Disability In Islamic Law

The book analyzes attitudes to people with various disabilities based on Muslim jurists’ works in the Middle Ages and the modern era. Very little has been written so far on people with disabilities in a general Islamic context, much less in reference to Islamic law. The main contribution of the book is that it focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them.

This book explores the position of Islamic theology and jurisprudence towards people with disabilities. It seeks to reconcile their existence with the concept of a merciful God, and also looks at how this group might live a dignified and productive life within an Islamic context.

Medieval Arab notions of physical difference can feel singularly arresting for modern audiences. Did you know that blue eyes, baldness, bad breath and boils were all considered bodily 'blights', as were cross eyes, lameness and deafness? What assumptions about bodies influenced this particular vision of physical difference? How did blighted people view their own bodies? Through close analyses of anecdotes, personal letters, (auto)biographies, erotic poetry, non-binding legal opinions, diaristic chronicles and theological tracts, the cultural views and experiences of disability and difference in the medieval Islamic world are brought to life.

This book explores the position of Islamic theology and jurisprudence towards people with disabilities. It investigates how early and modern Muslim scholars tried to reconcile their existence with the concept of a merciful God, and also looks at how people with disabilities might live a dignified and productive life within an Islamic context. In his analysis of Islamic Theology, Ghaly pays attention to how theologians, philosophers and Sufis reflected on the purposes behind the existence of this phenomenon, and how to reconcile the existence of disability with specific divine attributes and an All-Merciful God. Simultaneously exploring the perspective of Muslim jurists, the book focuses on how people with disabilities can lead a dignified life in the financial and non-financial sense, in an extensive analysis of topics such as the human dignity of people with disabilities and the role of Greek physiognomy, their employability, medical treatment, social life with main focus on marriage-related issues, financial life and means of living. Investigating the topic of disability from early and modern Islamic perspectives, the author provides an analysis of Muslim discussions on various bioethical questions. As such, this book will be of great relevance to current heated debates on human rights of people with disabilities, as well as providing a valuable resource for courses on Multicultural bioethics, Islamic theology, Islamic law and medical anthropology.

This book is the first on the history of both physical and mental disabilities in the Middle East and North Africa during Ottoman rule.

The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.

Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability.

This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.

In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.