: The corpus of fatwa named as Bostānu Shaqā’iq al-Nuʿmān, recorded in the Veliyuddin Efendi section under the number 1414 at Beyazıd State Library. It has been ignored so far. Because of its name, it may be thought that it is a part of Tashkoprulüzāde’s book Shaḳā’iḳ-i Nuʿmāniyya, but it is a nuqullu fatwa collection of Babakūshī ʿAbdurrahmān Efendi. In the famous Shaqā’iq appendix Atā’ī, which gives information about the biography of Abdurrahmān Efendi does not mention (...) the book with this name. Abdurrahman Efendi who was from a family in Plovdiv region worked in different positions in Istanbul and Edirne. Then, he was appointed as a mufti to Kefe, Crimea. He died in 983/1576. There is no information about his scholarly identity in ‛Aṭā‛ī except being the intern of Abū l-Suʿūd Efendi. In this essay, first of all, the place of Babakūshī in Ottoman Islamic Law tradition will be determined, and the features of the manuscripts and some notes on the postscript will be studied. In assessment section, especially because of the notes on the manuscripts, it has to be studied in terms of Islamic Law literature and its place should be figured out in fatwa literature. Summary: Nuqullu Fatwa collections that included citations were the books that were created for people to have access to the ruling on legal issues of scholars who were appointed as Muslim judges or muftis together with their sources and background. Although there are several studies in the literature about fatwa collections with citations Babakūshī ʿAbd al-Raḥmān Efendi's book titled Bostânu Shaqā'iḳ al-Nuʿmān was not included in the literature. ‛Aṭā‛ī provides information about the life of Babakūshī Abdurrahman Efendi. Atâ'î explains that he climbed the stairs with the help of Baba Efendi and joined the special group of people with aptitude at the level of apprenticeship. Then he raised also to the level of being the intern of Abū l-Suʿūd Efendi. Later, Babakūshī ʿAbd al-Raḥmān started to teach. He taught as a teacher for three years in Istanbul and then became the Mufti of Kefe replacing Molla Akmal al-Dīn. Molla Ekmeleddin, who was better known as Ekmel Efendi, just like ʿAbd al-Raḥmān Efendi, was an apprentice of Abū l-Suʿūd Efendi and would later be transferred to Cyprus after the island was conquered. According to Aṭā‛ī, ʿAbd al-Raḥmān Efendi remained in that position which he was appointed as Ṣahn teacher until his death and died in Zilqāda 983/February 1576. The highest position that Babakūshī took among the religious scholars organization in the Ottoman Empire was being the Mufti of Kefe. As stated by ‛Aṭā‛ī, he was appointed as the Mufti of Kefe with the title of Ṣahn teacher. Instead of giving information about his teachers, ‛Aṭā‛ī mostly concentrated on Baba Efendi who was one of his relatives. Therefore we do not have information about his mentors/teachers. We can say that he belonged to the Ottoman school of scholars since he was an apprentice of Abū l-Suʿūd Efendi. The copy which is the subject matter of this study is registered as Veliyüddin Efendi with number 1414 at Bāyezıd State Library. According to our research, the copy which has 237 sheets is the only copy of the book. From the expressions of Babakūshī in the preface, it is concluded that the book was written close to his death. There are several notes written with different pens as footnotes of the book. Here, four of them which are considered to be more important will be identified.First: Notes written with the same pen as the main text. These are generally citations from books such as Tatarkhāniyye, Hidāya, ‛İnâya, Kashf al-Asrâr Sharḥu Manār.Second: are 'maṭlabs' i.e. important matters. Third: are relatively inelaborate notes. These were written by someone who we thought was not a copyist/calligrapher when compared with the general style of the book. Fourth: Warning notes which included some questions. These are generally in Turkish. The preface of the book, provides sufficient information about who the author was and the nature of the book. ʿAbd al-Raḥmān Efendi, with the intention of writing a collection, started to research taking into account imams' and shaykhs' nāsikh and mensūkh and he also considered sheikhs' explanations about what was definite and what needed caution and taqwa in practice. He recorded that this search lasted for 3 years and he referred especially to Fatāwa-yi Qādikhān and Fatāwa-yı Tatarkhāniyya within this period and additionally reviewed and studied Islamic Law books that he found in the Ottoman Empire. He described that he divided these into chapters and inserted subject matters in the footnotes. Then he described how he gave the title, Bostānu Shaqā'iḳ al-Nuʿmān to the book emphasizing especially bostan.This could be seen in the expression, Masīratan li'l-Qudāt. No reference was made to Shaqā'iḳ al-Nuʿmān in the title of the book. Probably he had his intentions due to the famous book titled Şeḳ' āiḳ-i Nuʿmaniye and his pupils). In the chapter which started with Fasl right after the preface the author said that fatwa would be issued based on the opinions of three imams, namely Abū Ḥanīfa, Abu Yūsuf and Imām Muhammed that their madhap was followed and their good morals were observed. Then, it was stated that the Mufti could issue fatwas according to the opinions of first, Abū Ḥanīfa, then Abu Yūsuf and finally Imam Muḥammed. It was also stated that if he could not find their opinions and had himself muctehid, he could give his ictihad. The Fatwa collection, Bostān, is an important work among the 16th century Ottoman books since it is an important scholar's book who had witnessed Islamic knowledge in the central Ottoman Empire and Crimean region. (shrink)

