Negotiating Apostasy: Applying to “Leave Islam” in Malaysia

In Malaysia, freedom of religion has clear limitations, especially regarding Muslims wishing to leave Islam, who may currently find it difficult to secure legal acceptance. However, such applications are received under a Sharia legal provision in Negeri Sembilan – the only state in Malaysia that allows a Muslim to change his religion for reasonable cause. The application is made at the Sharia High Court, and is then forwarded to the Mufti's Department, which in turn arranges a consultation for the applicant to reconsider his decision. This article critically reviews this process of application to leave Islam and also provides a clear mapping of principal court decisions and an analysis of the legal rationale for accepting some applications and refusing others. The paper is critical of the disproportionate discretion afforded to Muslim bureaucrats in the Mufti's Department with regard to determining an individual's religious rights and argues that, in Malaysia, the power to legally determine or classify religion should be confined to the Sharia Court. Finally, the article evaluates how “applications to leave Islam” are reconciled with and distinguished from the Islamic prohibition of “apostasy” and so is relevant to Islamic countries beyond Malaysia.     

Islam and Gender in the Thought of a Critical-Progressive Muslim Scholar-Activist: Ziba Mir-Hosseini

This article highlights the scholarly contribution of the Iranian-born Muslim scholar-activist Ziba Mir-Hosseini to the academic field of gender and Islam. In the first part, Mir-Hosseini's thought is positioned within the larger processes of the shifting loci of authority and normativity in contemporary Islamic discourses, particularly with reference to the emergence of what will here be termed critical-progressive Muslim scholar-activists. There follows a brief justification as to why a study of Mir-Hosseini's thought in relation to gender and Islam warrants examination. Mir-Hosseini's personal journey in the field of gender and Islam is then outlined and her major contributions to the field are noted. This is followed by a discussion of the support Mir-Hosseini finds for her ideas in the hermeneutical theories employed by reformist male Muslim scholars, and then an examination of her views on the relationship between Islamic feminism discourses and (neo-)traditional expressions of Islam. Mir-Hosseini's deconstruction of the assumptions governing classical Muslim family law and ethics that have been re-appropriated and legally enforced by some contemporary Muslim majority nation states is presented next, followed by a discussion of her proposals for the reform of Muslim family law and ethics. The final section discusses Mir Hosseini's activism with special reference to her involvement with Musawah, the global movement for equality in Muslim family law based in Kuala Lumpur, Malaysia.     

《侵权责任法》背景下临床决策新路径与方法探讨

我国新颁布实施的《侵权责任法》对临床决策产生了重大影响,需要我们医务人员高度认识新法律的地位与作用,需要认识临床决策的真正内涵。通过深化医患沟通职能建设、患方参与医疗小组、健全医患权益协议书、加强患者医学与健康教育等,探索临床决策的新路径和方法。     

Co‐Creating Adoption Law: A Lutheran Perspective

Abstract : Lutheran theological insights on orders of creation, the duty of neighbor‐love, and the pervasiveness of sin in institutions as well as individuals can help secular governments and adoption agencies consider how to respond to controversies over interracial and intercountry adoption, parental qualifications, open adoption, and the market structure of adoption in the United States.     

COMPARING PLEASURE AND PAIN: THE FUNDAMENTAL MATHEMATICAL EQUIVALENCE OF REWARD GAIN AND SHOCK REDUCTION UNDER VARIABLE INTERVAL SCHEDULES

The relationship between positive and negative reinforcement and the symmetry of Thorndike's law of effect are unresolved issues in operant psychology. Here we show that, for a given pattern of responding on variable interval (VI) schedules with the same programmed rate of food rewards (positive reinforcement VI) or electric shocks (negative reinforcement VI), there is a fundamental mathematical equivalence between reward gain and shock reduction. We also provide the first normative account of how animals should respond on a negative VI schedule, showing that it is better to space responses evenly than to respond with a variable interresponse time (IRT). Published data from rats, however, indicate that these animals respond irregularly, often with a burst of activity immediately following a shock. While this is irrational in the experimental setting, it may represent an appropriate response to the heterogeneity of stimuli commonly encountered in natural environments. We discuss the broader implications of our analysis for understanding how animals evaluate appetitive and aversive stimuli.     

Exploring the robustness of cross-situational learning under Zipfian distributions

Cross-situational learning has recently gained attention as a plausible candidate for the mechanism that underlies the learning of word-meaning mappings. In a recent study, Blythe and colleagues have studied how many trials are theoretically required to learn a human-sized lexicon using cross-situational learning. They show that the level of referential uncertainty exposed to learners could be relatively large. However, one of the assumptions they made in designing their mathematical model is questionable. Although they rightfully assumed that words are distributed according to Zipf's law, they applied a uniform distribution of meanings. In this article, Zipf's law is also applied to the distribution of meanings, and it is shown that under this condition, cross-situational learning can only be plausible when referential uncertainty is sufficiently small. It is concluded that cross-situational learning is a plausible learning mechanism but needs to be guided by heuristics that aid word learners with reducing referential uncertainty.     

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.     

PATERNITY BETWEEN LAW AND BIOLOGY: THE RECONSTRUCTION OF THE ISLAMIC LAW OF PATERNITY IN THE WAKE OF DNA TESTING

Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority of Islamic law in this area, the paper argues that classical Islamic rulings pertaining to paternity issues continue to hold higher authority even in cases of conflict with modern technology‐based alternatives. Through closer analysis, the paper traces the emergence of a differentiation in the function of DNA tests between identity and paternity verification. While the former is accepted without reservation, the latter is approved only when it does not violate the rulings of Islamic law.