Is Islamic Purposivism a Thinly-Disguised Form of Utilitarianism?

NEWS | 24 Sep 2019

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Is Islamic Purposivism (Maqāṣid Al-Sharīʿa) a Thinly-Disguised Form of Utilitarianism?

We are happy to welcome Mohammad Fadel (University of Toronto) as the ISLAMICLAWblog 's first guest blogger. His first piece grapples with academic critics of maqāṣid al-sharīʿa (translated by Fadel as "purposivism"), who "have latched on to the inherent connection between purposivism and the idea of maṣlaḥa (often translated as “benefit,” “interest,” or “public interest”) to argue that much of modern Islamic reform is little more than utilitarianism in an Islamic garb, with concepts such as “need ( ḥāja )” and “necessity ( ḍarūra )” displacing the rigorous moral and legal reasoning of prior Muslim jurists." Fadel argues that while some "appeals to purposivism" should indeed be treated with a healthy dose of skepticism, the absolute conflation of purposivism and subjective utilitarianism is misguided. Fadel turns to historical jurists, including Abū Isḥāq al-Shāṭibī, to distinguish between the two and argue for the consideration of the former in Islamic legal reform. Read more . Image credit: McGeddon/Wikimedia/Creative Commons

Recognition and Regulation of Muslim Marriages in South Africa

In 2018, the Western Cape High Court in South Africa ordered the South African government to legislatively recognize Muslim marriages within 24 months. Waheeda Amien (University of Cape Town) considers the ramifications and efficacy of the order. "I have repeatedly argued," Amien writes, "that recognition of Muslim marriages, while necessary, is not sufficient to afford adequate protection for women’s rights. Regulation of the features of a Muslim marriage and divorce is also required." She goes on to say, "It is therefore fortifying to see that the language of 'recognition and regulation' of Muslim marriages ...is peppered across the judgment." Read more . Image credit: Creative Commons/Wikimedia

SOURCE: Muslim Marriages Bill (SALRC 2011): Draft of Bill to Recognize Muslim Marriages

The South African Law Reform Commission (SALRC) on Islamic Marriages and Related Matters drafted this bill in 2011 to "redress inequities and hardships arising from the non-recognition of these marriages." The bill proposes legislative measures to statutorily recognize Muslim marriages, arguing that the lack of such recognition unjustifiably discriminates against Muslim women on the basis of religion, marital status, gender, and sex . Read more . Image credit: Public Domain/Wikimedia

Program in Islamic Law News

Job Opening: Associate Director. The Program in Islamic Law at Harvard Law School is recruiting a Cambridge-based Associate Director with top-notch research, development, and program management skills to administer the Program, with particular emphasis on expanding partnerships and its online portal combining Islamic law and digital humanities or science tools . Associate Director details.

Job Opening: Software Engineer. The Program in Islamic Law at Harvard Law School is looking for a software engineer to join the team developing digital tools for the SHARIAsource online portal for Islamic law. The software engineer will work closely with the Institute for Quantitative Social Science (IQSS), the Program on Islamic Law, and the Harvard Libraries to develop tools to mine library collections for source material, leverage Arabic OCR and data visualization tools for historical Arabic texts, and develop scalable analytical tools for research. Software Engineer details.

Book Publication. We are pleased to announce that the forthcoming publication of an English translation of Al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī , edited and translated by Professor Mohammad Fadel (University of Toronto Faculty of Law) and Professor Connell Monette (American Academy Casablanca). This book will be the first in our Program’s new Harvard Series in Islamic Law . The translation will be released this Fall, together with an Online Companion that provides biographies of key figures in the book, maps, and more, on the SHARIAsource Portal . See excerpts from the translators.

