Applied Islamic Ethics

A special issue of Religions (ISSN 2077-1444). This special issue belongs to the section "Religions and Health/Psychology/Social Sciences".

Deadline for manuscript submissions: closed (5 November 2022) | Viewed by 31832

Special Issue Editors


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Guest Editor
UC Davis College of Letters and Science, University of California, Davis, CA 95616, USA
Interests: Islamic law; early Islamic history; Hadith literature; Islamic ethics; ethical theory; Islamic political thought; Islamic intellectual history; legal theory; legal history; law and society; moral philosophy; social theory, gender; digital humanities; natural language processing

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Co-Guest Editor
Department of Near Eastern and Judaic Studies, Brandeis University, Waltham, MA 02453, USA
Interests: late antique and medieval Islamic intellectual and cultural history

Special Issue Information

Dear Colleagues,

The last three decades have witnessed a steady increase in the publication of research on Islamic law, ethics, and political thought in North American and European academia. The vast majority of these works have been historical, descriptive, analytical, or some combination of the above. Academia has produced little constructive work oriented towards the extension of Islamic legal and ethical ideas to contemporary problems and issues, and whatever constructive work scholars have produced has tended to be highly theoretical, and often oriented towards exposing or synthesizing real or imagined gaps between the received Islamic intellectual tradition and Western thought. While the increase in academic scholarship on Islamic law and ethics in the West is certainly laudable, it has been largely circumscribed by the intellectual and social concerns of a particular subset of the Western population. Just as academic scholarship on Islam has increased, the last fifty years have seen an increase in the population of Muslims in Europe and North America, largely through immigration but also through conversion. Muslims have established an active and vibrant civil society and commercial sector. Mosques, community centers, social welfare and advocacy organizations, and businesses catering to Muslim needs are found in all major cities of Western nations, not to mention suburban, exurban, and rural communities. Individual Muslims have been elected to political offices at all levels of government. The growth of Muslim communities in the West has not been without social problems; some they share with the societies in which they live, and others are unique to their particular circumstances. Given the diversity, richness, and sheer duration of the history of Islamic moral and legal thought, Muslims have an intellectual heritage that informs their ethical approaches to the problems that trouble their respective communities. As is the case for Muslims in Muslim-majority countries and even for many Western Muslims, this heritage is the ethical starting point when dealing with vexing moral and social issues. In fact, at a global level, it is arguable that the Islamic moral and legal tradition is one of the most influential and widespread moral traditions today, especially in the global south. Yet, despite the growth of Muslim communities in the West, and the continuing relevance of the Islamic tradition to ethical formation and resolution of moral and social issues, Western academia has yet to systematically and seriously engage with this living tradition from a constructive perspective, relevant to problems facing Muslim communities. This call for papers aims to begin the intellectual task of filling this lacuna and asks scholars to contribute articles that constructively engage the Islamic tradition on issues of social, moral, and political concern to Muslim communities living in the West. The following are examples of papers that are currently being considered for inclusion in the Special Issue:

  1. The rise of recent media reports of and court cases involving religious authorities engaging in conduct potentially in contravention of Islamic ethics has created vigorous discussion and debate in the Muslim community about how to deal with them, given the Islamic value that one should conceal the sins of fellow believers. This essay surveys the Islamic discourse on concealing sin and applies it to hypothetical scenarios involving sins, crimes, and misdeeds of different types and varying levels of severity and publicity. It proposes policy guidelines that can guide Muslim communities on how to balance religious figures’ privacy with allegations of potential misconduct.
  2. There has been a rise of incidences of Muslims engaging in marriages that are contracted in secret. This essay argues that marriages done in secret, even if considered valid by some schools of Islamic law, are sinful and inconsistent with Islamic purposes of marriage which treat it as a public and social institution. It advocates that Muslim communities and religious authorities adopt approaches that emphasize transparency and publicity in undertaking marriage.
  3. Given the centrality and ubiquity of the practice of zakat in Muslim religious and communal life, this essay finds the current practice of collecting and disseminating zakat in Western Muslim communities deficient when compared with the received doctrine according to the major schools of Islamic law. The author argues constructively for greater intentionality and circumspection in how zakat is disbursed by Muslims and their institutions.
  4. Contrary to public perception, this essay argues that the received understanding of rape and sexual assault in Islamic law is compatible with a culture that encourages the reporting of their incidence. It also constructively proposes that, in Islamic legal thought, rape and sexual assault ought to be treated as criminal offense punishable by state authorities on a discretionary basis, as opposed to a potential ḥadd

