ISLAM AND SCIENCE: CONTRADICTION OR CONCORDANCE

Abstract. Many question whether Islam and science can be compatible. In the first six hundred years of Islam, Muslims addressed all fields of knowledge available to them with unprecedented zeal and contributed immensely to the knowledge that became the precursor of the Renaissance in Europe. The Tatar invasion in the thirteenth century and the total destruction of Baghdad, the Muslim capital of knowledge and science, followed by the crusades, the ensuing hostility between East and West, and Western colonialism of Muslim countries led to a distrust of all knowledge emanating from the West. Such distrust closed the doors to ijtihad, a dynamic method in Islamic jurisprudence for addressing change, new demands, and new acquired knowledge, even though the Qur'an challenges Muslims to think, contemplate, understand, comprehend, and examine everything around them—tasks that bring humankind closer to God as they find methods to apply God's laws of justice and equity to the benefit of all humankind. Islam is the religion of yusr (ease) and not ‘usr (hardship). The creation of the world was for human benefit and use. Innovation for such beneficial use and application is a must.     

MUSLIM PERSPECTIVES ON STEM CELL RESEARCH AND CLONING

In Islam, the acquisition of knowledge is a form of worship. But human achievement must be exercised in conformity with God's will. Warnings against feelings of superiority often are coupled with the command to remain within the confines of God's laws and limits. Because of the fear of arrogance and disregard of the balance created by God, any new knowledge or discovery must be applied with careful consideration to maintaining balance in the creation. Knowledge must be applied to ascertain equity and justice for all of humanity. Research in Islam must be linked to the broad ethical base set forth in the Qur'an and the Sunnah. Whether embryonic stem cell research or cloning is ethically acceptable in Islam depends on the benefits derived from such applications. What is most important for the scholars is to adhere to the concepts of compassion, mercy, and benefit to everyone.     

Queer Muslim love: a time for ijtihad

ABSTRACT

Across the globe, Muslim communities have developed, and are continuing to develop, a theology of compassion, non-judgmental attitudes, and support toward queer Muslims. This discourse uses ijtihadic analysis to support acceptance of queer Muslim love, because religion is a strong and deep social construct that acts as a moral compass where Muslim queers learn to feel “unacceptable”, “bad”, and “worthless” and under the mercy of the horrified gaze of mainstream, heteropatriarchy, which uses religious arguments to contest the rights enshrined in the South African constitution. It provides a case study as a pedagogical reflection to share intentions, process, and outcomes of sexual diversity workshops to support queer Muslim love to broadly raise critical consciousness about alternative sexual orientations and identities.     

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.     

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.     

Islamic shari'a law,neotraditionalist Muslim scholars and transgender sex-reassignment surgery: A case study of Ayatollah Khomeini's and Sheikh al-Tantawi's fatwas

The attitude of Islamic scholarship and law with regard to the issue of transgender sex-reassignment surgery is still an important subject for Muslim transgender people. This operation was mostly regarded as sinful, thus prohibited (haram) in Islam by both Sunni and Shi'a traditional scholars. But in the late 1980s, sex-reassignment surgery was legalized (made halal) in shari'a and/or in state law by the fatwas of Ayatollah Khomeini in Iran and Sheikh Muhammad al-Tantawi in Egypt. It seems that these fatwas should initially be considered as an indication of Islamic tolerance toward transgender Muslims. This article explains how the transgender Muslims’ situation prompted the fatwas on sex-reassignment surgery and, therefore, how the fatwas, ultimately, expanded the scope of Islamic tolerance. The paper analyzes the main juridical reasons behind Khomeini and Al-Tantawi issuing such progressive fatwas through their classical methodology of understanding the Islamic concept of ijtihad. Following the same methodology, the article, as further discussion, offers to open up an Islamic debate over similar and related cases, such as homosexuality and bisexuality, aiming to improve Islamic tolerance or acceptance of these phenomena.