Islamic law; interpretation and construction; Shiites.

Critical and comparative analysis on the philosophical thoughts of ʻAlī Sharīʻatī and Sir Muhammad Iqbal, 19th and 20th centuries Muslim philosophers.

: The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah,in its capacity as the philosophy of Islamic law, in their legal and ethicalinterpretations, with added interest in addressing the issues of modern times.Aphoristically subsuming the major themes of the Sharīʿah, maqāṣid play apivotal role in the domain of decision-making and deduction of rulings onunprecedented ethical discourses. Ethics represent the infrastructure of Islamiclaw and the whole science of Islamic jurisprudence operates in the lightof maqāṣid to realize the ethics in people’s lives. (...) Scrutinizing the key themesof maqāṣid-based ijtihād and scope of ethics in maqāṣid, this article delvesinto the discourse on the application of maqāṣid to medical ethics. As a casestudy, this research analyses the extent of medical confidentiality in the light ofmaqāṣid and arrives at the conclusion that limited confidentiality goes more inline with the maxims of maqāṣid. (shrink)

Islamic finance has experienced considerable growth worldwide interms of deposits and assets of Islamic banks over the last 40 years, but showslittle signs of achieving maturity. Almost all Islamic finance products currentlyis use are mere replicas of their conventional counterparts. This study followsthe archival research strategy of Bryman, and analyses the literatureon Islamic finance theory and products and practices in order to ascertainthe reforms needed for the maturity goal. The paper proposes adoption ofa new law regarding money, different policy approaches, (...) new structures offinance for shifting to risk-based financing, new models, procedures and somefresh thought in order to relate banking and finance to the real economy. Itrecommends a leading role for Islamic economists for effective reforms in themonetary and credit system in order to ensure that all financing is based ongoods, services, stocks or securities representing real assets in line withthe Shariʽah principles. The suggested policy measures are expected to leadto social inclusion and harmony in the interests of all stakeholders in businessand finance transactions. (shrink)

The Sharī‘ah ‘Committee is a board which is independent in directing, reviewing and supervising an Islamic Financial Institution. It consists of those who are specialised in Fiqh Mu‛āmalāt or those who know it with expertise in other fields. In conjunction with IFIs emergence, the Accounting and Auditing Organization for Islamic Financial Institutions was established and has issued numerous standards on accounting, auditing and also governance for IFIs. The researchers intend to review the duties and decision-making guidelines of the Sharī‘ah Committee (...) prescribed by the AAOIFI in 2010. The review undergoes a thorough search and critical analysis of any related content about the topic throughout the whole standard. Some important results are: AAOIFI mentions directly the duties of the Sharī‘ah Committee along with the definition of this Sharī‘ah Committee. These duties are directing, reviewing and supervising. On the other hand, decision-making guidelines are indicated indirectly and they are scattered throughout the AAOIFI governance standards. (shrink)

Iqbal, Muhammad, Sir,1877-1938 ; Islamic philosophy; criticism.

: Hisbah is the most important institution in a society and nation.Enforcement parties are those who are directly involved in executing this. Incarrying out their duties, they bear heavy responsibility because it involvesthe rights of Allah and the rights of human. Hisbah implies theimplementation of al-amr bi-l-maʿrūf when it is clear thatit is abandoned, and wa-n-nahy ʿani-l-munkar when itis clear that it is done. This study is based on the concept of Hisbah in SharīʿahLaw which is of a general and (...) widespread aspect of enjoining good andpreventing evil. Literature reviews and library searches have been conductedintensively to clarify the principles of hisbah. Additionally, descriptiveand content analysis of textual content was done on the provisions of lawsand regulations as well as guidelines on the prevention of sharīʿah crimeparameters in Malaysia. In general, our country has implemented the conceptof hisbah in its own form without the branding of an institution specifically as“the institution of hisbah”. The roles and functions of hisbah are given to theSharīʿah Enforcement Division, Islamic Religious Department in the states. (shrink)

