Tag: Ijtihad

Shari’a, Fiqh, and the possibility/impossibility of Islamic Law

Shari’a (the Islamic style of life) will continue strongly. Fiqh will continue in worship and rituals, quasi-rituals, the principle of human interactions, and many parts of civil fiqh, including fiqh of the family, with observing gender equality and religious equality. Islamic law may be used in civil law and commercial law by observing four criteria (reasonability, justice, morality, and functionality). Other branches of law are counted as impossible. The cost of Islamizing them is much greater than leaving them to secular law while respecting Islamic ethics in these areas.

Rethinking Muslim Marriage Rulings through Structural Ijtihad

Within ‘Structural Ijtihad’, all juristic arguments on marriage and the validity of all derived rulings should be tested against four criteria: reasonability, justice, ethics, and effectiveness, all according to contemporary standards of justice and social realities. The author applies structural ijtihad to four contested areas of marriage (child marriage, rights and duties in marriage, divorce, and polygamy) to demonstrate the implementation of these criteria. In contrast to traditional fiqh, applying the structural ijtihad approach can preserve principles and standards within the tradition while adequately addressing today’s needs, contexts, and standards.

Human Rights and Reformist Islam

Human Rights and Reformist Islam translates the influential collection Haqq al-nas, and critiques traditional Islamic approaches to the question of compatibility between human rights and Islam, and argues instead for their reconciliation from the perspective of a reformist Islam. The book focuses on six controversial case studies: religious discrimination; gender discrimination; slavery; freedom of religion; punishment of apostasy; and arbitrary or harsh punishments. Critically compares Kadivar’s approach to Islam and human rights with those of five leading contemporary scholars: Mahmoud Taha, Abdullahi an-Na’im, Ann Mayer, Mohammad Shabestari and Abdulaziz Sachedina.

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Email: kadivar.mohsen59 (at) gmail.com

About

Mohsen Kadivar is a mujtahid, Islamic theologian, philosopher, writer, leading intellectual reformist, and research professor of Islamic Studies at Duke University.