We request that, prior to submitting a manuscript, interested authors initially submit a proposed title and an abstract of 400–600 words summarizing their intended contribution. Please send it to the Guest Editors ([email protected]) or to the Assistant Editor of the Special Issue ([email protected]). Due to the importance of the topic under consideration, the Religions journal has kindly dropped the author contribution fee invited by Dr Mairaj Syed and Dr Mariam Sheibani. Abstracts will be reviewed by the Guest Editors for the purposes of ensuring proper fit within the scope of the Special Issue. Full manuscripts will undergo double-blind peer-review.

Tentative completion schedule:

  • Abstract submission deadline: 5/31/2022
  • Notification of abstract acceptance: 6/15/2022
  • Full manuscript deadline: 11/5/2022

Dr. Mairaj Syed
Dr. Mariam Sheibani
Guest Editors

Manuscript Submission Information

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Keywords

  • Islam
  • Islamic law
  • Muslim minorities
  • applied ethics
  • religion
  • Islamic ethics

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Published Papers (6 papers)

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Research

25 pages, 359 KiB  
Article
Deceptive Debauchery: Secret Marriage and the Challenge of Legalism in Muslim-Minority Communities
by Mariam Sheibani
Religions 2024, 15(1), 10; https://doi.org/10.3390/rel15010010 - 20 Dec 2023
Viewed by 3399
Abstract
“Secret Marriage” is a category accommodating a range of arrangements that seek to conceal a marital union, typically from an existing spouse, the family of the bride or groom, a segment of the community, or the state. These contentious unions have seen an [...] Read more.
“Secret Marriage” is a category accommodating a range of arrangements that seek to conceal a marital union, typically from an existing spouse, the family of the bride or groom, a segment of the community, or the state. These contentious unions have seen an upsurge in recent times in Muslim-majority countries, and, more recently, in minority-Muslim communities in the West. This essay examines the phenomenon in minority communities using three interrelated lenses of analysis: the legal, the moral, and the socio-institutional. Taking this multi-faceted approach, in this essay, I first examine the legal doctrines of the four Sunni schools of law on the requirement of publicity and witness testimony in marriage before situating that legal discussion about contractual validity within a comprehensive analysis of the broader moral and religious legitimacy of entering into a secret union. I argue that while jurists stipulate disparate minimums for contractual validity, nearly all secret marriage arrangements are nonetheless considered invalid (fāsid), meaning they are incorrectly conducted by failing to meet the required conditions for the contract to produce its legal effects (ṣiḥḥa) and are also prohibited (ḥarām) in themselves or for their entailments, meaning contracting such a marriage is sinful and entails punishment. As I show, even as some jurists may make arguments that may seem to imply that some versions of secret marriage meet the basic conditions to make them technically valid, these same jurists nonetheless argue that such marriages are immoral, religiously deficient, unbecoming of a Muslim, and little more than a pretext for illicit sex. Apart from the theoretical question of whether a secret marriage meets the conditions of contractual validity, parties to a secret marriage in Muslim communities today further engage in a number of sins and transgressions and cause harms to spouses, children, parents, extended family, and the community that must also be reckoned with. The essay concludes with recommendations for how religious authorities can take steps towards regulating marriage in minority-Muslim communities, highlighting the need for public education on Muslim marriage practices that is embedded in a deeper religious morality centering the Sunna to counteract the dominant legalism in the Muslim community that underlies numerous contemporary dilemmas. Full article
(This article belongs to the Special Issue Applied Islamic Ethics)
22 pages, 408 KiB  
Article
Norms and Values in Islamic Legal Reasoning: The Case of Listening to Music (Samāʿ)
by Omar Farahat
Religions 2023, 14(6), 780; https://doi.org/10.3390/rel14060780 - 13 Jun 2023
