COLLECTIVE RELIGIO‐SCIENTIFIC DISCUSSIONS ON ISLAM AND HIV/AIDS: I. BIOMEDICAL SCIENTISTS

During the 1990s, biomedical scientists and Muslim religious scholars collaborated to construe Islamic responses for the ethical questions raised by the AIDS pandemic. This is the first of a two‐part study examining this collective legal reasoning (ijtihād jamā‘ī). The main thesis is that the role of the biomedical scientists is not limited to presenting scientific information. They engaged in the human rights discourse pertinent to people living with HIV/AIDS, gave an account of the preventive strategy adopted by the World Health Organization, and offered an (Islamic) virtue‐based preventive model. Finally, these scientists tried to draft a number of Islamic legal rulings (a?kām), usually seen in Islamic jurisprudence as the exclusive business of Muslim religious scholars. This multilayered role played by the scientists reflects intriguing developments in the Islamic religio‐ethical discourse in general and in the field of Islamic jurisprudence in particular.     

Engaging with Faith Councils to Develop Stoma-specific Fatawās: A Novel Approach to the Healthcare Needs of Muslim Colorectal Patients

Intestinal stomas are common. Muslims report significantly lower quality of life following stoma surgery compared to non-Muslims. A fatwā is a ruling on a point of Islamic law according to a recognised religious authority. The use of fatawās to guide health-related decision-making has becoming an increasingly popular practice amongst Muslims, regardless of geographic location. This project aimed to improve the quality of life of Muslim ostomates by addressing faith-specific stoma concerns. Through close collaboration with Muslim ostomates, a series of 10 faith-related questions were generated, which were posed to invited local faith leaders during a stoma educational event. Faith leaders received education concerning the realities of stoma care before generating their fatawās. The event lead to the formulation of a series of stoma-specific fatawās representing Hanafi and Salafi scholarship, providing faith-based guidance for Muslim ostomates and their carers. Enhanced communication between healthcare providers and Islamic faith leaders allows for the delivery of informed fatawās that directly benefit Muslim patients and may represent an efficient method of improving health outcomes in this faith group.     

The traveling idea of Islamic Protestantism: a study of Iranian Luthers

This article examines some religious ideas of three prominent Iranian intellectuals: Sayyid Jamāl al-Dīn al-Afghānī, Ali Sharī ^c ati, and Hashem Aghajari. They are considered Iranian Luthers for their deep appreciation of Martin Luther's Protestant Reformation of the sixteenth-century in Europe, and their calls for Islamic Protestantism in Iran. However, this article is not intended to compare two religious reformations in Europe and Iran, but rather to study the traveling idea of Islamic Protestantism from al-Afghānī and Sharī ^c ati, to Aghajari in different situations and periods, and in response to different challenges. Edward Said's ‘traveling theory’ is used to analyze the dynamic historical movement of Islamic Protestantism ‘from person to person, from situation to situation, and from one period to another’. The traveling idea of Islamic Protestantism from al-Afghānī, Sharī ^c ati, to Aghajari, then creates the chain of intellectual transmission from the old generation to a newer one. As with ‘traveling theory reconsidered’, however, there is also the possibility that the idea of Islamic Protestantism will be reinterpreted and reinvigorated by a newer generation.     

Wilāyah (authority and governance) and its implications for Islamic bioethics: a Sunni Māturīdi perspective

Juridical councils that render rulings on bioethical issues for Muslims living in non-Muslim lands may have limited familiarity with the foundational concept of wilāyah (authority and governance) and its implications for their authority and functioning. This paper delineates a Sunni Māturīdi perspective on the concept of wilāyah, describes how levels of wilāyah correlate to levels of responsibility and enforceability, and describes the implications of wilāyah when applied to Islamic bioethical decision making. Muslim health practitioners and patients living in the absence of political wilāyah may be tempted to apply pragmatic and context-focused approaches to address bioethical dilemmas without a full appreciation of significant implications in the afterlife. Academic wilāyah requires believers to seek authentication of uncertain actions through scholarly opinions. Fulfilling this academic obligation naturally leads to additional mutually beneficial discussions between Islamic scholars, healthcare professionals, and patients. Furthermore, an understanding derived from a Māturīdi perspective provides a framework for Islamic scholars and Muslim health care professionals to generate original contributions to mainstream bioethics and public policy discussions.     

