This document provides an introduction and overview of comparative fiqh (al-fiqh al-muqaran). It begins by defining the key terms of fiqh and muqaran. It then discusses the historical origins of comparative fiqh, tracing it back to 20th century Egyptian scholar Ahmad Ibrāhīm. The document evaluates comparative fiqh in relation to other Islamic legal disciplines like fiqh al-ikhtilaf and ilm al-khilaf. It outlines the process of doing comparative fiqh and discusses the main approaches used, including talfiq, takhayyur, and tarjih. Examples are provided to illustrate each approach. In under 3 sentences, this document introduces comparative fiqh
Human rights law and refugee law as the branches of international law are interconnected in such a multifaceted manner that their severance is not an easy task. In general, as a part of the international legal system both have to tackle increasing demands and expectations. The systematic approach reveals that both the refugee law and human rights law presents two concepts of public international law where practical responsibility of state sovereignty seems to be assorted from one to another. But the scheme of both the laws discloses a glaring difference between the two in terms that refugee law is limited and fractional one whereas human rights law is universal and comprehensive in nature.
This is a 6 series Powerpoint presentation basically referring to the work of Dr. Abu Ameena Bilal Philips book 'Evolution of Fiqh'. It could be helpful for students as well as teachers.
To complete this journal, you will first need to take the Disabili.docxjuliennehar
To complete this journal, you will first need to take the Disability Implicit Association Test (IAT), one of several tests that were development to educate the public about hidden implicit biases. To take the test go to https://implicit.harvard.edu/implicit/takeatest.html (Links to an external site.). Read the disclaimer and then click on “I wish to proceed” at the bottom of the page. Click on the button labeled “Disability IAT” and follow the instructions to take the test. The test takes about ten minutes to complete.
After you take the test, do not report your results. Instead, use the experience as background information to respond to the following questions in your journal:
· Were you surprised by your results?
· What impact do you believe your result has on your instructional/leadership practices?
· How does understanding your own implicit bias better equip you for respectful engagement with diverse populations?
+ 2(,1 1/,1(
Citation: 9 Whittier Law Review 491 1987-1988
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THE RIGHTS OF WOMEN AND
INTERNATIONAL LAW IN THE
MUSLIM CONTEXT
BY ABDULLAHI AN-NA'IM, PH.D.*
The religious nature of Islamic Law (Shari'a), makes it difficult
for Muslims to appear critical of that law. They tend to regard the
specific jurisprudential interpretations and formulations of Shari'a as
divine and heavenly as the sources of Islam itself, namely the Qur'an
and Sunna.1 Whether in relation to the rights of women, or any other
aspect of Shari'a, a Muslim cannot be comfortable in his or her criti-
cism of the establishment formulations of Shari'a and, more impor-
tantly, expect other Muslims to accept and act upon such criticism,
depends on whether, he or she can base the criticism on some provi-
sions of the Qur'an and Sunna.
For Muslims, the debate and controversy over the interpretation
and implications of texts of Qur'an and Sunna are acceptable, if not
expected, although the intolerance of some Muslims may cause those
* Faculty of Law, University of Khartoum, Sudan. Visiting Professor of Law, UCLA,
1985-87. I am grateful to Professor Nancy Galleger of the Department of History, University of
California at Santa Barbara, for reading a draft of this article and making helpful suggestions and
comments.
1. The Qur'an is the Arabic text of what Muslims believe to be the literal and final word of
God as revealed to the Prophet Muhammad between 610 and 632 A.D.
Sunna are the ...
This lecturer session clearly elaborates on the viewpoint of Islamic Law regarding Organ Transplantation under the course unit ILM 41193: Contemporary Juristic Issues.
Human rights law and refugee law as the branches of international law are interconnected in such a multifaceted manner that their severance is not an easy task. In general, as a part of the international legal system both have to tackle increasing demands and expectations. The systematic approach reveals that both the refugee law and human rights law presents two concepts of public international law where practical responsibility of state sovereignty seems to be assorted from one to another. But the scheme of both the laws discloses a glaring difference between the two in terms that refugee law is limited and fractional one whereas human rights law is universal and comprehensive in nature.
