Islam and the Rule of Justice: Image and Reality in Muslim Law and Culture. By Lawrence Rosen. Chicago: University of Chicago Press, 2018. Pp. xi + 279. $105 ; $35.

Mankind is faced with a number of serious problems that demand an effective solution. The prevalence of injustice and the frequency of financial crises are two of the most serious of these problems. Consisting of an in-depth introduction along with a selection of eight of Muhammad Umer Chapra's essays--four on Islamic economics and four on Islamic finance--this timely book raises the question of what can be done to not only minimize the frequency and severity of the financial crises, but also (...) make the financial system more equitable. The author considers the origins of Islamic economics and outlines its development and underlying principles. He compares the approach taken to ethics and economics in Islam with that taken in the West, considering whether lessons can be applied to the global financial architecture in order to mitigate against financial crises. The book also examines the case against interest and looks at both innovation in Islamic finance, as well as challenges facing the industry. Written by a leading authority in the field, this book will be a stimulating resource for students and researchers in Islamic economics and finance, as well as providing valuable insight to all of those with an interest in financial systems and their interaction with society. (shrink)

Abstract. Environmental ethicists ask several questions about global climate change; especially on the moral justification of the problem of non-compliance; i.e., why agents do not comply with their climatic responsibilities. It is evident that some developed countries have been perpetuating the climate change crisis by not following their climatic responsibilities (i.e., mitigation, adaptation, and compensation) or even more surprisingly a few of those states have been denying the climate change facts. This paper focuses on comparing two forward-looking approaches to climate (...) justice; namely, the Ability to Pay Principle (APP) and the Power/Responsibility Principle (PRP) and seeks an answer whether any of these principles enable a response to the problem of non-compliance. Scrutinizing a few analogical examples and analysing contemporary debates on this issue, this paper then shows the APP does not enable a response to the problem of non-compliance whereas one possible distribution of duties according to the PRP does so and concludes that the relevant agents’ willingness to comply with climatic responsibilities seems to be the key factor to avoid harm in the context of climate change crisis. (shrink)

This article discusses the entanglement of political Islam and the new global economy. It specifically addresses the epistemic fields of political economic concepts of the Islamist organisation of Hizbut Tahrir Indonesia/HTI. This article argues that the organisation offers an entangled epistemic field of religion, politics, and economy. The Islamic concept of khilafah is particularly defined as a new global political and economic systems that challenge the currently dominant capitalist-state of western civilisation. The crucial elements of political economy of the (...) khilafah is the aspect of distribution rather than production, thus the HTI’s criticism lies at the notion of justice and equal access to economic resources and effects. With this framework, the HTI offers a new global political system -based on khilafah- and promises justice in economic distribution. (shrink)

In the spring of 2003, Jacques Derrida sat down for a public debate in Paris with Algerian intellectual Mustapha Chérif. The eminent philosopher arrived at the event directly from the hospital where he had just been diagnosed with pancreatic cancer, the illness that would take his life just over a year later. That he still participated in the exchange testifies to the magnitude of the subject at hand: the increasingly distressed relationship between Islam and the West, and the questions (...) of freedom, justice, and democracy that surround it. As Chérif relates in this account of their dialogue, the topic of Islam held special resonance for Derrida—perhaps it is to be expected that near the end of his life his thoughts would return to Algeria, the country where he was born in 1930. Indeed, these roots served as the impetus for their conversation, which first centers on the ways in which Derrida’s Algerian-Jewish identity has shaped his thinking. From there, the two men move to broader questions of secularism and democracy; to politics and religion and how the former manipulates the latter; and to the parallels between xenophobia in the West and fanaticism among Islamists. Ultimately, the discussion is an attempt to tear down the notion that Islam and the West are two civilizations locked in a bitter struggle for supremacy and to reconsider them as the two shores of the Mediterranean—two halves of the same geographical, religious, and cultural sphere. _Islam and the West_ is a crucial opportunity to further our understanding of Derrida’s views on the key political and religious divisions of our time and an often moving testament to the power of friendship and solidarity to surmount them. (shrink)