Call for Applications :: Professors of Asian American, Latinx, and/or Islam in America Studies, Harvard University. The Faculty of Arts and Sciences at Harvard University seeks to appoint up to four professors who study race, ethnicity and/or migration with focus on Asian American, Latinx, and/or Islam in America Studies. They seek candidates who work in one or more of these areas or who do comparative work across them. These positions may be offered at either the rank of tenured full professor or as tenure-track positions, and will be located in appropriate FAS departments and programs in the humanities and social sciences. The appointments are expected to begin on July 1, 2020. Candidates are encouraged to apply by Oct 1 ; applications will be reviewed until the position is filled. Details .

Features on the ISLAMICLAW blog

Scholarship Roundup :: Recent Islamic law scholarship featured this month includes: Camilo Gómez-Rivas' book on the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids; Asli Cansunar and Timur Kuran 's paper on the Gülhane Edict of 1839 utilized to dismantle traditional institutions grounded in Islamic law and sultanic customs of governance; Ayesha Umar 's paper on the merit of social inclusion of LGBTQ community in Pakistan; a paper on t he challenges of Islamic law adjudication in public reason by Mohammad Fadel; a paper on the relationship between Sharia supervisory board and governance structures on the extent of operational risk disclosures by Ahmed Elamer, Collins Ntim, Hussein Abdou, and Chris Pyke ; Intisar Rabb' s chapter on the ways in which Islamic law decision makers consider conscience claims in the Muslim world; an article on the legal opinions of the first Muslim judge to be appointed to the High Court in British India, Syed Mahmood by Sohaira Siddiqui; a paper on Hanafi land law Jurisprudence by Erum Sattar; an article o n sovereignty, legitimacy, and fundamental rights as limitations to criminalization power of the state by Simeneh Assefa .

PIL Events: Fall 2019

Open House :: Program in Islamic Law (24 Sep 2019 | Cambridge, MA). The Program for Islamic law welcomes students, faculty, and staff back for the new year. Come learn about the program, meet others with similar interests, and more. Refreshments will be served. Details.

Lunch Lecture :: Maya Shatzmiller (22 Oct 2019 | Cambridge, MA). Maya Shatzmiller , Professor of History, University of Western Ontario, will be giving a lunch lecture.

Lunch Lecture :: Dana Lee (12 Nov 2019 | Cambridge, MA). Dana Lee, Visiting Fellow, Program in Islamic Law, will be giving a lunch lecture.

Online Symposium :: Journal of Islamic Law New Book Symposium (New Translation of The Muwaṭṭaʾ ) (Dec 2019). The Program in Islamic Law has newly launched a Journal of Islamic Law , which will host a first-time symposium on our forthcoming book publication: a translation of one of the earliest treatises on Islamic law, Al-Muwaṭṭaʾ (by Mālik b. Anas in the 8 ^th century), which has central, enduring relevance for Islamic law and society across time and place. An esteemed panel of ten scholars will debate major issues that arise in the book, reception of core legal ideas in its major spheres of influence ranging from Egypt and Iraq to Senegal and Spain, and the ways in which the laws have changed over time in response to societal change. Distributed through Harvard University Press, this translation was conducted by Professors Mohammad Fadel and Connell Monette, based on a Moroccan first-of-its-kind critical edition published in 2013.

Book Launch & Workshop :: Muwaṭṭaʾ (Dec 2019 | Morgan Courtroom, Austin Hall). Following an online symposium in the new Journal in Islamic Law on the ideas that followed from the early Islamic law treatise, Al-Muwaṭṭaʾ (by Mālik b. Anas in the 8th century), a select panel of scholars will bring the written ideas into conversation with one another in a workshop at Harvard Law School. The workshop will present opportunities for a broader community to engage in a conversation and debate with both the commentators and the author-translators of the book Professors Mohammad Fadel and Connell Monette. This workshop will accompany a book launch and reception. It comes on the occasion of the publication of the critical edition of the book by PIL and distributed through Harvard University Press, based on a Moroccan first-of-its-kind critical edition published in 2013.

Global Events: Islamic Legal Studies

Click here for the full calendar of events.

