My dissertation examines the transformation of Islamic legal discourse and the impact of that discourse on Muslim society. More particularly, it analyzes fatwas (religious legal edicts) over the course of Muslim history so as to determine how this legal mechanism was instrumental in the making and remaking of Islamic law and society. Historically speaking, substantive aspects of Islamic law developed out of the material of fatwas. In the very early stages of Islamic history there were no codified laws to guide people in their religious and social concerns, but the manner in which Muslims received guidance with regards to their religious practice was that they posed their concerns to early proto-jurists in the form of religio-legal questions, which these jurists addressed in the form of fatwas. Out of the critical mass of these fatwas, Islamic legal manuals began to be compiled and a definitive corpus of Islamic law came into being. Essentially, my investigation looks at the development and continuing evolution of Islamic law through lens of a particular legal practice: issuance of fatwas. By examining fatwas in different periods of Islamic history from the beginning until today, I chart the transformations that take place in Islamic legal tradition(s) as a result of the encounter with changing socio-historical conditions. More particularly, my analysis draws attention to the way in which legal practices amongst jurists created discursive shifts to established norms within Islamic legal discourse on how these discursive shifts contributed to the evolution of Islamic law. Moreover, by analyzing fatwas issued from Muslim jurists from various regions and periods, I identify how fatwas were essential catalysts for historical change, which gives us a better appreciation of the interrelationship between law and society. This historical foundation provides a basis for a diachronic assessment of the transformations that take place in Islamic legal tradition as a result of the encounter with colonialism. In latter part of my investigation, I examine how the practice and rationalization of fatwa has changed due to the ramifications of colonialism on the Muslim world. In this era, the established practices and doctrines of Islamic law were critiqued through the lens of modern Western ideas. This spawned modern Muslim movements that sought to reform Islamic law and redefine its relationship to the state and society. After historically establishing the ideas which were advocated by reformers, my goal is to assess whether those calls for reform have actually affected the practice Islamic law at the substantive and procedural levels. I do this by subjecting fatwas issued in the postcolonial period to critical analysis, so as to determine whether the procedures or rationale of fatwas have changed in a fundamental way. The larger themes that I address in my latter analysis is whether this modern trend amongst some Muslim thinkers and jurists towards contextually oriented legal concepts represents a lasting shift away from the traditional textually oriented legal methodology to produce a new type of discourse that is revolutionizing Islamic law or is it a passing phenomenon that will not make a lasting impact on how Islamic law is derived in the future. Fatwas are the key starting points in addressing these question because they represent the most elemental dimensions of Islamic law and the new legal developments within it. So, they offer vistas on how Muslim religious and legal practice will undergo a transformation in the future. / Religion

Doctor of Philosophy / Department of Curriculum and Instruction / Kay Ann Taylor / This study explored Islamophobia and Muslims’ religious experiences in the Midwest. Its purpose was to propose a new theory named Critical Muslim Theory. The research methodology was autoethnography (me, the researcher) in concert with discovering in-depth experiences and narratives of nine Muslim participants (five Muslim females and four Muslim males) in dealing with Islamophobia. Religion became the centrality of Critical Muslim Theory in replacing race (as in Critical Race Theory) while centralizing other oppressions Muslims experience through intersections with religion and law, religion and gender, and religion and race. Critical Muslim Theory represents six basic tenets, namely: (a) Islamophobia is endemic and pervasive, (b) Critical Muslim Theory is critical towards how the dominant society views Islam and Muslims, (c) Islamophobia is a social construction, (d) Legal basis, (e) Intersectionality, and (f) Storytelling and counterstories reveal the oppression and pain of Muslims. An historical context was established for Muslims in the United States of America, although more research needs to be contributed to this area. Instances of interest convergence also were present, however, more research in this area is needed. One recommendation from this research suggests combating ignorance through education and establishing a pure relationship between Muslims and non-Muslims through dialogue for understanding. This study further proposes Muslim Double Consciousness as an area for future research. This topic was of interest due to proposing the theory, its further research and development, and the potential for Critical Muslim Theory to stand on its own as a methodology.

Arabic text / One of the most important objectives of the Islamic Code is the reformation of character so that Divine justice may be achieved in human society. Two things are of paramount importance: -Teaching upcoming generations for being receptive to Islamic teachings so as to live a healthy future; and -Developing a healthy society that provides scope for successful survival of its members. Among numerous scholars that have undertaken this noble task is Shaikh Sa'di, the Persian mystical poet. A reading of his Gulistan confirms the didactic nature of his poetry. The history of human culture attests to the eminent position he occupies in refining morality of people regardless of their race or creed, and regardless of the era in which they live. The primary objective of this dissertation is to probe this literature which offers avenues for acquiring a firm sense of justice and felicity. / Religious Studies & Arabic / M.A. (Arabic)

Mesurer l’impact des réserves Charia sur l’application des dispositions essentielles de la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes (la CEDEF) est l’élément principal de cette étude. À cette fin, le statut juridique de la Femme est examiné, à la lumière des dispositions de la Convention, dans trois pays de culture musulmane (Egypte, Arabie Saoudite et Iran). La présente étude tend à démonter que le statut moindre de la Femme, dans les pays de culture musulmane, est la conséquence de la primauté de l’Islam, en tant que doctrine politico-religieuse, au sein des sociétés civiles. L’étude met l’accent sur l’antagonisme qui existe entre le droit international positif, de nature essentiellement séculaire, et le droit religieux, d’essence divine en vigueur dans la majorité des États de culture musulmane. Elle insiste également sur cette réalité persistante qui consiste, dans de nombreux pays, à nier l’application des droits humains aux femmes, au prétexte de leur incompatibilité avec la loi religieuse supérieure. C’est l’ambition de cette recherche que de proposer que, seule, une séparation nette, de la Religion et du Droit serait à même de garantir l’application universelle et uniforme du droit international de l’Homme et la Femme. / Measuring the impact of Sharia reservations on the application of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is the principal subject of this paper. In this respect, the legal status of women is examined, in the light of the Convention (CEDAW), within three Muslim countries (Egypt, Saudi Arabia and Iran). The present study tries to demonstrate that the lesser status of Muslim women is the result of Islam’s primacy, as a politico-religious ideology, within civil societies. The paper emphasizes on the existing irreconcilable conflict between, the international positive law, essentially of secular nature, and the religious law, mainly of divine nature. This paper also advocates that the persistent denial of basic human rights of women in Muslim countries is mainly due to the incompatibility of those rights with imposed religious norms (sharia law). In it’s ambition this study aims to prove that only a strict separation between law and religion could guarantee the universal application of human rights of men and women.

Arabic text / One of the most important objectives of the Islamic Code is the reformation of character so that Divine justice may be achieved in human society. Two things are of paramount importance: -Teaching upcoming generations for being receptive to Islamic teachings so as to live a healthy future; and -Developing a healthy society that provides scope for successful survival of its members. Among numerous scholars that have undertaken this noble task is Shaikh Sa'di, the Persian mystical poet. A reading of his Gulistan confirms the didactic nature of his poetry. The history of human culture attests to the eminent position he occupies in refining morality of people regardless of their race or creed, and regardless of the era in which they live. The primary objective of this dissertation is to probe this literature which offers avenues for acquiring a firm sense of justice and felicity. / Religious Studies and Arabic / M.A. (Arabic)