We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists a... more We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists apply when deliberating on bioethical issues. We present a typology of these methodological elements, giving particular attention to the meta-ethical techniques and devices that traditional Islamic ethicists employ in the absence of decisive or univocal authoritative texts or in the absence of established transmitted cases. In describing how traditional Islamic ethicists work, we demonstrate that these experts possess a variety of discursive tools. We find that the ethical responsa—i.e., the products of the application of the tools that we describe—are generally characterized by internal consistency. We also conclude that Islamic ethical reasoning on bioethical issues, while clearly scripture-based, is also characterized by strong consequentialist elements and possesses clear principles-based characteristics. The paper contributes to the study of bioethics by familiarizing non-specialists in Islamic ethics with the role, scope, and applicability of key Islamic ethical concepts, such as “aims” (maqāṣid), “universals” (kulliyyāt), “interest” (maṣlaḥa), “maxims” (qawā`id), “controls” (ḍawābit), “differentiators” (furūq), “preponderization” (tarjīḥ), and “extension” (tafrī`).
All rights reserved. No part of this book may be reproduced or distributed in any manner without ... more All rights reserved. No part of this book may be reproduced or distributed in any manner without the express written consent of the Tabah Foundation, except in the case of brief quotations with full and accurate citations in critical articles or reviews.
The present exploratory study examines the confidence Sunni Muslims place in the validity of cont... more The present exploratory study examines the confidence Sunni Muslims place in the validity of contemporary fatwas communicated through a variety of communication scenarios. It recommends that newspapers and others reporting on fatwas change their focus in the types of legal opinions they choose to communicate.
Rapid economic growth in the United Arab Emirates (UAE) has impacted traditional ways of life roo... more Rapid economic growth in the United Arab Emirates (UAE) has impacted traditional ways of life rooted in Bedouin traditions and Islamic values. Research undertaken within the UAE suggests that a thin body-image ideal is widespread, as are abnormal eating attitudes and extreme dietary behaviours. However, this regional research has been exclusively cross-sectional, precluding conclusions about the temporal dynamics or nascence of these phenomena. This study explores changes in physical appearance preferences in the UAE over the past two decades. Interviews were undertaken with five khatabaat (marriage brokers), who were asked to report the attributes typically requested by those seeking wives, both now, and in the past. Thematic analysis of these data highlighted differences between the attributes currently deemed desirable, and those deemed desirable in the recent past. These findings are discussed in the context of the nation’s rapid socio-economic change, and their implications for body-image and eating- related problems.
We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists a... more We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists apply when deliberating on bioethical issues. We present a typology of these methodological elements, giving particular attention to the meta-ethical techniques and devices that traditional Islamic ethicists employ in the absence of decisive or univocal authoritative texts or in the absence of established transmitted cases. In describing how traditional Islamic ethicists work, we demonstrate that these experts possess a variety of discursive tools. We find that the ethical responsa—i.e., the products of the application of the tools that we describe—are generally characterized by internal consistency. We also conclude that Islamic ethical reasoning on bioethical issues, while clearly scripture-based, is also characterized by strong consequentialist elements and possesses clear principles-based characteristics. The paper contributes to the study of bioethics by familiarizing non-specialists in Islamic ethics with the role, scope, and applicability of key Islamic ethical concepts, such as “aims” (maqāṣid), “universals” (kulliyyāt), “interest” (maṣlaḥa), “maxims” (qawā`id), “controls” (ḍawābit), “differentiators” (furūq), “preponderization” (tarjīḥ), and “extension” (tafrī`).
Dire Necessity and Transformation: Entry-points for Modern Science in Islamic Bioethical Assessment of Porcine Products in Vaccines
The field of medicine provides an important window through which to examine the encounters betwee... more The field of medicine provides an important window through which to examine the encounters between religion and science, and between modernity and tradition. While both religion and science consider health to be a ‘good’ that is to be preserved, and promoted, religious and science-based teachings may differ in their conception of what constitutes good health, and how that health is to be achieved.
