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Islamic Jurisprudence, Islamic Law, and Modernity
Mohammad Fadel's scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel's intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists' assumptions about politics, economics, and the domestic sphere. Fadel...
American Journal of Islamic Social Sciences 28:4
The American Journal of Islamic Social Sciences (AJISS), established in 1984, is a quarterly, double blind peer-reviewed and interdisciplinary journal, published by the International Institute of Islamic Thought (IIIT), and distributed worldwide. The journal showcases a wide variety of scholarly research on all facets of Islam and the Muslim world including subjects such as anthropology, history, philosophy and metaphysics, politics, psychology, religious law, and traditional Islam.
American Journal of Islam and Society (AJIS) - 40th Anniversary Special Issue - Volume 41 Issues 1
For forty years, AJIS has been a trusted platform for researchers, scholars, and practitioners, serving as a conduit for the exchange of ideas, the dissemination of cutting-edge research, and the cultivation of intellectual dialogue. Many of us found this journal a space for ruminating, discussing, and developing our own narratives on our Islamic heritage and what it means in the contemporary world. Especially compared to anti-Islamic biases in other corners of academia, AJIS is a coming “home.” One constant throughout the past four decades is the journal’s commitment to scholarship that documents and explores Islam’s rich religious, intellectual, legal, philosophical, and social...
Between Heaven and Hell
Introduction: grappling with the salvation question / Mohammad Hassan Khalil -- Failures of practice or failures of faith: are non-Muslims subject to the sharia? / A. Kevin Reinhart -- "No salvation outside Islam": Muslim modernists, democratic politics, and Islamic theological exclusivism / Mohammad Fadel -- The ambiguity of the Qur'anic command / William C. Chittick -- Beyond polemics and pluralism: the universal message of the Qur'an / Reza Shah-Kazemi -- The path of Allah or the paths of Allah? Revisiting classical and medieval Sunni approaches to the salvation of others / Yasir Qadhi -- Realism and the real: Islamic theology and the problem of alternative expressions of God / Tim Winter...
Al-Muwaṭṭaʾ, the Royal Moroccan Edition
The first written treatise of Islamic law, Imam Mālik's 8th century CE Muwaṭṭaʾ provides an unparalleled window into the lives, rituals, laws, and customs of Medina's early Muslim community. Based on the 2013 Muwaṭṭaʾ, The Royal Moroccan Edition, this translation with extensive notes makes this early legal text widely accessible.
The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers
The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi’s seminal work available to a wider audience. Al-Qarafi’s examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.
American Journal of Islamic Social Sciences 2:2
The American Journal of Islamic Social Sciences (AJISS), established in 1984, is a quarterly, double blind peer-reviewed and interdisciplinary journal, published by the International Institute of Islamic Thought (IIIT), and distributed worldwide. The journal showcases a wide variety of scholarly research on all facets of Islam and the Muslim world including subjects such as anthropology, history, philosophy and metaphysics, politics, psychology, religious law, and traditional Islam.
Muslim Reformists, Female Citizenship and the Public Accommodation of Islam in Liberal Democracy
The European Court of Human Rights (“ECHR”), in a trilogy of cases involving Muslim claimants, has granted state parties to the European Convention on Human Rights a wide margin of appreciation with respect to the regulation of public manifestations of Islam. The ECHR has justified its decisions in these cases on the grounds that Islamic symbols, such as the hijāb, or Muslim commitments to the shari'a - Islamic law - are inconsistent with the democratic order of Europe. This article raises the question of what kinds of commitments to gender equality and democratic decision-making are sufficient for a democratic order, and whether modernist Islamic teachings manifest a satisfactory norma...