Conference :: Political Theology Network Conference (17-19 Oct 2019 | New York, NY). “Political Theology” covers a multidisciplinary field of research that engages the unwieldy relationship between religion and politics out of a desire for justice. This conference will extend this engagement by bringing together scholars, activists, artists, and religious leaders working both inside and outside the academy. Professor Intisar Rabb will be one of the speakers at this conference, which features over 70 presentations of projects and papers. Space is limited, so please register by Oct 11 . Details .

Conference :: MESA Annual Meeting (14-17 Nov 2019 | New Orleans, LA). This conference features 305 panels and special sessions on a variety of topics related to Middle East studies, and is complemented by meetings of MESA's affiliated groups, an exciting 4-day film festival, a comprehensive book bazaar featuring the latest books and software in the field, and other informal events. Pre-registration is available until Oct 24 . Details .

Seminar :: History and Economics Seminar (25 Sep 2019 | Department of History, Harvard University). Harvard University's Department of History welcomes legal historian Nurfadzilah Yahaya, National University of Singapore, to speak on the topic of "Constructing the Index of Arabs - Colonial Imaginaries in Southeast Asia." Details .

Opportunities: Jobs, Fellowships, CFPs

Click here for the full list of opportunities.

Call for Applications :: Faculty Position in Islamic Studies, Harvard Divinity School . This is a tenure-track position. The successful candidate will work closely with all levels of students in Harvard’s religion programs. We are particularly interested in a candidate with scholarly expertise either in Islam in the Americas, Islam in Southeast Asia, or Qurʾānic studies. The candidate should be competent in the appropriate research languages and conversant with the broader, global history of Islamic religion and culture. Please submit cover letter, CV, writing sample, and three references. Review of applications will begin in September. Details .

Call for Applications :: Visiting Assistant Professor of Arabic, Washington and Lee University. The Department of German and Arabic at Washington and Lee University invites applications for a two-year visiting assistant professor of Arabic, beginning July 1, 2020. Preferred candidates will hold a PhD or have ABD status in Arabic Language (TAFL or a related field (e.g., second language acquisition, comparative literature, Middle Eastern Studies)). M.A. holders will be considered. The application deadline is Sep 30 and application review will begin October 1, 2019. Skype interviews will be conducted in mid-October, and finalists will be invited to campus in late October 2019. Questions may be addressed to Professor Anthony Edwards, at [email protected]. Details .

Call for Applications :: “Communitarianism, Sectarianism, and the State” Program, The Arab Center for Research and Policy Studies, Doha Institute (4-14 Jan, 2020 | Doha, Qatar). The Arab Center for Research and Policy Studies announces the first “Winter School” program on the theme of “Communitarianism, Sectarianism, and the State.” The winter school program will be held January 4th to 14th, 2020, and is open to advanced graduate students (ABD) and early career researchers in the social sciences and humanities. Prospective applicants have until Sep 30 to apply. Details.

Call for Applications :: Claremont Prize for the Study of Religion, Columbia University. The Institute for Religion, Culture and Public Life at Columbia University is happy to announce the Claremont Prize for the Study of Religion, which is dedicated to the publication of first books by early career scholars working in any discipline of the humanities or social sciences. This competition will give scholars the opportunity to travel to Columbia University and workshop their manuscript with a group of dedicated faculty/experts. Applications will be accepted from scholars who have received their PhD in or after 2012 and who are looking to publish their first single-authored book. Submissions can be on any aspect of the study of religion, including the study of secularism. The deadline for applications is Oct 1 . Details.

Call for Papers :: “Acts of Excommunication” in the Late Antique and Early Islamicate Middle East (12-13 Mar, 2020 | Leiden, The Netherlands). This conference aims to bring together both senior and junior scholars to present research which illuminates the dynamics implicit in the act of excommunication and associated practices: ostracism, anathema, and other forms of religio-social exclusion, among the major religious communities of the Islamicate world, 600-1200 CE. The workshop will focus on “acts of excommunication,” meaning that its primary focus will be specific cases, whether real or imagined, which display the dynamics and implications of excommunicatory practices. Please send abstracts of around 300 words to [email protected] by Oct 1 . Details .

