Pakistan Federal Shariat Court's Collective Ijtihād on Gender Equality,Women's Rights and the Right to Family Life

This article argues on the basis of recent case law that the judges of the Pakistan Federal Shariat Court (FSC) have asserted their right to ijtihād and have indeed engaged in collective ijtihād. While in some areas, such as freedom of religion, Islamic law has been interpreted rigidly in a non-human-rights-friendly fashion in Pakistan, in some other areas, the flexibility and pluralism of Islamic law has been used to improve gender equality, women's rights and the right to family life. By using its constitutional powers, with its collective ijtihād, the FSC has been tackling the traditionally illiberal interpretation and application of Muslim laws in these areas. Regardless of the methodology and process of this ijtihādic endeavor, the output shows that the FSC has been either modifying the traditional ijtihāds or coming up with totally new ijtihāds to answer contemporary questions faced by Islamic law. The findings of the article once again challenge the views of scholars such as Schacht, Coulson and Chehata, who have argued that, by the fourth/tenth century, the essentials of Islamic legal doctrine were already fully formulated and that the doctrine remained fixed.     

Liberation as a Correlate of Religiosity: a Christian–Muslim Perspective on Fundamental Trust

This article explores the dialectical relationship between liberating trust in reality and religious faith in God, interpreted from a Christian–Muslim perspective. An underlying conviction is that liberation constitutes a necessary mutual correlate of a “true” religiosity, i.e. liberation is to be conceived as both prerequisite for and realization of a genuine religiosity, and vice versa. As opposed to a “true” religiosity, born from liberating trust and finding its fulfilment in prophetic action aimed at liberation of human realities, religious belief and practice that stem from fundamental mistrust are likely to deteriorate into either religious fundamentalism or indifferentism. The article focuses on fundamental trust in reality as capable of evoking the liberating and uniting force of religious theory and praxis. It aims to render explicit the religious and ecumenical potential (hitherto not fully realized) of the theological–ethical considerations of Hans Küng, in particular within a Christian–Muslim framework. The first part of the article, more conceptual in character, examines Küng's views on fundamental (mis)trust and its religious implications. The second part seeks to identify theological insights that shed light on the specifically Christian and specifically Muslim interpretations of liberating trust. My hope is that this study may contribute to a truly global ecumenism whose objective is to render religion an instrument of liberation, not oppression.     

From criticism to approval: A reconsideration of Ji’s Yogācāra position on Madhyamaka

Madhyamaka and Yogācāra are two Mahāyāna schools which have distinct systems. In the seventh century East Asia, the doctrinal distinction between the two schools was received as doctrinal contrast in the polemic circumstance of Emptiness-Existence (C. kongyou 空有) controversy. In this context, Ji 基 (632–682), the putative founder of East Asian Yogācāra school, has been normally considered by scholars to have advocated ‘Existence’ (viz., Yogācāra) in opposition to ‘Emptiness’ (viz., Madhyamaka). It is problematic, however, to brand Ji’s Yogācāra position simply as anti-Madhyamaka. Although Ji evidently expresses evident criticism on such a Madhyamaka exegete as Bhāvaviveka (ca. 500–570) in some of his works, he also describes Bhāvaviveka in an amicable or even respective way in other works. By analyzing Ji’s extant works, this article argues that Ji’s scholastic attitude toward Madhyamaka changed from criticism to approval.     

The early Yogācāra theory of no-self

ABSTRACT

I reconstruct early Yogācāra theory of no-self based on works by Asa?ga and Vasubandhu. I introduce the idea of the cognitive schema (CS) of the self, a conception borrowed from the developmental psychologist, Jean Piaget. A fundamental CS is a psychological function that guides the formation of perceptions. I propose that Manas can be understood in terms of being the CS of the self, a psychological mechanism from which perceptions of external objects are formed. In addition, I argue that non-imaginative wisdom can be regarded as an experience during which the CS of the self does not function, such that one only possesses pure sensations without perceptions of external objects. After the repeated experience of non-imaginative wisdom, the CS of the self is changed to the purified CS of no-self. It still supports interactions with the external world, but in a way that does not allow the four afflictions (self-delusion, self-belief, self-conceit, and self-love) to arise.