This is a 6 series Powerpoint presentation basically referring to the work of Dr. Abu Ameena Bilal Philips book 'Evolution of Fiqh'. It could be helpful for students as well as teachers.
To complete this journal, you will first need to take the Disabili.docxjuliennehar
To complete this journal, you will first need to take the Disability Implicit Association Test (IAT), one of several tests that were development to educate the public about hidden implicit biases. To take the test go to https://implicit.harvard.edu/implicit/takeatest.html (Links to an external site.). Read the disclaimer and then click on “I wish to proceed” at the bottom of the page. Click on the button labeled “Disability IAT” and follow the instructions to take the test. The test takes about ten minutes to complete.
After you take the test, do not report your results. Instead, use the experience as background information to respond to the following questions in your journal:
· Were you surprised by your results?
· What impact do you believe your result has on your instructional/leadership practices?
· How does understanding your own implicit bias better equip you for respectful engagement with diverse populations?
+ 2(,1 1/,1(
Citation: 9 Whittier Law Review 491 1987-1988
Content downloaded/printed from
HeinOnline (http://heinonline.org)
Fri Dec 5 13:20:58 2014
-- Your use of this HeinOnline PDF indicates your acceptance
of HeinOnline's Terms and Conditions of the license
agreement available at http://heinonline.org/HOL/License
-- The search text of this PDF is generated from
uncorrected OCR text.
-- To obtain permission to use this article beyond the scope
of your HeinOnline license, please use:
https://www.copyright.com/ccc/basicSearch.do?
&operation=go&searchType=0
&lastSearch=simple&all=on&titleOrStdNo=0195-7643
THE RIGHTS OF WOMEN AND
INTERNATIONAL LAW IN THE
MUSLIM CONTEXT
BY ABDULLAHI AN-NA'IM, PH.D.*
The religious nature of Islamic Law (Shari'a), makes it difficult
for Muslims to appear critical of that law. They tend to regard the
specific jurisprudential interpretations and formulations of Shari'a as
divine and heavenly as the sources of Islam itself, namely the Qur'an
and Sunna.1 Whether in relation to the rights of women, or any other
aspect of Shari'a, a Muslim cannot be comfortable in his or her criti-
cism of the establishment formulations of Shari'a and, more impor-
tantly, expect other Muslims to accept and act upon such criticism,
depends on whether, he or she can base the criticism on some provi-
sions of the Qur'an and Sunna.
For Muslims, the debate and controversy over the interpretation
and implications of texts of Qur'an and Sunna are acceptable, if not
expected, although the intolerance of some Muslims may cause those
* Faculty of Law, University of Khartoum, Sudan. Visiting Professor of Law, UCLA,
1985-87. I am grateful to Professor Nancy Galleger of the Department of History, University of
California at Santa Barbara, for reading a draft of this article and making helpful suggestions and
comments.
1. The Qur'an is the Arabic text of what Muslims believe to be the literal and final word of
God as revealed to the Prophet Muhammad between 610 and 632 A.D.
Sunna are the ...
This lecturer session clearly elaborates on the viewpoint of Islamic Law regarding Organ Transplantation under the course unit ILM 41193: Contemporary Juristic Issues.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
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This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Biological screening of herbal drugs: Introduction and Need for
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Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
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This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
2. Introduction
• The term ‘al-fiqh al-muqaran’ is composed of two words as following
manner:
Fiqh
Muqaran
al-fiqh al-
muqaran
(المقارن )الفقه
1. Linguistically- Means understanding and
knowing something.
2. Technically- the knowledge of the shari’ah
practical rulings acquired from detailed
evidences.
1. Linguistically-it has two meanings
1. First - Combining and Gathering
2. Second – Comparing
2. Technically – Muqaranah stands for
comparing two opinions to know the
similarities and differences between them
and to find which one is supported by
stronger evidence
3. Historical evaluation of Fiqh Muqaran
• Fiqh Muqaran has never existed in the time of Prophet Mohammad (PBUH)
because there was no disagreement on the doctrinal matters, although if any
dispute appeared the words of Prophet Mohammad (PBUH) were decisive
and shall be applied.
