slides perspectives 1 (ppt, 332 kb)

Institute of Law

Introduction to Islamic and Middle Eastern Law FS16Prof. Dr. Andrea Büchler

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Perspectives: Contemporary Approaches and Discourses 1

Contemporary Muslim Scholars

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General approachIntroduction

Global movement of scholars who are re-reading the foundational and canonical Islamic texts in order to reform itIndependent interpretation of religious sources was restricted in 10 th century when the “gate to independent interpretation (ijtihad)” had closed

As a consequence Islamic law became rigid and unswayableEfforts to carry out social, political and legal reforms in 19 th centuryToday modern Muslim scholars are adopting a variety of methodological approaches in order to circumvent the narrow restrictions placed on their work by classical Islamic tradition

Reference to history of Islam and pre-Islamic times in order to move law closer to its original intent of achieving justice“[…] a deeper, more profound meaning of religious as well as social values can be established through a proper understanding of the Quran and Sunna; these principal sources of the Sharia emphasize pragmatism and reform in accordance with demands of the society.” (Rehman)

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General approachOverview

Different discourses on IslamFundamental, traditionalist, literalist or conservative approachLiberal, modern or contextual approachSecular approach

Different tendencies in terms of philosophical outlook, methodology and hermeneutics between and within these broad trends

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General approachFundamental, traditionalist , literalist or conservative approach

‚Apologetic‘ tradition: Qur’an and hadith are immutable

According to Qur’an men and women are equal, although gender hierarchies still exist

Inherent compatibility of Islam with international human rights

No historical or contextual interpretation

Timeless and eternal nature of Islamic junctions is a challenge for its application in the contemporary era

But in literalist approach, this challenge is dismissed as irrelevant while insisting that holy injunctions cannot be continuously modified to suit changing times

Claim that all challenges posed by modernity are eminently resolvable by the adherence to the sources of the Qur’an and the Sunna. The text is the sole source of legitimacy

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General approachLiberal, modern or contextual approach I

Nasr Abu Zaid, Abdullahi An-Na’im, Abdullah Saeed, Amina WadudEmphasis on essence and core values embedded in the holy text and new understanding of religious texts which does not violate fundamental principles like equality and justice.

Some scholars prefer a limited reinterpretation of the sources and use traditional methodologies. They prefer a gradual approach to changing those Islamic laws which do not respond to Muslims current needs any longer.Other scholars favor a broader scope of interpretation and apply modern methodologies derived from social sciences in addition to traditional methods. They prefer an extensive revision of those Islamic laws which do not respond to Muslims current needs any longer. Emphasis on historical, socioeconomic and political contexts of the time of RevelationThis method permits differentiation between those verses that are bound by time and space and particular conditions and those that address universal and eternal truths like the unity of God, the prophecy of Muhammad, the Day of JudgmentBy emphasizing ijtihad, this approach allows the development of appropriate instruments suited for new conditions

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General approachLiberal, modern or contextual approach II

Example for contextual approach

The degree of detail in which certain verses of Islamic family law are formulated is largely a reflection of the efforts being made at that time to provide women with effective protection. However it is precisely this density of regulation which is proving a constant hindrance to the ongoing development of family law towards greater gender equality – unless, of course, the Qur’an is read in its historic context, based on its spirit of introducing a gradual and progressive change of the status of women in the context of the transition from a tribal to an Islamic society, as its ideals anticipated. Many Islamic legal scholars emphasise that the basic ethical norm of the Qur’an is equality between the sexes and the necessity to carry this message forward.

