The one of goals that religious provisions aim to achieve is the preservation of the generation. For this reason, Islam recommends marriage and prohibits all illegitimate relationships outside of marriage. He also ordered the parties to respect each other's rights and fulfill their responsibilities in order to maintain the marriage union. He requested that all attitudes and behaviors that would disrupt the marriage union be avoided. How ever, from time to time, a word said or a behavior exhibited by one (...) or both spouses shakes the marriage union and even leads to its end. Situations that can be described as severe disagreements that occur between spouses and make the continuation of the marital union almost impossible are expressed with the concept of “shiqàq” in fiqh. Failure of the parties to observe marriage law in domestic relations is one of the main reasons that lead to “shiqàq”. Although the reasons for the “shiqàq” that leads the spouses to discord are not explained in the relevant verse, it is recommended that in case of “shiqàq”, the institution of arbitration should be applied and the arbitrators should first reconcile the relationship between the spouses and prevent the breakdown of the marital union. On the other hand, it is controversial among the sects whether arbitrators have the authority to terminate a marriage union that they do not find beneficial to continue. While the fuqaha, who argue that arbitrators are in the position of attorneys, say that referees cannot separate the spouses without the consent of the spouses, those who say that arbitrators are in the power of judges are of the opinion that arbitrators have the authority to separate husband and wife regardless of the consent of the spouses. In addition, in case of “shiqàq”, the man can directly divorce his wife, and the woman can request the judicial authorities to separate from her husband. In this study, which deals with the issue of “shiqàq” in the context of family law, first of all, the meaning of “shiqàq”, the issues that cause this situation and the legal consequences attached to this concept will be revealed. (shrink)

On the rights of husband and wife according to Islamic teachings.

As in every religious issue, the two main resources of Islām which are the Qur’ān and the Sunnah/ḥadīths are the first reference sources for deciding the things that are forbidden by Islam. There is no evidence in the Qur’ān that suggests specific types of animals are forbidden to eat except pork. Other than pork, only the animals which are slaughtered without the name of Allah, their blood and their carcass are forbidden to consume. Except these restricted ill-gotten meats, in the (...) Qur’ānic verses there are no other limitations referring to different animals. However, in Ḥadīth sources there are some narratives referring to the Prophet Muḥammad, implying that He named some other forbidden animals beside the ones specified in the Qur’ān. Collecting the narratives and evaluating them as a whole will contribute for a better understanding of the rules and principles of prohibitions that the Prophet Muḥammad imposed on this issue. Moreover, it will help to identify whether those rulings on some animals are unconditional and world-wide or cause-related and thus changeable according to the conditions. Furthermore, in this matter, although some animals‘ meat are not mentioned as forbidden in the Qur’ān, they are banned by the Prophet Muḥammad. This brings the need to highlight the importance of the capacity of the Prophet Muḥammad on deciding what is permissible (ḥalāl) and forbidden (ḥarām) in the religion.SummaryWhile the authority for determining what is ḥalāl (lawful) and what is ḥarām(forbidden) belongs essentially to Allah, the Prophet Muḥammad is also authorized to appoint what is ḥalāl-ḥarām by Allah.Authority of the Prophet Muḥammadrelated to the issue is not absolute and stems from the Qur’ān. Ḥalāland ḥarāmin the Qur’ān prescribed by Allah can be included in the concepts of maʿrūf (right) - munkar (wrong) andṭayyibāt (clean) - hkabāis (filthy). It is understood that the Prophet Muḥammadgrounded his commands in the concept of hkabāis.Prohibitions related to animal meats in the Qur’ānare limited to four: carcass, blood, pork and animals, which are not slaughtered in the name of Allah. However, in the Ḥadīth resources there are some narratives about the Prophet’s prohibition on consuming some types of animals other than the forbidden animals specified in the verses. These narratives can be classified in three titles:1. Animals, which are prohibited to be eaten 2. Animals, which are prohibited because of the way they are fed and slaughtered3. The matter of prohibition of the animals, which are commanded or forbidden to be slaughtered by the Prophet Muḥammad.At the end of the studies conducted based upon ḥadīth resources, in particular Kutūb al-Sittah (the well-known six ḥadīth books), it has been discovered that the animals, which are mentioned as not being permissible in the narratives, they are limited to domesticated donkey and the species of “predatory animals, predatory birds”, namely wolf, fox and cat. Even though the narratives about hyena imply as