• This is a modern concept that traces its origins to the 20th century Egyptian
scholar Ahmad Ibrāhīm.
• Fiqh Muqaran arises and plays an essential role in reducing the size of the gap
between the Madhab by using significant methods such as Talfiq, Takhayur
and other methods which are adopted by the Mujtahedin.
4. Evaluation of al-Fiqh al-muqaran
Fiqh al-Ikhtilā
it is a study of the opinions of the jurists
with or without an expose of their
respective evidences and answers to
opposing views.
The primary objective this study is the
differences of the jurists.
books related Ikhtilāf were written with
the purpose of presenting the differences
of the jurists whether the author only
mentions their opinions or supports the
evidence of the preferred view of his
madhhab.
The 2nd century, scholars compiled
Hadīth collections on the reports and
differences of the Companions and
Successors on legal issues; the discipline
further evolved during the era of the
mujtahid scholars where they began citing
legal issues alongside the disagreements
therein.
al-Fiqh al-Muqāran
Al-Fiqh al-Muqāran is a comparative study and
evaluation of the opinions and proofs of the
jurists by someone who neither ascribes to
the legal schools nor complies to their legal
theory.
the Fiqh of this individual is not
acknowledged by the scholars of the legal
schools since he does not adopt any of their
juristic methodologies nor an accurate
method of evaluation, due to the absence of
reliable documented principles like the legal
theory of the madhhabs.
Allāmah Ahmad Ibrāhīm (d. 1945) is the
leading jurist of the time who remodeled the
style of Islamic law in Egypt.”
Ahmad Ibrāhīm was the first to address legal
issues in a comparative style similar to
conventional comparative law, which credited
him with remodeling Islamic law. This label
and idea were unknown to earlier Muslims;
they were an outcome of colonial thought and
influenced by secular law.
‘Ilm al-Khilāf
‘Ilm al-Khilāf teaches the method of
critically engaging the evidence of the
opposing view in accordance to the
protocols of debate and argumentation.
It is defined as a study of the methods of
presenting shar‘ī evidence, answering
critiques, and dismantling disputative
arguments by adducing evincive proofs.
Tāshkubrī Zādah writes, “The science of
disputation and differences can be placed
among the branches of Usūl al-Fiqh.”
Abū Zayd al-Dabūsī (d. 430 AH) is
regarded as the founder of ‘Ilm al-Khilāf as
a result of the widespread and fervent inter-
madhhab debates during the 5th and 6th
centuries.
‘Ilm al-Khilāf is a description of the
differences of the scholars, not restricted to
deconstructing the opposing opinion. it is
more comprehensive and it includes the
first generations of scholarship and
continues to this day.
1 2 3
5. Process of Fiqh Muqaran
Point out the Scholars’ views about a specific controversial fiqh
issue and define the disagreement
Point out the reasons for disagreement and how evidences
support their argument
The opinions are discussed in a scholarly manner and the
counter argument are presented
The preponderant view will be selected with the
elaboration of the reasons justifying
A new opinion will be formulated on the ground of the
evidence that faqh deems stronger
01
02
03
04
05
6. The approaches of fiqh muqaran
1. Talfiq (Patchwork or combination)
2. Takhayyur (Selection)
3. Tarjih (Outweighing)
4. Taqleed (Blind Following)
5. Ittiba (Following)
7. 1. Talfiq (Patchwork or combination)
• Talfiq is a stretch of Takhayyur (patchwork or combination) it means the combination of
several opinions and views which are adopted by different Madhhad or jurists into one decisive
matter which was dissimilar to all.
• The approach of Talfiq is considered as an instrument of Ijtihad as well as the jurists utilize this
approach when they want to establish new judgment which is not exists or when there are
conflicting between more than one judgment in the same and particular issue in order to find
suitable solution and judgment
• Furthermore, it considers as jurisprudential concept which proposes that the Madhhad who
depends on weak evidence in the particular issue must give up his judgment and follow the
evidence which had offered by another Madhhad because it is realistic and compatible with the
requirements of the new Age.
