Bosnian Islamic Law And Ethics

Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?

Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?

Bioethics has developed over the last few decades into a major field of inquiry. With advances in medicine progressively transforming our understanding of what constitutes life, there is need for a medical ethics to address many of the issues and challenges arising, particularly in the fields of genetics and reproduction. Of central significance are serious moral dilemmas confronting medical experts which require a theological perspective. Yet it is secular bioethics that is defining what constitutes human life and it is secular bioethics that is influencing policy on matters which concern us all and are likely to have grave societal impact. Is it right for a woman to act as surrogate for her sister? Or for a childless couple to resort to artificial insemination by donor? What does Islam have to say?

It is widely held today that classical Islamic law frees wives from any obligation to do housework. Wives’ purported exemption from domestic labor became a talking point among Muslims responding to Orientalist stereotypes of the “oppressed Muslim woman” by the late nineteenth century, and it has been a prominent motif in writings by Muslim feminists in the United States since the 1980s. In Wives and Work, Marion Holmes Katz offers a new account of debates on wives’ domestic labor that recasts the historical relationship between Islamic law and ethics. She reconstructs a complex discussion among Sunni legal scholars of the ninth to fourteenth centuries CE and examines its wide-ranging implications. As early as the ninth century, the prevalent doctrine that wives had no legal duty to do housework stood in conflict with what most scholars understood to be morally and religiously right. Scholars’ efforts to resolve this tension ranged widely, from drawing a clear distinction between legal claims and ethical ideals to seeking a synthesis of the two. Katz positions legal discussion within a larger landscape of Islamic normative discourse, emphasizing how legal models diverge from, but can sometimes be informed by, philosophical ethics. Through the lens of wives’ domestic labor, this book sheds new light on notions of family, labor, and gendered personhood as well as the interplay between legal and ethical doctrines in Islamic thought.

The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.

As a Slavic-speaking religious and ethnic “Other” living just a stone’s throw from the symbolic heart of the continent, the Muslims of Bosnia and Herzegovina have long occupied a liminal space in the European imagination. To a significant degree, the wider representations and perceptions of this population can be traced to the reports of Central European—and especially Habsburg—diplomats, scholars, journalists, tourists, and other observers in the late nineteenth and early twentieth centuries. This volume assembles contributions from historians, anthropologists, political scientists, and literary scholars to examine the political, social, and discursive dimensions of Bosnian Muslims’ encounters with the West since the nineteenth century.

Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.