In the spring of 2003, Jacques Derrida sat down for a public debate in Paris with Algerian intellectual Mustapha Chérif. The eminent philosopher arrived at the event directly from the hospital where he had just been diagnosed with pancreatic cancer, the illness that would take his life just over a year later. That he still participated in the exchange testifies to the magnitude of the subject at hand: the increasingly distressed relationship between Islam and the West, and the questions (...) of freedom, justice, and democracy that surround it. As Chérif relates in this account of their dialogue, the topic of Islam held special resonance for Derrida—perhaps it is to be expected that near the end of his life his thoughts would return to Algeria, the country where he was born in 1930. Indeed, these roots served as the impetus for their conversation, which first centers on the ways in which Derrida’s Algerian-Jewish identity has shaped his thinking. From there, the two men move to broader questions of secularism and democracy; to politics and religion and how the former manipulates the latter; and to the parallels between xenophobia in the West and fanaticism among Islamists. Ultimately, the discussion is an attempt to tear down the notion that Islam and the West are two civilizations locked in a bitter struggle for supremacy and to reconsider them as the two shores of the Mediterranean—two halves of the same geographical, religious, and cultural sphere. Islam and the West is a crucial opportunity to further our understanding of Derrida’s views on the key political and religious divisions of our time and an often moving testament to the power of friendship and solidarity to surmount them. (shrink)

Many question whether Islam and science can be compatible. In the first six hundred years of Islam, Muslims addressed all fields of knowledge available to them with unprecedented zeal and contributed immensely to the knowledge that became the precursor of the Renaissance in Europe. The Tatar invasion in the thirteenth century and the total destruction of Baghdad, the Muslim capital of knowledge and science, followed by the crusades, the ensuing hostility between East and West, and Western colonialism of (...) Muslim countries led to a distrust of all knowledge emanating from the West. Such distrust closed the doors to ijtihad, a dynamic method in Islamic jurisprudence for addressing change, new demands, and new acquired knowledge, even though the Qur'an challenges Muslims to think, contemplate, understand, comprehend, and examine everything around them—tasks that bring humankind closer to God as they find methods to apply God's laws of justice and equity to the benefit of all humankind. Islam is the religion of yusr (ease) and not ‘usr (hardship). The creation of the world was for human benefit and use. Innovation for such beneficial use and application is a must. (shrink)

As emphasised in Islamic sources, justice is one of the most important issues covered in the religion of Islam. In fact, justice is a central theme in Islam and has a special value in this regard. Conversation about justice and its nature, as well as its realisation in human communities, has been thus far a necessity in human life. Actually, the establishment and implementation of justice in all areas are crucial for the utopia. Given the importance of this (...) subject, the present study aims to determine and explain the components of the justice-oriented Islamic community based on the teachings of Nahj al-Balaghah. Therefore, the components that introduce justice orientation in the Islamic community are extracted from the sermons, letters and wise sayings (viz. narrations) of Nahj al-Balaghah. Afterward, the extracted components are classified based on the similarity of the themes and concepts. In the end, five classifications are introduced, including distributive justice, procedural justice, interactional justice, social justice and fairness.Contribution: Based on the determined indices, the model of justice-oriented Islamic community is developed. It is thus recommended to pay more attention to the realisation of a justice-oriented Islamic community by researchers and leaders. This is mainly because of the fact that the opposite of a justice-oriented community is one with injustice, where oppression and disrespect for the rights of others occur, divine blessings change, divine wrath and anger are provoked and destruction approaches. (shrink)

This chapter examines some of the conceptions of order and justice that are present in the Islamic world. It argues that many Islamic states have been willing to accommodate themselves to an international society based on the idea of sovereign equality. However, one of the impacts of globalization has been to shift the allegiances of some members of these states from territorially based political communities to those based on religious or cultural identity. Some of the radical Islamist groupings that have (...) emerged in recent years and have voiced a range of grievances are seeking nothing less than the overturning of prevailing international and domestic orders. Although the outcome of this complex challenge is impossible to predict, one consequence is that it has created space for the emergence of a new and possibly transformational Islamic civil society, which directs its attention principally to the reform of Muslim societies themselves. (shrink)

The relationship between international order and justice has long been central to the study and practice of international relations. For most of the twentieth century, states and international society gave priority to a view of order that focused on the minimum conditions for coexistence in a pluralist, conflictual world. Justice was seen either as secondary or sometimes even as a challenge to order. Recent developments have forced a reassessment of this position. This book sets current concerns within a broad historical (...) and theoretical context; explores the depth and scope of this presumed solidarism amidst the difficulties of acting on the basis of a more strongly articulated liberal position; and underscores the complexity and abiding tensions inherent in the relationship between order and justice. Chapters examine a wide range of state and transnational perspectives on order and justice, including those from China, India, Russia, the United States, and the Islamic world. Other chapters investigate how the order-justice relationship is mediated within major international institutions, including the United Nations, the World Trade Organization and the global financial institutions. (shrink)

