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The Baqa And Fana Infinities Of Islamic Law: Approaches To Islamic Law And Behavior, Ali Khan
The Baqa And Fana Infinities Of Islamic Law: Approaches To Islamic Law And Behavior, Ali Khan
Ali Khan
This article draws two main conclusions. First, meeting both the permanent and evolutionary needs of Muslim communities, Islamic law is a normative composite of baqā (eternal) and fanā (transient) sources of law. Islamic law founded on the Quran and the Prophet’s Sunnah (Basic Code) offers normative permanence to the extent that fundamental values of the Basic Code cannot be amended or repealed. However, Islamic positive law, comprised of fiqh, legislation, case law, local customs, and international law, evolves under the submission principle, a principle that requires positive law to submit to the Basic Code. Accordingly, no rule of positive law …
Protection Of Languages And Self-Expressions Under Islamic Law, Ali Khan
Protection Of Languages And Self-Expressions Under Islamic Law, Ali Khan
Ali Khan
The Islamic law of speech diversity recognizes two distinct divine rights, one applying to speech communities and the other to individuals. The divine right to language allows each speech community to preserve and celebrate its native language free of coercion and disrespect from other speech communities. Native languages are the assets of speech communities. The Islamic law prohibits coercive degradation of native languages but at the same time it interposes no barriers in learning other languages. Closely related to the right to language is the divine right to individual self-expression or self-determination. Each human being is unique because God, the …
The Reopening Of The Islamic Code: The Second Era Of Ijtihad, Ali Khan
The Reopening Of The Islamic Code: The Second Era Of Ijtihad, Ali Khan
Ali Khan
Resisting radical proposals for change, most Muslim communities are refusing to discard the entire past.Although some Islamic regimes have experimented with secularism - and Turkey has officially adopted non-amendable constitutional secularism - most Islamic nations reject the secular model of law under which legislative authority is reposed in institutions divorced from religion and law is separated from the principles of the Quran and the Sunna - the Basic Code. Mainstream Muslim scholars and jurists from across the world seem to have reached a near-consensus that, although the Basic Code cannot be abandoned, it must be re-interpreted to establish legal systems …