue

In the latest New York Review of Books, Malise Ruthven offers a cogent review of nine recent books about Islam and terrorism. Here is a brief excerpt about Noah Feldman’s The Fall and Rise of the Islamic State. Check out the online article for the full review.

Excerpt from Malise Ruthven, “The Rise of the Muslim Terrorists,” New York Review of Books, Volume 55, Number 9, May 29, 2008

Jihadis are not the only political activists seeking an Islamic state that will restore the Sharia—the holy law of Islam—to the position it held in pre-colonial times. In a short but masterful exposition, The Fall and Rise of the Islamic State, Noah Feldman seeks to answer a question that puzzles most Western observers: Why do so many Muslims demand the “restoration” of a legal system that most Occidentals associate with “medieval” punishments such as amputation for theft and stoning for sexual transgressions? What do they mean by, and expect from, an Islamic state?

Feldman’s analysis focuses on the crucial responsibility of the Ottoman state for the decline of the Sharia. Pre-modern Islamic societies were for the most part governed according to an informal division of authority between the military rulers (often outsiders such as the Mamelukes, recruited from warrior societies, which were far removed from Islam’s cultural centers) and the religiously trained class of legal scholars conversant with the law. The informal compact comparable to, but different from, the feudal arrangements in the West conferred legitimacy on the military men on condition that they upheld the authority of the scholars. The system of scholarly control over law encouraged “stability, executive restraint, and legitimacy.” Continue reading The State of Statements on the Islamic State →