Rapid developments in science and technology have resulted in novel discoveries, leading to new questions particularly related to human values and ethics. Every discovery and technology has positive and negative implications and affects human lives either directly or indirectly, involving all walks of life. Bioethical discourse in Malaysia must consider the multiracial and multireligious background of Malaysia and especially the Islamic view as the majority of Malaysians are Muslims and Islam is the religion of the federation. This article discusses several (...) selected bioethical issues in Malaysia by studying the application of maṣlaḥah (the public good) and mafsadah (evil and harms) in Malaysian Islamic rulings (fatwas). This article uses the critical interpretation approach, as this is an ethical, interpretive, textual, and contextual analysis. In a situation when there is a conflict between maṣlaḥah and avoidance of mafsadah, it is preferred to attempt to address both needs. However, if maṣlaḥah and avoidance of mafsadah are mutually exclusive, the decision to choose must be made by weighing (tarjīḥ) and choosing the one which is superior. The maṣlaḥah and mafsadah concepts play vital and significant roles in bioethical discourse to realize human essential interests, namely faith, life, lineage, intellect, and property, thus achieving maqāṣid al-sharīʿah (the ultimate goal of sharia). This concept helps in guiding bioethical discussions, especially in determining the priority between achieving benefits and avoiding harms. The application of this concept will also assist Malaysian authorities in formulating appropriate rulings, especially bioethical issues related to Malaysian Muslims’ lives. (shrink)

The neoliberal economic system is a system that is used to support economic and political activities in the worldwide. But a series of failures was created by this system. The fundamental problems are economic inequality at the state level and economic gap at the community level. This study aims to prove the fragility of the neoliberal economic system by using Muhammad Bāqir al-Ṣadr's sharpy analysis of materialism capitalism. This study uses a critical literature study method. The main references are Falsafatunā (...) and IqtiṢādunā. According to Bāqir al-Ṣadr, the Islamic economic system is the answer to the problems posed by various economic systems based on capitalism and materialism. (shrink)

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī (150 A.H./767 C.E.). (shrink)

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī. (shrink)

Scientists cannot devise theories, construct models, propose explanations, make predictions, or even carry out observations, without first classifying their subject matter. The goal of scientific taxonomy is to come up with classification schemes that conform to nature's own. Another way of putting this is that science aims to devise categories that correspond to 'natural kinds.' The interest in ascertaining the real kinds of things in nature is as old as philosophy itself, but it takes on a different guise when one (...) adopts a naturalist stance in philosophy, that is when one looks closely at scientific practice and takes it as a guide for identifying natural kinds and investigating their general features. This Element surveys existing philosophical accounts of natural kinds, defends a naturalist alternative, and applies it to case studies in a diverse set of sciences. This title is also available as Open Access on Cambridge Core. (shrink)

The American Journal of Bioethics, Volume 12, Issue 7, Page 21-23, July 2012.

Two works on Dvaita (Vedanta) philosophy; critical edition.

Muslim communities in the village facing the COVID-19 Pandemic attempts to find refuge from the plague and hope for survival. However, this led to more caution, which may lead to xenophobia. Via ethnography, this study unmasks the xenophobic attitude. This research discusses the root causes of panic in the community so that remedies can be implemented. The research attempts to explain, from a socio-anthropological viewpoint, how people and religious groups in the village perceive the pandemic of COVID-19 based on their (...) belief in their faith and in the science. The research takes place in Cigagak village, an area of approximately 7000 m2 on the outskirts of Bandung of West Java of Indonesia. This study examines the selected respondents from about 190 inhabitants who had close ties to managing places of worship and public places. This study utilises a collaborative self-ethnographic method and qualitative analysis. The influence of COVID-19 has moved to new exclusive and disintegrating practices from the inclusion-cohesive religious tradition. Therefore, this study tries to find out ways on how to reduce exclusive perception and religious practices to a minimum level and how to disappear xenophobia. Amid the COVID-19 Pandemic, inclusive awareness and actions were re-established, and even social cohesiveness was fostered. This study concludes that in its deep conviction nature, theology can change exclusive behaviour to be inclusive if it is based on the religious principles that are raised in response to human events. In this case, the Muslim community in a village can change the fear of COVID-19 pandemic to be a reducer of the panic based on the support of the religious doctrines.Contribution: This article used a collaborative self-ethnography with a religious socio-anthropological viewpoint. This study could help to solve social problems through theological convergence in Islamic milieu, especially that of the government’s formal Islamic organisation and organic Islamic leaders of the society. (shrink)

While Ralph Waldo Emerson has been increasingly acknowledged as an American thinker influential in the evolution of nineteenth-century philosophy, his essays have largely failed to escape the charges of quietism and political apathy bestowed upon them in his lifetime. Yet if Emerson insisted on the importance of silence to the antislavery movement, it was perhaps due to his theory that one's deepest obligations become involuntarily part of the self and thus refuse to withstand representation in direct speech. My article reads (...) Emerson's writing in this light, suggesting more broadly that the common notion that silence and politics are antithetical be reconsidered with regard to the possibility that what constitutes political speech need not be explicit — or even vocal. (shrink)