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General approachSecular approach

Faith as a personal matter: A state has to be neutral regarding religious doctrine

Shari’a principles cannot be enacted and enforced by the state as public law and public policy. Such an enactment would necessarily be the political will of the state and not the religious law of Islam An‘Naim: „In order to be a Muslim by conviction and free choice, which is the only way one can be a Muslim, I need a secular state. By a secular state I mean one that is neutral regarding religious doctrine, one that does not claim or pretend to enforce Shari’a – the religious law of Islam – simply because compliance with Shari’a cannot be coerced by fear of state institutions or faked to appease their officials“

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Contemporary Muslim ScholarsAmina Wadud

Born in Maryland in 1952, Amina Wadud is a contemporary African-American Muslim scholar and representative of feminist Islam

Ph.D. in Islamic and Arabic Studies; Professor at the Virginia Commonwealth University from where she retired in 2008

In 2005, among great controversy she led the Friday prayers of a mixed congregation in an Anglican church in Manhattan

In order to achieve gender equality and social justice (two basic principles of the Qur’an) it is necessary to include women and their experiences when reading the holy text

The lack of female exegetes during the Abassid period, when basic paradigms were created, caused a “historical female gap”

Men even moved away from the Qur’ans ethical codes for female autonomy

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Contemporary Muslim ScholarsAmina Wadud: Hermeneutics and methodology

Two important areas of focusImportance of gender in interpretative methodologyHermeneutic focus on how to read the text in order to come to the best understanding of its intended content

Traditional reading misses reflection and is too atomisticPreference given to the method of tafsir al Qur’an bi al Qur’an (interpretation of the Qur’an based on the Qur’an itself)

Arabic, which is the language of Revelation, is best suited for comprehension, but it allows only gendered terms due to its grammatical structure

Gender equality and social justice cannot be expressed properly in a gendered languageFundamental misconception of the concept

Words must be examined in the light of the overall Qur’anic ideologyConservative understanding of historical and cultural practices as literal and definitive statements

Amina Wadud objects this method of interpretation: Historical reforms established a precedent for continual development

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Stani

Liebe Eveline,willst Du das auch ins Glossary aufnehmen?

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Contemporary Muslim ScholarsAmina Wadud: Qur’an and Woman

Qur’an adapts to the context of the modern woman as smoothly as it adapted to the original Muslim community fourteen centuries agoKey principles of human development according to Qur’an: justice, equity, harmony, moral responsibility, spiritual awareness, and development

Therefore, Qur’an does not teach essential distinction between sexes nor does it support a singular role or gender definition

Qur’anic message to share responsibility for individual and social equality between sexes

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Contemporary Muslim ScholarsAmina Wadud: Sura 4:34

Sura [4:34]Male exegesis: Preference of men over womenAmina Wadud: [4:34] describes the functional relationship between husband and wife towards society

While it is a woman’s right and duty to bear children, a role only she can fulfill, the Qur’an establishes a man’s complementary responsibility to guard his familyIt establishes an obligation for men with regard to women to create a balanced and shared societyThe verse accommodates to cultural particularities but with progressive intentions by developing mechanisms to restrict spousal abuse in order to strive towards an equitable social order and the equality of the sexes

Capacity as „official interpreters of divine will“ has empowered men to profoundly influence Muslim attitudes and practices towards women; therefore, the importance of a female inclusive reading of the Quran is imperative

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Contemporary Muslim ScholarsAmina Wadud: Conclusion

Denial of autonomy and equality to women subverts the Qur’an’s intent of full equalityPersistence of sexual inequality due to political, social, cultural and historical factors rather than religiousThe capacity as „official interpreters of divine will“ has empowered men to profoundly influence Muslim attitudes and practices towards women; therefore, the importance of a female inclusive reading of the Quran is imperative

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Contemporary Muslim ScholarsAmina Wadud: Extracts I„In the area of gender, conservative thinkers lead explicit Qur'anic reforms of existing historical and cultural practices as the literal and definitive statement on these practices for all times and places. What I am calling for is a reading that regards those reforms as establishing precedent for continual development toward a just social order. A comprehensive just social order not only emphasizes fair treatment of women, but also includes women as agents, responsible für contributing to all matters of relevance to human society. Despite so much Qur'anic evidence about the significance of women, gender reform in Muslim society has been most stubbornly resisted“. (1999)