Call for Applications :: Postdoctoral Fellowship, Harvard University. The Academy Scholars Program identifies and supports outstanding scholars at the start of their careers whose work combines disciplinary excellence in the social sciences or law with a command of the language and history or culture of countries or regions outside of the United States or Canada. Academy Scholars are appointed for a two-year, in-residence, postdoctoral fellowship at The Harvard Academy for International and Area Studies, Harvard University, Cambridge, MA. Academy Scholars receive substantial financial and research assistance to undertake sustained projects of research and/or acquire additional training in their chosen fields and areas. Applications for the postdoctoral fellowships beginning in August 2020 are due by Oct 1 . Details.

Call for Applications :: Arabic Language Faculty Member, Georgetown University in Qatar (Oct 1, 2019 | Doha, Qatar). Georgetown University in Qatar is recruiting a teaching-oriented faculty member in Arabic Language. This is a full-time, three-year position that is eligible for renewal. The teaching load is three courses per semester. The successful candidate will be able to teach Modern Standard Arabic at all levels, particularly to non-native and heritage language learners. Review of applications will begin Oct 1 and continue until the position is filled. Details .

Call for Papers :: Criminal Activity and its Investigation in Africa and the Middle East (1-2 Jun 2020 | Ben-Gurion University). Ben-Gurion University’s Department of Middle East Studies is hosting a workshop on “Criminal Activity and its Investigation in Africa and the Middle East.” They invite scholars working on colonial and non-colonial empires in Africa and the Middle East, including the Ottoman, Safavid and Qajar Empires, to submit relevant proposals for an international workshop on the subject. Those interested in participating in the workshop are welcome to send a one-page proposal in English, along with a short C.V., by Oct 1 . Details.

Call for Applications :: Assistant Professor of Islamic Studies, Macalester College. The Macalester College Religious Studies Department invites applications for an Assistant Professor of Islamic Studies (tenure-track) to begin Fall 2020. A PhD is required by time of appointment. The successful candidate will be expected to teach a broad range of courses in classical and modern Islam and in the study of religion more broadly (i.e. Introduction to Religious Studies). The field of specialty within Islamic Studies is open. Applications received by Oct 1 will receive first consideration. Details.

Call for Applications :: Affiliated Faculty (Part-Time), Emerson College. The Institute for Liberal Arts & Interdisciplinary Studies at Emerson College is looking to hire a part-time Affiliated Faculty to teach “HI204 Islam in the World” during the Spring 2020 semester, January 14-May 1, 2020. All interested applicants must submit a cover letter, CV, and evidence of teaching effectiveness (course evaluations, syllabi, and/or peer evaluations) through their Workday application system. Review of applications will continue until the position is filled. Details .

Call for Papers :: Cities in Motion in the Worlds of Islam (2-5 Sep 2020 | Antwerp, Netherlands). As part of the 15th International Conference on Urban History, this session will explore changing patterns of spatial segregation and ethnic diversity in cities in the Islamic worlds, and will examine the resilience or changing nature of segregation, the reasons behind it, the link with migration flows, and the social, political, cultural, and economic organization of city life. Please submit abstract (up to 350 words) by Oct 4 . Details .

Call for Papers :: Southeast Regional Middle East and Islamic Studies Society (6-8 Mar 2020 | Atlanta, Georgia). The Southeast Regional Middle East and Islamic Studies Society (SERMEISS) invites scholars, including advanced doctoral students, to submit paper proposals for its 2020 spring meeting, which will be held March 6-8, 2020 at Emory University in Atlanta, Georgia. The spring 2020 meeting will focus on “Islam and Law,” and paper proposals should be broadly related to that theme. To submit a paper proposal, please send your materials in a single file to Curtis Ryan ( [email protected] ) by Oct 4 . Details.