Islamic Financial Institutions have recently witnessed remarkable growth driven by their holistic business model. The key differentiator of IFIs is their Shari’a-based business proposition which often requires some financial sacrifices, e.g. being ethical, responsible and philanthropic. It also requires them to refrain from investments in tobacco, alcohol, pornography or earning interest. For IFIs’ sponsors and managers, however, the key motivational factor for entering the Islamic financial market is not the achievement of Shari’a objectives through the holistic business model, but rather (...) the urge to tap this highly profitable market where customers are inclined to pay a premium for Shari’a compliance. In order for IFIs to be accepted by the market, their financial instruments need to be approved by Shari’a scholars, known for their integrity and expertise in Shari’a. One can therefore expect potential tensions between IFIs’ managers and Shari’a scholars. The purpose of this research is to probe the hidden struggle between managers and Shari’a scholars in pursuit of their respective objectives. The study investigates this phenomenon using grounded theory as a methodological framework based on data collected from three IFIs from two countries. The findings reveal that Shari’a scholars and managers of IFIs have divergent objectives, which creates incongruence of objectives at the strategic level. The findings illustrate the tension and latent struggle for Shari’a compliance, which has been termed as ‘Fatwa Repositioning’ resulting in four possible consequences: deep, reasonable, minimum and superficial Shari’a compliance. Fatwa Repositioning is the core category of this study, which exhibits how managers and Shari’a scholars struggle to position the Shari’a compliance of their institutions so as to best serve their respective objectives. Interestingly, Shari’a scholars are seemingly not always in control of what they are supposed to be controlling, i.e. Shari’a compliance. (shrink)

This article focuses the divorce oaths reflected in fatwās from Ottoman social life, oathbreakings and the remedies muftīs suggested to nullify divorce oaths. The purpose of the article is to describe the usage areas of the divorce oath in Ottoman social life, the problems within and outside of marriage it created, and the ways to solve these problems, based on the issues consulted to muftīs. The fatwās used as a data source in the article are limited to those have personally (...) been asked to Hanafī muftīs who served in Anatolia and Rumelia between the 16th and 18th centuries. The article is a study of the history of law that uses the fatwās in the collections, most of which are found as manuscripts, as the main data source. The acceptance of conditional divorce as a kind of oath in the Hanafī legal tradition paved the way for its use in Ottoman social life for different purposes beyond divorce. A great number of fatwās indicate that the divorce oath of husband in the family was sometimes a means of restraining and educating the wife, and sometimes a counter measure some rules of the Hanafī madhhab that may cause victimization of the wife. In social life, the divorce oath was used to reinforce personal decisions, it often functioned as a verbal guarantee in debt relations, and allowed the authorities to put pressure on people. Violation of the divorce oaths would in many cases cause serious family problems. Therefore Ottoman muftīs suggested some remedies to nullify divorce oaths. These remedies generally are proxy, marriage by unauthorized person and to divorce the wife-to break the oath-to remarry the wife. The article describes and interprets numerous fatwās on which these findings are based, in the light of Hanafī legal doctrine. (shrink)

When it is ethically justifiable to stop medical treatment? For many Muslim patients, families, and clinicians this ethical question remains a challenging one as Islamic ethico-legal guidance on such matters remains scattered and difficult to interpret. In light of this gap, we conducted a systematic literature review to aggregate rulings from Islamic jurists and juridical councils on whether, and when, it is permitted to withdraw and/or withhold life-sustaining care. A total of 16 fatwās were found, 8 of which were single-author (...) rulings, and 8 represented the collective view of a juridical council. The fatwās are similar in that nearly all judge that Islamic law, provided certain conditions are met, permits abstaining from life-sustaining treatment. Notably, the justifying conditions appear to rely on physician assessment of the clinical prognosis. The fatwās differ when it comes to what conditions justify withdrawing or withholding life- sustaining care. Our analyses suggest that while notions of futility greatly impact the bioethical discourse regarding with holding and/or withdrawal of treatment, the conceptualization of futility lacks nuance. Therefore, clinicians, Islamic jurists, and bioethicists need to come together in order to unify a conception of medical futility and relate it to the ethics of withholding and/or withdrawal of treatment. (shrink)

When Muslims thought of establishing milk banks, religious reservations were raised. These reservations were based on the concept that women's milk creates ‘milk kinship’ believed to impede marriage in Islamic Law. This type of kinship is, however, a distinctive phenomenon of Arab tradition and relatively unknown in Western cultures. This article is a pioneer study which fathoms out the contemporary discussions of Muslim scholars on this issue. The main focus here is a religious guideline (fatwa) issued in 1983, referred (...) to in this article as ‘one text’, by the Egyptian scholar Yūsuf al-Qaradāwī who saw no religious problem in establishing or using these banks. After a number of introductory remarks on the ‘Western’ phenomenon of milk banks and the ‘Islamic’ phenomenon of ‘milk kinship’, this article analyses the fatwa of al-Qaradāwī‘one text’ and investigates the ‘two contexts’ in which this fatwa was discussed, namely, the context of the Muslim world and that of Muslim minorities living in the West. The first context led to rejecting the fatwa and refusing to introduce the milk banking system in the Muslim world. The second context led to accepting this system and thus allowing Muslims living in the West to donate and receive milk from these banks. Besides its relevance to specialists in the fields of Islamic studies, anthropology and medical ethics, this article will also be helpful to physicians and nurses who deal with patients of Islamic background. (shrink)