One of the basic issues of modern times is how to construct a nonviolent and peaceful society and achieve the goal of a one-world community that lives in peace and harmony. Islam and Mahatma Gandhi’s approaches, in this regard, are remarkable. Both share same aims about common ethical concepts such as nonviolent, compassion for all creation, freedom,justice, patience and tolerance. There are remarkable similarities between the ideas of Gandhi and teachings of Islam, particularly in the concepts of peace (...) and nonviolence are concerned. This article, thus, mentions about the concepts of peace and nonviolence (ahimsa) as propounded by them. It handles attributes of ahimsa and satyagraha such as “loving sinners and even your enemy”, “having no intention to harm others”, “rest on God”, “consistency of word and action”, which are held forth by Gandhi. Furthermore, this article deals with similarities of Gandhi’s teachings with “ehsan” (benevolence), “tavakol (trust in God), “al-niyyat” (intent) and “an-nasrha”(sincerity) in Islamic thought. (shrink)

A content analysis of the Qur’an shows that it lays utmost importance on the realization of justice and conversely the eradication of injustice in society. A historicalanalysis found that social justice was prevalent in Mecca under the leadership of Prophet Muhammad and was also practiced during the period of the first fourrightly guided caliphs (Khulafa-e-rashidun). Since then, the successive Muslim majority states have not taken the issue of social justice seriously. These states have failed in taking an active role in (...) uplifting the ethical and moral standards of society. The documentary analysis of the existing 49 states in the Muslim world found majority of these states to have deviated from the real spirit of Islamic social justice falling within the category of “failed states.”. (shrink)

Despite the supreme political and economic significance of boundaries--and ongoing challenges to existing national boundaries--scant attention has been paid to their ethics. This volume explores how diverse ethical traditions understand the political and property rights reflected in territorial and jurisdictional boundaries. It is the first book to bring together thinkers from a range of traditions, both religious and secular, to discuss the ethics of boundaries. Each contributor represents a tradition's views on questions surrounding the use of boundaries to delimit property (...) and political rights. What does it mean to own something? What resources should not be privately owned? What justifies the erection of political boundaries between one people and another? How ''hard'' should such boundaries be? What rights extend to minorities within a state? Should territorial boundaries coincide with social ones? Does national autonomy have an ethical basis, or is it an aspect of modern power politics? Should we aim for a more inclusive community than that afforded by modern nation-states? Cross-chapter dialogue and a substantive conclusion draw out similarities and differences among the traditions represented, traditions that include Christianity, classical liberalism, Confucianism, international law, Islam, Judaism, liberal egalitarianism, and natural law. In addition to the editors, the contributors are Nigel Biggar, Joseph Boyle, Joseph Chan, Russell Hardin, Will Kymlicka, Loren Lomasky, Robert McCorquodale, Richard B. Miller, David Novak, Sulayman Nyang, Michael Nylan, Raul C. Pangalangan, Daniel Philpott, Jeremy Rabkin, Hillel Steiner, M. Raquibuz Zaman, and Noam J. Zohar. (shrink)

Justice and Leadership in Early Islamic Courts Edited by Intisar A. Rabb and Abigail Krasner Balbale, xvii + 241 pp. Price HB $45.00. EAN 978–0674984219.

As in many parts of the world, Islam in Southern Philippines is generally seen as subjecting women to unfair treatment. The concept of gender justice is thought to be non-existent. Among the minority populations in the region are the Tausug of Sulu who practice an Islam that is heavily influenced by their pre-Islamic traditions, popularly known in the community as Adat or customary laws. This study, conducted from January to June 2004, documents and analyzes the influence of the (...) traditional Islamic practices of the Tausug in relation to women's rights and gender justice in marriage, divorce, polygamy, custody of children, inheritance, property rights and leadership; and makes recommendations regarding some reform initiatives that could improve the status of women and the general issue of gender justice in the Muslim communities in southern Philippines. The study found no violation of women's rights in the Tausug Islamic community and that gender justice actually exists. The Tausug believe that because of their strong and dynamic traditions, their practice or interpretation of Islam is more liberal and accommodating. Generally, compared with other Islamic communities in the area, the human rights situation of the women in Sulu is much better. Women were found to be enjoying considerable freedoms, including access to public office and other leadership positions. One could argue, therefore, that the Tausug community is a good example of an Islamic community where women's rights are respected and gender justice prevails. What remains to be done is to sustain this favorable environment and to safeguard it from certain sectors of the Islamic society and male chauvinists bent on undermining gender justice in the area. (shrink)

