Adis Duderija | SabrangIndia https://sabrangindia.in/content-author/adis-duderija/ News Related to Human Rights Fri, 15 Nov 2024 05:42:58 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Adis Duderija | SabrangIndia https://sabrangindia.in/content-author/adis-duderija/ 32 32 Progressive modern Muslim scholars reconnect to the rationalist tradition in Islam https://sabrangindia.in/progressive-modern-muslim-scholars-reconnect-to-the-rationalist-tradition-in-islam/ Fri, 15 Nov 2024 05:42:58 +0000 https://sabrangindia.in/?p=38749 The principles articulated by rationalist scholars resonate with contemporary debates on universal human rights, challenging the perception that Islamic thought is inherently opposed to rationalism or individual rights.

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In the Islamic intellectual history, few contributions have been as profound and far-reaching as those of rationalist scholars who shaped the development of Islamic natural law theories. They stand out not only for their philosophical insights but also for their commitment to reason as a guiding principle in understanding morality and justice. This essay seeks to briefly outline the contributions of these scholars and their impact on Islamic jurisprudence, while also examining the subsequent decline of rationalist thought in the Islamic world after the thirteenth century and how contemporary progressive Muslimscholars are reviving Islamic natural law theories.

The Rationalist Tradition in Islamic Thought

The rationalist tradition in Islamic philosophy emerged in a context where diverse intellectual currents were converging. Philosophers such as Abū Bakr al-Rāzī and Ibn al-Hasan al-Tūsī engaged deeply with the works of Greek philosophers, particularly Aristotle and Plato, while simultaneously addressing the unique challenges posed by Islamic theology. This synthesis of Hellenistic philosophy and Islamic thought laid the groundwork for a rich discourse on natural rights and the moral foundations of law.

Among the notable figures is Ibn Bāja (d. 533/1139), who emphasized the importance of reason as a means to understand the divine order. His writings reflect a belief that human beings, endowed with reason, can discern natural laws that govern both the cosmos and human conduct. Similarly, Ibn Rushd(d. 595/1198), known in the West as Averroes, championed the harmony between religion and philosophy. His commentaries on Aristotle were pivotal in promoting rational inquiry as a legitimate path to understanding religious truths.

Another significant thinker, Ibn Tufayl(d. 581/1185), explored the implications of natural law through his philosophical novel Hayy ibn Yaqdhan. The story illustrates how a human being, through reason and observation, can arrive at knowledge of God and moral truths without the need for religious texts. This notion of self-discovery through reason underscores a broader rationalist perspective that transcends dogma.

The Development of Islamic Natural Rights

The contributions of these scholars culminated in the classical natural rights thesis, which posits that rights are inherent to human beings and can be discerned through reason. This idea resonates with contemporary discussions on human rights, highlighting a historical precedent for the recognition of individual dignity and moral agency within Islamic thought.

Rationalist jurists such as Ibn ‘Aqīl (d. 581/1185) and Fakhr al-Dīn al-Rāzī (d. 606/1209) further enriched this discourse by engaging with the ethical implications of natural law. They argued that justice is not merely a reflection of divine command but can be understood through rational deliberation. This perspective laid the groundwork for a more nuanced interpretation of Sharia that incorporated ethical reasoning alongside traditional jurisprudence.

The School of Illumination, founded by al-Suharwardy (d. 587/1191), introduced a mystical dimension to rationalism, suggesting that intellectual illumination could lead to a deeper understanding of divine truths. This integration of mysticism with rational thought provided a holistic approach to natural law, suggesting that moral truths could be accessed through both reason and spiritual insight.

The Decline of Rationalist Influence

Despite these significant contributions, the influence of rationalist scholars began to wane after the thirteenth century. A combination of political, social, and intellectual factors contributed to this decline. The rise of more dogmatic interpretations of Islam, particularly in the context of the Sunni-Shi‘i divide, led to a diminishing space for rationalist discourse. The establishment of orthodox schools of thought, which prioritized textual authority over philosophical inquiry, further marginalized the rationalist tradition.

During the Ottoman and Safavid periods, while some scholars made noteworthy contributions, their works often remained isolated achievements in an otherwise inhospitable intellectual environment. This is particularly evident in the writings of figures like Mullā Sadrā (d. 1641), who, despite his innovative synthesis of philosophy and theology, struggled to find a broader audience within a predominantly conservative milieu.