Call for Applications :: Tenure-track Assistant Professor of Arabic, Macalester College. The Macalester College Department of the Classical Mediterranean and Middle East invites applications for a tenure-track Assistant Professor of Arabic. Candidates must demonstrate passion and ability for teaching Modern Standard Arabic at all levels, as well as research and teaching interests in the literature, history, cultures, and/or societies of the classical Arab world. Strengths in pre-Islamic literature, interdisciplinary approaches to literature, and in literary theory and analysis are particularly welcome. Application deadline Oct 5. Details.

Call for Applications :: National Humanities Center Fellowships (Sep 2020-May 2021 | Research Triangle Park, NC). The Center will offer up to 40 residential fellowships for advanced study in the humanities. The Center is international in scope and welcomes applications from scholars outside the U.S. Applicants must have a doctorate or equivalent scholarly credentials. The Center seeks to provide at least half salary and covers travel expenses for Fellows and dependents. Fellowship applicants are asked to complete the online application form and to upload the following documents by Oct 10 : a) 1,000-word project proposal; b) short bibliography; c) CV one-page tentative outline of the structure of the project; and d) contact information for three references (who will receive an email prompt inviting them to upload a letter on behalf of the applicant). Details .

Call for Applications :: Lecturer in Arabic Language, Boston University . The Boston University Department of World Languages and Literatures invites applicants for a full-time position as Lecturer in Arabic Language to begin July 1, 2020. Responsibilities include teaching three courses per semester as well as active participation in curricular development, and some extracurricular and recruitment efforts. Application deadline for all required materials is Oct 15 . Details .

Call for Applications :: Associate Professor of Modern Middle East History, Yale University. The Yale University Department of History intends to make an appointment in Modern Middle East history to begin on July 1, 2020. The successful candidate may be appointed at the rank of full or associate professor with tenure, or at the rank of untenured assistant professor. Please contact Dana Lee ( [email protected] ) with any questions. The review of applications will begin Oct 15 . Details.

Call for Applications :: Assistant Professor Modern Middle East History, Yale University. The Yale University Department of History intends to make an appointment in Modern Middle East history to begin on July 1, 2020. The successful candidate may be appointed at the rank of full or associate professor with tenure, or at the rank of untenured assistant professor. Please contact Dana Lee ( [email protected] ) with any questions. The review of applications will begin Oct 15 and continue until the position is filled. Details.

Call for Applications :: Assistant Professor Classical Arabic Islamic Thought, Georgetown University. The Department of Arabic and Islamic Studies at Georgetown University, Washington, D.C., invites applications for a tenure-track assistant professorship in the field of Classical Arabic Islamic Thought, starting in August 2020. The department is considering a broad range of humanistic disciplines, including intellectual and cultural history, adab, language and rhetoric, religious studies, philosophy, etc. Review of applications starts Oct 15 and will continue until the position is filled. Details .

Call for Applications :: California State University, Long Beach: Assistant Professor in Women’s, Gender, and Sexuality Studies. This position will teach lower- and upper-division core courses including: Gender, Race, Sex and Societies; Bodies and Borders; Feminist Theory; Feminist Methods; Internship, and Senior Capstone Seminar. Applicants should have a PhD by Aug 1, 2020; have expertise in applied gender studies in areas including, but not limited to, public policy, public health, or non-profit or community-based organizing; with a focus on Asian diaspora or Asian-American communities or Muslim countries, cultures, or communities. Applications include cover letter, CV, transcript, writing sample, two proposed syllabi, and three letters of recommendation. Review of applications will begin Oct 15 . Details .

Call for Applications :: Assistant Professorship, Binghamton University (Oct 15, 2019 | New York, USA). The Department of History at Binghamton University, State University of New York, invites applications for a t enure-track assistant professorship in early modern Ottoman history (c. 1300-1800) beginning in Fall 2020. The department seeks applications from candidates whose research is grounded in Ottoman sources and archival materials, and especially encourage applications from scholars who take a trans-regional or trans-imperial perspective that incorporates the diverse religious groups, ethnicities, and regions that constitute the Ottoman world. Review of applications will begin Oct 15. Details.

