Nov
28

Dignity & Rights: An Islamic Perspective

In seeking to democratize thinking about ethics, recent posts have covered Islamic perspectives on justice and equity, this book covers the Islamic perspective of dignity, from the book "The Dignity of Man: An Islamic Perspective" (1999) by Mohammed Hashim Kamali. A few notes:

"Islam's perception of human rights is not premised on the individual verses nation-state framework. The nation-state itself represents a superimposition which has little claim to authenticity in the authoritative sources of Islam, namely the Qur'an and Sunnah. The Qur'an and Sunnah lend support to the creation of a political order and leadership that takes charge of community affairs and administers justice. But the main actor and audience in all this is the individual, not the state." (p. xii)

"World cultures and traditions tend to differ not only in the value-content of human rights but in regard to many other variables that influence the place and priority that is given to those rights. The western tradition posits freedom in order mainly to avoid the outcome of a despotic of government, while Islam emphases virtue as a goal for both the individual and society. The west emphases individual rights and interests, while Islam gives priority to collective good in the event which the latter conflicts with the interest of the individual." (p. xv)

"Dignity in other words is not earned by meritorious conduct; it is an expression of God's favour and grace. Mustafa al-Sibai and Hasan al-Ili have similarly remarked that dignity is a proven right of every human being regardless of color, race or religion. Ahmad Yusri has drawn the conclusion that 'dignity is established for every human being at the moment of birth'. Sayyid Qutb has similarly stated that dignity is the natural light of every individual. The children of Adam have been honored not only for their personal attributes or status in society, but for the fact that they are human beings." (p. 1-2)

"It is a basic right of all human beings to live a life of dignity, complemented by peace and comfort and the freedom to pursue what brings them happiness and perfection through all lawful means. A Muslim only worships God as his sole creator and sovereign and humbles himself to no one else. The creation and enjoyment of beauty, good health and a clean environment are seen as complementary to the defined lifestyle of Islam." (p. 8)

"Another manifestation of the dignity of man in Islam is its insistence on the essential equality of every member of the human race. All are equal in the eyes of God regardless of race, color and religion. No man has a claim to superiority over another, and there is no recognition in Islam of a class or caste system, a superior race, or a chosen people or any related concept. Man's inherent dignity is sacrosanct and the only ground of superiority is recognized in the Qur'an is God-consciousness [taqwa]" (p. 45)

"Islam's perception of human dignity is predicated on the unity of the origin of mankind, and its basic quality in regard to the essence of humanity, rights and obligations." (p. 102)

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Nov
03

Equity and Fairness in Islam

One of the courses I have taught across three continents is ethics. Most textbooks (nearly all) are exclusively eurocentric (other than brief nods to other peoples and traditions existing). An interesting conversation we have in class is engaging with how different ethical theories consider equality and equity. In "Equity and Fairness in Islam" (2005) by Mohammad Hashim Kamali provides a useful (albeit legalistic) perspective from Islamic ethics. A lengthy set of notes for interested students in particular:

"there are basically two types of istihsan namely analogical istihsan and exceptional istihsan. The former consists of a departure from obvious analogy [qiyas jali] to a hidden analogy [qiyas khafi], whereas the latter consists of making an exception to the normal rules of Shari'ah in particular cases. In both eventualities, the jurist relies on his personal opinion [ra'y] and carries out ijtihad on that basis for the purpose of avoiding the rigidity and hardship that are feared from strict conformity to existing law." (p. 76)

"The origins of istihsan can clearly be traced back to the Companions especially the decision of the Caliph 'Umar al-Khatab to postpone the prescribed punishment of theft during the year of famine on the ground that applying the normal rules under such conditions would fail to obtain justice and may even amount to oppression. The Caliph is also on record as having made two different decisions concerning a case of inheritance, known as al-mushtarakah [discussed below], the second of which set aside the normal rules of inheritance and provided a solution that seemed equitable and just under the circumstances. The facts of these decisions leave little doubt as to the historical origins of istihsan." (p. 17)

"Another example is when someone sees a goat that is without its owner and has suffered an injury that is likely to cause its death, and with a view to prevent its loss, the observer slaughters it at his own initiative without the owner's permission. The normal rules would make him liable for consumption by the owner, but not liable under the rules of istihsan based on maslahah." (p. 41)

"The basic intent of istihsan is to ensure harmony between the letter and the spirit of law, but it's application is confined to cases and situations where a conflict arises between the letter and spirit of shariah due mainly to the factual peculiarities and circumstantial anomalies of particular cases" (p. 3-4)

"The juridical meaning of istihsan reflects its literal meaning in that the term refers to juristic preference, exercised by a qualified jurist and mujtahid, consisting of departure from an existing rule or principle of the law in a particular case, in favor of a different ruling that is considerably preferable." (p. 11)

"istihsan has equally strong grounds of identity with the masajid it should, in fact be evident from our discussion of istihsan throughout this presentation that the evidential basis, rational and purpose of istihsan are almost identical with those of masajid al- Shari'ah. Istihsan can thus be seen as an instrument of consolidation that can link up the major themes of the usul and the masajid into an organic unity." (p. 123-124)

"the Hanafi, Maliki and Hanbali jurists have considered istihsan a valid proof, the Shafai, Zahiri and Shi'i 'ulama' have rejected altogether and refused to give it any credibility in their formulation of the legal theory of the 'usul al fiqh'." (p. 5) 

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Mar
23

New Publications (2018, Jan-Mar)

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Nov
17

Funded PhDs: Energy Ethics

The Department of Social Anthropology at the University of St Andrews (UK) is advertising 2 PhD scholarships (4 years, full time, 100% UK/EU fee waiver with maintenance stipend of approx. £14,296/year (equivalent to a RCUK stipend) and conference/research expenses) to participate in an ERC-funded research project on the ethics of oil. The start date is September 2017. Deadline for application: 16 January 2017

This project entitled "The Ethics of Oil: Finance Moralities and Environmental Politics in the Global Oil Economy (ENERGYETHICS)" offers an exciting opportunity for 2 outstanding graduates to join a major anthropological research project funded by the European Research Council - as part of the conventional track for a PhD in Social Anthropology at University of St Andrews. The project is a comparative study of how people in positions of influence within the global oil economy make financial and ethical valuations of oil. Ethnographic fieldwork will be carried out with oil companies in the US and Norway, energy analysts in the UK and the US, and fossil fuel divestment movements in Germany and the UK. Taking our starting point in people's own perceptions of and direct involvement in the oil economy, we aim to understand the relationship between oil, money and climate change. We will ask: What is the value of oil? How do such valuations, understood as both financial and ethical, intersect and inform the making of the global energy economy in oil? To what extent can oil be an important industrial resource, a profit-yielding investment opportunity and an undesired pollutant that brings about irreversible climate impacts?

We are seeking prospective candidates with an existing interest in fields such as economic life, morality and ethics, energy and climate change, corporations and organisations. Applicants are encouraged to contribute their own provisional research ideas in the form of a proposal as part of their application. Projects will have ethnographic fieldwork at their core, but may also draw on other methodologies, including archival and visual media work.

Successful candidate 1 will explore convergences of oil production with national welfare agendas and climate change concerns in Norway. The research will involve 15 months of fieldwork and the candidate must be able to/willing to learn Norwegian. Successful candidate 2 will examine how divestment projects in Germany and the UK intersect with oil industry vulnerability and visions for the future. The research will involve 15 months of fieldwork and the candidate must be able to/willing to learn German.

Prospective candidates are encouraged to contact the Principal Investigator Dr Mette M. High.

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