Global Intifada

Here’s an outline for an essay I’m working on. I need to get my hands on Shatibi’s Philosophy of Islamic law. I’m gonna try to get an annotated outline finished by the end of the month.

When I go to NJ this weekend, inshaAllah, I’m going to sit down with a friend and review the structure of the outline. This is a very rough outline. It requires some explanation.

Constitutional Interpretation and Usool al Fiqh

I. Introduction

a. Presentation of Islam as is, un-cut, without the spin. No apologeticism or anything else.

b. Islam – Sunni vs. Shi’i vs Ibaadi. Differences are minor. They go to the tertiary sources

II. Political System

a. Checks and Balances

b. Federalism

c. Limited Government

d. Election of leaders

e. Distinction is the legal system

III. Start off with some differences

a. What is a “Constitution”

i. Man-made

ii. Representative of the will of the people

b. Islam: Revelation

i. From God

1. Proof?

a. Rational proofs for the existence of the creator

b. The Miraculous Nature of the Qur’an – preserved

c. Hadeeth – not as well preserved, but a complex science of authenticity. Science of chain of narrators and independent biographies.

IV. Similarities

a. Class of individuals

i. Judges

ii. ‘Ulema and Qadhis (Scholars vs Jurists)

b. Common Law/Continental

i. Independent Judges vs. Madhaib (shi’is have marjas)

ii. Taqleed vs. ijtehad

V. Similarities:

a. Primary Text

i. Constitution/Qur’an

1. Literal Import

2. Language

3. Original Intent - Founding Fathers

a. Prophet (saw)

b. Sahabah (ra)/Shi’is its their Imams

4. Values/Objectives

a. Maqasid al Shariah

5. Public Interest

a. Principle of Al Maslahah Mursalih (public interest)

b. If the text is silent

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