Europe,the New Abyssinia: On the Role of the First Hijra in the Fiqh al-Aqalliyyāt al-Muslima Discourse

Since the mid-1980s, Muslim jurists and theologians have discussed the permissibility of mass-scale Muslim permanent voluntary settlement in majority non-Muslim countries and the unique challenges Muslim minorities face in secularizing Christian societies. Their efforts constitute a new field in Islamic jurisprudence, fiqh al-aqalliyyāt al-Muslima (the religious law of Muslim minorities). A number of participants in this field have introduced analogies between present realities and the first hijra – the migration to Christian Abyssinia (Ethiopia) with the blessing of the Prophet Muhammad. The objectives of this article are twofold: (a) to point to the roles of these analogies in fiqh al-aqalliyyāt al-Muslima discourse and (b) to demonstrate how Islamic jurists and theologians interpret similar or almost similar mythical narratives to support conflicting arguments. The article draws on a qualitative reading of several dozen religious decisions, treatises and sermons by jurists and theologians collected from mosques, Islamic centres and libraries in Europe, as well as from online resources.     

Can Muslims Befriend Non-Muslims? Debating al-walāʾ wa-al-barāʾ (Loyalty and Disavowal) in Theory and Practice

This article analyzes the polemic on the concept of al-walā? wa-al-barā? (commonly translated as “loyalty and disavowal”). While existing academic literature focuses on the usages of this concept by jihad activists, the article centers on the role “loyalty and disavowal” plays in debates between contemporary salafī and wasa?ī jurists and theologians, specifically in their conflicting agendas for Muslims living as minorities. Salafīs, relying on several qur'anic verses and Prophetic traditions, promote an understanding of “loyalty and disavowal” that requires Muslims to refrain from befriending or loving non-Muslims, or imitating their beliefs and customs. Relying on counter-verses and traditions, in particular Q 60.8, wasa?īs have interpreted the concept of “loyalty and disavowal” more narrowly, arguing that it applies only to non-Muslims who fight against Muslims; as part of their integration-oriented doctrine for Muslims in the West, they have in recent years dedicated considerable efforts to refuting the salafī interpretation of al-walā? wa-al-barā?. The article examines the juristic methodologies utilized in the debate, and how it has affected religious decisions (fatwās) on Islamic life in Western societies.     

Tradition,Reason, and Qur’anic Exegesis in the Modern Period: The Hermeneutics of Said Nursi

Key figures in modernist Qur’an exegesis include Sayyid Ahmad Khan (d. 1898) and Muhammad ?Abduh (d. 1905). This article presents the exegetical principles of Bediuzzaman Said Nursi (1877–1960), a Muslim thinker and a major twentieth-century Turkish scholar who is not necessarily to be labelled a ‘modernist’, on tafsīr bi-al-ma?thūr (tradition-based exegesis) and tafsīr bi-al-ra?y (reason-based exegesis) with special reference to the views of early Muslim modernist thinkers. It particularly refers to Nursi’s work on u?ūl al-tafsīr, Mu?ākamāt (Reasonings), and his one-volume commentary, Ishārāt al-i?jāz (Signs of Inimitability), in order to understand his method of tafsīr. The purpose of the article is to place Nursi within the historical framework of Qur’an exegesis and it argues that, while there are some similarities between ?Abduh and Nursi since the latter is influenced by the former, the methodological differences are clear. While ?Abduh’s method is text-based, Nursi’s is based on kalām (Islamic theology). While ?Abduh is critical of the classical style tafsīr and linguistic discussions in tafsīr, Nursi can be considered to be a modern representative of the Ottoman exegetical school and a follower in the way of al-Zamakhsharī (d. 538?1144), Fakhr al-Dīn al-Rāzī (d. 606?1210) and al-Bay?āwī (d. 685/1286).     