This paper analyzes the way the Islamic ethico-legal tradition assesses the permissibility of using vaccines that contain porcine-derived components by referencing opinions of several Islamic authorities. In the Islamic ethico-legal tradition controversy surrounds the use of proteins from an animal (pig) that is considered to be impure by Islamic law. As we discuss the Islamic ethico-legal constructs used to argue for or against the use of porcine-based vaccines we will call attention to areas where modern medical data may make the arguments more precise. By highlighting areas where science can buttress and clarify the ethico-legal arguments we hope to spur an enhanced applied Islamic bioethics discourse where religious scholars and medical experts use modern science in a way that remains faithful to the epistemology of Islamic ethics to clarify what Islam requires of Muslim patients and healthcare workers.
Actions of an earlier generation affect whether later generations will exist at all as well as th... more Actions of an earlier generation affect whether later generations will exist at all as well as the quality and type of life they will have. Discussions concerning the obligations earlier generations owe later generations have proven to be useful when thinking about the environment, economics, sustainability, and other issues.
Western thinking about obligations to future generations has become very sophisticated since the 1970s. Western ethicists consider it a litmus test for evaluating ethical theories, and expect it to be a main recurring theme in the new century. The Shari‘ah already provides the fundamentals for thinking about obligations to future generations. These basic fundamentals are not developed enough to shed light on these issues within the Muslim Community, let alone compete in the open market of ideas. Shari‘ah experts will need to develop these fundamentals before a Shari‘ah-informed conception of obligations to future generations can be offered.
Muslims often consult a legal expert (a mufti) concerning legal issues and to mediate intra-perso... more Muslims often consult a legal expert (a mufti) concerning legal issues and to mediate intra-personal situations. A consultation with a mufti follows a process which includes conception, adaption, evaluation, and, finally, the response. While reviewing fatwas for errors, the author observed that many of the errors encountered could be explained as errors resulting from rules of thumb employed to facilitate information processing and decision making – that is: decision biases resulting from employing heuristics.
This brief introduces the fatwa process, as well as decision-making heuristics and biases. It then presents an analysis of how biases come into play during the fatwa-delivery process. It concludes that there is a need to better understand decision-making heuristics and biases, and the negative impact of relying upon heuristics in Islamic disciplines. It also recommends that muftis be informed of decision-making biases, and that mufti training programs include decision-making biases in their curriculum so as to improve the quality of the services they provide. It is hoped that examining these errors in this way might help reduce future errors and improve the impact that fatwas have on petitioners’ lives.
Dispute resolution remains a difficult issue for Muslims living in non-Muslim regions. While Musl... more Dispute resolution remains a difficult issue for Muslims living in non-Muslim regions. While Muslims within Muslim regions do usually have access to Shari‘ah-based personal dispute resolution through settlement in court by an appointed judge (qāḍī) whose judgments are binding and enforceable, the absence of such judges in non-Muslim regions leaves Muslims residing in such lands without this option. The problem is augmented by the widespread belief that an Islamic state’s courts are the only acceptable means by which to obtain binding dispute resolution for Muslim litigants. The current state of affairs is particularly harmful to Muslim wives in abusive marriages, since it leaves them no means within the Shari‘ah to rectify their situation.
This Analytic Brief will show that the classical schools of Islamic Law provide other options relevant to the current situation. The first part of this Brief will introduce the various models for personal dispute resolution which are covered in classical Islamic law. The second part of this Brief will then discuss the applicability of each model and present a possible strategy for their application in a manner that respects and is harmonious with both the Shari‘ah and the legal environment of Muslims living in non-Muslim regions. The Brief will close by demonstrating how these models might be applied to the problem of Muslim wives caught in abusive marriages.
An introduction to Linden Lab’s Second Life and virtual worlds, the ethics of virtual worlds, and... more An introduction to Linden Lab’s Second Life and virtual worlds, the ethics of virtual worlds, and an outline of related issues in need of informed Shari‘ah reflection.
This brief paper introduces the subject of Nanotechnology and its ethical implications as an appl... more This brief paper introduces the subject of Nanotechnology and its ethical implications as an applied technology. It goes on to explore and present a blueprint for the theological, legal and ethical issues which Muslim scholars may need to address, as well as a framework through which scholars can determine relevant solutions.
