A mufti is an expert legal scholar who gives authoritative legal opinions based on his knowledge of jurisprudence, social realties, other religions, Sharia law, hadiths and legal maxims. These opinions, formally known as fatwas, provide objective insight about divorce, inheritance, slavery and paternity in Islamic communities. Muftis provide fatwa’s at the request of a Qadi (jurist), who often requires their assistance because muftis are able to maintain a high level of knowledge and an unbiased professional demeanor. Muftis begin by developing a strong understanding of the time, place and context of the environment. Doing so allows them to reorganize cases and analyze the most important issues. For example, in a case regarding property, the mufti makes four considerations about the most relevant and controversial topics. The four considerations are analogous to the major issues of the case: the role of appointed guardians, attaining mental maturity and rules for purchasing property1. His fatwa expresses his strong understanding of the circumstances of the case and how both litigants are trying to win. In another case about divorce, the mufti contrasts different circumstances for divorce to the current one. He addresses the ordinary necessities (maintenance, lodging and clothing) of a marriage and compares them to the current one, in which there is no basis for a divorce. Subsequently, this mufti’s opinion also conflicted with that of the Qadi’s2. This is not uncommon because the mufti produces his fatwa independent of the Qadi’s opinion. In addition, Qadis act sympathetically to litigants in some cases, thereby losing objectivity3. Muftis also cite religious doctrine, legal precedent and other scholars (Imams and jurists) to ... ... middle of paper ... ...repancies because the Islamic justice system rules towards logic of consequence and is not centralized and highly regulated after education. Nevertheless, Muftis (unlike Qadi’s) make decisions objectively. The multifaceted comprehension of the law allows mufti’s to extend the law specifically into so many different cases. Through the use of precedence, doctrines, logic statements, anecdotes and extensive schooling they produce seamless interpretations of the law. We see a mufti ask for the death of the wife and husband in a case regarding divorce while only the husband was accused13. They provide the most “letter to the law” fatwas in order to uphold Muslim value and fulfill the vital duties for a community to remain proper in the eyes of Allah. In the end, their contributions allow the community to grow and prosper in ways unique to the Islamic community.
In 1977, Nils Christie wrote the essay, “Conflicts as Properties”, in which he discusses the four problems that occur within the western legal system. The four problems that affect the legal system in four ways is that the courts are always located in areas that people may not have easy access to locate, the courthouses are challenging to find your way around, the parties are irrelevant to much of the proceedings and the proceedings makes conflicts between the actual parties involved turn into conflicts between the State and the parties 2.
The first model to the judicial decision making is the attitudinal model. This model of judicial decision making speculates that a judge’s behavior can be predicted mostly by his or her policy attitudes. It perceives judges of the court as motivated by policy goals and unconstrained by the law. Therefore, they decide cases according to moral preference rather than by the meaning or intention of legal texts. One review of the attitudinal model is the fact it relied heavily on unreliable evidence. Also, the attitudinal model of decision making does not always interpret from explaining justice’s decisions at the Supreme Court. Most legal practitioners such as lawyers and judges are likely to think that a very simple attitudinal model is missing
As a result of the emphasis placed upon the character of those involved in a dispute, one universal task performed by qadis is consultation with “notables” to determine a person’s reputation and standing within their community. This allows the qadi to gain knowledge as to the individual’s previous actions and distinguish between upstanding citizens and unscrupulous scoundrels. It is important to make such a distinction because the qadi uses their judgment to either support or go against the divine law of the quran and a career criminal may not get the benefit of the doubt that a well-regarded member of society might. In addition, a qadi can also utilize a person’s origins or background to imply other characteristics about them. For example, Rosen notes that a Moroccan qadi may imply a person’s motivation, knowledge, and social position simply based on a person’s gender. While such blatant stereotyping on behalf of the qadi may appear unjust, one should consider how historically, different characteristics of a person were closely intertwined and that often a person’s background did control many other aspects of their
Western, David. “Islamic ‘Purse Strings’: the Key to Amelioration of Women’s legal Rights in the Middle East” Air Force law and Review Vol. 61. 0094-8381(2008): p79-147.
Overall, Islam and Gender is a valuable addition to the field of ethnography by examining the everyday struggles, experience, and involvement of women within the Islamic law. Hosseini targets a Western audience and hopes to leave them with a better understanding of the Islamic judiciary system and Iranian feminism. She successfully provides her readers with an unprejudiced account of the shari’ah and family law, and even includes the ideologies of those opposing her personal beliefs. Hosseini specifically requests Muslim women to take a stand develop their own local, Islamic feminist movement and openly advocates new discourse within Islamic jurisprudence.
In Stephen Chapman’s essay, “The Prisoner’s Dilemma”, he questions whether the Western world’s idea of punishment for criminals is as humane as its citizens would like to believe or would Westerners be better off adopting the Eastern Islamic laws for crime and punishment. The author believes that the current prison systems in the Western world are not working for many reasons and introduces the idea of following the Koranic laws. Chapman’s “The Prisoner’s Dilemma” is persuasive because of his supporting evidence on the negative inhumane impact from the Western form of criminal punishment and his strong influential testament to the actions used by Eastern Islamic societies for crimes committed.
which he who has them revealed to him will discover the sweetness of faith: that he cherishes God and His messenger {the Prophet Muhammad} over everything other than them” (Gordon 140). These principles creates a central governance system for the Islamic community as members were able to have a set guideline for living. It also provided Muslims with how to deal with different situations and all aspects that they encounter with in life. “I will also heal the blind and the leper, and bring to life the dead… I will inform you too of what things you eat, and what you...