Organ transplantation from living related donors in Bangladesh first began in October 1982, and became commonplace in 1988. Cornea transplantation from posthumous donors began in 1984 and living related liver and bone marrow donor transplantation began in 2010 and 2014 respectively. The Human Organ Transplantation Act officially came into effect in Bangladesh on 13th April 1999, allowing organ donation from both brain-dead and related living donors for transplantation. Before the legislation, religious leaders issued fatwa, or religious rulings, in favor (...) of organ transplantation. The Act was amended by the Parliament on 8th January, 2018 with the changes coming into effect shortly afterwards on 28th January. However, aside from a few posthumous corneal donations, transplantation of vital organs, such as the kidney, liver, heart, pancreas, and other body parts or organs from deceased donors, has remained absent in Bangladesh. The major question addressed in this article is why the transplantation of vital organs from deceased donors is absent in Bangladesh. In addition to the collection of secondary documents, interviews were conducted with senior transplant physicians, patients and their relatives, and the public, to learn about posthumous organ donation for transplantation. Interviews were also conducted with a medical student and two grief counselors to understand the process of counseling the families and obtaining consent to obtain posthumous cornea donations from brain-dead patients. An interview was conducted with a professional anatomist to understand the processes behind body donation for the purposes of medical study and research. Their narrative reveals that transplant physicians may be reticent to declare brain death as the stipulations of the 1999 act were unclear and vague. This study finds that Bangladeshis have strong family ties and experience anxiety around permitting separating body parts of dead relatives for organ donation for transplantation, or donating the dead body for medical study and research purposes. Posthumous organ donation for transplantation is commonly viewed as a wrong deed from a religious point of view. Religious scholars who have been consulted by the government have approved posthumous organ donation for transplantation on the grounds of necessity to save lives even though violating the human body is generally forbidden in Islam. An assessment of the dynamics of biomedicine, religion and culture leads to the conclusion that barriers to posthumous organ donation for transplantation that are perceived to be religious may actually stem from cultural attitudes. The interplay of faith, belief, religion, social norms, rituals and wider cultural attitudes with biomedicine and posthumous organ donation and transplantation is very complex. Although overcoming the barriers to organ donation for transplantation is challenging, initiation of transplantation of vital organs from deceased donors is necessary within Bangladesh. This will ensure improved healthcare outcomes, prevent poor people from being coerced into selling their organs to rich recipients, and protect the solidarity and progeny of Bangladeshi families. (shrink)