• Therefore, the different opinions which are selected by the scholar integrate together in order
to formulate new judgment which differ from the previous one. Thus, selecting the opinions
freely without any restrictions will help to serve the goals of law.
9. Example - II
• The case of Gulam Ahmed v. Muhammad Ibrahim in 1864.
girl who adopted the Shafi‟ Madhab which stipulated that the consent of father is
necessary for making the marriage valid but she made her marriage without taking the
permission of her father.
When the case brought to the court, she alleged that she decided to change her Madhab
and to follow the Hanafi Madhab which allowed the adult Muslim woman to make a
marriage without fathers consent.
In other hand, there are two views which determine whether Talfiq is accepted or
unaccepted: The first opinion stated that Talfiq is not allowed because it creates third
opinion in the issue which already has two opinion.
The second view is that Talfiq is allowed especially in the case when Talfiq will be
subjected to probable Ijtihad not to the ijma
10. 2. Takhayyur (selection)
• Takhayyur means election or selection one opinion or view which is adopted by single
Madhhad or more than one Madhhad in different issue (not in the same issue).
• this concept had utilized to estimate potential alternatives from the huge number of jurist’s
views about a specific point as well as it used with the intention to reduce the restriction in the
application of fatwa in the issues
• It helps the Faqhi to select the most favorable opinion which is adopted by the one of the major
Jurisprudential Schools.
• Therefore, this method has been used widely by the jurists because this method is flexible tools
especially in case of selecting the existing rules which adopted among the Madhhabs.
• Takhayyur has a tremendous significance in improving a number of personal law or family laws
which established in the Muslim countries.
11. Example - I
• the Muslim woman who seeks to the dissolution from marriage
and she adopts Hanafi Madhab which imposes difficult
requirements in order to allow the wife to end the marriage
compared with the Maliki Madhab which is elastic because it gives
a power to the wife to end the marriage by using the reasons of
cruelty and truculence of her partner. Such as Syrian law of
personal rights 1953.
12. 3. Tarjih (Outweighing)
• If there is conflicting among evidences and one of these evidences has an advantage
over another. So, this process can describe Tarjeeh (outweighing), In other words, to
give preponderance to one evidence over another because it is strong.
• Tarjeeh particularly occurred among the speculative evidences. In contrast, it does
not happen in the definite matters which do not face any contradiction in the
particular issue.
• Therefore, the jurists who want to perform Tarjih should have clear and accurate
knowledge in Q’uran and Sunnah, also he should cover everything in Ijama for
protecting himself from issuing Tarjih which clashes with any Ijama, he should has a
back ground in Qiyyas, he must has huge experiences and back ground in term of
rules and grammars of the Arabic language.
13. Example - I
• A perfect instance which describe the meaning of Tarjeeh is the
determining the Salat al Asr time according to the bulk of
jurists. Asr time begins immediately when your shadow and
length are equal, In contrast, the Imam Abu Hanifa adopts different
view which stipulates that the time of Salat Asr begins when your
shadow is double your length. So when jurist looks to the different
evidences which adopted by both the majority of imams and imam
Hanafi will see that the evidences of the majority are stronger than
the evidences of Hanafi. So, if the Faqhi follows the majority that
mean he makes a preponderance to evidence upon another
14. The benefits of Fiqh Muqaran
I. Illustrates the difference and the similarity between all Madhhad and opinions by
clarifying the original reasons which lead to dissimilarity.
II. Shows the ways which are used by Imams in order to adopt these Ijtihad and
elicitation.
III. Compares with the different opinions to select the powerful and useful evidences
which bring plenty of benefits for individuals as well as leads to improve the
Islamic nation. For example in Syria the Personal Status Law has amended to
cover the four Madhhad without any prejudice to Hanfi Madhhad because
previously the personal law in Syria followed only the Hannfi Madhhad.
IV. Reduces the lacuna between all Madhhad in hand, and in other hand at least helps
to know the nearest Madhhad to the right way in order to apply it.
V. Motivates and encourages the jurists to study the sharia law which considers the
main source of law
VI. Helps to increase the abilities of scholars in the area of analyzing and deducing
the judgments.