Viewed by 1774
Abstract
This essay examines the ways in which pre-modern Muslim jurists adapted their legal methods to accommodate the complexity of the act of listening to music. I classify those methods from the least to the most inclusive of underlying notions of moral value. This [...] Read more.
This essay examines the ways in which pre-modern Muslim jurists adapted their legal methods to accommodate the complexity of the act of listening to music. I classify those methods from the least to the most inclusive of underlying notions of moral value. This study shows that models on opposite ends of the spectrum function in similar ways. Whether, as in Ibn Ḥazm’s work, the scope of legal norms is confined to the immediate textual meaning, or, as in Ibn Taymiyya’s thought, the formulation of norms corresponds to an underlying moral aim, the result is a broad treatment of all phenomena that relate to music (samāʿ). By contrast, Ghazālī’s discussion of samāʿ is guided by the need to attain conviction of the appropriate course of action rather than the pursuit of an objective truth about the legal-moral status of the act of listening to music, resulting in a subtle case-by-case evaluation, rather than an overarching judgment. While this study does not attempt to give a comprehensive historical account of how and why scholars of Islamic law attempted to restrict or permit certain musical experiences, we can ultimately see how the sharīʿa, a legal system that is fundamentally concerned with moral behavior, purported to advance reasonable models for the assessment and regulation of complex social phenomena. Full article
(This article belongs to the Special Issue Applied Islamic Ethics)
15 pages, 488 KiB  
Article
A Secret Marriage and Denied Rights: A Critique from an Islamic Law Perspective
by Tuba Erkoc Baydar
Religions 2023, 14(4), 463; https://doi.org/10.3390/rel14040463 - 30 Mar 2023
Cited by 5 | Viewed by 11521
Abstract
Today, secret marriages are a known problem among Muslims, but discussions and debates are avoided. People who are unwilling to take on the responsibilities of marriage yet do not want to commit adultery, one of the major sins in Islam, practice secret marriages. [...] Read more.
Today, secret marriages are a known problem among Muslims, but discussions and debates are avoided. People who are unwilling to take on the responsibilities of marriage yet do not want to commit adultery, one of the major sins in Islam, practice secret marriages. However, this leads to the deprivation of rights for parties and children born in these unions. Some claim that the legal justification for secret marriages is provided by the view that the presence of witnesses and the parties to be married is sufficient for a marriage contract. Therefore, this article aims to critically examine the views of the four Sunnī legal schools on testimony (shahada) or proclamation (i’lan) in relation to marriage, and how these conditions align with the requirement for protecting the rights of all parties involved in the marriage. Upon examination, this article also will delve into unregistered marriages and illustrate how both types of marriages do not adequately establish the rights of those involved. In order to accomplish this objective, the article will use a descriptive methodology that directly refers to primary texts and certain fatwa institutions, such as the Diyanet (the Presidency of Religious Affairs in Turkey), to present the jurists’ discourses. Full article
(This article belongs to the Special Issue Applied Islamic Ethics)
11 pages, 238 KiB  
Article
One Out of Many: The Civic and Religious in American Muslim Life
by R. David Coolidge
Religions 2023, 14(2), 170; https://doi.org/10.3390/rel14020170 - 29 Jan 2023
Cited by 1 | Viewed by 1933
Abstract
American Muslims regularly encounter a tacit distinction between the civic and religious spheres of their daily lives. Islamic legal norms are not invoked incessantly to highlight the differences between Muslims and their fellow citizens, but instead are considered relevant for particular issues at [...] Read more.
