E-Book Overview
This challenging book reviews the ethical foundations of the Islamic legal system, suggesting that an authoritarian reading of scripture has often had grave consequences for parts of Muslim society. Drawing upon both religious and secular sources, Islamic legal expert Khaled Abou El Fadl argues that divinely ordained law is frequently misinterpreted by Muslim authorities at the expense of women and oth er groups. Citing a series of injustices in Islamic society, from the ban on women driving to the restrictions governing female clothing, El Fadl's thoughtful and cogent study proposes instead a return to the original ethics at the heart of the Muslim legal system.
Khaled Abou E1-Fadl studied Islamic Law in Egypt and Kuwait, and has from Pennsylvania, Yale and Princeton. Currently Professor of Law at UCLA, he has served on a variety of committees for Human Rights, and has published several books and numerous articles.
E-Book Content
Speaking in God’s Name
2
Speaking in God’s Name Islamic Law, Authority, and Women Khaled Abou El Fadl
3
This ebook edition published by Oneworld Publications 2014 First published by Oneworld Publications 2001 Copyright © Khaled M. Abou El Fadl 2001 All rights reserved Copyright under Berne Convention ACIP record for this title is available from the British Library ISBN 978-1-85168-262-1 ISBN 978-1-78074-468-1 (ebook) Cover design by Design Deluxe, Bath Oneworld Publications 10 Bloomsbury Street London WC1B 3SR England
Stay up to date with the latest books, special offers, and exclusive content from Oneworld with our monthly newsletter Sign up on our website
4
www.oneworld-publications.com
5
This work is dedicated to my students, past, present, and future, with much hope.
6
Contents Preface 1. Induction 2. The authoritative Background note The notion of authority The authoritative in Islam 3. A summary transition Competence Determination The authoritarian 4. The text and authority The Qur’ān and Sunnah Text, determination, and authority Unreasonable interpretations and the authoritative 7
5. The construction of the authoritarian The iron law of authoritarianism Islamic law as a work in movement The fundamentals of religion and burdens of proof Moral objections and authoritarianism 6. The anatomy of authoritarian discourses The demise of the juristic tradition Consistency Selectivity of evidence Balancing of interests and the use of discretion 7. Faith-based assumptions and determinations demeaning to women Prostrating to husbands, licking their ulcers while struggling with Ḥadīth methodology Keeping husbands and God happy, and making it to heaven Bargaining with crooked-ribs, defective intellects, bad omens, dogs, and women Praying in closets, hugging the wall, and the dangers of seduction
8
Racism, sexism, and a sense of beauty Conclusion: Resisting the authoritarian while searching for the moral Appendix: Translated legal opinions by C.R.L.O. jurists Glossary of terms Bibliography Index
9
Preface It is often maintained that Islamic jurisprudence is the heart and kernel of the Islamic religion. Traditionally, Islamic jurisprudence has been the arena in which the conditions, dynamics, and meanings of the relationship between God and human beings were explored. It is certainly true that Islamic jurisprudence is one of the crowning achievements of Islamic civilization; it is the repository of a subtle, complex, and illimitably rich intellectual heritage.1 Admittedly, however, I do not believe that, for the most part, this richness has survived the trauma of colonialism and modernity. In fact, I fear that today the remnants of the classical Islamic jurisprudential heritage are verging on extinction. Furthermore, I think that one of the most poignant manifest