The ArgumentBlood tests developed at the turn of the century could in some cases discern genetic relations. While such tests could never prove that a given individual had fathered a child in question, men of certain blood types could be exonerated from paternity of children with other blood types. Starting in the 1930s, scientists and lawmakers attempted to introduce such evidence into paternity or bastardy trials to attest to a man's innocence. Evidence from blood tests soon came to be used (...) in divorce cases.Blood tests appeared to be ideal for providing relevant information in cases when divorcing men claimed as a part of their suit that they had not fathered their ex-wife's child or children. Nevertheless, the courts remained reluctant to intro duce such evidence in divorce cases. This paper will argue that reluctance derived not from a distrust of the science, but from the courts' clinging to a definition of paternity that was not rooted in genetic connection.Many judges and juries fell back on the pre-industrial assumption that once a man married a woman he was automatically the father of any children she bore. While this assumption flew in the face of scientific evidence, it did have the advantage of ensuring that the children of married women could not be bastard ized. The changing manner in which courts handled the tension between genetic paternity and traditional paternity in divorce cases reveals how society's views on paternity have evolved over the course of this century. (shrink)

Saba Mahmood’s anthropological work studies the gain in skills, agency and capacity building by the women’s dawa movement in Egypt. These women increase their virtue toward the goal of piety by following dominant, often patriarchal norms. Mahmood argues that “teleological feminism” ignores this gain in agency because this kind of feminism only focuses on opposition or resistance to these norms. In this paper I defend Mahmood’s “anti-teleological” feminist work from criticisms that her project valorizes oppression and has no vision for (...) a nonoppressive feminist future. I argue the future envisioned by teleological feminists gets caught in “the Hegelian” trap of replicating past oppression in their feminist future. I find in Mahmood’s work the tools to escape this trap. I argue, rather than a movement of overcoming oppression, Mahmood’s work suggests an immanent and creative movement that emphasizes difference for a truly new future. I turn to a Bergsonian metaphor and argue that this movement can be seen as akin to the movement of biological evolution. I conclude using the work of Eve Sedgwick that the Egyptian women that Mahmood studies are being read in a “paranoid” fashion and demonstrate using Leila Ahmed a better “reparative” reading of these women. (shrink)

Data analytics, machine intelligence, and other cognitive algorithms have been employed in predicting various types of diseases in health care. The revolution of artificial neural networks in the medical discipline emerged for data-driven applications, particularly in the healthcare domain. It ranges from diagnosis of various diseases, medical image processing, decision support system, and disease prediction. The intention of conducting the research is to ascertain the impact of parameters on diabetes data to predict whether a particular patient has a disease or (...) not. This paper develops an improved ANN model trained using an artificial backpropagation scaled conjugate gradient neural network algorithm to predict diabetes effectively. For validating the performance of the proposed model, we conduct a large set of experiments on a Pima Indian Diabetes dataset using accuracy and mean squared error as evaluation metrics. We use different number of neurons in the hidden layer, ranging from 5 to 50, to train the ANN models. The experimental results show that the ABP-SCGNN model, containing 20 neurons, attains 93% accuracy on the validation set, which is higher than using the other ANNs models. This result confirms the model’s effectiveness and efficiency in predicting diabetes disease from the required data attributes. (shrink)

I begin the first part by showing how situationism should make us question traditional understandings of virtues as intrinsic dispositions. I concentrate specifically on situationist experiments related to mood. I then introduce Islamic virtue ethics and the dawa movement. In parts two and three I examine ethnography of the dawa movement to explore how they deal with worries about the influence of mood on their virtue. In part two I show how they train their habits in very traditional virtue ethics (...) ways in order to be more resilient when faced with virtue-diminishing affective situations. In part three I show how the situation, rather than hindering practitioners, is recruited into helping these women achieve piety. I conclude, in part four, by showing the dawa movement's creative use of the Islamic veil as a way to help these women deal with the objection that one cannot avoid all bad situations. Going beyond social psychological experiments, I examine two methodological sources not found in situationist debates. First, I argue for ethnography as an empirical method through which to study virtue. I draw on ethnography of the Islamic women's dawa movement. Secondly, the work in the philosophy of mind on ‘affective scaffolding’. (shrink)