We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists a... more We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists apply when deliberating on bioethical issues. We present a typology of these methodological elements, giving particular attention to the meta-ethical techniques and devices that traditional Islamic ethicists employ in the absence of decisive or univocal authoritative texts or in the absence of established transmitted cases. In describing how traditional Islamic ethicists work, we demonstrate that these experts possess a variety of discursive tools. We find that the ethical responsa—i.e., the products of the application of the tools that we describe—are generally characterized by internal consistency. We also conclude that Islamic ethical reasoning on bioethical issues, while clearly scripture-based, is also characterized by strong consequentialist elements and possesses clear principles-based characteristics. The paper contributes to the study of bioethics by familiarizing non-specialists in Islamic ethics with the role, scope, and applicability of key Islamic ethical concepts, such as “aims” (maqāṣid), “universals” (kulliyyāt), “interest” (maṣlaḥa), “maxims” (qawā`id), “controls” (ḍawābit), “differentiators” (furūq), “preponderization” (tarjīḥ), and “extension” (tafrī`).
All rights reserved. No part of this book may be reproduced or distributed in any manner without ... more All rights reserved. No part of this book may be reproduced or distributed in any manner without the express written consent of the Tabah Foundation, except in the case of brief quotations with full and accurate citations in critical articles or reviews.
The present exploratory study examines the confidence Sunni Muslims place in the validity of cont... more The present exploratory study examines the confidence Sunni Muslims place in the validity of contemporary fatwas communicated through a variety of communication scenarios. It recommends that newspapers and others reporting on fatwas change their focus in the types of legal opinions they choose to communicate.
Rapid economic growth in the United Arab Emirates (UAE) has impacted traditional ways of life roo... more Rapid economic growth in the United Arab Emirates (UAE) has impacted traditional ways of life rooted in Bedouin traditions and Islamic values. Research undertaken within the UAE suggests that a thin body-image ideal is widespread, as are abnormal eating attitudes and extreme dietary behaviours. However, this regional research has been exclusively cross-sectional, precluding conclusions about the temporal dynamics or nascence of these phenomena. This study explores changes in physical appearance preferences in the UAE over the past two decades. Interviews were undertaken with five khatabaat (marriage brokers), who were asked to report the attributes typically requested by those seeking wives, both now, and in the past. Thematic analysis of these data highlighted differences between the attributes currently deemed desirable, and those deemed desirable in the recent past. These findings are discussed in the context of the nation’s rapid socio-economic change, and their implications for body-image and eating- related problems.
We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists a... more We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists apply when deliberating on bioethical issues. We present a typology of these methodological elements, giving particular attention to the meta-ethical techniques and devices that traditional Islamic ethicists employ in the absence of decisive or univocal authoritative texts or in the absence of established transmitted cases. In describing how traditional Islamic ethicists work, we demonstrate that these experts possess a variety of discursive tools. We find that the ethical responsa—i.e., the products of the application of the tools that we describe—are generally characterized by internal consistency. We also conclude that Islamic ethical reasoning on bioethical issues, while clearly scripture-based, is also characterized by strong consequentialist elements and possesses clear principles-based characteristics. The paper contributes to the study of bioethics by familiarizing non-specialists in Islamic ethics with the role, scope, and applicability of key Islamic ethical concepts, such as “aims” (maqāṣid), “universals” (kulliyyāt), “interest” (maṣlaḥa), “maxims” (qawā`id), “controls” (ḍawābit), “differentiators” (furūq), “preponderization” (tarjīḥ), and “extension” (tafrī`).
Dire Necessity and Transformation: Entry-points for Modern Science in Islamic Bioethical Assessment of Porcine Products in Vaccines
The field of medicine provides an important window through which to examine the encounters betwee... more The field of medicine provides an important window through which to examine the encounters between religion and science, and between modernity and tradition. While both religion and science consider health to be a ‘good’ that is to be preserved, and promoted, religious and science-based teachings may differ in their conception of what constitutes good health, and how that health is to be achieved.