: The founder of Wahhabism, Muḥammad ibn ‘Abd al-Wahhāb, is on the side of those who advocate that ijtihād’s gate is open. In his thought, the continuity of knowledge about the truth is based on the sustainability of ijtihād, and in every period, there have been mujtahids to interpret the nass in consistent with the issues. The later scholars have developed the thoughts related to ijtihād on this platform. Wahhābī thought does not describe madhhab as a systematic integrated approach. According (...) to them, the madhhab is the ḥukm that were made within the discretion of mujtahids on the basis of nass on the issues open and free to ijtihād. With this approach, they have tried to explain what refers to the word of “Our madhhab is the one of Ahmad ibn Hanbal ”. It has been suggested that this acknowledgment does not mean taqlīd that the words of madhhab imāms are replaced with the Qur’ān and Sunna just as some other members of madhhab do so. Either Muḥammad ibn ‘Abd al-Wahhāb or his disciples have based their own opinions of such as ijtihād, madhhab, taqlīd, ittibā and ikhtilāf upon the proofs that Ḥanbalī Madhhab, Ibn Taymiyya and Ibn Qayyim used. Our aim in this study is to determine how the issues regarding such as ijtihād,taqlīd, madhhab, ikhtilāf, etc. were examined in the primary sources that formed Wahhābī thought. In the early period Wahhābī sources, it is not possible to find definitions of Islamic law in technical terms. Topics have been dealt with within the framework of the answer to a problem/fatwā or a criticism. For this reason, our method will be based on reaching a conclusion about "The Status of Ijtihād in the Early Period of Wahhābī Thought and The Meaning of Commitment to a Madhhab on Fiqh." in the light of the opinions of the first period thinkers. Summary: The connection and similarity of the Wahhābī movement, which started in the Islamic world at a time close to the time when the reform ideas appeared, have been hesitantly welcomed for a few reasons. The fact that members of the Wahhābī movement are intolerant in terms of reform in people’s beliefs, and they use the concept of takfīr, are chief among these reasons. Another reason is that Muḥammad ibn ‘Abd al-Wahhāb does not accept any religious discipline and individual as an authority. The reactions and discourses developed by Wahhābī thinkers against the established practices of faith, ijtihād, taqlīd and denominationalism has brought many objections and criticism. The founder of Wahhabism, Muḥammad ibn ‘Abd al-Wahhāb, is on the side of those who advocate that ijtihād’s gate is open. In his thought, the continuity of knowledge about the truth is based on the sustainability of ijtihād, and in every period, there have been mujtahids to interpret the nass in consistent with the issues. According to him, in a number of controversial cases where no right path has been declared in the naṣṣ, all the efforts of a believer should be focused on understanding the command of God and his messenger and act accordingly. Muḥammad ibn ‘Abd al-Wahhāb does not seek the condition of being a mujtahid to understand the Qur’ān and the sunna. He therefore opposed those who claimed that it is imperative for non-mujtahids to taqlīd a madhhab to understand the provisions of religion. According to him, everybody who has the ability to understand the Qur’ān and the sunna must make ijtihād. Blind allegiance to man-made law against the teachings of God and the Qur’ān is a type of shirk. Fuqahā’ are human and not infallible. The ‘ulamā’ that followed also developed their thoughts about ijtihād and taqlīd on this ground. The Wahhābīs say that they do not completely reject the taqlīd of the ‘ulamā’, but what they do not accept is no one, except the absolute mujtahid, can perform ijtihād. Differentiating ittibā‘, which means accepting an opinion based on evidence, from taqlīd despite the evidence, the Wahhābī ‘ulamā’ have defined the criteria of issuing or accepting a fatwā as performing ijtihād and ittibā‘ to those who have evidence of the Qur’ān and the sunna, or to the remarks of the scholars who are eligible for the Qur’ān and the sunna. According to the Wahhābīs, neither ijtihād nor taqlīd on the issues of ‘aqā’id is permissible in religion. The individual must learn what God and His messenger commands and forbids in terms of ‘aqā’id and worshipping. Ibn ‘Abd al-Wahhāb accepts that taqlīd in furū‘ al-fiqh is permissible in absolutely necessary situations such as not being able to reach sources from various views, and not having the time to evaluate these sources. According to Muḥammad ibn ‘Abd al-Wahhāb, the notion that the dispute of ‘ulamā’ is a blessing is superstitious. According to him, the alliance and agreement of ‘ulamā’ is a deed, and their unity is a blessing. Despite this, the way to be followed in a matter of dispute is not in the madhhab views but the presentation of the matter in the Qur’ān and the sunna. Defining the field of dispute, Muḥammad ibn ‘Abd al-Wahhāb said that the predecessor and the successor disagreed in the matters of furū‘ al-fiqh that were not declared in the naṣṣ; and in such affairs, the duty of the believer is to investigate what is the covenant of God and His messenger, and to show respect for the ‘ulamā’ even if it is mistaken. However, according to him, showing respect to the ‘ulamā’ is not saying ‘’they know better than us’’ despite the presence of evidence in matters of dispute. Wahhābī thought does not describe madhhab as a systematic integrated approach. According to them, the madhhab is the ḥukm that were made within the discretion of mujtahids on the basis of naṣṣ on the issues open and free to ijtihād. With this approach, they have tried to explain what refers to the word of “Our madhhab is the one of Aḥmad ibn Ḥanbal ” It has been suggested that this acknowledgment does not mean taqlīd that the words of madhhab imāms are replaced with the Qur’ān and the sunna just as some other members of madhhab do so. Muḥammad ibn ‘Abd al-Wahhāb and his followers emphasize in many places the movement is not a fifth and a new madhhab, they are members of the Ḥanbalī madhhab and they do not direct anyone to any organization in the form of fiqh, kalām, or ṣūfī. However, they say that madhhabs are not religion, and even if a new madhhab is aimed, this is not a problem. Although an emphasis of being part of the Ḥanbalī madhhab is made without sectarian fanaticism, it is stated that it is imperative to take the views of other madhhabs where the evidence is strong. With the emphasis of being part of the Ḥanbalī madhhab, they support their discourse of not being a new madhhab. However, the general description of the Ḥanbalī madhhab has a stricter approach regarding the way of accepting and using mental and transitional evidence than the other madhhabs. Accordingly, the Wahhābīs are described by a stricter version of the description. Muḥammad ibn ‘Abd al-Wahhāb used their methodology to arrive at judgments instead of taking the specific provisions of the madhhabs, and accepted the adoption of provisions and refused bigotry and the madhhabs are authorities almost equal to God. The Qur’ān, the sunna and ijmā‘ were accepted as the primary authorities and the four madhhabs were not denied as long as they were not contrary to majority of Muslim community. The Wahhābīs, who follow Ibn Taymiyya on the matter of practicing according to a judgment of another madhhab in the presence of evidence, believe that changing a madhhab without any reason or for worldly reasons is not permissible in religion. Although the Wahhābīs do not display a clear attitude on denying madhhabs, they have developed a supra-madhhabs approach with the thoughts of direct access to the ḥukms and accepting the ḥukm of any madhhab as long as the ḥukm is in accordance with the evidence. As a matter of fact, one of the criticisms made in this respect is that they take the views from other madhhabs that suit them, and reject the others. The Wahhābī ‘ulamā’ of the first periods shaped their opinions on issues such as ijtihād, taqlīd, madhhab, ittibā‘, and ikhtilāf, based on the evidences used by the Ḥanbalī madhhab, Ibn Qayyim and especially Ibn Taymiyya. For this reason, it is not possible to say that they have a thought system of their own. Taking this fact into consideration, it seems possible to collect the approach of the method of almost all Wahhābī thinkers in issues that are the subject of this article under three items. First, the necessity of those with strength and ability to perform ijtihād to understand religious provisions; second, solving issues of dispute based on the Qur’ān and the sunna; and third, the presence of evidence overruling any kind of madhhab view. (shrink)