Call for Applications :: Assistant Professor, California State University Long Beach. California State University Long Beach’s Department of Women’s, Gender, and Sexuality Studies is recruiting an Assistant Professor in Women’s, Gender, and Sexuality Studies. Research agenda and teaching focus in applied gender studies in which transnational, intersectional, transdisciplinary, and practical approaches to address social problems and effect social change in local, regional, and/or international contexts are prioritized. Review of applications to begin Oct 15. Details.

Call for Applications :: Assistant Professor Early-Modern Ottoman History, University of California, Los Angeles. The UCLA Department of History invites applications for a tenure-track position at the rank of assistant professor in 16th through mid-19th century Ottoman history. The department welcomes applications considering any theme or methodological approach. The deadline for receiving applications and required documents is Oct 15 . Details.

Call for Applications :: Assistant Professor, Stanford University. Stanford University invites applications for a tenure-track Assistant Professor faculty position focused on the culture, economics or politics of Muslim societies. The department welcomes applications from scholars who are studying Muslim societies in Iran and Central Asia, as well as South, Southeast and East Asia. For full consideration, materials should be received by Oct 25. Details .

Call for Papers :: Women and Gender Studies in the Middle East (Mar 2021 | Beirut, Lebanon). The Association for Middle East Women’s Studies (AMEWS) is inviting submissions for an international conference, in partnership with local universities. A variety of topics are welcome, including politics, economics, history, sexualities, culture, arts, and digital humanities. Please email abstracts (250 words) to [email protected] by Oct 30 . Details .

Call for Papers :: Women and Gender Studies in the Middle East ( Mar 2021 | Beirut, Lebanon). The Association for Middle East Women’s Studies (AMEWS) is pleased to invite submissions of abstracts (250 words) for an international conference on gender and women’s studies in the Middle East in the second week of March 2021 in Beirut, Lebanon, in partnership with local universities (American University of Beirut and Lebanese American University). This is the first AMEWS conference in the Middle East The call is open to the broad range of topics on gender and women’s studies in the social sciences and humanities: politics, economics, history, sexualities, culture, arts, digital humanities and so forth. The deadline for sending abstracts is Oct 30 . Details .

Call for Applications :: Assistant Professor in History, Durham University. Durham University is recruiting an Assistant Professor in their Department of History. Applicants with interests in Mediterranean, North African, Iberian, Islamicate, Byzantine and Eurasian Studies are all encouraged, as well those with expertise in European History. Review of applications will begin Oct 31 . Details .

Call for Papers :: 34th Annual Symposium on Arabic Linguistics (Feb 27-Mar 1, 2020 | Tucson, Arizona). The Arabic Linguistics Society together with the University of Arizona’s School of Middle Eastern and North African Studies are pleased to announce the 34th Annual Symposium on Arabic Linguistics to be held at the University of Arizona in Tucson, on February 27-March 1, 2020. Papers are invited on topics that deal with theoretical and experimental issues in Arabic Linguistics. Deadline for receipt of abstracts Nov 1 . Details.

Call for Applications :: Assistant Professor of Medieval and Islamic Art History, George Mason University. The George Mason University Department of History and Art History invites applications for a Tenure-Track Assistant Professor of Medieval and Islamic Art History. Candidates for this position should have an active scholarly agenda in the field of pre-modern Islamic, Medieval European, or Byzantine art history. The department especially welcomes candidates whose research demonstrates critical engagements with global, transcultural, and trans regional conversations in their discipline. Review of applications will begin on Nov 1 and will continue until the position is filled. Details.

Call for Applications :: Dean, Northwestern University in Qatar. Northwestern University in Qatar (NU-Q) offers a world-class program in media education with degree programs in journalism and in communication built on a strong foundation of liberal arts. NU-Q now seeks a new dean to advance its institutional trajectory, achieve its academic mission and play an important role in the continued development and transformation of Qatar. Interested individuals should send application materials to [email protected] by Nov 1. Details.

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