Using a time-lagged design, we tested the main effects of Islamic Work Ethic (IWE) and perceived organizational justice on turnover intentions, job satisfaction, and job involvement. We also investigated the moderating influence of IWE in justice–outcomes relationship. Analyses using data collected from 182 employees revealed that IWE was positively related to satisfaction and involvement and negatively related to turnover intentions. Distributive fairness was negatively related to turnover intentions, whereas procedural justice was positively related to satisfaction. In addition, procedural justice was (...) positively related to involvement and satisfaction for individuals high on IWE however it was negatively related to both outcomes for individuals low on IWE. For low IWE, procedural justice was positively related to turnover intentions, however it was negatively related to turnover intentions for high IWE. In contrast, distributive justice was negatively related to turnover intentions for low IWE and it was positively related to turnover intentions for high IWE. (shrink)

Abstract. Global bioethics governance is a necessity in the era of globalization, yet the research on this issue is inadequate and underdeveloped. This research project argues that introducing global bioethics governance may deal effectively with the health crisis of migrants. Since immigrants are the minority in a new country, thus, one of the moral questions regarding this issue reflects on how to ensure health justice for this population. Health crisis issues arise in a multicultural society, which is often problematic to (...) deal with from a pluralistic standpoint. Unlike traditional ethics, bioethics demands taking action, thus, developing global bioethics governance should be addressed seriously to combat the health crisis of immigrants and climate migrants. (shrink)

The article seeks to investigate the intersection of local-based religion legal system and state’s legal system. It focuses on the constitutional debates on the position and the status of Aceh Qanun Jinayat within the Indonesian legal system and how the Indonesian Supreme Court the Islamic penal law based on Aceh’s Qanun in their decisions. Using the legal research approach, this article begins with the background of the Qanun Jinayat implementation in Aceh, then discusses the constitutional debates on the position of (...) the Qanun in the Indonesian legal system and ends with analyses of Supreme Court decisions on the application of the Qanun Jinayat in criminal cases in Aceh. This article argue that Aceh’s Qanun is similar to the other provincial regulation within the Indonesian legal system, which has limited areas to regulate the punishment in criminal cases. However, the paper found that although the Indonesian legal system forbids Aceh’s Qanun holds the penalty more severe than the National criminal law, the Supreme Court seems to accept these practices and use them in their decisions in Aceh’s criminal cases. (shrink)

Justice has a high status in Islamic societies, and as one of the most important human ideals, has long been the focus of thinkers and researchers. In fact, when the citizens do not understand the presence of justice in the behaviour of the officials of their society, their trust in the current procedures, and consequently the public participation will be affected. Considering the importance of the subject, the present study has been conducted with the aim of investigating the effect of (...) perception of justice on citizens’ trust and participation in the creation of a democratic Islamic society. The statistical population of this research included 3578 Indonesian Muslim citizens in 2022, and the research questionnaires were distributed among them. Data analyses were done using Statistical Package for the Social Sciences (SPSS) and Linear Structural Relations (LISREL) statistical software. The results of statistical analyses indicated that the perception of Islamic justice does not have a significant effect on the participation of Muslims in creating a democratic Islamic society. In addition, the perception of Islamic justice has a positive effect on the trust in officials of the Islamic society. Moreover, trust in the officials of the Islamic society positively affects the citizens’ participation in creating a democratic Islamic society.Contribution: According to the results of this research, it is necessary for the officials of the Islamic society to use all their efforts in creating a justice-oriented Islamic society in order to create trust among the citizens, and to involve Muslims in development decisions and to establish democratic Islamic society. (shrink)