Non-medical or Social egg freezing (oocyte cryopreservation) is currently a controversial topic in Islam, with contradictory fatwas being issued in different Muslim countries. While Islamic authorities in Egypt permit the procedure, fatwas issued in Malaysia have banned single Muslim women from freezing their unfertilized eggs (vitrified oocytes) to be used later in marriage. The underlying principles of the Malaysian fatwas are that (i) sperm and egg cells produced before marriage, should not be used during marriage to conceive a child; (ii) (...) extraction of mature egg cells from single women being unacceptable; and (iii) fertility preservation in anticipation of late marriage is a conjecture that has not yet occurred. Ovarian tissue freezing can potentially be a more Shariah-compliant alternative to social egg freezing, because once the frozen ovarian cortical tissue sections have been re-transplanted back into the woman, mature egg cells can readily be produced, collected, and fertilized by the husband’s sperm only during the period of marriage contract (′akd al-nikāḥ). Unlike accidental mix-ups with frozen eggs, muddling of lineage (nasab) would be automatically avoided in ovarian tissue freezing due to immunological rejection. However, upon critical analysis based on Qawā’id Fiqhiyyah (Islamic Legal Maxims), Maqāṣid-al-Shariah (Higher Objectives of Islamic Law), and Maslaḥah-Mafsadah (benefits versus harmful effects on society), elective ovarian tissue freezing by healthy single women for social reasons would likely be a highly contentious and controversial issue within Muslim communities that may conflict with conservative social-religious norms. This thus needs further debate among Islamic jurists in dialogue with medical doctors and biomedical scientists. (shrink)

‘IB was one of the great affirmers of our time.’ John Banville, New York Review of Books The title of this final volume of Isaiah Berlin’s letters is echoed by John Banville’s verdict in his review of its predecessor, Building: Letters 1960–75, which saw Berlin publish some of his most important work, and create, in Oxford’s Wolfson College, an institutional and architectural legacy. In the period covered by this new volume (1975–97) he consolidates his intellectual legacy with a series of (...) essay collections. These generate many requests for clarification from his readers, and stimulate him to reaffirm and sometimes refine his ideas, throwing substantive new light on his thought as he grapples with human issues of enduring importance. Berlin’s comments on world affairs, especially the continuing conflict between Israel and the Palestinians, and the collapse of Communism, are characteristically acute. This is also the era of the Northern Ireland Troubles, the Iranian revolution, the rise of Solidarity in Poland, the Chernobyl nuclear disaster, the fall of the Berlin Wall, Ayatollah Khomeini’s fatwa against Salman Rushdie, the spread of Islamic fundamentalism, and wars in the Falkland Islands, the Persian Gulf and the Balkans. Berlin scrutinises the leading politicians of the day, including Reagan, Thatcher and Gorbachev, and draws illuminating sketches of public figures, notably contrasting the personas of Alexander Solzhenitsyn and Andrey Sakharov. He declines a peerage, is awarded the Agnelli Prize for ethics, campaigns against philistine architecture in London and Jerusalem, helps run the National Gallery and Covent Garden, and talks at length to his biographer. He reflects on the ideas for which he is famous – especially liberty and pluralism – and there is a generous leavening of the conversational brilliance for which he is also renowned, as he corresponds with friends about politics, the academic world, music and musicians, art and artists, and writers and their work, always displaying a Shakespearean fascination with the variety of humankind. Affirming is the crowning achievement both of Berlin’s epistolary life and of the widely acclaimed edition of his letters whose first volume appeared in 2004. (shrink)

This paper argues that professionals who make boundary-related decisions should be guided by relationship-based practice. In our roles as service users and professionals, drawing from our lived experiences of professional relationships, we argue we need to move away from distance-based practice. This includes understanding the boundary stories and narratives that exist for all of us – including the people we support, other professionals, as well as the organisations and systems within which we work. When we are dealing with professional boundary (...) issues, we should centre relationship-building skills that are central to many other aspects of our work. Skills that foster relationships at all levels – between professionals, service users, and services – need to be revalued. Our final recommendation is to create, develop, and foster safer spaces within and outside of organisations, as well as inter-professionally, for the discussion and exploration of boundary-related issues and practice. We are interested in hearing from those with experiences of being marginalised by boundaries so that they can inform a reshaping of our collective ideas around boundary related practices. To foster relationship-based practices in organisations, we have outlined several recommendations here; however, we recognize that these do not go far enough, and that collective action is needed to inform systemic change. (shrink)

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

We examine the role of religiosity on the financing activities in both Islamic and conventional banks in Indonesian provinces by using five different measures of religiosity: number of Islamic schools, hajj application, number of Islamic seminary schools, number of Mosques, and number of certified halal products. Based on regression analysis, the results show that both Islamic and conventional banks provide more financing in religious provinces. Religiosity also helps in reducing the volume of non-performing financing. Our the results are still qualitatively (...) valid after taking into account endogeneity issue that emanates from omitted variables (i.e., unobservable beliefs, ideas, and attitudes), and possible reverse causality between religiosity and the total amount of financing at the province level. (shrink)

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

Processes of rapid and truncated agrarian change—driven through expanding urbanisation, infrastructure development, extractive industries, and commodity crops—are shaping the livelihood opportunities and aspirations of Indonesia’s rural youth. This study describes the everyday experiences of youth as they navigate the changing character of agriculture, aquaculture, and fishing livelihoods across gender, class, and generation. Drawing on qualitative field research conducted in the Maros District of South Sulawesi, we examine young people’s experiences of agrarian change in a landscape of entangled rural, coastal and (...) increasingly urbanised spaces. We find that young people aspire to secure, modern, and salary-based work, while continuing to seek and sustain intergenerational farming or aquaculture-based livelihoods. Youth take advantage of increased connectivity to diversify their incomes, yet their dependence on mobility also introduces new forms of gendered and class based precarity such as insecure working arrangements, disruption to education and violence (especially for young unskilled women and youth from financially insecure households). Our study highlights the persistent conditions of precarity that many young people encounter in both rural and urban settings, while challenging assumptions that youth are uninterested in rural futures. (shrink)

