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Homegrown Radicals
The powerful story of how the War on Terror created the conditions for the emergence of a novel theory of jihad On March 7th, 2007, three Muslim university students left their small city on the Canadian Prairies, seemingly without a trace. In the ensuing months, their disappearance raised fears among Canadian and US security agencies that the men had become “radicalized,” posing a grave threat to national security. From presidential briefings and targeted drone assassinations to a politically charged trial in a Brooklyn courtroom, the men’s story sheds new light not only on the figure of the “radical,” but also on the “moderate” Muslim, represented by a community forever change...
The Rise of Critical Islam
In a richly narrated historical study, Youcef Soufi excavates an Islamic legal culture of critique from the 10th to 13th centuries. Focusing on the practice of munāẓara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Using the life and career of celebrated Iraqi jurist Abū Isḥāq al-Shīrāzī, he traces the formalization of debate gatherings at the dawn of the classical legal schools (al-madhāhib) in the early 10th century and analyzes the wider institutional, social, and discursive conditions that made debate an important feature of any jurist's practice. Pushing back against claims th...
Systemic Islamophobia in Canada
Systemic Islamophobia in Canada presents critical perspectives on systemic Islamophobia in Canadian politics, law, and society, and maps areas for future research and inquiry. The authors consist of both scholars and professionals who encounter in the ordinary course of their work the – sometimes banal, sometimes surprising – operation of systemic Islamophobia. Centring the lived realities of Muslims primarily in Canada, but internationally as well, the contributors identify the limits of democratic accountability in the operation of our shared institutions of government. Intended as a guide, the volume identifies important points of consideration that have systemic implications for whether, how, and under what conditions Islamophobia is enabled and perpetuated, and in some cases even rendered respectable policy or bureaucratic practice in Canada. Ultimately, Systemic Islamophobia in Canada identifies a range of systemically Islamophobic sites in Canada to guide citizens and policymakers in fulfilling the promise of an inclusive democratic Canada.
Ethics and Analogy (Qiyās) in 5th/11th-Century Islamic Legal Theory
In Ethics and Analogy (Qiyās) in 5th/11th-Century Islamic Legal Theory Felicitas Opwis presents how ʿAbd al-Jabbār, Abū l-Ḥusayn al-Baṣrī, al-Dabbūsī, al-Shīrāzī, and al-Juwaynī relate the ethical status of acts to their legal norm, and whether they apply the ethical content of divine rulings in the procedure of analogy when extending laws to new circumstances. The study draws attention to theological worldview as an explanatory factor of norm construction and a jurist’s approach to identifying the ratio legis of divine rulings. The book traces the shift, fully articulated later by al-Ghazālī, toward understanding the purpose of the divine law as attaining people’s maṣlaḥa in this life, which enables extending the law outside of Scripture and supports Ashʿarī legal universalism.
Inferences by Parallel Reasoning in Islamic Jurisprudence
This monograph proposes a new (dialogical) way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general (including legal reasoning in Common and Civil Law) but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical reasoning studied in contemporary philosophy of science and argumentation theory. After an overvie...
Inferences by Parallel Reasoning in Islamic Jurisprudence
This monograph proposes a new (dialogical) way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general (including legal reasoning in Common and Civil Law) but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical reasoning studied in contemporary philosophy of science and argumentation theory. After an overvie...
Das islamische Recht
Das islamische Recht ist im Westen durch spektakuläre Todesurteile und drakonische Körperstrafen in Verruf geraten, ansonsten aber weitgehend unbekannt. Was ist die Scharia? Was ist eine Fatwa? Kann es im Islam eine Gleichberechtigung der Geschlechter geben? Diese und andere Fragen behandelt Mathias Rohe in der ersten umfassenden Darstellung des islamischen Rechts seit Jahrzehnten. Erstmals beschreibt in diesem Buch ein islamwissenschaftlich geschulter Jurist Entstehung, Entwicklung und gegenwärtige Ausformung des islamischen Rechts. Mathias Rohe erläutert die wichtigsten islamischem Rechtsquellen und Rechtsfindungsmethoden und schildert die Regelungsbereiche des klassischen islamischen ...