This chapter (5) focuses on the concept of the forgiving God in Islamic religion and theology and claims that Islamic thinking about divine forgiveness accommodates two different views that emphasize two different attributes of God: justice and mercy. The first view is associated with a rationalist school of theology known as Mu'tazilism, while the second is associated with a fideistic school known as Ash'arism. The author argues that the first view, which is based on a strict calculus of desert, leaves (...) little or no room for mercy, and that the second view is more true to our ordinary notion of forgiveness. (shrink)

The following book Social Justice: A Sketch of the West and Islamic World Experiences contains a collection of articles that may be read individually, each concerned with the same issues of social justice. The writers in this book originate from the Western and Islamic World’s countries. All have agreed to explore and contribute to understanding social justice in each pertinent countries’ experiences. The problems being addressed are either descriptive or valuational and, in most cases, are the combination of both. All (...) articles presented in this collection are mainly a reexamination of social justice ideals from the authors’ viewpoints and experiences and how the ideals may be applicable and considered relevant to a particular problem faced by the respective countries. As its generic meaning is commonly recognized, all authors see that social justice is the most fundamental virtue, crucially providential, to be the basis of interpersonal relations ordering and establishing and maintaining a stable political society. While the nature, origin, and legitimate application of social justice are a thing that may be debatable, all authors in this book concur with the notion that there is a need to struggle for a just society. This idea may be best developed to respect persons as free, rational agents without ignoring the particularities of its communities’ challenges, characters, and identities. (shrink)

In late 2003, the Canadian media reported that the Islamic Institute of Civil Justice would start offering arbitration in family disputes in accordance with both Islamic legal principles and Ontario's Arbitration Act of 1991. A vociferous two-year debate ensued on the introduction of “Sharia law” in Ontario. This article analyzes representations of Muslim women's agency that came to the fore in this debate by examining reports in three Canadian newspapers. The debate demonstrated two notions of agency. The predominant perspective conceptualized (...) Muslim women's agency as their ability to resist domination, tying secularization to agency. A second strain of the debate portrayed agency as embedded in intersecting social forces of domination and subordination. The first perspective homogenized diverse Muslim communities, fostering the gendered racialization of these communities. Understanding agency as embedded, by contrast, enabled conceptualizations of Muslim women as agentic religious subjects. (shrink)

This is the first study to compare the philosophical systems of secular scientific philosopher Mario Bunge (1919-2020), and Moroccan Islamic philosopher Taha Abd al-Rahman (b.1945). In their efforts to establish the philosophical underpinnings of an ideal modernity these two great thinkers speak to the same elements of the human condition, despite their opposing secular and religious worldviews. While the differences between Bunge’s critical-realist epistemology and materialist ontology on the one hand, and Taha’s spiritualist ontology and revelational-mystical epistemology on the other, (...) are fundamental, there is remarkable common ground between their scientific and Islamic versions of humanism. Both call for an ethics of prosperity combined with social justice, and both criticize postmodernism and religious conservatism. The aspiration of this book is to serve as a model for future dialogue between holders of Western and Islamic worldviews, in mutual pursuit of modernity’s best-case scenario. (shrink)

Against the backdrop of a global pandemic, this study investigates how U.S. higher education leaders have centered their crisis management on values and guiding ethical principles. We conducted 55 in-depth interviews with leaders from 30 U.S. higher education institutions, with most leaders participating in two interviews. We found that crisis plans created prior to the COVID-19 pandemic were inadequate due to the long duration and highly uncertain nature of the crisis. Instead, higher education leaders applied guiding principles on the fly (...) to support their decision-making. If colleges and universities infuse shared values into their future crisis plans, they will not have to develop a moral compass on the fly for the next pandemic. This paper suggests the following somewhat universal shared values: engage in accuracy, transparency, and accountability; foster deliberative dialog; prioritize safety; support justice, fairness, and equity; and engage in an ethic of care. To navigate ethics tensions, leaders need to possess crisis-relevant expertise or ensure that such expertise is present among crisis management team members. Standing up formal ethics committees composed of diverse stakeholders also is instrumental in navigating tensions inherent in crises. The next pandemic is already on the horizon according to experts. Through infusing values into future crisis plans, higher education leaders can be confident that their responses will be grounded in their communities’ shared values. (shrink)

In Quest of Justice: Islamic Law and Forensic Medicine in Modern Egypt. By Khaled Fahmy. Oakland: University of California Press, 2018. Pp. xiii + 377. $39.95.

