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Category Archives: Beauty in Disagreement
Dynamics of Change in Islamic Law (III): Grundnorm, a cosmological myth
To effectively address the original Weberian objection i.e. normative pluralism is substantively irrational, it is mandatory to reformulate the problem in concise terms, starting point being that change in Islamic law takes place by means of some interpretive mechanism called … Continue reading
Dynamics of Change in Islamic Law (II): Iftaa, Ijtihad and Social Customs
The “content” of any medium blinds us to the character of the medium. [Marshall McLuhan] In 1913, Mawlana Ashraf Ali Thanawi gave his famous juridical response to a British court in India. The seeker was a claimant who wanted to … Continue reading
Dynamics of Change in Islamic Law (I): Normative Pluralism
In my view, the most important crisis that Muslim society miserably failed to handle during Islam’s sojourn into modernity is diversity. By diversity, I mean religious heterogeneity in any form, may it be the pronouncement of legal injunctions, opinions regarding … Continue reading
Ghamidi’s interpretation of Islam: Is it a fad that will fizzle out with time?
I have stopped believing strongly since long that Javed Ahmed Ghamidi’s exposition of Islam, more or less like Mutizilite Islam in medieval times and Progressive Islam in modernity, is a fad that will fizzle out automatically with time; however, I … Continue reading
Is Quran a simple and straightforward document?
To say that Quranic language is completely devoid of any lexical ambiguities may lead one to infer that at least one interpretation can be claimed as universal. This would be a rendering which in principle can be accepted as absolutely … Continue reading
Posted in All My Posts, Beauty in Disagreement, Quran
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Amal-e-Ahle Madina (3) – Imam Shafii’s Criticism
If Imam Shafii’s charge on the Medinese school has to be expressed with just one word, it would perhaps be ‘arbitrariness’ or more precisely, ‘inconsistency’. However the aim at present is not to ruminate over the entire significance of his … Continue reading
Addendum to ‘Cosmopolitan Fiqh’ Post
In 1980, the Council of Islamic Ideology of Pakistan initiated the first comprehensive report comprising proposals for making the economy Shariah compliant with special emphasis on elimination of riba’a from the banking system. The report is considered by many as … Continue reading
Cosmopolitan Fiqh
While traditionalists and reformists continue their indulgence in fiery encounters (all in good faith) and thabet wrapped it (and more) up concisely, haroon posted a comment worthy of deliberation and serious attention. The contents of this post are a result … Continue reading
Amal-e-Ahle Madina (2) – Argument against itself
I analysed the rationale behind Imam Malik’s reliance on Practice of Madinites as a juridical source in one of my previous entries. Skipping the extension and application of this principle carried out by Malik considering it to be a distraction … Continue reading


Stare Decisis in Islamic Law
Ali at eteraz.org takes on Ijma’a, one of the primary sources of Islamic Law, best defined as the consensus of legal opinion. He raises many probing questions and pragmatically observes that …in a Muslim country, the ijma of scholars means … Continue reading →