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Abstract
This article presents an introduction to and the first complete English translation of Aḥmad al-Ghazālī’s (d. 517/1123 or 520/1126), al-Tajrīd fī kalimat al-tawḥīd, his most widely received Arabic text. The title has a double entendre, meaning both “A Primer on the Statement of Tawḥīd,” and “Disengaging Through the Statement of Tawḥīd.” It is designed to serve both purposes. The first half provides a spiritual typography, juxtaposing “the people of grace” (ahl al-faḍl) to “the people of justice” (ahl al-ʿadl). The former are those who maintain their covenant with God and follow the Prophet Muhammad. The latter are those who break the covenant and follow Iblīs. The second half guides aspirants through the levels of spiritual development and the corresponding modes of remembrance (dhikr), detailing three modes of dhikr – lā ilāha illa Llāh (No god, but God), Allāh, and huwa huwa (He, He). These correspond to three levels within the human being, the heart (al-qalb), the spirit (al-rūḥ), and the secret (al-sirr). The goal is to provide an overview of the means whereby one can disengage from the blameworthy inclinations of their soul through the progressive levels of dhikr until the secret predominates over the spirit and the spirit predominates over the heart, such that one is able to focus solely upon God.
Abstract
Investigating the potential compatibility between the ongoing shariʿa-compliant cyber reforms with the standards enshrined in the European Declaration on Digital Rights and Principles, the article regards the contemporary European digital agenda as a point of reference to examine the variegated Muslim responses to modern technologies, including virtual Islamic (e-)counseling. Comparing Western and Islamic attitudes toward the usage of robotics and a (human-centric) artificial intelligence, it becomes clear that these tools must support individuals, being Islamic scholars or Western legal professionals. While skillfully relying on different languages and transcending domestic borders, European Islamic bodies can also engage in synergetic collaborations with state institutions at inter/national levels by aligning themselves with the cyber reorientation of the digital public space.
Abstract
Basātin al-ons (The Gardens of Fondness, 1325–26) is the sole surviving work of an erudite courtier named Akhsetān Dehlavi (1301–51), who spent most of his adult life in the service of the sultan Gheyās al-Din Toghloq (r. 1320–24) and his son Mohammad b. Toghloq Shāh (r. 1324–51). This work exemplifies one of the earliest efforts by an Indian writer to interweave history, autobiography, eulogy, and folklore in the Persian genre of stylized prose (nasr). Against this backdrop, my essay examines the preface of the Basātin al-ons to elucidate the factors that motivated Akhsetān Dehlavi to narrate a collection of Hindavi tales in Persian prose.
Abstract
There has been a growing trend in the use of alternative dispute resolution methods (“ADR”), particularly arbitration, on a global scale and Iran is no exception to this trend. In simple terms, arbitrability means that certain disputes may not be submitted to arbitration. Mirroring this concept, mediability refers to the capability of disputes to be resolved through mediation. The definition of arbitrability and mediability are subject to significant ambiguity, as there is currently no universally recognized and uniform standard for these concepts. In fact, national laws determine the definitions and concepts of arbitrability and mediability.
In order to gain a comprehensive understanding of the extent to which disputes are capable to be resolved through arbitration and mediation, it is necessary to initially examine the current legislative framework. The present article attempts to examine the arbitrability and mediability of disputes within the Iranian legal framework. In doing so, after recalling the background of ADR system in Iran in the first section, the second section will discuss the arbitrability with regard to arbitration-related laws. The third section will successively explore the arbitrability in Iranian legal jurisprudence, clarifying that while some disputes are not inherently non-arbitrable, there are certain limitations on their referral to arbitration. The fourth section will delve into the concept of mediability in Iran. Lastly, the fifth section will conclude the article by positioning the approach of the Iranian legal system towards arbitrability and mediability.
Abstract
This article investigates the contributions of Ottoman fatwā collections to inheritance law, focusing on the 16th-century chief muftīs’ fatāwā. It emphasizes the significance of fatawa in understanding Ottoman inheritance law and explores various aspects of the division of estate, highlighting the socio-legal dynamics and the use of fatawa by individuals seeking legal advice. Within this framework, it examines why individuals preferred obtaining fatawa from chief muftīs for the division of the estate over other options. The methodology of this study involved a comprehensive analysis of fatwā collections from 16th-century Ottoman chief muftīs, focusing on categorizing and interpreting these fatawa to understand their impact on inheritance law. The study reveals that economic considerations, complex family structures, mathematical issues in estate division, and specific legal situations significantly influenced individuals’ preference for seeking fatāwā. Through analyzing fatwā collections, the study uncovers economic motivations behind this preference, revealing how fatāwā offered a cost-effective solution for heirs, alongside addressing specific legal challenges like ‘awl and munāsakha.
Abstract
A set of rights and freedoms are protected by constitutions and interpreted by the competent judiciary. The increasing use of information and communication technologies (ICT s) creates new legal challenges to rights and their judicial interpretation. This article aims at analysing the prospects of the Palestinian Supreme Constitutional Court (SCC) concerning digital rights, while considering political and legal challenges. In doing so, it begins with a brief introduction to the concepts of digital right and digital constitutionalism. The article further describes the status of digital rights in Palestine and evaluates the role of the SCC in the adjudication of the constitutionality of the laws in relation to human rights protection on the internet. It finally offers proposals for understanding the necessity for constitutional protection of digital rights in Palestine through judicial review. It argues that the Palestine needs constitutional modernisation to address the legal implications of technologies on human rights.
Abstract
The monogamous and polygynous customary marriages of indigenous Black Africans have been fully legally recognised in South Africa since 1998. The outcome of a June 2022 apex Constitutional Court judgment will finally result in monogamous and polygynous Muslim marriages (nikāḥ) being fully legally recognized and regulated by the State by 2024. Since this recognition does not include the Islamic law of succession (which will not pass constitutional muster because of half-share to women), when Muslims die intestate, the secular law is expected to apply. The payment of mahr (dower) by the groom to the bride (an important ingredient of a nikāḥ contract) is therefore an important alternative tool for augmenting the inheritance of Muslim women during their lifetime. A novel fatwā issued by local Black African ulama in August 2022 brought to light several challenges faced by African Muslims regarding the relation of nikāḥ marriages to distinctive African traditional marriage practices like the lobolo (“bride price”) paid by the groom to the bride’s father. This paper examines the implications of mahr and lobolo on religious and customary marriages and the rights of local Black African Muslim women to inherit in terms of religion and custom.
Abstract
This paper tackles one example of interaction between state laws and social norms. It investigates the rationale behind the unprecedented legalization of bequeathing to heirs in Egypt that happened by the virtue of article 37 of law no. 71/1946. This article represents a legal rule that renegotiates a well settled matter in the Sunni jurisprudence based on an undefined common need that was alleged in the explanatory memorandum of this law. The paper investigates that common need through an originalist approach into the mentioned article then validates the output of that investigation by a review of relevant judicial rulings. As part of this originalist approach, the paper engages with the available data pertaining to the drafting process of law no. 71/1946, the key members in the drafting committee, and the parliamentary discussion on article 37 of the law. It also attempts a contextual reading for article 37 to understand its legal rationale and propose criteria for judicial enforcement that would maintain this rationale.