Forensic Psychiatry In Islamic Jurisprudence (P/B) (IBT)

This book offers a detailed presentation of the theory of Muslim law (usul al-figh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur’an and the Sunna – the precedent of the Prophet. Revelation, which is given to man to restore unity and help him achieve a just and devout order in society as well as in the soul, must be interpreted so as to render it practicable in every culture, while not betraying its spirit and immutable provisions. To achieve this, additional sources of legal authority are recognized, including consensus (ijma), analogical deduction (qiyas), public interest (maslaha) and local customary precedent (urf). In employing these, the jurist guards the five principles which it is the purpose of Islamic law to uphold, namely, the right to life, sound mind, property, lineage and religion.

Organizations must have rules of order to facilitate their debate and to fill in the procedures not detailed by their constitutional documents. While most American organizations are content to operate by Robert’s Rules of Order, Muslim organizations have often wrestled with questions over whether the rules of order systemized by a Western military figure are in accord with the Qur’an and the Sunnah.

This book tackles the matter directly and takes into account the Qur’an, the sunnah, Islamic manners and the history of Islamic consultation and leadership to provide a simple, practical guide to organizational procedure that can be incorporated into the governance of Muslim organizations. The book includes advice on writing bylaws and on complying with the best practices of the U.S. Dept. of Justice in a way that is Islamically authentic, transparent, and accountable. It provides a basic starting point for any Muslim organization while allowing for flexibility so that organizations may make any variations they require within their own bylaws and constitution, so that it can accommodate differing schools of thought on Islamic law. In its discursive approach it is an essential primer for understanding the value of rules of order and the Islamic context for their application. The Islamic Rules of Order has been adopted as the rules of order of the Association of Muslims Social Scientists.

Written by a number of Islamic religious authorities and Muslim scholars, this work presents the views and teachings of mainstream Sunni and Shi’i Islam on the subject of jihad. It authoritatively presents jihad as it is understood by the majority of the world’s 1.7 billion Muslims in the world today, and supports this understanding with extensive detail and scholarship. No word in English evokes more fear and misunderstanding than “jihad.” To date the books that have appeared on the subject in English by Western scholars have been either openly partisan and polemical or subtly traumatized by so many acts and images of terrorism in the name of jihad and by the historical memory of nearly 1,400 years of confrontation between Islam and Christianity. Though jihad is the central concern of War and Peace in Islam: The Uses and Abuses of Jihad, the range of the essays is not confined exclusively to the study of jihad. The work is divided into three parts: War and Its Practice, Peace and Its Practice, and Beyond Peace: The Practice of Forbearance, Mercy, Compassion and Love. The book aims to reveal the real meaning of jihad and to rectify many of the misunderstandings that surround both it and Islam’s relation with the “Other.”

Reviews:

“A dynamic myth-busting clarification of the real position of mainstream orthodox Islam on the whole question of violence and jihad.” —T. J. Winter, University of Cambridge

“This is the best book on the subject in English. It will be of inestimable value.” —Shaykh Mustafa Ceric, Grand Mufti Emeritus of Bosnia