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Contemporary Muslim ScholarsAmina Wadud: Extracts II„It should also be noted here, by war of reiteration and elaboration, that while Qur'an and Woman assumes the basis of knowledge to be the one established in the Qur'an, I do critique the tendency in the Islamic intellectual legacy to marginalize the perspectives of women and render women as subjects of male construction. As a believer, I accept the whole of the book, but consider exegesis a human-and therefore limited-endeavor to clarify textual meaning and help determine application. To challenge gender biases in these endeavors from within a pro-faith perspective is not the same as critiques offered by classical and neo-Orientalists, for whom no constraint or motivation of belief exist. As a believer, I accept certaill aspects of Islam as sacred: the Qur'an is the word of Allah, and the Prophet(s) Muhammad, to whom this message was conveyed, has established his sunnah as normative behavior for believers. How these aspects are understood among Muslims has varied historically.“ (1999)

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Contemporary Muslim ScholarsAmina Wadud: Extracts III„Although the male and female are essential contingent characters in the creation of humankind, no specific cultural functions or roles are defined at the moment of creation. At that moment, Allah defines certain traits universal to all humans and not specific to one particular gender nor to any particular people from any particular place or time. The divine ayat, in both their words of revelation and empirical forms in nature, are available to all. The empirical ayat can be perceived by every person anywhere and at any time. The specific ayat which Allah has revealed to a chosen few at particular times under particular circumstances are meant for all. The Qur‘anic version of the story of the Garden signifies individual responsibility. The nafs (self, soul) represents that individuality. Therefore, whatever good is performed is reflected on to that nafs and whatever bad is performed has its consequences on that nafs“. (1999)

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Contemporary Muslim ScholarsAmina Wadud: Extracts IV„This belief in the need to obey the husband is a remnant of marriages of subjugation and is not exclusive to Muslim history. It has not progressed, although today couples seek partners for mutual emotional, intellectual, economic, and spiritual enhancement. Their compatibility is based on mutual respect and honour, not on the subservience of the female to the male. The family is seen as a unit of mutual support and social propriety, not an institution to enslave a woman to the man who buys her at the highest price and then sustains her material and physical needs only, with no concern for the higher aspects of human development. If the Qur'an was only relevant to this single marriage type, it would fail to present a compatible model to the changing needs and requirements of developing civilizations worldwide. Instead, the Qur'anic text focuses on the marital norm at the time of revelation, and applies constraints on the actions of the husbands with regard to wives. In the broader context, it develops a mechanism for resolving difficulties through mutual or extended consultation and arbitration.“ (1999)

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Contemporary Muslim ScholarsAmina Wadud: Extracts V„I believe the Qur‘an adapts to the context as smoothly as it adapted to the original Muslim community fourteen centuries ago. This adaptation can be demonstrated if the text is interpreted with her in mind, thus indicating the universality of the text. Any interpretations which narrowly apply the Qur'anic guidelines only to literal mimics of the original community do an injustice to the text. No community will ever be exactly like another. Therefore, no community can be a duplicate of that original community. The Qur'an never states this as the goal. Rather, the goal has been to emulate certain key principles of human development: justice, equity, harmony, moral responsibility, spiritual awareness, and development. Where these general characteristics exist, whether in the first Muslim community or in present and future communities, the goal of the Qur'an for society has been reached. The attitude of the individual exegete has helped to shape the interpretation he or she gives to specific verses and general Qur' anic principles. That most of the tafasir (exegetical works) are done by males indicates something about women and interpretation. Perhaps women can agree and have agreed with these, in total or in parts. Perhaps women can disagree and have disagreed, but willingly acquiesced to these 'authorities', or were unable to substantiate their disagreement. Whatever the case, no record exists, in our Islamic legacy, of a meaningful discourse between the preceptions, experiences and reflections of women and men about both their different and similar understandings of the text.“ (1999)

