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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The Islamic Rational State: The Arab Islamists' New Politico-Legal Discourses of a Post-Caliphate Order

Ould Meiloud, Ahmed, Ould Meiloud, Ahmed January 2017 (has links)
The future of political Islam, especially in respect to its response to the contemporary salient liberal values, has attracted immense scholarly interest. Some scholars expect a perpetual conflict because of the inherent 'illiberalism' of Islam; while others project an imminent post-Islamist turn, as liberal politics takes hold in Muslim societies. Examining the discourses of Arab Islamists, my dissertation points to a different development. Based on a comprehensive textual analysis of the writings of five contemporary Arab Islamists, projected against a survey of a century of Arab Islamic juridico-political thought—including three decades of engagement with democracy—I argue that these Islamists have formulated coherent (in foro interno) foundations for an Islamic rational state. These foundations, which reflect neither an abandonment of all traditional Islamist aims nor a neglect of divine texts, rest on a reconfiguration of Islamic legal theory, in which classical methods of textual analysis are discarded in favor of a systematic rational exploration of the Lawgiver's aims (maqasid). This novel hermeneutics warranted the exclusion of all past Islamic juridico-political frames (including the early Islamic caliphate) and their rationalizations as binding. Thus, unencumbered by legal precedents, these Islamists conceptualize the political sphere as anthropocentric and therefore open to reasonable overlapping consensus.
2

Women & Leadership in Islam / A Critical Analysis of Classical Islamic Legal Texts

Jalajel, David Solomon January 2013 (has links)
Philosophiae Doctor - PhD / The present research examines the post-formative Islamic legal literature surrounding the question of women’s leadership to gauge whether and to what extent the development of Islamic legislation pertaining to women was determined by genderattitudes prevalent in Muslim society. There are three main theories to explain the prevalence of Islamic legal rulings divesting women of leadership roles. The first is the traditional view that these rulings are best explained by the application of the theoretical and hermeneutical approaches of classical Islamic legal theory to the Islamic source texts, the Qur’ān and Sunnah. The second is that the rulings are best explained as the consequence of the widespread gender attitudes in near-eastern society during the formative and early post-formative period of Islamic Law. The third is that legal inertia is the primary factor in explaining the existing post-formative Islamic legal corpus and little can be determined from it regarding the origin and early perpetuation of the laws. These competing theories are tested and explored by returning to a broad survey of Islamic legal texts from the four canonical schools of thought. The relevant passages from these texts are first translated and then examined according to three separate analytical approaches – a legal-hermeneutical analysis, an analysis of gender motifs, and a diachronic analysis of legal arguments – to explore the ways in which classical legal scholars arrived at and justified the prohibition of female leadership in politics, the judiciary, and congregational prayer. Key

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