The discovery and invention of new medical applications may be considered blessings to humankind. However, some applications which might be the only remedy for certain diseases may contain ingredients or involve methods that are not in harmony with certain cultural and religious perspectives. These situations have raised important questions in medical ethics; are these applications completely prohibited according to these perspectives, and is there any room for mitigation? This paper explores the concept of darurah and its deliberation in the formulation (...) of fatwas on medicine issued by the National Fatwa Council of Malaysia. Darurah has explicitly been taken into consideration in the formulation of 14 out of 45 fatwas on medicine thus far, including one of the latest fatwas regarding uterine donation and transplantation. These fatwas are not only limited to the issues regarding the use of unlawful things as remedies. They include issues pertaining to organ transplantation, management of the corpse and treatment of brain dead patients. While deliberation of darurah in medicine may vary from issue to issue, darurah applies in a dire situation in which there are no lawful means to prevent harm that may be inflicted upon human life. Nevertheless, other aspects must also be taken into the deliberation. For example, consent must be obtained from the donor or his next of kin to conduct a cadaveric organ transplantation. (shrink)

The field of bioethics aims to ensure that modern scientific and technological advancements have been primarily developed for the benefits of humankind. This field is deeply rooted in the traditions of Western moral philosophy and socio-political theory. With respect to the view that the practice of bioethics in certain community should incorporate religious and cultural elements, this paper attempts to expound bioethical tradition of the Malay-Muslim community in Malaysia, with shedding light on the mechanism used by the National Fatwa (...) Council to evaluate whether an application of biological sciences is ethical or not. By using the application of the genetically modified food as a case study, this study has found that the council had reviewed the basic guidelines in the main references of shari'ah in order to make decision on the permissibility of the application. The fatwa is made after having consultation with the experts in science field. The council has taken all factors into consideration and given priority to the general aim of shari'ah which to serve the interests of mankind and to save them from harm. (shrink)

This research aims to examine the Indonesian Ulema Council’s (MUI) fatwa strategy on COVID-19 vaccination booster, which employed religious narrations and laboratory test evidence to justify its arguments. Religious texts become ideological frames that are legitimate and effective in influencing the human senses. This study uses maqashid al-Qur’an as approach. Hence, the use of text of the Qur’an, hadith, and quotations from various ulema’s opinions elucidates the vaccination aim under Islamic law. Based on the MUI fatwa, the primary (...) purpose of the vaccinations is for the sake of national benefits, whereas, from the perspective of maqashid al-Qur’an, it mainly leads to the preservation of the Indonesian people’s life as a whole. The COVID-19 vaccination carried out in Indonesia is for curative purposes; consequently, this programme is classified into the daruriyah [urgent] category. The results revealed that religious authority plays a crucial role in persuading its adherents.Contribution: This research shows that interpreting the Qur’anic verses using the maqashid theory should also be integrated with a scientific approach for the benefit of humanity. (shrink)

Intersex being a birth impairment in human babies is a fact of humanprecreation. Opposed to normal birth of humans as males and females incidentsof babies with vague gender identity have perturbed people and families asto how to socially place them within the binary system of men and womenin the community. In Islam, it is more important in view of the genderedorientation of some Islamic laws and its system of social ethics. Accordingly,jurists formulated an Islamic blueprint to manage this segment. However,their (...) main criteria to align such individuals to one of the normal genders wereinadequate to assign a specific sex to all intersex. Medical science, on the otherhand, proposes not only to achieve precise diagnoses of intersex conditionsbut also to manage them medically. Accordingly, Muslim jurists and muftisby and large celebrated this medical solution as a better remedy to resolve thisjuridical perplexing question. This study, however, argues that juristic stamp ofapproval needs to be more ethically grounded so as to avoid pitfalls inherent inthis medical innovation. (shrink)

In this article, the views of Yusuf al-Qaradawi (d. 2022) on the change of the fatwa are discussed. Other issues of the fatwa method are generally excluded from the scope. At the point of solving new problems, the change of the fatwa is important. The aim of the study is to reveal al-Qaradawi's contribution to the issue of changing the fatwa. In this study, in which the qualitative research method was used, thematic reading was made. As (...) it is known, scholars have adopted the idea that the provisions open to ijtihad can be changed. According to al-Qaradawi, there is even a consensus on this. Likewise, there is a consensus that the final provisions are not subject to change. al-Qaradawi mentioned that independent ijtihad activities should continue. Because only in this way can fiqh remain alive and dynamic. Therefore, it can solve new problems. Therefore, the idea that the door of ijtihad is closed cannot be accepted. On the other hand, scholars should take into account the ancient jurisprudence. It should contribute to this information by adding or correcting it. The principles that allow the change of the fatwa are four in the form of time, place, situation and custom. al-Qaradawi stated that he added six new elements to these. These are as follows: The change of information, the change of people's needs, the change of people's power and possibilities, umumu'l-balwa, the change of social, economic and political conditions, the change of opinion and idea. The author has reached these six elements as a result of a deep research. Muftis should take these factors into consideration when issuing a fatwa. Because the maslahah of the servants and the principle of convenience require this. (shrink)