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Contemporary Muslim ScholarsNasr Abu Zayd

1943-2010

Egyptian intellectual and scholar; Master‘s degree and Ph.D. from the Arabic Studies Faculty at Cairo University

1995 forced into exile after being declared an apostate by Egyptian Courts

As a scholar of literary studies, Abu Zayd focuses on the language of the Qur’an

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Contemporary Muslim ScholarsNasr Abu Zayd: Philosophy and exegesis

Qur’an as a cultural production

Qur’an is not self-explanatory; its understanding depends on the intellectual and cultural horizon of the reader

Condemns belief in one single, precise and valid interpretation of the Qur’an handed down by the Prophet for all times

Qur’an has no ‚objective’ meaning which is accessible to individuals; the divine message varies depending on the receiver of the information

An interpretation is the result of a relationship between the interpreter and the text

Therefore the essence of the message conveyed by the Qur’an to a twentieth-century reader must be different to the one conveyed to a Muslim in the seventh century

A democratic hermeneutics can only be achieved through regarding the Qur’an as discourse rather than text

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Contemporary Muslim ScholarsNasr Abu Zayd: Human rights

Human rights should be based on human reason and social will rather than on Islam

Reconsideration of human rights, women’s rights, rights of religious minorities

e.g. hudud stipulations in the Qur’an are not Islamic because they originated in Roman law and Jewish tradition

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Contemporary Muslim ScholarsNasr Abu Zayd: Conclusion

Qur’an provides general ethical guidelines

But, Qur’an does not have the answer to all human and social issues

Contradiction between religious texts and human rights exists but is irrelevant since it does not affect the essence of religion

Qur’an is a literary monument, not a list of judgments or a legal text

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Contemporary Muslim ScholarsNasr Abu Zayd: Extracts I„Such a claim [that the Prophet‘s understanding is sacred] leads to a kind of polytheism, because it equates the Absolute with the relative and the constant with the transient; and, more specifically, because it equates the Divine Intent with the human understanding of this Intent, even in the case of the Messenger‘s understanding. It is a claim that leads to an idolization of a conferral of sainthood upon the Prophet, by concealing the Truth that he was a human, and by failing to present clearly enough the fact that he was merely a prophet.“ (2006)

„For Muslim scholars, the Quran was always a text from the moment of its canonization until the present moment. Yes, if we pay close attention to the Quran as discourse or discourses, it is no longer sufficient to re-contextualize one or more passages in the fight against literalism and fundamentalism, or against a specific historical practice that seems inappropriate for our modern context. Similarly, it is not enough to invoke modern hermeneutics to justify the historicity and hence the relativity of every mode of understanding, while in the meantime claiming that our modern interpretation is more appropriate and more valid. What these inadequate approaches produce is either polemic or apologetic hermeneutics. Without rethinking the Quran and without re-invoking its living status as a „discourse“, whether in academia or in everyday life, democratic and open hermeneutics cannot be achieved.“ (2006)

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Contemporary Muslim ScholarsNasr Abu Zayd: Extracts II„I treat the Qur'an as a text in the Arabic language that the Muslim as weIl as the Christian or atheist should study, because the Arab culture is united in it, and because it is still able to influence other texts in this culture. It is a text that took up the pre- Islamic texts and that all texts after it have taken up, even those that are produced today. I venerate the Qur'an more than all the salafis. The salafis limit it to the role of prescription (halal) and proscription (haram). This is in spite of the fact that it is also a text that has been productive for the arts. The visual arts thus arose from the Qur'anic text, for the most important art is the art of calligraphy. The vocal arts arose from the art of reciting the Qur'an - all classical singers in the Arab culture began with Qur'an recitation. How did this diversity of meanings and indications, this presence on all levels, become transformed? I enjoy listening to a recitation of the Qur'an. How much remains hidden because of the limitation to prescription and proscription! In reality, no one enjoys the Qur'an. We read the the Qur'an and are afraid, or dream of Paradise. We transform the Qur'an into a text that provides incentives, and intimidates. Into a stick and a carrot. I want to liberate the Qur'an from this prison, so that it is productive again for the essence of the culture and of the arts, which are strangled in our society.“ (1996)