American Muslims regularly encounter a tacit distinction between the civic and religious spheres of their daily lives. Islamic legal norms are not invoked incessantly to highlight the differences between Muslims and their fellow citizens, but instead are considered relevant for particular issues at particular times. Through examining examples of how Muslims engage with the American economic and legal system, it is shown that much of one’s engagement with the civic structures of American life is seen as unproblematic. Understanding this distinction helps Muslims participating in American life to properly conceptualize the relationship between their religious faith and their roles as citizens in the larger body politic. Full article
(This article belongs to the Special Issue Applied Islamic Ethics)
24 pages, 911 KiB  
Article
The Use and Misuse of Zakāh Funds by Religious Institutions in North America
by Yousef Aly Wahb
Religions 2023, 14(2), 164; https://doi.org/10.3390/rel14020164 - 28 Jan 2023
Cited by 1 | Viewed by 7365
Abstract
Despite being a foundational practice in Islam, deeply rooted in law and reflected in the theological and spiritual concepts of wealth and sustenance (rizq), discussions of applying obligatory alms (zakāh) rulings to majority non-Muslim countries are limited. The Muslim’s [...] Read more.
Despite being a foundational practice in Islam, deeply rooted in law and reflected in the theological and spiritual concepts of wealth and sustenance (rizq), discussions of applying obligatory alms (zakāh) rulings to majority non-Muslim countries are limited. The Muslim’s spiritual attitude toward finances is informed by a theological view that all forms of wealth ultimately belong to God. Sunni Muslim theologians define rizq to be what one actually (not potentially) consumes and benefits from (not possesses), which, alongside plentiful verses and Prophetic traditions, continuously motivate philanthropic giving without fearing scarcity. This article aims to investigate some major issues resulting from the unregulated procedures of zakāh collection and disbursement as practiced by North American Muslim organizations and religious leaders. The article (1) doctrinally analyzes how North American practices diverge from the rules of Islamic law (fiqh) regarding zakāh distribution, (2) examines the ramifications of contemporary Eastern–Western legal opinions (fatāwā) expanding the eligibility of charitable institutions to receive zakāh, and (3) investigates the practices of administering zakāh resources. Full article
(This article belongs to the Special Issue Applied Islamic Ethics)
15 pages, 320 KiB  
Article
Breaking the Silence: An Islamic Legal Approach to Facilitating Reporting and Testimony by Muslim Victims and Witnesses of Sexual Crimes
by Julie Lowe
Religions 2022, 13(11), 1017; https://doi.org/10.3390/rel13111017 - 26 Oct 2022
Cited by 2 | Viewed by 4430
Abstract
Many Muslims hold the doctrine of the legal schools (madhāhib) in high esteem. As such, the schools’ approaches to rape and sexual assault may impact the behaviour of Muslim victims and witnesses. Through an examination of the legal rules that regulate [...] Read more.
Many Muslims hold the doctrine of the legal schools (madhāhib) in high esteem. As such, the schools’ approaches to rape and sexual assault may impact the behaviour of Muslim victims and witnesses. Through an examination of the legal rules that regulate rape and sexual assault in fiqh and fatwā works associated with the four Sunni schools and Ibn Ḥazm, I aim to determine whether the relevant rules may interfere with the willingness of Muslim victims and witnesses to report or testify to sexual crimes. I argue that although the jurists’ prosecution of sexual assault as a discretionary offence (taʿzīr) is compatible with reporting and testimony, their prosecution of rape as coerced illicit intercourse (zinā), usurpation (ghaṣb), or banditry (ḥirāba) silences victims and witnesses. Further, rules related to financial compensation do not encourage victims to come forward. Reclassifying rape as a discretionary offence would better promote reporting and testimony by victims and witnesses. The central role of ijtihād in creating the historical rules on rape, the jurists’ intent behind those rules, and modern knowledge regarding the reality of rape support this reclassification. Fully resolving issues related to civil compensation is difficult without broader reforms of Islamic tort law. Full article
(This article belongs to the Special Issue Applied Islamic Ethics)
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