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Private Muftis in a Postcolonial State : = A Study of Legal Reasoning Among Deobandi Ḥanafis in Contemporary Pakistan.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Private Muftis in a Postcolonial State :/
Reminder of title:	A Study of Legal Reasoning Among Deobandi Ḥanafis in Contemporary Pakistan.
Author:	Bashir, Aamir
Description:	1 online resource (422 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 84-03, Section: A.
Contained By:	Dissertations Abstracts International84-03A.
Subject:	Islamic studies. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=29068063click for full text (PQDT)
ISBN:	9798841793878

Private Muftis in a Postcolonial State : = A Study of Legal Reasoning Among Deobandi Ḥanafis in Contemporary Pakistan.
Bashir, Aamir

Private Muftis in a Postcolonial State :A Study of Legal Reasoning Among Deobandi Ḥanafis in Contemporary Pakistan. - 1 online resource (422 pages)

Source: Dissertations Abstracts International, Volume: 84-03, Section: A.

Thesis (Ph.D.)--The University of Chicago, 2022.

Includes bibliographical references

Broadly speaking, this dissertation examines how traditionally trained Muslim jurists respond to changes brought on by modernity. More specifically, this dissertation focuses on a group of traditionally trained jurists (Ḥanafis) who belong to a social/religious reform movement (Deobandis) that arose in a colonial context (British India) and is currently operating in a postcolonial state (Pakistan). The main case study is a recent, as yet unconcluded, debate among contemporary Pakistani Deobandis regarding the legitimacy or otherwise of Islamic banking. The dissertation uses this case study to answer two sets of questions, one pertaining to flexibility in Islamic law and the other regarding the relationship between legal education and legal reasoning. The dissertation thus has three major parts dealing respectively with Deobandi education, Deobandi economic thought, and the Deobandi approach to fatwa-giving. One of the central arguments of this study is that even a strict taqlid regime (adherence to a single school of law) like the one that Deobandis follow contains within it tools for flexibility as exemplified by Mufti Taqi ʿUsmani's approach to Islamic banking. These tools are the principles governing deviation from the standard opinion (mufta bihi) of the Ḥanafi School such as ḍarura (necessity), ḥaja (need), ʿumum balwa (general affliction), ʿurf (custom), etc. Deploying these tools, however, requires a jurist to exercise his subjective judgement which is what separates Taqi ʿUsmani from his critics. A jurist's subjective judgment on any issue is a function of his education, experience, and research. Whereas Deobandi madrasas provide excellent training in Islamic sciences, the average Deobandi graduate suffers from weaknesses in the other two areas, i.e., limited exposure to the world and reliance on anecdotal research as opposed to social scientific research. This is a consequence of the heavier focus on transmission of knowledge in Deobandi madrasas as opposed to production of new knowledge. Moreover, these madrasas developed a religious vs. worldly knowledge binary during the colonial period that persists to this day. The result is an educational system that is not designed to produce intellectuals. Part of the reason why Deobandi approach to knowledge and education has been slow to change is the extremely important role senior scholars, called akabir or elders, play in the movement. More than the ʿulama as a whole, it is these akabir who are the custodians of change among Deobandis, and they have yet to practically embrace the idea of integration of medieval and modern knowledge.As a result, Deobandis as a group have still not fully understood the modern condition especially in so far as some areas of fiqh such as economics and finance overlap with national-level legislation or policymaking and thus require one to engage in system-level thinking as opposed to piecemeal fatwas. Although Taqi ʿUsmani is more cognizant of this need than his critics, he is the exception that proves the rule. Consequently, not only is there a disconnect between the critics' arguments against Islamic banking and their other fatwas on economic and financial matters, Deobandis' overall approach to education and fatwa-giving also handicaps them in their self-assigned mission to implement Islam in Pakistan as a comprehensive way of life.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2023

Mode of access: World Wide Web

ISBN: 9798841793878Subjects--Topical Terms:

1082939
Islamic studies.
Subjects--Index Terms:

DeobandIndex Terms--Genre/Form:

542853
Electronic books.

Private Muftis in a Postcolonial State : = A Study of Legal Reasoning Among Deobandi Ḥanafis in Contemporary Pakistan.
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