This paper analyzes the way the Islamic ethico-legal tradition assesses the permissibility of using vaccines that contain porcine-derived components by referencing opinions of several Islamic authorities. In the Islamic ethico-legal tradition controversy surrounds the use of proteins from an animal (pig) that is considered to be impure by Islamic law. As we discuss the Islamic ethico-legal constructs used to argue for or against the use of porcine-based vaccines we will call attention to areas where modern medical data may make the arguments more precise. By highlighting areas where science can buttress and clarify the ethico-legal arguments we hope to spur an enhanced applied Islamic bioethics discourse where religious scholars and medical experts use modern science in a way that remains faithful to the epistemology of Islamic ethics to clarify what Islam requires of Muslim patients and healthcare workers.
Actions of an earlier generation affect whether later generations will exist at all as well as th... more Actions of an earlier generation affect whether later generations will exist at all as well as the quality and type of life they will have. Discussions concerning the obligations earlier generations owe later generations have proven to be useful when thinking about the environment, economics, sustainability, and other issues.
Western thinking about obligations to future generations has become very sophisticated since the 1970s. Western ethicists consider it a litmus test for evaluating ethical theories, and expect it to be a main recurring theme in the new century. The Shari‘ah already provides the fundamentals for thinking about obligations to future generations. These basic fundamentals are not developed enough to shed light on these issues within the Muslim Community, let alone compete in the open market of ideas. Shari‘ah experts will need to develop these fundamentals before a Shari‘ah-informed conception of obligations to future generations can be offered.
Muslims often consult a legal expert (a mufti) concerning legal issues and to mediate intra-perso... more Muslims often consult a legal expert (a mufti) concerning legal issues and to mediate intra-personal situations. A consultation with a mufti follows a process which includes conception, adaption, evaluation, and, finally, the response. While reviewing fatwas for errors, the author observed that many of the errors encountered could be explained as errors resulting from rules of thumb employed to facilitate information processing and decision making – that is: decision biases resulting from employing heuristics.
This brief introduces the fatwa process, as well as decision-making heuristics and biases. It then presents an analysis of how biases come into play during the fatwa-delivery process. It concludes that there is a need to better understand decision-making heuristics and biases, and the negative impact of relying upon heuristics in Islamic disciplines. It also recommends that muftis be informed of decision-making biases, and that mufti training programs include decision-making biases in their curriculum so as to improve the quality of the services they provide. It is hoped that examining these errors in this way might help reduce future errors and improve the impact that fatwas have on petitioners’ lives.
Dispute resolution remains a difficult issue for Muslims living in non-Muslim regions. While Musl... more Dispute resolution remains a difficult issue for Muslims living in non-Muslim regions. While Muslims within Muslim regions do usually have access to Shari‘ah-based personal dispute resolution through settlement in court by an appointed judge (qāḍī) whose judgments are binding and enforceable, the absence of such judges in non-Muslim regions leaves Muslims residing in such lands without this option. The problem is augmented by the widespread belief that an Islamic state’s courts are the only acceptable means by which to obtain binding dispute resolution for Muslim litigants. The current state of affairs is particularly harmful to Muslim wives in abusive marriages, since it leaves them no means within the Shari‘ah to rectify their situation.
This Analytic Brief will show that the classical schools of Islamic Law provide other options relevant to the current situation. The first part of this Brief will introduce the various models for personal dispute resolution which are covered in classical Islamic law. The second part of this Brief will then discuss the applicability of each model and present a possible strategy for their application in a manner that respects and is harmonious with both the Shari‘ah and the legal environment of Muslims living in non-Muslim regions. The Brief will close by demonstrating how these models might be applied to the problem of Muslim wives caught in abusive marriages.
An introduction to Linden Lab’s Second Life and virtual worlds, the ethics of virtual worlds, and... more An introduction to Linden Lab’s Second Life and virtual worlds, the ethics of virtual worlds, and an outline of related issues in need of informed Shari‘ah reflection.
This brief paper introduces the subject of Nanotechnology and its ethical implications as an appl... more This brief paper introduces the subject of Nanotechnology and its ethical implications as an applied technology. It goes on to explore and present a blueprint for the theological, legal and ethical issues which Muslim scholars may need to address, as well as a framework through which scholars can determine relevant solutions.