Traditionalism and reformism polemic in Malay–Muslim religious literature

At the end of the twentieth century, the Muslim academic world has been faced with a polemic between traditionalism and reformism, to the extent that it has come to preoccupy most present-day scholars. Most modern studies on contemporary Islamic law have mainly concentrated on Muslim countries in the Middle East and the Indian sub-continent, but this study will look at Malaysia, which is a relatively new field of Islamic legal inquiry. The article will concentrate on historical events in Malaysia from 1900 until the 1940s and, on the basis of what these events revealed, will highlight the legal polemic initiated by Malayan Islamic reformism and traditionalism. The discussion will focus on three issues: first, the capacity of human reason to understanding Islamic teaching; second, the concepts of ijtihād and taqlīd; and third, attitudes towards classical Muslim fiqh.     

Ethical Obligations and Clinical Goals in End-of-Life Care: Deriving a Quality-of-Life Construct Based on the Islamic Concept of Accountability Before God (Taklīf)

End-of-life medical decision making presents a major challenge to patients and physicians alike. In order to determine whether it is ethically justifiable to forgo medical treatment in such scenarios, clinical data must be interpreted alongside patient values, as well as in light of the physician's ethical commitments. Though much has been written about this ethical issue from religious perspectives (especially Christian and Jewish), little work has been done from an Islamic point of view. To fill the gap in the literature around Islamic bioethical perspectives on the matter, we derive a theologically rooted rubric for goals of care. We use the Islamic obligation for Muslims to seek medical treatment as the foundation for determining the clinical conditions under which Muslim physicians have a duty to treat. We next link the theological concept of accountability before God (taklīf) to quality-of-life assessment. Using this construct, we suggest that a Muslim physician is not obligated to maintain or continue clinical treatment when patients who were formerly of, or had the potential to be, mukallaf (the term for a person who has taklīf), are now not expected to regain that status by means of continued clinical treatment.     

Treating minorities with fatwas: a study of the Ahmadiyya community in Indonesia

The term “minority religious community” in the Muslim country of Indonesia refers not only to those embracing religions other than Islam, but also to minority groups like the Ahmadiyya. Recently, the treatment of Ahmadis has been worse than the treatment of non-Muslims. This article, therefore, intends to study the status of ‘deviant’ groups under Islamic law and the treatment of them in Muslim society. Specifically, this article addresses the following questions: How did ulama in the past define and treat minority groups? How do contemporary Sunni ulama define and treat the Ahmadiyya? What is the status of this group under Islamic law? Are they apostates, heretics, or unbelievers? And what are the legal consequences of these charges? To answer these questions, this article employs two methods. First, for theoretical treatment of minority groups in the past, this article focuses its analysis on al-Ghazāli’s Fay?al al-tafriqa and Fa?ā’i? al-bā?iniyya. Second, following a discussion of classical Islam, the article moves to contemporary time by analyzing fatwas against the Ahmadiyya from five institutions: the Rābi?a al-‘?lam al-Islāmī, Majelis Ulama Indonesia (MUI), Muhammadiyah, Council of the Islamic Fiqh Academy of the Organization of Islamic Cooperation (OIC), and Nahdlatul Ulama (NU). This article argues that, first, fatwas against the Ahmadiyya issued by these institutions were intended as a device to sustain orthodoxy of umma and, second, orthopraxy or devoutness in observing religious rituals, as practiced by the Ahmadis, does not exempt them from the charge of apostasy because theologically they are believed to deviate from orthodox beliefs.     

Raising Salafī Children in the West

Despite the importance salafīs place on children’s education, this aspect of their discourse has hardly been studied. The present article examines how salafī jurists based in the Arab world, salafī imams based in the West and salafī authors of English-language children’s books conceptualize the norms for raising children, and what they believe should be done specifically to assure the virtuous Islamic upbringing of children in Western societies. Exploring issues ranging from what constitutes proper schooling to whether Muslim children may befriend non-Muslim children and whether it is permissible to celebrate birthdays, play foosball or play with dolls, the article analyses the educational challenges salafī communities in the West face as enclaves that resist both majority secular societies and the majority among Muslim minorities, and presents the nuances, and in some cases contestations, among salafī leaders as to how these challenges should be addressed and prioritized.     