Rapid developments in science and technology have resulted in novel discoveries, leading to new questions particularly related to human values and ethics. Every discovery and technology has positive and negative implications and affects human lives either directly or indirectly, involving all walks of life. Bioethical discourse in Malaysia must consider the multiracial and multireligious background of Malaysia and especially the Islamic view as the majority of Malaysians are Muslims and Islam is the religion of the federation. This article discusses several (...) selected bioethical issues in Malaysia by studying the application of maṣlaḥah (the public good) and mafsadah (evil and harms) in Malaysian Islamic rulings (fatwas). This article uses the critical interpretation approach, as this is an ethical, interpretive, textual, and contextual analysis. In a situation when there is a conflict between maṣlaḥah and avoidance of mafsadah, it is preferred to attempt to address both needs. However, if maṣlaḥah and avoidance of mafsadah are mutually exclusive, the decision to choose must be made by weighing (tarjīḥ) and choosing the one which is superior. The maṣlaḥah and mafsadah concepts play vital and significant roles in bioethical discourse to realize human essential interests, namely faith, life, lineage, intellect, and property, thus achieving maqāṣid al-sharīʿah (the ultimate goal of sharia). This concept helps in guiding bioethical discussions, especially in determining the priority between achieving benefits and avoiding harms. The application of this concept will also assist Malaysian authorities in formulating appropriate rulings, especially bioethical issues related to Malaysian Muslims’ lives. (shrink)

The Collective Memory Reader provides a wide array of texts that underwrite the field of memory studies. Taken together, these seminal texts, hard-to-find classics, previsouly untranslated material, unusual extensions, and contemporary landmarks provide a definitive entry point into the field for students and an essential resource for scholars.

Rapid development in the area of assisted reproductive technology, has benefited mankind by addressing reproductive problems. However, the emergence of new technologies and techniques raises various issues and discussions among physicians and the masses, especially on issues related to bioethics. Apart from solutions provided using conventional bioethics framework, solutions can also be derived via a complementary framework of bioethics based on the Higher Objectives of the Divine Law in tackling these problems. This approach in the Islamic World has been applied (...) and localised in the Malaysian context. Thus, this paper highlights a conceptual theoretical framework for solving current bioethical issues, with a special focus on ART in the Malaysian context, and compares this theory with conventional theories of bioethics. (shrink)

In the literature of collective intentions, the ‘we-intentions’ that lie behind cooperative actions are analysed in terms of individual mental states. The core forms of these analyses imply that all Nash equilibrium behaviour is the result of collective intentions, even though not all Nash equilibria are cooperative actions. Unsatisfactorily, the latter cases have to be excluded either by stipulation or by the addition of further, problematic conditions. We contend that the cooperative aspect of collective intentions is not a property of (...) the intentions themselves, but of the mode of reasoning by which they are formed. We analyse collective intentions as the outcome of team reasoning, a mode of practical reasoning used by individuals as members of groups. We describe this mode of reasoning in terms of formal schemata, discuss a range of possible accounts of group agency, and show how existing theories of collective intentions fit into this framework. (shrink)

The Collective Unconscious in the Age of Neuroscience brings the connection between C.G. Jung's theory of a collective unconscious, neuroscience, and personal experiences of severe mental illness to life. Hallie B. Durchslag uses narrative analysis to examine four autobiographical accounts of mental illness, including her own, and illuminate the interplay between psychic material and human physiology that Jung intuited to exist. Durchslag's unique study considers the links between expressions of the collective unconscious, such as myth, fairy tales, folk tales, and (...) 'big dreams', and the experiences of those diagnosed with severe mental illnesses, such as schizophrenia and bipolar disorder. The author's personal narrative account of a psychotic episode is at its heart, bringing both an intimate foundation and exceptional insight to the book. With reference to neuroscientific and genetic research throughout, The Collective Unconscious in the Age of Neuroscience highlights the gap between depth psychological notions of etiology and treatment, highlights patterns of collective material in the qualitative experience of these genetic and biological disorders, and explores how the efficacy of pharmacological treatment sheds light on Jung's theoretical model. The Collective Unconscious in the Age of Neuroscience will be essential reading for academics and students of Jungian and post-Jungian studies, consciousness, neuroscience and mental health. It will also provide unique insight for analytical psychologists interested in severe mental illness and the collective unconscious. (shrink)

Abstract: Collective Intentionality is essential to the understanding of how we act as a "team". We will offer an overview on the contemporary debate on the sense of acting together. There are some theories which focus on unconscious processes and on the capabilities we share with animals (Tomasello, Walther, Hudin) and others which concentrate on the voluntary, conscious processes of acting together (Searle, Tuomela, Bratman, Gilbert). Collective intentionality represents also a relevant issue for economic theories. The theories of team reasoning (...) move from the assumption that agents can sometimes behave according to beliefs and preferences attributed to a group or a team. We will point out the role of institutions as created by collective intentionality (Searle) for understanding coordination and cooperation. (shrink)

Film collectives and collaborative production have evolved into potent vehicles of change, con-verging on themes of gender and representation of marginalised groups, allowing communities to introspect and create their own cultural identity. Community produced short documentaries, shift dialogue from national to local regions. Film Collectives produce short documentaries, reinforc-ing modular over conventional. In this study, the researchers aim to examine short documentaries produced through collaborative production approaches at the grassroots level, specifically those serving or created by communities in India. The (...) research places significant emphasis on investi-gating the advancement of social welfare within the local community through these films. Over-all, the language and structure employed in collaborative filmmaking align more closely with tra-ditional documentary practices. The objective of the study is to achieve a thorough comprehension of the importance of community films and to explore their sustainability over the long term. To achieve this goal, the researchers have chosen to analyse four films produced by SPS Media. Through the creation of their films, SPS Media, captures the real-life experiences and obstacles of marginalised communities. Their films serve to bring attention to and facilitate discussions on issues such as poverty, gender inequality, education, healthcare, and sustainable agriculture. Key characteristics of collaborative production are discussed in the paper. The research methodology adopted is qualitative in the nature, with a case study and narrative and textual analysis of short documentaries. (shrink)