In 2011, the Middle East saw more people peacefully protesting long entrenched dictatorships than at any time in its history. The dictators of Tunisia, Egypt, and Yemen were deposed in a matter of weeks by nonviolent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region ever since. Beyond an uneven course in different countries, Philosophy of Nonviolence examines how 2011 may have ushered in a fundamental break in world history. The break, the book argues, (...) is animated by nonviolence as the new spirit of the philosophy of history.Philosophy of Nonviolence maps out a system articulating nonviolence in the revolution, the rule of constitutional law it yearns for, and the demand for accountability that inspired the revolution in the first place. Part One--Revolution, provides modern context to the generational revolt, probes the depth of Middle Eastern-Islamic humanism, and addresses the paradox posed by nonviolence to the 'perpetual peace' ideal. Part Two--Constitutionalism, explores the reconfiguration of legal norms and power structures, mechanisms of institutional change and constitution-making processes in pursuit of the nonviolent anima. Part Three--Justice, covers the broadening concept of dictatorship as crime against humanity, an essential part of the philosophy of nonviolence. It follows its frustrated emergence in the French revolution, its development in the Middle East since 1860 through the trials of Arab dictators, the pyramid of accountability post-dictatorship, and the scope of foreign intervention in nonviolent revolutions. Throughout the text, Professor Mallat maintains thoroughly abstract and philosophical arguments, while substantiating those arguments in historical context enriched by a close participation in the ongoing Middle East revolution. (shrink)

What is »justice« from the perspective of contemporary Arabo-Islamic philosophy? Kaouther Karoui takes a transcultural approach, open to different philosophical traditions, and seeks to decenter Western notions of normativity. She focuses on two thinkers, namely the feminist Fatima Mernissi (d.2015) and Mohammed Arkoun (d.2010), a well-known critic of hegemony and orthodoxy. She situates their thinking within current debates among Arab thinkers and brings their ideas into dialog with Western political philosophy. This study thus challenges stereotypes about the Arab-Islamic world by (...) discussing postcolonial theories of gender justice, political freedom, and religion. (shrink)

Justice in the bible -- Plato's The Republic -- Aristotle's Nicomachean ethics -- Justice in Islamic law -- Saint Thomas Aquinas' summa theologica -- Confucius in china -- The conquest of America -- Machiavelli: "the end justifies the means" -- Jiirgen Habermas' theory of diskursethik -- John Rawls' Justice as fairness -- Ronald Dworkin's Taking rights seriously -- Robert N Ozick's Anarchy, state, and utopia -- Justice as "efficiency" -- Justice and "desert" -- Precedents -- Wojciech sadurski -- Marx's justice (...) as a "critique" -- Alasdair macintyre -- "Feminist" justice. (shrink)

For over a century, intellectual property regimes have been justified using Western philosophical theories rooted in the idea that IP must reward talent and maximize global stocks of knowledge and cultural products. Reframing IP in a context of legal pluralism, Ezieddin Elmahjub brings an Islamic and comparative narrative to the appropriate design and scope of IP rights, and in doing so criticizes the dominance of Western influence on a global regime that impacts the ability of people to access medicine, to (...) read, to imagine, and to reshape popular culture. The Islamic vision of IP, which is based on a broad theory of social justice, maintains that IP cannot simply be seen as a reward for effort or tool to maximize economic efficiency but as one legal right within a complicated distributive scheme affecting fundamental human rights, equal opportunities, and human capabilities. (shrink)

This study analyses the commentaries of four Muslim intellectuals who have turned to scripture as a liberating text to confront an array of problems, from patriarchy, racism, and empire to poverty and interreligious communal violence. Shadaab Rahemtulla considers the exegeses of the South African Farid Esack (b. 1956), the Indian Asghar Ali Engineer (1939-2013), the African American Amina Wadud (b. 1952), and the Pakistani-American Asma Barlas (b. 1950). The authors considered all proritise the Qur'an over the hadith. Rahemtulla considers this (...) an essential move for a Muslim liberation theology and concludes with proposals with a new construal of what a politically radical Islam might mean, sharply differentitated from Islamism. This work provides a rich analysis of the thought-ways of specific Muslim intellectuals, it substantiates a broadly framed school of thought. Rahemtulla draws out their specific and general importance without displaying an uncritical sympathy. He sheds light on the impact of modern exegetical commentary which is more self-conciously concerned with historical context and present realities. In a mutally reinforcing way, this work thus illuminates both the role of agency and hermeneutical approaches in Modern Islamic thought. (shrink)