Refuge in the Bosoms of the Mountains: A Ninth-Century Muslim Appraisal of Monastic Piety

ABSTRACT

This article examines a relatively little-known text, the Kitāb al-ruhbān/Book of Monks, from the ninth-century Muslim moralist, Ibn Abī al-Dunyā. The topical range of Ibn Abī al-Dunyā’s own literary corpus was extensive, yet the concern for ascetic practices forms a consistent thread throughout his work. As for this particular text, the esoteric wisdom associated with asceticism is specifically communicated through the teachings of Christian hermits. The Kitāb al-ruhbān, formulated as a collection of short dialogues and edifying statements regarding Christian monastic piety, profoundly demonstrates the continuing appreciation for monastic insight, particularly amongst Muslim ascetics, well into the Islamic period. There are, moreover, no explicit traces of sectarianism or confessional barriers here. Instead, the sagacious maxims for maintaining a righteous life are often passed from Christian hermits to devout Muslim listeners. This text thus further reveals the intricate connections between Christian monastic communities and medieval Islamic mystical culture.     

Being an Intelligent Slave of God

How did premodern Muslim thinkers talk about living authentically as a Muslim in the world? How, in their view, could selves transform themselves into ideal religious subjects or slaves of God? Which virtues, technologies of the self and intersubjective relations did they see implicated in inhabiting or attaining what I shall call ?abdī subjectivity? In this paper, I make explicit how various discursive, ethical strategies formed, informed, and transformed Muslim subjectivity in early Muslim thought by focusing on the writings of an important ninth century Muslim moral pedagogue, al‐Mu?āsibī (d. 857). This study illustrates the advantages of approaching early Muslim texts and discourses through the tools and methods made available by comparative religious ethics in order to reexamine our understanding of Muslim subject formation and the role of ethical and theological discourses in the same.     

THE RIGHTS OF MUSLIM WOMEN: A Comment on Irene Oh's The Rights of God

This review of Irene Oh's The Rights of God focuses on women's rights in Islamic theory and practice. Oh suggests that religious establishments, and the texts they disseminate, often press believers to recognize and reject social problems, such as racial and gender discrimination. Islamic scholars and texts have played a more ambiguous role in efforts to recognize women's rights within Muslim states. Modernist intellectuals have used Islamic texts to support the advancement of women's rights, but members of the more conservative religious establishment have typically curbed or rejected these efforts. Muslim women themselves have established various responses to the question of Islam's compatibility with women's rights. While some embrace the value and compatibility of both, others reject the propriety of either Western conceptions of rights, or the Islamic tradition, as harmful for women. Muslim reformers and feminists have much to learn from comparative studies with other faith communities that have undergone similar struggles and transformations.     

The ʿUlamāʾ, Fatāwā and Challenges to Democracy in Contemporary Indonesia

This article examines the fatāwā issued by the Council of Indonesian ?ulamā? (Majelis Ulama Indonesia; MUI) regarding democracy, pluralism and religious minorities and explores their socio-historical contexts. The MUI emerges as having an ambiguous attitude towards democracy. The 1998 reform in Indonesia offered a backdrop that encouraged the MUI to be more independent from the state. This enabled the MUI to produce Islamic religious discourses that intersect with democracy, civil society, law enforcement, human rights, public security and elections. The MUI has accepted several principles that are prerequisites for a democratic society and state, such as equality before the law, good governance, protection of human rights, maintenance of public peace and security, and participation in fair elections. However, the Council is very conservative when comes to safeguarding Islamic faith and theology. It rejects pluralism, religious freedom and Muslim minorities such as the Ahmadiyya. The MUI's strict interpretation of Islam and support for Islamist ideology and conservatism prevent it from accepting democracy fully.     