Abbreviations: MS: Mahāyānasa?graha; TS: Tri??ikā-kārikā; TSN: Trisvabhāvanirde?a; VVS: Vi??atikā Vijñaptimātratāsiddhi     

A Reappraisal of the Role of Muḥibb al-Dīn al-Khaṭīb and the YMMA in the Rise of the Muslim Brotherhood

In contemporary academic literature, the name of the Syrian publisher and journalist Mu?ibb al-Dīn al-Kha?īb often appears in connection with the rise of the Muslim Brotherhood during the interwar years. Although his role in the transition of ?asan al-Bannā's movement from a marginal to a significant socio-political player in Egyptian affairs has been mentioned in numerous works, no comprehensive study has yet been undertaken to determine how and by what means exactly al-Kha?īb supported al-Bannā's organization in its early years. The following article is an attempt to answer these questions by showing the strategic importance of al-Kha?īb and his network in helping al-Bannā develop from being an Arabic teacher in a primary school to one of the main leaders of the Islamist movement in Egypt.     

Ishmael as Abraham's Sacrifice: Ibn Taymiyya and Ibn Kathīr on the Intended Victim

This article examines how Ibn Taymiyya and Ibn Kathīr shift the Islamic exegetical tradition towards accepting Ishmael as Abraham's intended sacrifice. Earlier exegetes, such as al-?abarī, maintained that Isaac was the intended sacrifice through a philological analysis of the qur'anic text. Contrary to expectations, Ibn Taymiyya and Ibn Kathīr do not only use Prophetic reports (Hadith) to make their case but also employ biblical and philological arguments. The modern dominance of Ibn Taymiyya's qur'anic hermeneutic and the popularity of Ibn Kathīr's qur'anic exegesis have influenced Islamic orthodoxy to hold that Ishmael was the sacrificial son and to be more skeptical of biblical sources.     

Karma accounts: supplementary thoughts on Theravāda,Madhyamaka, theosophy,and Protestant Buddhism

This article supplements Jens Schlieter's discussion of the cognitive metaphor of a karmic bank-account, adding selected points on karma monetary/fiscal metaphors as preserved chiefly in Pāli and Sanskrit sources. It explores various strands of the history of South Asian religions where distinct economic metaphors for karma come closer to the late ‘bank-account of karma’: i.e., the Vedic ‘three debts,’ a Hindu concept of God as accountant, the varieties of weighing the (mis)deeds, the Buddhist monastic status of debt and fiscal transactions, the equivalence of karma and debt as discussed by Madhyamaka thinkers, and others. While endorsing Schlieter's point, it also takes into account such modern Western sources as early theosophical discourse and ‘Protestant Buddhism.’     

Re-thinking necessity (al-Darūra) in al-Ghazālī's understanding of physical causation

The present article analyzes al-Ghazālī's (1058 – 1111) effort to reconcile the theological concept of a causally efficacious Creator with the idea of regularity, and thus, predictability, in physical nature. Al-Ghazālī reframed the necessity (al-darūra) of causal relationships in nature in order to achieve two goals: one, theological and the other, epistemological. His intellectual solution ultimately preserved both the human ability to know material causal relations as well as divine creative omnipotence, in particular, God's ability to perform miracles. The Muslim discussion thus indirectly contributed to Western speculative thinking on this problem. The balanced approach that al-Ghazālī took, nevertheless, fell by the wayside within the Islamic environment where it was either ignored, or only partially understood, or narrowly and imperfectly interpreted. In the purely Muslim context, it also is essential to underscore the importance of al-Ghazālī's epistemological discoveries in laying the groundwork for the establishment of a paradigm of natural scientific speculation in the medieval Islamic world.     

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).