Reviving the Islamic Natural Law Tradition: The Role of Progressive Scholars

In recent decades, a new generation of progressive Muslim scholars has emerged, seeking to revive and expand upon the rationalist tradition of Islamic natural law. Figures such as Ebrahim Moosa, Hassan Hanafi, Muhammad Abed al-Jabiri, and Mohsen Kadivar  are at the forefront of this intellectual revival, each contributing unique perspectives that reflect a commitment to reason, ethical inquiry, and social justice.

Ebrahim Moosa: Bridging Tradition and Modernity

Ebrahim Moosa, a prominent scholar at the University of Notre Dame, emphasizes the importance of reinterpreting Islamic texts through a contemporary lens. He advocates for a contextual understanding of the Quran and Hadith, arguing that the application of Islamic principles must be responsive to modern ethical challenges. Moosa’s work encourages a return to the rationalist principles of natural law, asserting that human dignity and rights are inherent in Islamic teachings. By engaging with both traditional sources and modern philosophical discourse, Moosa seeks to create a framework for Islamic law that is both relevant and just in today’s world.

Hassan Hanafi: Philosophy and Social Change

Hassan Hanafi, an influential Egyptian philosopher, has been a vocal proponent of a rationalist approach to Islamic thought. His work critiques the rigid interpretations of Islam that have dominated intellectual discourse and advocates for a philosophy of liberation. Hanafi argues that Islamic natural law can provide a basis for social justice, human rights, and democratic governance. By emphasizing the need for a critical engagement with Islamic texts, he seeks to empower Muslim communities to reclaim their intellectual heritage and apply it to contemporary struggles for justice and equality.

Muhammad Abed al-Jabiri: Critical Rationalism

Muhammad Abed al-Jabiri, a Moroccan philosopher, has made significant contributions to the discourse on Islamic rationalism through his critical examination of Arabic thought. Al-Jabiri’s work focuses on the historical and cultural contexts of Islamic philosophy, advocating for a rationalist approach that moves beyond traditional dogmas. He argues that the revival of natural law theories can help Muslims articulate their rights and responsibilities in a modern context. By reinterpreting classical texts and integrating them with modern philosophical ideas, al-Jabiri aims to foster a more dynamic and critical engagement with Islamic thought.

Mohsen Kadivar: The Ethics of Governance

Iranian scholar Mohsen Kadivaroffers a contemporary perspective on Islamic ethics and governance, emphasizing the need for rationality in political and legal frameworks. His work critiques the prevailing interpretations of Sharia that often prioritize authoritarianism over justice and equity. Kadivar calls for a return to the ethical foundations of Islamic law, arguing that a rationalist approach to natural law can provide a robust framework for democratic governance and human rights. By advocating for an interpretation of Islam that prioritizes ethics and reason, Kadivar contributes to the ongoing dialogue about the role of Islam in contemporary political life.

Khaled Abou El Fadl: The Search for Beauty and Reason

Abou El Fadlemphasises the importance of ethical reasoning and the spirit of the law over rigid legalism, advocating for an interpretation of Islam that is both compassionate and context-sensitive.

Abou El Fadl critiques the dogmatic tendencies that can arise from a narrow interpretation of Islamic texts, arguing that such rigidity often leads to harmful consequences for individuals and communities. He encourages Muslims to engage with their faith critically and reflectively, emphasising that authenticity in Islam should be grounded in ethical considerations rather than mere adherence to tradition.

His scholarship highlights the necessity of understanding Islam as a living tradition that evolves with the times, allowing for diverse interpretations and practices that reflect the complexities of contemporary life. By advocating for a more inclusive and humane approach to Islam, Abou El Fadl challenges the notion that authenticity is merely about following established norms or historical precedents.

A Collective Effort Toward Renewal

These scholars represent a collective effort to revitalize the rationalist tradition within Islamic thought. By engaging critically with both classical texts and contemporary issues, they are forging a path that honours the intellectual legacy of earlier rationalists while addressing the complexities of modern life. Their work underscores the enduring relevance of natural law theories in articulating a vision of justice that is consistent with Islamic principles.

As they explore the intersections of faith, reason, and ethics, these progressive Muslim thinkers are not only contributing to academic discourse but also inspiring a broader movement within Muslim communities. Their emphasis on human rights, social justice, and ethical governance resonates with the aspirations of many Muslims seeking to navigate the challenges of the modern world while remaining grounded in their faith.

