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Women Voting in Islam

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  • #61
    Re: Women Voting in Islam

    Originally posted by reason12 View Post
    This reminds me of the ruling about how one should pray in countries like Norway where the sun sometimes doesn't set at all.
    What you should know is that the prophet taught us what to do in that situation. Thats the beauty of Islam

    Comment


    • #62
      Re: Women Voting in Islam

      Originally posted by ReallyCurious View Post
      This raises a few issues.
      How does Allah deal with new legislation, like traffic laws, medical research, technology, foreign policy, etc? Who formulates these things if not men? Even ignoring the need for new and ongoing legislation, who interprets and dispenses the original laws? The legislature and judiciary must be appointed by some means. Who appoints these people and where does their power rest? It can only be arrived at by a plebiscite through universal suffrage. Nothing else would make any sense. Surely Allah, in his omniscience, knows this and the democratic system is just part of his predetermined plan.
      Thats why one has to study fiqh and all its related branches.

      Again, Islam has the answer

      However, the saying |legistlation is not in the hands of people ..." might cause some confusion if not explained

      Comment


      • #63
        Re: Women Voting in Islam

        Originally posted by Abukhalidz View Post
        Thats why one has to study fiqh and all its related branches.

        Again, Islam has the answer

        However, the saying |legistlation is not in the hands of people ..." might cause some confusion if not explained
        the idea that you can rule a contemporary State without a legislative body and without elections is very naive

        yes, you can have some sort of "dictatorship by divine right" as in the past, but those forms of government are disappearing fast - and not without reason

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        • #64
          Re: Women Voting in Islam

          Originally posted by Yezid View Post
          the idea that you can rule a contemporary State without a legislative body and without elections is very naive

          yes, you can have some sort of "dictatorship by divine right" as in the past, but those forms of government are disappearing fast - and not without reason
          and thats what fiqh is for

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          • #65
            Re: Women Voting in Islam

            Originally posted by Abukhalidz View Post
            Thats why one has to study fiqh and all its related branches.

            Again, Islam has the answer
            After a few hours reading up on fiqh, it is apparent that it is a man-made system, developed, amended and implemented by men (by definition, it covers what is not covered by the Quran and Hadith). We come back to the same question; who appoints the Faqih and who regulates their actions? It can only be a democracy or dictatorship. Either way, it is subject to the whims of men, not Allah.

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            • #66
              Re: Women Voting in Islam

              Originally posted by Abukhalidz View Post
              and thats what fiqh is for
              Yes, but in practice, fiqh is just another word for the legislature and judiciary. Its purpose and function are the same. The Faqih still have to be appointed by some method and must have some sort of codified authority, otherwise one would have a system with competing codes (as is, in fact, the case historically. I believe there are 6 or 7 at present!)

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              • #67
                Re: Women Voting in Islam

                Originally posted by ReallyCurious View Post
                After a few hours reading up on fiqh, it is apparent that it is a man-made system, developed, amended and implemented by men (by definition, it covers what is not covered by the Quran and Hadith). We come back to the same question; who appoints the Faqih and who regulates their actions? It can only be a democracy or dictatorship. Either way, it is subject to the whims of men, not Allah.
                Fiqh is not something that is not covered by Qur'an and Hadeeth.

                A Faqih isn't an appointment unless you mean a judge or mufti that rules in an 'official' legal capacity.

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                • #68
                  Re: Women Voting in Islam

                  Originally posted by Abukhalidz View Post
                  and thats what fiqh is for
                  fiqh is jurisprudence - this means, a collection of legal opinions which can act as a guideline for judges in administering justice

                  nothing to do with legislating

                  by the way, how are judges selected and designated ?

                  Comment


                  • #69
                    Re: Women Voting in Islam

                    Originally posted by Abu 'Abdullaah View Post
                    Fiqh is not something that is not covered by Qur'an and Hadeeth.

                    A Faqih isn't an appointment unless you mean a judge or mufti that rules in an 'official' legal capacity.
                    My point was that, in response to an earlier comment that all cases of new legislation would be covered by fiqh, then it must be able to work outside the Quran in relation to technological advances or current affairs etc.
                    From where does a faqih, or any other person able to make laws or pass judgements, get his authority? Someone must make these appointments. Where does that person get his authority?
                    Again, it boils down to a choice between authoritarianism or democracy. There is no other way to run a society, and no one would argue that a dictatorship is preferable to democracy. Even for Muslims, a democracy is preferable, unless they just assume that their version of Islam will be the supreme power.

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                    • #70
                      Re: Women Voting in Islam

                      A faqih is only an authority in an 'academic' context. The authority can consult with the fuqaha before making a decision on law or policy. A faqih doesn't have the authority to decide law at state level.

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                      • #71
                        Re: Women Voting in Islam

                        Originally posted by Abu 'Abdullaah View Post
                        A faqih is only an authority in an 'academic' context. The authority can consult with the fuqaha before making a decision on law or policy. A faqih doesn't have the authority to decide law at state level.
                        "rom where does a faqih, or any other person"

                        Comment


                        • #72
                          Re: Women Voting in Islam

                          Judges are usually appointed by the state.

                          However, in civil disputes, two parties can agree on an arbitrator who can be independent from the state.

                          Comment


                          • #73
                            Re: Women Voting in Islam

                            Originally posted by Abu 'Abdullaah View Post
                            Judges are usually appointed by the state..
                            "The State ?"

                            who is "the State" ?

                            Comment


                            • #74
                              Re: Women Voting in Islam

                              Originally posted by Yezid View Post
                              "The State ?"

                              who is "the State" ?
                              Whoever is in power i.e. the government.

                              Comment


                              • #75
                                Re: Women Voting in Islam

                                Originally posted by Abu 'Abdullaah View Post
                                Whoever is in power i.e. the government.
                                how is the "government" designated ?

                                Comment

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