Suchergebnisse

This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter). It is argued that custom (urf and adah) was one of the important tools that the jurists used to accommodate change and to adjust the rulings of shari`ah to the ever changing conditions in particular social and historical contexts. The book presents a diachronic study of the development of the conce

This paper examines bioethical discourses concerning genetic counseling within the area of assisted reproduction. More particularly, it investigates the extent to which mainstream Western or secular bioethics is considered lacking from an Islamic perspective. The paper argues that invocation, incorporation, and even interrogation of Islamic norms ensure the legitimacy of genetic counseling within the Muslim context. The paper suggests a distinction between two levels of analysis within Islamic bioethical discussions on the consequences of genetic testing. The first addresses ethical-legal dimensions and is primarily concerned with balancing immediate benefits and harms in this world. The second addresses theological and metaphysical dimensions and is primarily concerned with faith-based convictions and religious commitments. The paper argues that both levels are needed for a nuanced understanding of the process of genetic counseling within a Muslim setting. The paper gives special attention to institutional fatwas on two main issues: prenatal genetic screening and preimplantation genetic diagnosis.

Discussions concerning science and scientific production in the Middle East often trigger a comparison between a glorious past and a gloomy present. The past witnessed a thriving scientific culture within the Islamic civilization. In the present, however, science is usually entangled in a series of debates, ranging from the normative dimensions of modern science to the larger social and political circumstances shaping current realities, particularly in light of an incessant juxtaposition, competition, or rivalry with an imagined West.

AbstractThis paper examines the role of biomedical technology in reconstructing traditional gender roles in the Muslim world. It questions the neutrality of this technology and explores the extent to which various applications of genetic and reproductive technologies can be used either to enhance or diminish gender equality. It concentrates on Islamic normative discussions surrounding pre-marital genetic testing and sex selection and emphasizes the role of these discussions for the proper accommodation of these technologies within the Muslim context.