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Irmgard Marboe

theory, whether there are approaches and methodologies to support the ‘freedom of expression’ under Islamic law. On this basis, the chapter will then address the practice of Muslim states in this respect. 2 Some Theory on Islamic Sharia and Freedom of Expression One of the reasons for the alleged tension

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Eirik Hovden

rule. Although the idea of maṣlaḥa as a tool can be seen as universal (or even as God’s will), it becomes particular once it is employed to make a legal rule. In the discussion above, maṣlaḥa is understood as a tool in legal methodology in general, as well as a valid source of waqf law

Dār al-Islām Revisited

Territoriality in Contemporary Islamic Legal Discourse on Muslims in the West

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Sarah Albrecht

Where is dār al-islām, and who defines its boundaries in the 21st century? In Dār al-Islām Revisited. Territoriality in Contemporary Islamic Legal Discourse on Muslims in the West, Sarah Albrecht explores the variety of ways in which contemporary Sunni Muslim scholars, intellectuals, and activists reinterpret the Islamic legal tradition of dividing the world into dār al-islām, the “territory of Islam,” dār al-ḥarb, the “territory of war,” and other geo-religious categories. Starting with an overview of the rich history of debate about this tradition, this book traces how and why territorial boundaries have remained a matter of controversy until today. It shows that they play a crucial role in current discussions of religious authority, identity, and the interpretation of the shariʿa in the West.

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Eirik Hovden

book provides new background information that may facilitate further research and debate on these topics. 2.5 Thematic and Methodological Focuses The book has the following methodological focuses, both of which are related to the construction of legitimacy, authority, and validity in waqf law and

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Eirik Hovden

, formal language that has a beginning and an end; rather it is an ongoing knowledge, often tacit and taken for granted. Methodologically and practically, the waqf must be “known” and seen by the researcher. When we as researchers look at a snapshot in history, or at a legal document recorded on paper

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Sarah Albrecht

eventually left the country following the Baathist military coup in 1968, as he feared political persecution. He continued his studies in Cairo, where he was awarded an ma in comparative jurisprudence (1968) and a doctorate in legal methodology ( uṣūl al-fiqh ) (1973) from al-Azhar University. He then

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Sarah Albrecht

) of fiqh, but subsumes it under “the greater fiqh” ( al-fiqh al-akbar ). Borrowing this term from Abū Ḥanīfa’s (d. 767) work on Islamic doctrine, al-ʿAlwānī ascribes to it a more general meaning that covers broader theological, ethical, and methodological aspects of Islamic normativity. 224 Against

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Eirik Hovden

methodological inference directly from the texts of the Qurʾān and the canonical Sunnī ḥadīth collections without having to rely on the other law schools. Al-Nayl al-awṭār : In 1795, at the age of 35, he completed his ḥadīth commentary, Nayl al-awṭār [The achievement of the goals]. 89 As we see in chapter

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Sarah Albrecht

Methodology In view of the breadth of this spectrum of actors, the various ways in which they articulate their views, and the diversity of spheres and media involved in the ongoing Islamic legal discourse on territoriality, this study is based on a wide variety of sources. It thereby seeks to reflect the

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Sarah Albrecht

harsh critic of al-Qaraḍāwī and other minority fiqh proponents, he issued fatwas urging Muslims not to follow the European Council for Fatwa and Research ( ecfr ), which is presided over by al-Qaraḍāwī, deeming the methodology behind its legal reasoning illegitimate. 16 Another Saudi-based critic of