The Contemporary Relevance of Rationalist Thought

In recent years, there has been a resurgence of interest in the rationalist tradition of Islamic thought, with scholars seeking to revive these philosophical insights in the context of contemporary issues. Discussions on human rights, social justice, and ethical governance increasingly draw upon the foundational principles articulated by rationalist jurists. By revisiting their works, progressive Muslim  scholarscan advocate for a vision of Islam that embraces reason and ethical inquiry as central to its moral framework.

Moreover, the global discourse on natural law has opened new avenues for dialogue between Islamic philosophy and Western thought. The principles articulated by rationalist scholars resonate with contemporary debates on universal human rights, challenging the perception that Islamic thought is inherently opposed to rationalism or individual rights.

Conclusion

The rationalist scholars of the Islamic tradition laid the intellectual groundwork for a robust understanding of natural law and human rights in the contemporary period as exemplified by progressive Muslim scholars. Their contributions underscore the importance of reason in ethical deliberation and legal jurisprudence, offering a perspective that remains relevant in today’s discussions on morality and justice. The challenge now lies in fostering an intellectual environment that allows for the flourishing of reasoned discourse, ensuring that the legacy of these scholars continues to inform and enrich the moral landscape of contemporary Islamic civilization. The efforts of progressive Muslimscholars today further this legacy, demonstrating that the principles of natural law and ethical governance can thrive within the framework of Islam, ultimately contributing to a more just and equitable society.

Checkout Dr. Adis Duderija’s personal website at: https://dradisduderija.com/

A decades old patron of New Age Islam, Dr Adis Duderija is a Senior Lecturer in the Study of Islam and Society, School of Humanities, Languages and Social Science; Senior Fellow Centre for Interfaith and Intercultural Dialogue, Griffith University | Nathan | Queensland | Australia. His forthcoming books are ( co-edited)-  Shame, Modesty, and Honora in Islam  and Interfaith Engagement Beyond the Divide  (Springer)

Courtesy: New Age Islam

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The Significance of Male Reformist Ijtihad on Gender Issues in Advancing Gender Affirmative Interpretations of Islam https://sabrangindia.in/the-significance-of-male-reformist-ijtihad-on-gender-issues-in-advancing-gender-affirmative-interpretations-of-islam/ Fri, 15 Mar 2024 07:20:43 +0000 https://sabrangindia.in/?p=33836 Historically, Gender-Affirmative Interpretations Were Often Dismissed By Conservative-Minded Male Scholars As Feminist Or Subjective Products Of Female Identity. However, Male Reformist Scholars Challenge This Narrative By Providing A Male Perspective On Gender Equality Within Islam.

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Historically, Gender-Affirmative Interpretations Were Often Dismissed By Conservative-Minded Male Scholars As Feminist Or Subjective Products Of Female Identity. However, Male Reformist Scholars Challenge This Narrative By Providing A Male Perspective On Gender Equality Within Islam.

The emergence of male reformist scholars engaging in ijtihad (independent reasoning) on gender issues within Islam holds profound significance for the acceptance and advancement of gender-affirmative interpretations of the faith. In this op-ed, we will explore the reasons why the male gender identity of these reformist ijtihadists matters, the collective nature of their efforts, their theoretical sophistication, insider engagement with tradition, global accessibility, and resonance with contemporary Muslim audiences. We will argue that these factors contribute to the potential impact and wider acceptance of gender-affirmative interpretations of Islam.

Male Gender Identity and Credibility

One of the notable aspects of the male reformist scholars’ ijtihad on gender issues is their gender identity. Historically, gender-affirmative interpretations were often dismissed by conservative-minded male scholars as feminist or subjective products of female identity. However, male reformist scholars challenge this narrative by providing a male perspective on gender equality within Islam. In traditional societies, religious authority has been predominantly associated with male figures, making the arguments put forth by these male reformists harder to dismiss. Their gender identity lends credibility to their perspectives, as they can navigate the patriarchal structures of Islamic scholarship and engage with a broader audience.

Collective Effort and Credibility

The collective nature of the male reformist scholars’ efforts significantly contributes to the impact of their work. It is not just a few isolated voices but a relatively large number of male scholars who are devoting their time and effort to foster gender equality-affirming interpretations of Islam. This collective effort enhances the credibility and influence of their arguments, distinguishing them from earlier male reformers of the twentieth century. Scholars such as Khaled Abou El Fadl , Muhammad Khalid Masud, Yousef Eshkevari ,Mohsen Kadivar and myself have made significant contributions to these discourses, amplifying the reach and influence of gender-affirmative interpretations of Islam.