Pursuing Justice, Second Edition, examines the issue of justice by considering the origins of the idea, formal systems of justice, current global issues of justice, and ways in which justice might be achieved by individuals, organizations, and the global community. Part 1 demonstrates how the idea of justice has emerged over time, starting with religion and philosophy, then moving to the justice as a concern of the state, and finally to the concept of social justice. Part 2 outlines the very (...) different mechanisms used by various nations for achieving state justice, including systems based on common law, civil law, and Islamic law, with a separate discussion of the US justice system. Part 3 focuses on four contemporary issues of justice: war, genocide, slavery, and the environment. Finally, Part 4 shows how individuals and organizations can go about pursuing justice, and describes the rise of global justice. This updated timely book helps students understand the complexities and nuances of a society's pursuit of justice. It provides students with the foundations of global justice systems, integrating Greek philosophies and major religious perspectives into a justice perspective, and contributes to undergraduate understanding of international justice bodies, NGOs, and institutions. New edition is completely updated and revised to achieve relevance for today's students Covers concepts of justice as well as ideas for pursuing and achieving justice Examines how our modern laws began, and traces their evolution to today's laws Presents concepts and issues in justice studies as well as a comparison of several systems of law Teaching resources include discussion questions and real-world examples. (shrink)

The application of the death penalty for perpetrators of riddah by fuqaha is a problematic violation of human rights. This is because there is no good reason to show that the punishment for riddah is the death penalty. The existence of the hadith which is considered to be the legitimacy of riddah punishment turns out to be very different from the reality of its application in the history of Islamic criminal law. This article aims to answer academic anxiety about the (...) death penalty for perpetrators of riddah as a result of the ijtihad of fuqaha as well as to confirm the construction of its historical reality in state life. This article finds that some verses of the Qur’an and the hadith which are used as legal basis by fuqaha are only understood textually and treated as absolute theological verses and hadiths, but not based on historical evidence. The history of the application of criminal punishment during the time of the Prophet shows that there is no application of the death penalty to the perpetrators of riddah, except riddah which is followed by criminal acts. So it is not solely because of the act of riddah itself, but because of a greater crime against Islam. The implementation of the death penalty for the perpetrators of riddah which is based on textual interpretation of the hadith, thus has the potential to conflict with the principles of human rights and religious freedom which have been regulated in the Qur’an. Contribution: This study enriches perspectives on the meaning of riddah as one of the strategic issues in Islam and shows that a new interpretation of riddah has become an important idea to promote a peaceful and inclusive society and provide access to justice for all. (shrink)

Gendered Morality offers a textual-critical examination of gender in Islamic metaphysics and virtue ethics. Through a close reading of how masculinity and femininity are constructed, the book argues that the historically contingent nature of gender hierarchy, characterized as Islamic and ethical, is at odds with the overarching goal of Islamic ethics as earthly justice. Because the book moves beyond the typical Qur'anic and jurisprudence-based discourses about women's status, it makes a lasting contribution to our understanding of gender in the ethical (...) philosophy of Islam. (shrink)

This paper discusses conventional and Islamic concepts of distributivejustice, and develops propositions for the establishment of firms deemed to bemoral firms from Islamic perspective. Generally, distributive justice impliesthat goods should be distributed among members of the community accordingto their standing in society. In the Islamic scenario, however, the positive andthe normative aspects work simultaneously. The management of a firm seeksnot only to earn profit in this world but also to get reward in the life-hereafter.Thus, it is duty of a firm (...) to serve the community and look after its shareholders,employees and consumers. This paper also postulates that in a cooperativecum-competitive environment, firms have the same responsibilities as othermembers of the society. Hence, it is the duty of the firm to maintain distributivejustice among its stakeholders. It is also suggested that in the framework of theShariʽah, if there are any imperfections in the market, it is the responsibilityof the state to remove them. This paper also discusses the social and moralresponsibilities of the firms which claim that their products are Shariʽahcompliant. (shrink)

