IslamicLawBlog

Salafis argue that the best Islamic practices are to be found in the first three generations of Muslims--Prophet Muhammad's companions, and the two succeeding generations after them, the Tabi‘in and the Taba‘ at-Tabi‘in. They derive the legitimacy of Salafi d'awah from the following saying of the Prophet: The people of my generation are the best, then those who follow them, and then whose who follow the latter (i.e. the first three generations of Muslims). In reviewing Salafism, it must be kept in mind that Islam is not mere ritual. Islam is concrete behavior. Islam is conduct in this life and preparation for the next. A good Muslim is constantly striving to adopt the best practices consistent with the Quran and the Prophet's Sunna. Islam should never be confused with Islamic history. Islam was completed at the Prophet's death. The Quran was completed. And the Prophet's Sunna was completed. After the Prophet's death, in 632 A.D., Islamic history begins. The pra...

Nathan Alexander, in reviewing Phylis Chesler's recent book, The Death of Feminism, says as follows: Misogynistic Islamic attitudes towards women are being secured in America’s courts system today under the guise that Islam is “persecuted.” Chesler writes of Muslim scholar Ali Khan of Washburn University in Kansas, who argues that exposing the abuse of women in America’s Islamic communities should be against the law. In a recent publication, Professor Ali Khan argues that Islam is a form of intellectual property, hence its adherents have the right to protect its “integrity” from “innovations, repudiation, internal, disrespect, and external assaults.” In such situations, Chesler argues, “Islamic Shari’a law would actually replace American law when it came to those identified (by whom?) as Muslims.” Where is feminism when it comes to Muslim women, Chesler asks. It’s busy trying not to offend “Muslim culture,” so as not to appear “racist.” I've not read the book. It is unlcear wh...

There is a coordianted effort on part of academics, scholars, think-tankers, journalists and others to create a profle of Muslim militants as essentialist terrorists who commit heartless violence because they are spiritually addicted to violence. These authors argue that no concrete grievances or violations of rights cause Muslim militancy. Free to trash the core beliefs of Islam and free to make fun of Islamic creeds, the Highly influential Terrorist Literature (HITLit) has successfully equated puritan Islam with terrorism. Most HITLit authors, known as terrorism experts, are research associates with influential think tanks such as RAND and the American Enterprise Institute, and some teach at Harvard University. Some have worked for the National Security Council and the U.S. Defense Department. These authors include Bernard Lewis, Bruce Hoffman, Steven Simon, Jessica Stern, Daniel Benjamin, and Richard Perle. They appear on National Public Radio and major radio and television networks...

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By L. Ali Khan On August 10, Pakistan's former Prime Minister Nawaz Sharif who had come from London to campaign for the restoration of democracy was rudely deported to Saudi Arabia within hours of his arrival at the Islamabad airport. The deportation decision came from General Pervez Musharraf, who had ousted the Sharif government in the 1999 successful military coup. At the time of the coup, Sharif was unpopular for a variety of reasons, including Sharif's distaste for any checks on powers of the parliament and his exuberance for unregulated markets. Sharif was charged with crimes of corruption. After spending months in prison, Sharif allegedly plea bargained his way out of the criminal cases. He entered into an exile agreement, promising not to return to Pakistan for a period of 10 years. Saudi Arabia, which brokered the deal, offered asylum to the ousted prime minister. The exile agreement and Sharif's deportation raise serious plea bargaining and constitutional q...

In his latest 9/11 (2007) video message, Osama bin Laden has supposedly said: O'Americans, Muslims will continue to kill you unless you embrace Islam." Even if this message is authentic, which I doubt, Islam allows no such notion of jihad. This is the worst possible way to invite non-Muslims to Islam, contrary to the Quran's commandment: Sura an-Nahl (The Bee) 16:125. Islam rejects all conceptions of holy war. Muslims are not allowed to engage in any aggressive war to spread Islam or to impose its faith or laws on others. Muslims do not believe that God is at war with Satan, nor that He needs human help to win this battle. Any such belief is contrary to God's Unity and Sovereignty. God is above all human conflicts, and He has no conflict with Satan or any other force in the universe. God is Supreme and in complete control of all things that exist or belong to the world of the unknown. Wars occur when human beings shun the path of peaceful spirituality and pursue their ...

This Article demonstrates that advocacy arose as a reformist doctrine under both Islamic and common law traditions. Reformist advocacy fights laws with laws. In this fight, both traditions require that the advocates striving for justice be courageous but courteous. The advocates must be courageous to challenge power-based injustices. They must be courteous because aggressive manners are not essential to effective advocacy. For a variety of reasons, reformist advocacy has lost its way in both traditions. Advocacy in the United States has turned to manipulation whereas advocacy in the Islamic tradition has embraced militancy. At a time when America and Islam are engaged in an epic struggle to influence each other, this study illuminates advocacy values they share and critical distinctions they draw in the enforcement of advocacy ethics.