There are two declarations of faith in Islam: That there is only one God and that Muhammad is the Messenger of God. In Memories of Muhammad, Omid Safi explores the ways in which Muhammad – both the historical and spiritual Muhammad – is remembered, commemorated, and contested by Muslims throughout the centuries. Safi focuses on the movements and moments in Muhammad’s life and after his death that for many Muslims best exemplify the teachings of Islam. He succeeds in opening up the dialogue to correct the negative portrayals of Muhammad and the religion of Islam, calling it a “Muhammad problem” in his introduction. Furthermore, he provides a book that is accessible and intelligible to both Muslims and non-Muslims, drawing from historical and spiritual sources, and addresses relevant issues contested between Muslims in relation to other religions, presenting Muhammad as a historical figure and one who is beloved by the Umma.
The Islamic tradition, as reflected in Naguib Mahfouz’s Zaabalawi, has over the course of history had an incredible impact on Arab culture. In Mahfouz’s time, Islamic practices combined with their political relevance proved a source of both great power and woe in Middle Eastern countries. As alluded to in Zaabalawi, Mahfouz asserts the fact that not all Muslims attain religious fulfillment through this common tradition, and other methods outside the scope of Islam may be necessary in true spiritual understanding.
Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity . In the Arab society and especially in the Gulf region women always want to have what men have. In elections and voting, working and occupations, they want to be as them. For example, The English Gulf news wrote about a female Saudi writer called Nadine Al Bdair who says that woman should be allowed to marry more than a man just like what Islam does to men, she urges scholars to look for this issue. On her article she said:"Traditionalists argue that Islam forbids women to marry more than one man at once to determine the fatherhood of the child in case the woman becomes pregnant. This argument has now collapsed because modern science can identify the father of any child through DNA testing” . Thi...
In his book ' 'The Prophet’s Methods of Correcting People’s Mistakes ' ' Muhammed Al-Munajjid explins for readers the prophet Muhammed ways of correcting people’s mistakes, and he emphasizes the importance of learning about Islam for muslims. Muhammad Almunajjid is a sunni sheikh from Saudi Arabia, he counts on the salfi group sheikhs. Muslims follow their prophet in every thing, and their second source after Quran is sunnah which is the prophet own life- example as Ayoub mentioned. However, the author mentioned some points to be noted when dealing with people, such as confirmed the importance of sincerity towards Allah, and he emphasized on two of the prophet’s method in correcting people’s mistakes which are explaining the ruling (hukm)
Freedom of choice should be given in these countries. It is not required in Islam, so it shouldn’t be forced on anyone anywhere. In addition to this, Islam’s beauty is it’s freedom, the choice it provides you with, let it not be ruined.
A Qadi is a judge who renders verdicts in accordance with Islamic law. He hears religious cases such as those about divorce, inheritance, paternity and marriage. Like any judge, American or Islamic, such a job entails a great deal of responsibility and subsequently every member of the community cannot become a Qadi. One must be a free male adult, who is well versed in the Qur’an, hadiths, Ijmā (common consensus of the community), and jurisprudence.
The Shahadah, or testimony, is the first of the five pillars of Islam. In order to officially convert to Islam, it is required to recite the Shahadah three times, “There is no god but God, and Muhammad is the messenger of God.” This has been a practice within the Islamic faith for hundreds of years. Yet, even within the Islamic faith there are differing versions. Those who practice Shia Islam add, “and Ali is the friend of God” to the end of the Shahadah. This, among many other practices, is an example of the religious plurality that exists within the Islamic world. The Islamic world is home to a large and diversified religious community that, on the surface, seems homogenous in its religious practices. But many religious schools of jurisprudence, schools of theology, and other religious movements exist under the umbrella of Islam, these schools bring religious diversity to Islam that seek to meet the diverse needs and wants of the religious marketplace of the Islamic world. Though the United States is often used as the example to describe religious pluralism, there are many instances in the Islamic world that can even rival the plurality of the American religious market. The Muslim Brotherhood is a prime example of an Islamic organization that has become deeply entrenched in society. Through the extensive use of social services and extreme religious power, the Muslim Brotherhood has been able to enjoy a large membership base, devoted to their cause, and dedicated to its principles. Every year, many Muslims will embrace Sufi Islamic practices into their lives. The Islamic world is not an exception to the religious economies model and is, in fact, a very religiously diverse region of the world.
Women who have the misfortune of living in predominately Muslim societies often are confronted with adversities concerning their rights in marriage, divorce, education, and seclusion. Consequently, many Westerners seeing a lack of equality towards women in these societies consider it as a confirmation of their own misconceptions about Islam itself. Islam is often rejected as being an intolerant and violent religion that discriminates against and subjugates women, treating them as second-class citizens. From a Muslim’s perspective, Islam’s stance on women can be approached by two opposing views. Scholars amongst the Muslim apologists have claimed, “The verses in the Qur’an represented Muhammad's intention to improve a debased condition of women that prevailed during the Jahiliya, the time of ignorance before Islam came into being.” (Doumato, 177) If inequalities still exist between men and women, they cannot be attributed to Islam, but are a result of the misinterpretation of Islam’s true meaning. Others have entirely denied the notion of inequality between men and women in Islam, claiming that the alleged inequalities “are merely perceived as such by foreign observers who confuse seclusion and sex difference with inequality.” (Ibid.) Many Muslim apologists defend the Koran as noble for the very fact that it raises women to an equal status of men despite their inferiority.