Articles

The Fiqh of Fasting

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The Arabic words siyâm and sawm literally mean ‘abstention’ and as such any avoidance even of speech may be called sawm. An example of this comes in sûrah Maryam, verse 26: “I have taken an oath to perform sawm… and as such I will not speak to any human today.” Legally however it means: “for a specific person [the mukallaf who intends it] to abstain from specific matters [the three nullifiers] for a specific period [from true dawn until sundown].”

The Eid Conflict

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Muslims in the Western Cape are divided into two parties regarding the celebration of the two Eids. Some celebrate according to local sighting while others follow Saudi Arabian sighting. While this issue has been examined from various angles none have resolved the differences. What is the way forward for concerned Muslims?

Shīʿism in South Africa – A Sunnī Perspective

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In a world that is becoming increasingly hostile towards Islam and Muslims, the need for solidarity amongst Muslims has become acutely pronounced. It would be logical to expect from advocates of such solidarity that they do not actively engage in or support activities that might prove disastrous to Muslim unity, and that they would by no means allow such activities to exist. What, then, are the implications of unabated Shi‘i missionary activity in Sunni societies, with the full support—by deed or by acquiescence—of the Iranian government?

The Root of Sunnī-Shīʿī Differences in Fiqh

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Protagonists of Sunnī-Shīʿī unity claim that the differences between Shīʿah and Sunnī are no different than the differences between the four Sunnī schools of jurisprudence and thus should be treated with the same tolerance and acceptance as Ḥanafī-Shāfi‘ī differences. In this article, the fundamental differences between Shīʿah and Sunnī are examined, and the obtuseness of such claims made apparent.

Open Temple – An attempt by Taj Hargey to attack traditional Islam in the guise of liberalism and pluralism

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This paper is an academic attempt to shed light on recent events initiated and publicised by Taj Hargey and his Open Mosque. I will explore what the said Open Mosque is about and who its founder Taj Hargey is. The recent publicly held radio interviews and internet material has sparked debate in the public and this paper will explore why. Lastly the public has been calling for a response by the scholars to these events and a solution to address their concerns and this will also be attempted.

The Ijārah Contract

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Ijārah, often translated as hiring or leasing, in Islamic mercantile law refers to the sale of the usufruct of corporeal entities or living beings, both man and animal, for an agreed upon period, in exchange for a known remuneration.

The Pretensions of Postmodernism and the Hadīth of Ummu Waraqah

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The appropriation of the hadith of Umm Waraqah as proof for the permissibility and validity of a woman’s leading salah in Amina Wadud’s recent episode in New York throws up some interesting considerations. Responses have varied. There has been the tendency to question the authenticity of the hadith; another approach looks at the applicability of the hadith to the case in question; while a third approach surveys the views and opinions of the scholars of Islam. While none of these approaches lacks individual merit, it should not be lost to the observer that there is another side to the issue; a side that none of us can afford to lose sight of in the present global climate. The present paper seeks to touch upon each of these various approaches, whilst not omitting to set the issue within the framework of contemporary affairs.

The Muḍarabah Contract – Silent Partnership the Islamic Way

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Muslims believe that Islam is suitable for all times and circumstances. This belief is sanctioned by copious textual evidences from the Holy Qur‘ān as well as a number of traditions of the Prophet, upon him peace and blessings. Furthermore, the success of Islam as a practical way of life, especially apparent in its formative years, has further strengthened this belief.

An allegation against Imam as-Subki

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The charge leveled against Imâm Taqiyy ad-Dîn as-Subkî is that despite possessing all the requirements for ijtihâd, he did not perform ijtihâd, and preferred to remain within the bounds of his madhhab, since the adoption of independent ijtihâd would preclude him from rising to positions which were reserved for fuqahâ of the madhâhib.

Challenges from Sasol’s Inzalo Share Initiative

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Sasol’s recent share offering has challenged our assumptions on more than one level. In what follows an attempt is made not to simply formulate an opinion on the permissibility of the shares on offer in the Inzalo initiative, but to place this issue within a wider framework where ways are explored in which this one issue becomes a means to generate a keener sense of responsibility on the part of both laymen and ‘ulamā. It would be appropriate, however, to begin with a brief description of the offering.