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Contemporary Muslim ScholarsNasr Abu Zayd: Extracts III„If one contextually examines the majority of the Quranic legal stipulations known as hudud (plural of hadd, for example the penalty for fornication, zina, robbery, sariqah, or causing social dis order, hirabah, as weil as kiiling, qatl), it is reasonable to ask: were these stipulations basically initiated by Islam and thus Islamic? The answer must be a definite 'no'; all were generally pre-Islamic. Some penalties originated from Roman law and were adopted from the Jewish tradition, while others belong to an even older tradition. In our modern times of human rights and respect for the integrity of the human body, the amputation of body parts or execution cannot be considered divinely sanctioned religious punishments. Other aspects of sharia, such as those dealing with the rights of religious minorities, women's rights and human rights in general, also need to be revised and reconsidered. Contextualization of the Quranic stipulation and examination of its linguistic and stylistic structure – as discourse – would reveal that the jurists' work was basically to unfold the meaning of such stipulation and to re-encode this meaning in various social contexts. The Quran is not in itself a book of law; as we have already seen, legal stipulations are expressed in discourse style, and these reveal a context of engagement with human needs in specific times. This, in turn, opens up the appropriation of the intended 'meaning' into every paradigm of meaning. As a discourse, the Quran provides multiple options and a variety of solutions, as well as an open gate of understanding.“ (1992)

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Contemporary Muslim ScholarsAbdullahi An‘Naim

Born in Sudan in 1946, Abdullahi Ahmed An-Na‘im is a human rights acitvist and Professor of law at Emory Law school

An internationally recognized scholar of Islam and human rights, and human rights in cross-cultural perspectives, his research interests also include constitutionalism in Islamic and African countries, and Islam and politics. He directs several research projects which focus on advocacy strategies for reform through internal cultural transformation

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Contemporary Muslim ScholarsAbdullahi An‘Naim: Philosophy

Theory of interdependence between Islam, human rights and secularism:

Cross-cultural universality of human rights

Internal reformation of Islamic law based on the following methodology

The later Medina revelation, which was tailored to the social and cultural context of 7th century Arabia (emphasizing law, order and obedience) could be abrogated by the earlier Mecca revelation, which is spiritualistic, accommodating justice, freedom and equality

The later Medina revelation makes it impossible to respond to changes in physical and social environment

Reaffirmation of secularism for Muslim states

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Contemporary Muslim ScholarsAbdullahi An‘Naim: Human rights

No universal application of human rights without a substantial agreement on concept, scope and content

Liberal interpretation of Islamic sources in order to make Islamic law compatible with human rights

This new version of Shari’a must develop from within Islam

Protection of human rights and political and social space secured by secularism are needed for a Muslim to live up to the ideals of their own religion

Main areas of conflict:

Rights of women

Rights of non-Muslims

Freedom of religion and belief

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Contemporary Muslim ScholarsAbdullahi An‘Naim: Criminal punishment

hudud punishments are religious in nature

Should not apply to non-Muslims

No total abolition

Rather restriction of implementation by developing strong social and economic prerequisites and stricter procedural requirements for the enforcement and by recognizing psychological disorder as defense against criminal responsibility

The debate on the legitimacy of hudud punishments can cause internal struggle of Muslim societies

No interference from the outside needed

No penal consequences for apostasy

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Contemporary Muslim ScholarsAbdullahi An‘Naim: Conclusion

Neutrality of the state while the Islamic thought is maintained through the process of ijtihad

Need for Muslim communities to reconcile with the human rights on their own terms

Consensus on international standards can be achieved through internal cultural discourse and cross-cultural dialogue

