Tag: sharia

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.

Comparative Religious Studies

The main goal of the seminar is a better understanding of the key concepts of Abrahamic traditions through comparative religious studies methodology. The seminar discusses theological subjects in the philosophical realm, descriptive not prescriptive, as a historian or an outsider of these traditions, not as an insider or believer. The discussions are purely neutral, critical analysis, historical, and based on modern scholarship of religious studies. Is the scripture infallible? Are Jews, Christians, and Muslims worshiping the same God? What is the initial capacity for violent interpretation in each tradition?

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.

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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.