Ethics of Disagreement in Islam

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THE INTERNATIONAL INSTITUTE OF ISLAMIC THOUGHT

1401 AH-1981 AC

Issues in Contemporary Islamic Thought (5)

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Disagreement IVI

Taha Jabir al ‘Alwam

Prepared from the original Arabic by

AbdulWahid Hamid Edited by A. S. al Shaikh-Ali

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About this Book The Ethics of Disagreement may be perceived as an explanation of the etiquette envisioned by Islam for all those engaged in discourse and intellectual dialogue. To a great extent, the book is an exposition of the higher principles and purposes of the Shari’ah which provide Muslims with perspectives far vaster than those afforded by pedantic debate over points of law and procedure, or fine distinctions between conflicting theological arguments. In fact, experience has shown that long immer­ sion in such futile debate often renders the mind incapable of compre­ hending real situations and making value judgements on changing circumstances. Since the book was originally intended to address opposing Islamic political parties in one particular part of the Muslim world, the author went to great lengths to give examples from classical Muslim historical experience. In particular, he analyzes instances of judicial disagreement between the early fuqaha, differences that were not allowed to go beyond the academic or to cause hard feelings among the debaters and dissenters alike. Certainly, the differences between those early scholars never led them to lose sight of the higher purposes of the Shari‘ah or their responsibilities. Although this book may more appropriately be titled The Ethics of Disagreement between the Classical Jurists, it nonetheless serves as a useful introduction to the subject of disagreement in general. It also lays down for contemporary Muslims many commendable examples of forbearance and understanding on the part of some of the greatest per­ sonalities and scholars in Muslim history. In this lies the utility of this book. And it is the revival of this spirit that allows contemporary Muslims to look forward to the future with hope.

THE AUTHOR • Dr. Taha Jabir al Alwani was born in Iraq 1354/1935. He received his primary and secondary education in his native land and then graduated with an Honors Degree from the College of Shari‘ah and Law at al Azhar University in Cairo in 1378/1959. From the same university, he was awarded his Master’s degree in 1388/1968 and a doctorate in u$ul al fiqh in 1392/1973. • For ten years (from 13 95/1975 to 1405/1985 (Dr. al Alwani was a professor of fiqh and usul al fiqh at Imam Muhammad ibn Sa‘ud University in Riyadh. • Dr. alAlwani participated in the founding of the International Institute of Islamic Thought (HIT) in the USA in 1401/1981 and is now the Institute’s president and a member of its Board of Trustees. Dr. al Alwani is: • A founder-member of the Council of the Muslim World League in Makkah. • A member of the OIC Islamic Fiqh Academy in Jeddah since 1407/1987. • The president of the Fiqh Council of North America since 1408/1988. Among his works in Arabic are: • His edition of al Mah$ul fl Jim U$ul al Fiqh (The Sum and Substance of Usui al Fiqh), by Imam Fakhr al Din al Razi, in six volumes. • Al Ijtihad wa al Taqlld fl al Islam (Legal Reasoning and Imitation in Islam). • Adab al Ikhtilaffl al Islam (Ethics of Disagreement in Islam). • I$lah al Fikr al Islami (Reform of the Muslim Intellectual Discourse). Other titles in English include: • Source Methodology in Islamic Jurisprudence (Usui al Fiqh al Islami). • Outlines of a Cultural Strategy • The Qur'an and the Sunnah: Time-Space Factor, with ‘Imad al Dm khalll • Ijtihad

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