THE CONTEMPORARY postnormal world is posing for Muslims ever strange ethical, financial, and medical dilemmas for which modern jurists are expected to provide a suitable theological response. Yet even with an encyclopedic knowledge of Islamic law, the task facing them is daunting. In the real world this level of complexity has led to chaos in fatwa issuance with many scholars voicing concern at the direction to which things are moving and calling for the process to be regulated. This book critiques fatwa issuance in the modern context and calls for application of a synthesized approach using the mechanism of collective ijtihad to formulate rulings and overcome current weaknesses. It carefully examines central juristic concepts and puts forward consultative ijtihad as a viable alternative to the controversial classical ijma' approach which may be difficult to realize in the contemporary world. The author argues that fatwas become questionable when jurists, out of their depth, fail to grasp concepts which only engagement with specialists can fully elucidate, or give way to top down financial and/or political pressure from the executives of institutions employing them. Matters are compounded by the face of fatwas having undergone a radical transformation in modern times with online programs and social media often a go-to source for Muslims. The author exposes the world of modern fatwa pronouncements – packaged, supplied and broadcast in a matter of minutes, under a mentality of one-fatwa-fits-all. In a bid for much needed reform he calls for a reassessment of current institutional practices contending that Muslim societies need not be vulnerable to the demands of a media driven, technocratic age, with rapid shifts in ethical norms, but that, in the interests of a healthy functioning society, issue fatwas cognizant of the wider modern context, specialist knowledge, as well as the cultural diversity that exists in the common Ummatic identity.

This collection of papers presents a reformist project calling upon Muslim intellectuals and scholars everywhere to comprehend the vast breadth and depth of the crisis engulfing Muslim thought today and the necessity of solving this crisis to enable the Ummah to experience a revival and fulfill its role among the nations of the world. The reader will find a variety of articles dealing with this intellectual crises, these include a chapter on ijtihad's role and history, important since our intellectual problems cannot be solved without the scholars' use of independent reasoning and creativity. Another discusses imitation (taqlid) calling upon Muslim scholars and intellectuals to abandon imitation and to stop favoring the past over the present when trying to solve modern problems. Another looks at human rights.

The American Journal of Islamic Social Sciences (AJISS), established in 1984, is a quarterly, double blind peer-reviewed and interdisciplinary journal, published by the International Institute of Islamic Thought (IIIT), and distributed worldwide. The journal showcases a wide variety of scholarly research on all facets of Islam and the Muslim world including subjects such as anthropology, history, philosophy and metaphysics, politics, psychology, religious law, and traditional Islam.

The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.

Sharia-compliance is the raison d’etre of Islamic banks. All of their instruments and activities should be based on sharia principles, which unfortunately exposes them to greater risks than their conventional counterparts, regulated under the dual banking system in Indonesia. These include inconsistencies between fatwas, unique reputational risks, and inefficiencies in the regulatory framework governing Islamic banks. This book critically examines the less-studied issue of developing an Islamic banking regulatory and supervisory framework that considers the risk pressures faced by Islamic banks’ operations in an Indonesian financial sector dominated by conventional banks. The book assesses the extent to which the global financial standards of the Basel Accords have been followed by Islamic Banks in Indonesia, with respect to their regulation, supervision, and risk management, to highlight the unresolved tensions in the multiple regulatory and supervisory institutions. The book proposes a middle-ground approach that accommodates modification of the existing financial regulatory and supervisory system in line with international best practice. The reforms proposed in this book offer a way for financial regulatory and supervisory agencies to further develop modern Islamic law and finance. The book will be a valuable resource for scholars and policymakers interested in the dual banking system in Indonesia.

Among traditionally educated scholars in the Islamic world there is much disagreement on the crises that afflict modern Muslim societies and how best to deal with them, and the debates have grown more urgent since 9/11. Through an analysis of the work of Muhammad Rashid Rida and Yusuf al-Qaradawi in the Arab Middle East and a number of scholars belonging to the Deobandi orientation in colonial and contemporary South Asia, this book examines some of the most important issues facing the Muslim world since the late nineteenth century. These include the challenges to the binding claims of a long-established scholarly consensus, evolving conceptions of the common good, and discourses on religious education, the legal rights of women, social and economic justice and violence and terrorism. This wide-ranging study by a leading scholar provides the depth and the comparative perspective necessary for an understanding of the ferment that characterizes contemporary Islam.

How and to what extent have Islamic legal scholars and Middle Eastern lawmakers, as well as Middle Eastern Muslim physicians and patients, grappled with the complex bioethical, legal, and social issues that are raised in the process of attempting to conceive life in the face of infertility? This path-breaking volume explores the influence of Islamic attitudes on Assisted Reproductive Technologies (ARTs) and reveals the variations in both the Islamic jurisprudence and the cultural responses to ARTs.