Theoretical Sophistication and Engagement with Tradition

The male reformist scholars stand out due to their remarkable theoretical sophistication in engaging with the pre-modern Islamic tradition. Their work goes beyond superficial interpretations and offers robust and systematic approaches to gender issues. This level of scholarship adds substantial weight to their arguments, making them harder to dismiss or ignore. Moreover, these scholars have an intimate familiarity with the pre-modern Islamic hermeneutical, theological, ethical, and legal tradition. Many of them have undergone traditional Islamic education or have held high-ranking clerical positions. Their insider perspective enables them to engage with the tradition on its own terms, providing credibility and authority that cannot be easily dismissed by their traditionalist detractors.

Global Accessibility and Muslim Audiences

The impact of these reformist scholars extends beyond their scholarly contributions. Many of them reside in Western liberal democracies but write in major Islamic vernacular languages such as Arabic and Farsi, or their works are translated into these languages. This multilingual approach, coupled with the availability of their ideas through websites and publications, enhances the accessibility of their work to global Muslim audiences. This accessibility allows their gender equality-affirming hermeneutics to resonate with the lived realities and ethical sensibilities of contemporary Muslims, both male and female.

Reconciling Lived Experiences with Religious Ideals

Perhaps the most significant aspect of gender-affirmative Islamic hermeneutics is their potential to reconcile the lived experiences of contemporary Muslims with their desired religious ideals and norms. Unlike traditional interpretations, these hermeneutics acknowledge and address the gender-based realities of Muslims today. By doing so, they offer a path to bridge the gap between lived experiences and religious ideals, aligning with the ethical sensibilities of many contemporary Muslims.

The rise of male reformist scholars engaging in ijtihad on gender issues heralds a significant milestone in the pursuit of gender equality within Islam. Their gender identity, collective efforts, theoretical sophistication, insider engagement with tradition, global accessibility, and resonance with contemporary Muslim audiences all contribute to the potential impact and wider acceptance of gender-affirmative interpretations of Islam. By advancing gender equality through their scholarship, these male reformist scholars are paving the way for a more inclusive and progressive understanding of Islam that aligns with the lived realities and ethical sensibilities of Muslims in the modern world.

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A decades old patron of New Age Islam, Dr Adis Duderija is a Senior Lecturer in the Study of Islam and Society, School of Humanities, Languages and Social Science; Senior Fellow Centre for Interfaith and Intercultural Dialogue, Griffith University | Nathan | Queensland | Australia. His forthcoming books are ( co-edited)-  Shame, Modesty, and Honora in Islam  and Interfaith Engagement Beyond the Divide  (Springer)

This piece is based on authors academic paper that can be accessed here- https://www.academia.edu/43990448/Contemporary_Muslim_Male_Reformist_Thought_and_Gender_Equality_Affirmative_Interpretations_of_Islam

Courtesy: New Age Islam

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Gender Apartheid in Afghanistan under the Taliban https://sabrangindia.in/gender-apartheid-in-afghanistan-under-the-taliban/ Fri, 01 Sep 2023 06:44:46 +0000 https://sabrangindia.in/?p=29583 Under Taliban rule, women's rights have been systematically suppressed, suffocating every aspect of their lives.

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The resurgence of the Taliban in Afghanistan some two years ago has marked a devastating setback for women’s rights in the country. The severity of the situation is highlighted by a joint report by Richard Bennett, the Special Rapporteur on the situation of human rights in Afghanistan, and Dorothy Estrada-Tanck, Chair of the Working Group on discrimination against women and girls. Their report unequivocally states that women and girls in Afghanistan are enduring extreme discrimination that amounts to gender persecution and can be characterized as gender apartheid. In this article I want to describe the harrowing realities faced by Afghan women and emphasize the urgent need for international intervention.