Resumo: O estudo das ideias de Ibn Taymiyyah sobre o haram e o halal, no Islã, continua a ser relevante para a compreensão da jurisprudência islâmica, da ética, da identidade cultural e das questões contemporâneas. O objetivo do artigo é analisar as obras de Ibn Taymiyyah e identificar seus conceitos mais importantes para a comunidade muçulmana. Os métodos de análise das fatwas escritas por Ibn Taymiyyah e os métodos de interpretação e comparação dos conceitos de proibido e permitido, no Islã, (...) foram usados para atingir o objetivo do estudo. A principal conclusão da pesquisa é que Ibn Taymiyyah era conhecido por suas pesquisas em lei islâmica, teologia e moralidade. Ele tinha visões conservadoras e, devido às suas próprias ideias reformistas, foi repetidamente condenado. Apesar disso, ele criticou os ensinamentos tradicionais sobre o Islã e apoiou a necessidade de reformar alguns aspectos da prática islâmica. Ibn Taymiyyah atribuiu grande importância ao exame do Alcorão e da Sunnah do Profeta Muhammad, a fim de entender o que é proibido e permitido, em várias áreas da vida muçulmana. Ele enfatizou a importância de uma dieta saudável, a necessidade de seguir os princípios islâmicos em questões financeiras e a preservação da dignidade e do comportamento respeitoso, em todos os aspectos da vida. (shrink)

Bayʿ al-wafā is a fatwa issue (waqıʿat/nawazil) in the form of a legal solu-tion (hīla al sharʿiyyah), the legal nature of which was intensely debated by Central Asian Hanafi jurists. This contract appears to be a practice by which Muslim communities living in Central Asia, particularly in Bukhara and Samarkand, were able to conduct their debt relations without involving interest. The initial assessments regarding the legal nature of bayʿ al-wafā, for which there is no transmission from the founding imams, (...) emerged in the fatwas of Central Asian Hanafi scholars in the 4th/10th century. Subsequently, from this century, when the first examples of fatwa literature were penned, to the 6th/12th century, when the most advanced and influential examples were produced, there were many different opinions on the legal nature of this contract according to the Hanafī doctrine. In this study, based on the fatwa literature that emerged between these centuries, the chronological development of opinions on the legal nature of the bayʿ al-wafâ contract has been examined. Furthermore, this study also addresses the fundamental trends that have led to different assessments on the subject and identifies the subordinate and opposing views concerning it. (shrink)

Together we can achieve things that we could never do on our own. In fact, there are sheer endless opportunities for producing morally desirable outcomes together with others. Unsurprisingly, scholars have been finding the idea of collective moral obligations intriguing. Yet, there is little agreement among scholars on the nature of such obligations and on the extent to which their existence might force us to adjust existing theories of moral obligation. What interests me in this paper is the perspective of (...) the moral deliberating agent who faces a collective action problem, i.e. the type of reasoning she employs when deciding how to act. I hope to show that agents have collective obligations precisely when they are required to employ ‘we-reasoning’, a type of reasoning that differs from I-mode, best response reasoning, as I shall explain below. More precisely, two (or more) individual agents have a collective moral obligation to do x if x is an option for action that is only collectively available (more on that later) and each has sufficient reason to rank x highest out of the options available to them. (shrink)

Collective moral agents can cause their own moral incapacity. If an agent is morally incapacitated, then the agent is exempted from responsibility. Due to self-induced moral incapacity, corporate responsibility gaps resurface. To solve this problem, I first set out and defend a minimalist account of moral competence for group agents. After setting out how a collective agent can cause its own moral incapacity, I argue that self-induced temporary exempting conditions do not free an agent from diachronic responsibility once the agent (...) regains its moral faculties. For collective agents, any exempting condition is potentially temporary due to the ‘malleability’ of their constitution. Therefore, in cases of self-induced moral incapacity and subsequent wrongdoing, unlike individuals, every collective agent can be (made) morally responsible for its actions even though it did not qualify as a moral agent at the time of wrongdoing. Hence, this is no reason for skepticism concerning corporate responsibility. (shrink)

This collection of Geoffrey Hill's criticism spans the length of his career as a pre-eminent poet-critic. Three previously published books of criticism are reprinted, sometimes with substantial revisions, and two new works added.

A collective duty gap arises when a group has caused harm that requires remedying but no member did harm that can justify the imposition of individual remedial duties. Examples range from airplane crashes to climate change. How might collective duty gaps be filled? This paper starts by examining two promising proposals for filling them. Both proposals are found inadequate. Thus, while gap-filling duties can be defended against objections from unfairness and demandingness, we need a substantive justification for their existence. I (...) argue that substantive justification can be found in the normative force of commitments individuals make to others with regard to ends. Along the way, I argue that gap-filling duties must be conceptualized differently in group agents, as compared to non-agent groups: in the former, gap-filling duties can be understood as duties to “take up the slack”; in the latter, this would be a category error. (shrink)