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Papers by Musa Furber
This paper analyzes the way the Islamic ethico-legal tradition assesses the permissibility of using vaccines that contain porcine-derived components by referencing opinions of several Islamic authorities. In the Islamic ethico-legal tradition controversy surrounds the use of proteins from an animal (pig) that is considered to be impure by Islamic law. As we discuss the Islamic ethico-legal constructs used to argue for or against the use of porcine-based vaccines we will call attention to areas where modern medical data may make the arguments more precise. By highlighting areas where science can buttress and clarify the ethico-legal arguments we hope to spur an enhanced applied Islamic bioethics discourse where religious scholars and medical experts use modern science in a way that remains faithful to the epistemology of Islamic ethics to clarify what Islam requires of Muslim patients and healthcare workers.
Western thinking about obligations to future generations has become very sophisticated since the 1970s. Western ethicists consider it a litmus test for evaluating ethical theories, and expect it to be a main recurring theme in the new century. The Shari‘ah already provides the fundamentals for thinking about obligations to future generations. These basic fundamentals are not developed enough to shed light on these issues within the Muslim Community, let alone compete in the open market of ideas. Shari‘ah experts will need to develop these fundamentals before a Shari‘ah-informed conception of obligations to future generations can be offered.
This brief introduces the fatwa process, as well as decision-making heuristics and biases. It then presents an analysis of how biases come into play during the fatwa-delivery process. It concludes that there is a need to better understand decision-making heuristics and biases, and the negative impact of relying upon heuristics in Islamic disciplines. It also recommends that muftis be informed of decision-making biases, and that mufti training programs include decision-making biases in their curriculum so as to improve the quality of the services they provide. It is hoped that examining these errors in this way might help reduce future errors and improve the impact that fatwas have on petitioners’ lives.
This Analytic Brief will show that the classical schools of Islamic Law provide other options relevant to the current situation. The first part of this Brief will introduce the various models for personal dispute resolution which are covered in classical Islamic law. The second part of this Brief will then discuss the applicability of each model and present a possible strategy for their application in a manner that respects and is harmonious with both the Shari‘ah and the legal environment of Muslims living in non-Muslim regions. The Brief will close by demonstrating how these models might be applied to the problem of Muslim wives caught in abusive marriages.
This paper analyzes the way the Islamic ethico-legal tradition assesses the permissibility of using vaccines that contain porcine-derived components by referencing opinions of several Islamic authorities. In the Islamic ethico-legal tradition controversy surrounds the use of proteins from an animal (pig) that is considered to be impure by Islamic law. As we discuss the Islamic ethico-legal constructs used to argue for or against the use of porcine-based vaccines we will call attention to areas where modern medical data may make the arguments more precise. By highlighting areas where science can buttress and clarify the ethico-legal arguments we hope to spur an enhanced applied Islamic bioethics discourse where religious scholars and medical experts use modern science in a way that remains faithful to the epistemology of Islamic ethics to clarify what Islam requires of Muslim patients and healthcare workers.
Western thinking about obligations to future generations has become very sophisticated since the 1970s. Western ethicists consider it a litmus test for evaluating ethical theories, and expect it to be a main recurring theme in the new century. The Shari‘ah already provides the fundamentals for thinking about obligations to future generations. These basic fundamentals are not developed enough to shed light on these issues within the Muslim Community, let alone compete in the open market of ideas. Shari‘ah experts will need to develop these fundamentals before a Shari‘ah-informed conception of obligations to future generations can be offered.
This brief introduces the fatwa process, as well as decision-making heuristics and biases. It then presents an analysis of how biases come into play during the fatwa-delivery process. It concludes that there is a need to better understand decision-making heuristics and biases, and the negative impact of relying upon heuristics in Islamic disciplines. It also recommends that muftis be informed of decision-making biases, and that mufti training programs include decision-making biases in their curriculum so as to improve the quality of the services they provide. It is hoped that examining these errors in this way might help reduce future errors and improve the impact that fatwas have on petitioners’ lives.
This Analytic Brief will show that the classical schools of Islamic Law provide other options relevant to the current situation. The first part of this Brief will introduce the various models for personal dispute resolution which are covered in classical Islamic law. The second part of this Brief will then discuss the applicability of each model and present a possible strategy for their application in a manner that respects and is harmonious with both the Shari‘ah and the legal environment of Muslims living in non-Muslim regions. The Brief will close by demonstrating how these models might be applied to the problem of Muslim wives caught in abusive marriages.