While Teaching a course on Human Rights Laws and Islam, some of my students approached me asking for some short read on Islamic law and Islamic civilization. Considering the topic of the course, it was hard finding a book that is small yet relevant to the issues discussed in class. Then I found this manuscript sitting on the shelf for years. I offered it to couple students who read it and recommended that I make available in some form, as they have learned from it quite a lot in spite of the highly technical orientation of the materials contained therein. I spent few days reviewing it only to discover that Professor Khallaf did indeed offer quite an original analysis and perspective on a number of issues that are relevant today. I then decided to put this document in the public domain, hoping that students and scholars alike find it of use.
Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts—and contrary to the established practice—the author shows that these texts sanction only monogamous marriages, guarantee only female heirs' shares, and do not prescribe an inheritance principle that awards males twice the shares of females. He critically explores the way religion is developed and then is transformed into a social control mechanism that transcends legal reform, gender-sensitive education, or radical modernization. To ameliorate the legal, political, and economic status of women in the Islamic world, Souaiaia recommends the strengthening of civil society institutions that will challenge wealth-engendered majoritism, curtail society-manufactured conformity, and bridle the absolute power of the state.
This book compares Islamic and Western ideas of human rights in order to ascertain which human rights, if any, can be considered universal. This is a profound topic with a rich history that is highly relevant within global politics and society today. The arguments in this book are formed by bringing William Talbott’s Which Rights Should Be Universal? (2005) and Abdulaziz Sachedina’s Islam and the Challenge of Human Rights (2014) into conversation. By bridging the gap between cultural relativists and moral universalists, this book seeks to offer a new model for the understanding of human rights. It contends that human rights abuses are outcomes of complex systems by design and/or by default. Therefore, it proposes that a rigorous systems-thinking approach will contribute to addressing the challenge of human rights. Engaging with Islamic and Western, historical and contemporary, and relativist and universalist thought, this book is a fresh take on a perennially important issue. As such, it will be a first-rate resource for any scholars working in religious studies, Islamic studies, Middle East studies, ethics, sociology, and law and religion.
Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts—and contrary to the established practice—the author shows that these texts sanction only monogamous marriages, guarantee only female heirs' shares, and do not prescribe an inheritance principle that awards males twice the shares of females. He critically explores the way religion is developed and then is transformed into a social control mechanism that transcends legal reform, gender-sensitive education, or radical modernization. To ameliorate the legal, political, and economic status of women in the Islamic world, Souaiaia recommends the strengthening of civil society institutions that will challenge wealth-engendered majoritism, curtail society-manufactured conformity, and bridle the absolute power of the state.
Anatomy of Dissent in Islam is an interdisciplinary study of political and legal dissent in Islamic civilization from the seventh century on. (7th century). Using Ibadism as a case study, this work explores the events and teachings that shaped legitimacy and rebellion, orthodoxy and sectarianism, and law and culture in Islamic societies.
This publication explores the concepts of sexuality and obscenity in Islamic traditions and the way cultures and society shape the value systems that judge beauty, propriety, and legality. The author concludes that societal values are preserved in emerging religious teachings-by way of expanding categories for acts, rules, and values and by relying on practice-based consensus; not on negotiated consensus. As such, in Islam, obscenity and profanity become nuisances that disturb individuals' spiritual balance and unwanted variables that destabilize social equilibrium.
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