Between daʿwa and Dialogue: Religious Engagement in Muslim-minority Environments

ABSTRACT

Muslim engagement in interfaith and intercultural dialogue began in earnest after the turn of the twenty-first century in response to the rise of global jihad. Both dialogue and jihad are outgrowths of da?wa, the call or mission of Islam, the principal mode of modern Islamic activism. The foundations were laid in the later part of the twentieth century by Muslim intellectual-activists living in non-Muslim environments, who played a special role in conceptualizing the new notion of dialogue and its relation to da?wa. This essay focuses on four pioneering figures, two from the indigenous context of India – the modernist Asghar Ali Engineer and the reformist ?ālim Wahiduddin Khan, and two from the diaspora milieu of the West – the Palestinian-American academic activist Ismail Raji al-Faruqi and the European Muslim spokesman Tariq Ramadan. Each represents a distinct religious orientation that also reflects a different phase in the evolution of modern Islamic discourse. Taken together, these intellectual-activists chart the trajectory of modern Islam from the early pre-Islamist liberal hopes to the present post- and neo-Islamist efforts to navigate between Western-dominated globalization and Islamist jihadism.     

The Rādhāsoāmī Theory of Subtle Body as an Expression of Religious Inclusivism

This article looks at the yogic theory of subtle body as a hermeneutical and pedagogical tool used by the Rādhāsoāmī (rādhāsvāmī) tradition to construct an inclusivist strategy for appropriating other religious systems. When constructing the theory of surat-?abd-yoga, the Rādhāsoāmīs took the ha?ha yoga of the Nāths as a vital reference point. While rejecting the corporeal techniques of ha?ha yoga, they remained influenced by the Nāth theory of subtle body. A thorough modification and expansion of this theory enabled the Rādhāsoāmīs to construct a historiosophy based on a hierarchy of religious paths. The article discloses various manifestations of the inclusivist strategy in Rādhāsoāmī thought, establishes its historical and structural determinants, and examines the process of development of the theory of subtle body into a hermeneutical tool for interpreting rival paradigms of yoga in a manner that portrays them as inferior.

     

Shīʿa neo-traditionalist scholars and theology of homosexuality: review and reflections on Mohsen Kadivar’s shifting approach

This article explores how Shī?a neo-traditionalist scholars have formed views on the issue of homosexuality by applying Shī?a Islamic version of ijtihād. This theme will be investigated with reference to Dr Shaykh Mohsen Kadivar’s shifting approaches on homosexuality. In response to questions he received from 2006 to 2014 from Shī?a grassroots Muslims, Kadivar passed through three stages in his view of the issue of same-sex relationships moving from a harshly punitive to a merely tolerant and finally a more moderate position, albeit one that did not incorporate human rights. This article explores how Kadivar began by upholding an Islamic traditionalist homophobic view towards homosexuality in which same-sex relationships are perceived as a threat to Muslim societies so are, therefore, prohibited (?arām) and must be severely punished. Equally, it also explores how Kadivar developed a more tolerant perspective, by rejecting the traditional punishments of homosexuality, and then advocated a moderate view, by conceding that homosexual Muslims should have general civil rights. Although Kadivar is still reluctant to accept homosexual individuals as being permitted to fulfil their sexual desires and needs as their basic human rights, this article argues that a deeper reading of Kadivar’s scholarship demonstrates that his theological repertoire is extensive enough to have the capacity to permit practicing homosexuality in Islam. Kadivar seems to be sufficiently self-aware to recognize this capacity which initiated to develop and progress his Islamic approach on this issue since a decade ago, albeit slowly.     

THE BEGINNING OF HUMAN LIFE: ISLAMIC BIOETHICAL PERSPECTIVES

Abstract. In January 1985, about 80 Muslim religious scholars and biomedical scientists gathered in a symposium held in Kuwait to discuss the broad question “When does human life begin?” This article argues that this symposium is one of the milestones in the field of contemporary Islamic bioethics and independent legal reasoning (Ijtihād). The proceedings of the symposium, however, escaped the attention of academic researchers. This article is meant to fill in this research lacuna by analyzing the proceedings of this symposium, the relevant subsequent developments, and finally the interplay of Islam and the West as a significant dimension in these discussions.