This book seeks to elucidate the concept of justice, not so much as it is expressed in law courts (retributive and procedural justice) or in state budgets (distributive justice), but as primary justice - what it means and how it can be grounded in the inalienable rights that each human being possesses qua human being. It draws inspiration from two recent works of philosopher Nicolas Wolterstorff, but also from the groundbreaking Islamic initiative of 2007, the Common Word Letter addressed by (...) 138 eminent Muslim scholars and clerics to the pope and all Christian leaders. This document affirmed that the two highest commandments in both Judaism and Christianity are also at the heart of the Islamic tradition - love of God and love of neighbor. In a style that lends itself to the classroom and beyond, the book's six chapters all begin with a case study of justice, so as to emphasize that justice must also be embodied in righteous social, political and economic practices. Along the way, leading contemporary scholars and activists from both traditions urge the reader - Muslim, Christian, or whatever - to look afresh at an age-old conundrum: how do justice and love interact so as to create a world in which everyone finds his or her rightful place? (shrink)

Journal of Religious Ethics, Volume 49, Issue 2, Page 245-269, June 2021.

A Common Justice: The Legal Allegiances of Christians and Jews under Early Islam. By Uriel I. Simonsohn. Divinations: Rereading Late Ancient Religion. Philadelphia: University of Pennsylvania Press, 2011. Pp. ix + 306. $79.95, £52.

Political liberals claim that liberal polities may legitimately dismiss the objections of ‘unreasonable’ citizens who resist political liberals’ favored principles of justice and political justification. A growing number of other political philosophers, including post-colonialist theorists, have objected to the resulting insularity of political liberalism. However, political liberals’ insularity also often prevents them from being sensitive or responsive to these critics’ complaints. In this article, I develop a more efficacious internal critique of political liberalism: I show that political liberals’ own core (...) principles of liberal legitimacy sometimes require liberal polities to engage with the objections of those who hold ‘unreasonable’, and even illiberal, views. First, I draw on the work of Sayyid Qutb, an illiberal Islamic political thinker, to argue that – contrary to what political liberals often imply – even ‘unreasonable’, illiberal citizens may be fair-minded: that is, they may be actively concerned to cooperate with others on fair and mutually endorsable terms. Second, I contend that a liberal state’s own core commitment to treating citizens as free and equal requires it to offer fair-minded illiberal citizens like Qutb deep reasons – that don’t presuppose agreement on liberal principles of justice and so can speak to them in the dialectical position they start from – for why they should accept the liberal laws with which the state coerces them to comply. By showing how political liberals’ own commitments oblige them to address even ‘unreasonable’ political perspectives, I open the door to their more robust engagement with their critics, including not only comparative political theorists but also the growing number of illiberal citizens who challenge democratic regimes. (shrink)

The author examines the development of the concept of justice in Arabic philosophical ethics, which culminates in the attempt by Miskawayh to harmonize Plato's concept of what it means to be just with Aristotle's concept of acting justly. Miskawayh's contribution, which draws upon Neo-Platonic and Stoic authors of late antiquity, is shown to shed light on possible modes of interpreting the ethical doctrines of Plato and Aristotle and even to point the way to the solution of some exegetical problems raised (...) by contemporary scholars. (shrink)

Building upon an ethnographic exploration of the pedagogy and alternative dispute resolution activities of an Islamic feminist movement in India called the Indian Muslim Women’s Movement, this article speaks to the tension between Saba Mahmood’s influential account of religion and gendered agency, and a liberal feminist conception of gender equality. Anthropological explorations of Muslim women’s pious commitments as well as liberal feminist engagements with religion and culture are premised upon a presumed dichotomy between ethical engagements with religion, and a commitment (...) to gender equality. Yet there is little analysis in existing scholarship of how gender equality is constituted by social movements premised on a religious identity, such as Islamic feminist movements. This article moves beyond thinking about gender equality merely as an abstract liberal normative good to explore how the discourse of gender equality is constituted in a movement that brings together everyday ethical commitments inspired by notions of piety and concerted everyday struggles against social and legal inequality. The ethnographic vignettes show how gender equality connotes social and legal equality between men and women premised on their equal spiritual status as God’s creations, their equal pious obligations irrespective of gender and the equal imperative of ethical conduct on both men and women based on Quranic values of compassion and justice. The pursuit of gender equality also entails reinterpretation of social norms in the light of ethical conduct, and an ethical commitment to collective struggle against gender discrimination in state and non-state forums. (shrink)