eatable, hyena is included in this article as it’s a predatory animal.The narratives regarding the prohibition of meat of domesticated donkey were transferred by approximately twenty Companions in respect to the time of the Battle of Khyber. This prohibition is generally stated in the ḥadīthresources as: “We were having dire hunger at the nights of Khyber. When the day for Khyber came, we encountered domesticated donkeys. We immediately slaughtered them. When we put the meat in the pot and started to boil it, crier of the Prophet Muḥammadcalled “Knock over the pots and don’t eat any of the donkey meat”. Regarding the issue there are such statements of some Companions like “we were banned from eating domesticated donkey”, “The Prophet banned the meat of domesticated donkey” among the narratives about the ban. In addition to a large number of narratives about the prohibition of domesticated donkey meat, there are two narratives related to permission of the Prophet for eating domesticated donkey and a narrative that Ibn ‘Abbās did not accept the ban. One of the said narratives is not among the narratives in the Kutūb al-Sittah while the other one is stated solely in the Sunanof Abū Dāwūd and thought to be acceptable by the traditionists. Even though this narrative’s authenticity is accepted, it is understood that there is an implication for the permission based on a necessity. According to the narrative, Ibn ʿAbbās referred to 145thverse of the surah al-An’am as a proof to his view saying “What ḥalālis what Allah allowed, what ḥaramis what Allah forbidden and the things about which there is no judgement of Allah are mubāḥ (permissible)”. As for us, the fact that Ibn ʿAbbās did not accepted the prohibition implies that he did not recognize the Prophet’s command related to the prohibition as an absolute prohibition. The conveyances of many Companions, which are consistent with each other, about the Prophet’s prohibition on eating domesticated donkey during the Battle of Khyber, proved that the prohibition was applied. Even though there is no dispute about prohibiting domesticated donkey, it is controversial whether the prohibition is absolute, constant or provisional based on certain reasons. It is more reasonable to accept that this prohibition was provisional and it was based on certain reasons. Because there are many narratives bearing information that this prohibition was due to several reasons and this is a situation which needs to be considered. Accordingly, there are three reasons, nearly all of which are attributed to judgement of the Companions. These were the facts that domesticated donkey was used in transportation; it used to eat filth and it was slaughtered/consumed without distributing booty/paying taxes. The seeking of the Companions for any reason for this prohibition indicates that they needed to comprehend this prohibition and that the prohibition is not absolute and constant.There is no explanation neither in the resources where the narratives are included nor in the annotation about when, where, why and in which context the prohibition regarding the predatory animals was realized. It is highly possible to assume that the Prophet prohibited these animal as they eat carcass. Another interesting issue within this regard is the fact that there are narratives and views indicating permissibility of eating hyena, which is a predatory, while predatory animals are forbidden in the narratives. Statements of the Prophet related to permissibility of eating hyena, which are considered authentic by traditionists and information about the Arabs who used to eat hyena and some of the Companions who praised eating hyena indicate that urf (custom) has a primary and decisive role about permissibility of eating meats. Regarding this matter about the hyenas, the narratives pointing out some Companions like ʿĀʾisha bint Abī Bakr and Ibn ‘Abbās who viewed prohibition of animals other than the prohibited animals in the Qur’an as inapplicable and other issues referring to the dispute indicate that prohibition of the Prophet Muḥammadfor predators can not be accepted as an absolute and unquestionable prohibition. Some of the prohibitions mentioned in ḥadīth narratives, except these animals, stem from the way of feeding and slaughtering of some animals. It is understood that consuming meat and milk of the animals that eat filth is prohibited in order to abstain from the things harming human health and mujassam (killing an animal with an arrow, etc. by fastening it as a target) is prohibited as carcass is banned and it is not permissible to torture and harm animals. Some of the prohibitions are related to the some animals, which were allowed and banned to slaughter by the Prophet. As the Prophet commanded some animals to be slaughtered and some animals not, meat of these animals was considered as forbidden. There is a dispute among the scholars, whilst there is not any statement of the Prophet about whether the animals included in this group can be eaten or not. It is seen that the Prophet ordered to slaughter some of the animals and prohibited to slaughter some other animals based on several reasons. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)