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Contemporary Muslim ScholarsAbdullahi An‘Naim: Extracts I

“… there should be no penal or other negative legal consequences for apostasy and all of the related concepts from an Islamic perspective, because belief in Islam presupposes and requires the freedom of choice and can never be valid under coercion or intimidation.” (Islam and the Secular State)

“… constitutionalism and human rights are necessary means to the end of upholding the dignity and rights of citizens, but that purpose can be realized only through the agency of citizens.“ (Islam and the Secular State)

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Contemporary Muslim ScholarsAbdullahi An‘Naim: Extracts II„A historical perspective is a poor excuse for the current inferior status of women under Shari’a when compared to other contemporary legal systems or when judged by the emerging international standards.“ (The Rights of Women and International Law in the Muslim Context)

“Discrimination against and persecution of non-Muslims” cannot be justified by Muslims “on the basis of Islamic cultural norms, the Muslims themselves must seek ways of reconciling Shari’ah with fundamental human rights.“ (Religious Minorities under Islamic Law and the Limits of Cultural Relativism)

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Contemporary Muslim ScholarsAbdullah Saeed

Born on the Maldives

BA in Arab and Islamic studies from Saudi Arabia

MA in applied linguistics and PhD in Islamic studies from the University of Melbourne, Australia

Professor at the University of Melbourne

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Contemporary Muslim ScholarsAbdullah Saeed: Philosophy

Hermeneutical methodology requires revision as times change

Socio-historical embeddedness of the Qur’an; textualist and/or semi-textualist interpretations are limited

Proposal of a new method: Contextualist approach

Reconciliation of modern times with classical Islam

Qur’an should be seen both as text and as discourse in order to understand its true character

Traditional discipline of abrogation (naskh) is most powerful tool for that purpose

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Contemporary Muslim ScholarsAbdullah Saeed: Hermeneutics

Contextualist approach:

Stage I: Encounter with the world of the text

Stage II: Critical analysis (linguistic; literary context; literary form; parallel texts; precedents)

Stage III: Contextual analysis: Meaning for the first recipients (socio-historical context; nature of the message: legal, theological, ethical; contextual or universal message; relationship of the message to the overall message of the Qur’an; first recipients understanding of the text)

Stage IV: Meaning for the present (determination of current problems and needs; exploration of present context that is relevant to the text; exploration of values and norms in the text; similarities and differences between present and socio-historical context; meaning from first recipients to the present; universal or specific message)

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Contemporary Muslim ScholarsAbdullah Saeed: Human rights

Many of the human rights can be supported by the texts of Islam

New rights can be created

Problematic provisions can be abrogated

Freedom of religion is a fundamental principle of Islam; death penalty for apostasy violates this principle

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Contemporary Muslim ScholarsAbdullah Saeed: Extracts I„The neglect of the historical and social context in which these ethico- legal texts were revealed was a neat and easy way to provide textual 'proof' or 'evidence' for specific rulings that were arrived at in fiqh. In fact, the developing of law on the basis of textual evidence was so dominant in the formative period of Islamic law that it was considered untouchable. The purpose was to give the impression that the laws being developed were directly based on the texts of the Qur'an and the traditions of the Prophet. The result of this thinking was that, even if there were no clear texts in the Qur'an or the tradition, texts only distantly related to a ruling were used as supporting evidence for a law. In relation to the ethico-legal texts of the Qur'an, this approach remained an important part of the Muslim exegetical and legal tradition. Considerable difficulties arise, however, when we have to deal with the ethico-legal texts of the Quran to solve problems that are new and specific to the modern era we find the approach of both the classical tafsir and fiqh inadequate. Scholars must therefore ask: 'Can a new framework be developed instead?' One answer, admittedly an extreme one, is that we do not need to look at so-called 'modern' problems as the answers arrived at in the pre-modern period can be applied just as weIl. A second, and equally extreme answer, is that we should discard the inheritance of the past, ignore difficult texts in the Quran and the sunnah, and somehow develop what we think is appropriate for our own time. This answer divorces the Quranic text from contemporary life. The third answer lies somewhere between and argues that we need to maintain a strong relationship between the solutions we are seeking and the Quranic text. It is this third answer that I think is most relevant to the question of Quranic values and ethico-legal matters. If we are to deal with contemporary issues, such as human rights, women's rights, how a society should be governed, the relationship of Muslims to non-Muslims and the questions of jihad and war, there has to be a new way of approaching, interpreting and understanding the Quran. It is taking into account this issue that I propose the following model für the interpretation of the ethico-legal texts of the Quran.“ (2006),