Systematic Suppression of Women’s Rights

Under Taliban rule, women’s rights have been systematically suppressed, suffocating every aspect of their lives. The Taliban’s strict interpretation of Islamic law has led to the banning of women from attending schools, working in NGO offices, and participating in public office and the judiciary. The above-mentioned joint report states that “women and girls in Afghanistan are experiencing severe discrimination that may amount to gender persecution – a crime against humanity – and be characterised as gender apartheid, as the de facto authorities appear to be governing by systemic discrimination with the intention to subject women and girls to total domination”.  These restrictions not only curtail women’s personal freedoms but also hinder the progress of Afghan society as a whole. Education is a vital tool for empowerment and social advancement, and by denying women access to education, the Taliban is ensuring the perpetuation of gender inequality and limiting the country’s potential for development.

The Taliban’s oppressive policies also extend to the economic sphere, where women’s ability to work and contribute to their families’ livelihoods has been severely curtailed. By excluding women from the workforce, the Taliban is not only depriving them of financial independence but also undermining the overall economic growth and stability of Afghanistan. It is essential for the international community to recognize the significance of economic empowerment for women and advocate for inclusive economic policies that enable Afghan women to participate fully and contribute to the rebuilding of their nation.

Brutal Imposition of Punishments

The Taliban’s harsh interpretation of Islamic law has resulted in the brutal imposition of punishments on women. Stoning, lashing, and amputation have become tools of intimidation and control. These cruel practices not only cause physical harm but also instill fear among women, effectively silencing their voices and perpetuating a climate of oppression. The international community must condemn such barbaric acts and take decisive action to protect the fundamental rights and dignity of Afghan women.

The brutal punishments imposed by the Taliban serve as a chilling deterrent to women who dare to challenge the status quo. By subjecting women to such inhumane treatment, the Taliban aims to enforce conformity and maintain a patriarchal power structure. The international community must make it clear that such actions are unacceptable and stand in direct violation of universally recognized human rights principles. Sanctions, diplomatic pressure, and targeted assistance should be employed to hold the Taliban accountable for their egregious violations and work towards dismantling the culture of fear that prevails in Afghanistan.

Widespread Restrictions on Women’s Rights

The Taliban’s edicts have imposed widespread restrictions on the rights of women and girls, encompassing various aspects of their lives. From curbing their freedom of movement and dictating their attire and behaviour to limiting their access to education, healthcare, and justice, Afghan women find themselves trapped in a web of oppressive regulations. This should be recognised for what it is, a form of apartheid, gender-apartheid.

The freedom of movement is a basic human right that enables individuals to pursue education, employment, and opportunities for personal growth. By restricting women’s mobility, the Taliban effectively confines them to their homes, stripping them of agency and autonomy. This not only hampers their ability to access essential services but also perpetuates their reliance on male relatives, further exacerbating gender inequality.

The Taliban’s imposition of strict dress codes and behavioural expectations further reinforces the notion that women’s bodies and actions must be controlled. Such restrictions infringe upon women’s right to self-expression and individuality, reducing them to mere objects subjected to societal norms and expectations. The international community must advocate for the freedom of expression and choice, encouraging Afghan women to reclaim their identities and challenge the oppressive norms imposed upon them.

Access to education, healthcare, and justice is vital for the well-being and empowerment of women. The Taliban’s restrictions in these areas deny women their basic rights, leaving them vulnerable and marginalized. Education is not only a means to acquire knowledge but also a tool for empowerment and social change. By denying women access to education, the Taliban perpetuates a cycle of ignorance and dependence. Similarly, limited access to healthcare and justice denies women essential services and denies them recourse in cases of abuse or discrimination.

The Taliban’s treatment of women in Afghanistan is nothing short of a gender apartheid, as characterized by experts in the field. Afghan women, who were making significant strides towards empowerment and equality over the past two decades, now face an uncertain and perilous future. Their rights and freedoms have been erased, and their voices have been silenced by a regime that is inherently anti-women. According to the UN, around 80% of girls and young women of school age are not in education.  This systematic suppression of women’s rights, brutal imposition of punishments, and widespread restrictions on their freedoms demand urgent attention from the international community. Efforts must be made to protect their rights, provide aid and support, and hold the Taliban accountable for their actions. Only through collective action can we hope to restore justice, dignity, and equality for the women of Afghanistan and prevent a humanitarian crisis from further deepening. The time to act is now.

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A decades old patron of New Age Islam, Dr Adis Duderija is a Senior Lecturer in the Study of Islam and Society, School of Humanities, Languages and Social Science ; Senior Fellow Centre for Interfaith and Intercultural Dialogue, Griffith University | Nathan | Queensland | Australia.

Courtesy: New Age Islam

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