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Looking for a New Islamic Fiqh

Yasser Latif Hamdani December 7, 2005

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#1 Posted by Zakkk on December 7, 2005 3:19:48 am
Mantolives: I velieve Parwezs work is banned in some provinces in Pakistan? I know very little about the mans work do you have any references to his work I could look around for?
The comment about period after marriage in which a birth is considered legitimate is interesting..I wonder what is the record for the longest birth.

I would like to point out some of the legislation that some of the religo political groups support is quite progressive..the restriction on triple talaq..the outlawing of vani and the guarantee of inheritance rights to women, opposition to dowry, morrocos recent reforms are also quite progressive and have been interpreted in an Islamic context..the outlawing of polygamy using Quranic verse ..the list goes on..there are many progressive reform movements going on in the Muslim world..the Islamophobes ignore them because it doesn`t fit in with their hate filled views..and the conservative Mullahs usually can outspend them because of state power or petro dollars.
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#2 Posted by KaalChakra on December 7, 2005 3:49:15 am
Manto

Haven`t read the article (yet), but must commend you in this effort.
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#3 Posted by KaalChakra on December 7, 2005 4:04:36 am
Zakk

Hopefully, we will have an opportunity to discuss some of the issues involved, but not all criticism is because of ``islamophobia`` - a word that means and explains very little.

The fact of the matter is that Islam has very negative consequences for a great many people on earth. They have a right to be very cautious and careful about the claims made by its proponents (who, of course, must be its beneficiaries, and thus behave rationally in supporting it).
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#4 Posted by MantoLives on December 7, 2005 7:24:19 am
Kaalchakra, Zakk,

Thanks for your comments.

As far as Pervez is concerned... his movement`s headquarters are based in Gulberg (25 B Gulberg on Ch. Zahoor Elahi Road)... to my knowledge he is not banned in any province... given his close links to the Pakistan movement... Prepared to be disappointed however... the ``Tolu-e-Islam`` comes across as closed to ideas as any Maududian movement today.

http://www.tolueislam.com/
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#5 Posted by Kulharee on December 7, 2005 7:25:58 am
Manto..the difference between Muslims and good people is that that the good people don’t bang their snare drums about Louis Pastore being Christian or Maimonides being a Jew. They move on and accept the past advances as contributions of humans to humanity. Only fuking muslims will keep babbling about Abu Hanifa and Abu Whiskey and whatnot who no one no longer gives a crap about. By suggesting that Islam needs a new Fiqh, you are subliminally suggesting that it is a failed ideology. Which by the way may not be far from the truth.
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#6 Posted by MantoLives on December 7, 2005 7:27:49 am
PS: I wrote this article before I converted to Ismailism... in September.
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#7 Posted by MantoLives on December 7, 2005 7:30:45 am
Kulharee...

Fiqh (Understanding) is interpretation of shariat as per the requirements of the time.

The Holy Prophet (PBUH) gave the method of Ijtehad to create new fiqhs for every new age...

Under the influence of Asharite thought (which sought to preserve Islam against the Mutazillites) Muslims abandoned the Holy Prophet`s method.

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#8 Posted by avkrishna on December 7, 2005 7:31:26 am
A good article in the right direction with the right intention.

I believe the reform on Islamic society has to start form within. Only then it would be more credible and sustainable. And it`s high time that it`s kicked off. The alternative is going to be terrible for both Muslims and Non Muslims...

````In my opinion, a body with Muslims extracted from all parts of the world and cultures should be formed. ````

A non starter IMO. Creating such a body would be almost impossible and even if it is formed, it will be dominated by Wahhabists who are more likely to foot the bill.

It would be great if this reform starts at a more local level and the success is emulated by other Muslim societies,

Thanks,
Avkrishna
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#9 Posted by jang on December 7, 2005 2:04:41 pm
why replace something rigid with something else rigid? why not just allow methods like constitution etc to rule? that may be more pragmatic and acceptable than forcing a new fiq, especailly one coming from a ahmedi-> ismaili convert ;-)

muslims are more likely to accept a secular law than messing with faith-based law.
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#10 Posted by _digit on December 7, 2005 2:49:49 pm

jang,

Laws are meant to be rigid...the legal system, though, must be fluid...big difference...

Kulharee,

It`s in fact a meta-ideology that has historically, and no doubt in the future, defined a class of ideologies...trick is to find an implementation that is effective today...

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#11 Posted by MantoLives on December 7, 2005 8:02:53 pm
Jang,

Shariat and Fiqh does not necessarily mean state law.

Fiqh is simply the understanding of the Islamic doctrine.

A new fiqh might make it easier

1- For Muslims to accept secular state law 2- For Muslims to accept change in their family law- a major in problem let me remind you in Secular India.

As for rigid... I don`t think so. Islam became rigid when it decided that the works of the 5 Imams in the 9th century was the be all end all.
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#12 Posted by MantoLives on December 7, 2005 8:46:15 pm

Jang`s comments do sum up the confusion that people have about these terms.
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#13 Posted by ballukhan on December 8, 2005 3:50:49 am
My initial reaction.............to solve the problem of political Islam with its different variants by involving eminent (muslims only?) people in the process of Fiqh is giving an interesting twist to the whole issue.........it is going to be like a grand council of the practicing christians trying to solve the recurring issues of christian extremist thought..............this may be interesting but actually counter-productive to people who believe that the issues do not pertain to faith but involve extremists using the faith and the gory traditions to begin fascist agendas of global domination .............I would suggest that we take a much simpler way.................ask for greater secularization of the Islamic states so that they drop this theocratic pretense of establishing pure lands on the foundations of a religious faith..........this would be much effective compared to running another GeoTV speactacle between Israr Ahmed-s and the other `secular civilians` on a world wide scale................
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#14 Posted by MantoLives on December 8, 2005 4:41:59 am
Ballu Khan,

Clearly you don`t know as usual what you are talking about. Like many Indian Hindus, you must comment without actually understanding the issue at hand.

Secularisation of states has NOTHING to do with the issue I have raised. Is India NOT a secular state? Well it probably isn`t but atleast it claims to be?

Yet India faces the same issue of Muslim Family Laws. And even if the issue of family laws was resolved... believers would associate with fiqh or that fiqh. It is not even about extremism. Catholic Christianity does have a council... it elects the pope. Pope then makes the decisions about the faith. Now tell me if major catholic countries on the planet are not secular... Anglican Church has a similar council... most churches do.

May I suggest that if you don`t understand something you refrain from commenting... and making it into a perverse Hindu-centric bigoted attack on Pakistan.

-YLH

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#15 Posted by ballukhan on December 8, 2005 4:57:57 am
Re: # 14

instead of bad mouthing me now.....try to understand what I am trying to say!!!


You are peddling in wares you should not be..............
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#16 Posted by MantoLives on December 8, 2005 5:07:02 am
Ballu Ballu Ballu...

Understand what ... that you don`t know what you are talking about? I am not bad mouthing you ... that you do adequately yourself.

I believe in complete secularisation of all states... as in states should not discriminate between citizens.. and there should be separation of church and state. This article had you cared to read had nothing to do with that. This is to modernise the workings of the ``Church`` (for the lack of a more apt description) of Islam- separately and distinctly from the state.

This article is about the internal mechanism of a faith... which needs to be updated... That mechanism was abandoned by Sunni Muslims in the 9th century.. This has nothing to do with terrorism, communal relations, Muslims` world view etc... but generally about how to keep the Islamic tradition of updation and upgradation going on.

ICC meets routinely to modernise Cricket for example... next you are going to tell us that is against the ``Secular state``.
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