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Contemporary Muslim ScholarsAbdullah Saeed: Extracts II„In line with the ideas advocated by Rahrnan and other Contextualists, I argue that the interpretation of the ethico-legal content of the Quran needs to take social change into account in order to sustain the close relationship between the Quran and the Muslim today. The Quranic interpretation up to now, which has been to a large extent philological, needs to give way to a more sociological, axiological and anthropological exegesis in order to relate it to the contemporary needs of Muslims today. However, a search für acceptable methods in the modern period should not neglect the classical Islamic exegetical tradition entirely. On the contrary, we should benefit from the tradition and be guided by it where possible without necessarily being bound by all its detail. Contemporary scholars must be informed about the ways in which the texts have been interpreted throughout history. That understanding can be helpfrul in our formulation of new interpretations in the light of new circumstances and challenges.“„Over the past 1,400 years, many layers have been built up over the Quränic text and over rulings presumably developed in the name of the Qurän itself. Today, when Muslims talk about 'Islamic law', they refer primarily to fiqh. Rarely do they see the need to go back and examine the actual text of the Qurän. More importantly, the Qurän is read in line with the decisions and rulings that were arrived at in classical fiqh, not the other way around. If we follow that way of interpreting the ethico-legal texts of the Qurän, we will make little headway in relating the concerns and problems of today to the guidance available in the Quränic text. Mediating the guidance through fiqh, through juristic rulings, puts an unnecessary constraint on the Muslim of the twenty-first century in finding a closer connection between the Qurän and his or her own existence and reality. This is where a new way of looking at the text becomes important.“ (2006)

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Contemporary Muslim ScholarsAbdullah Saeed: Extracts III„This ban on "Ieaving Islam" was enforced through the law of apostasy. That law developed as a result of specific socio-political contexts in which Muslims Iived at the time. These contexts determined how Musljm jurjsts read the relevant texts in the Qur'an and the traditions of the prophet and how they justified their arguments. But, in the modem era, Muslims are once more debating the jssue of freedom of belief. Some Muslims are sayjng „we must go back to the Qur'anic conception of absolute freedom of belief.“ They argue that freedom of belief is an essential part of being human and should be a fundamental human right. Other Muslims of course object to this position arguing that a Muslim may not change his or her religion and Muslims must maintain the classical legal position on apostasy. But many - scholars and members of the laity alike - are movjng to the Qur'anic conception of absolute freedom of belief, rejectjng the classical legal posjtion. Thjs in large part has a lot to do with the changed understandings of what is important to us in the area of freedom of religjon as weil as changed socio-political context of today. In discussing the promotion of a culture of human rights in the Muslim context, jt is important to recognize and highlight that many of the rights we emphasise today could be supported by the foundation texts of Islam. Where certain fundamental rights conflict with established interpretations of these texts, there are resources within the Islamic tradition to deal with such conflicts and arrive at interpretations that are in line with our contemporary concems and needs. New rights could be created and supported by the tradition; similarly problematic areas could be set aside, when needed. In doing so, we have to 'contextualize' the rights debate within the religious community using the terminology and the language of the religious tradition. If we do that, there is a better chance of the rights debate being accepted within the broader community of Muslims.“ (2006)

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