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There Is No Male Preference In Islamic Law : English translation of "La dhukuriyya fi'l-fiqh" (Shaykh Muhammad Al-Ta'wil)

There Is No Male Preference In Islamic Law : English translation of "La dhukuriyya fi'l-fiqh" (Shaykh Muhammad Al-Ta'wil)

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ISBN: 9780976970880
Author: Shaykh Muhammad Al-Ta'wil; Dr. Abdullah bin Hamid Ali (translator)
Publisher: Lampost Education Initiative (2022)
Pages: 77 Binding: Paperback

Description from the publisher:

Some people have problematized "the male-bias in Islamic Law" claiming to be motivated by the defense of women, their fair treatment, and highlighting the injustice they have encountered because of legislation influenced by patriarchy. It is a false claim whose goal is to undermine the jurists and instill doubt in the law. Accusing Islamic of male-centeredness incites ridicule. And it clearly demonstrates the degree of embarrassment with which it advocates are stricken down and the compounded degrees of ignorance by which they are characterized: an ignorance of the understanding of fiqh, its origin, and the relation of the jurist to it; an ignorance of the applied reality of the fiqh and its judgements; an ignorance of its wisdoms and subtleties.

In this important treatise penned by one of Morocco's great legal scholars of the 20th century, the debate about Islam's purported unequal treatment of women is thoroughly addressed with cogent proofs and arguments. This book is a brilliant and insightful response to Islam's detractors and ammunition for Muslims proud of their faith.

The Lamppost Education Initiative is pleased to present this unique work by one of Morocco's brilliant legal scholars of the 20th century, Dr. Muhammad al-Ta'wil (May Allah have mercy on him).

The debate about Islam's purported unequal treatment of women is thoroughly addressed with cogent proofs and arguments. This book is an insightful response to Islam's detractors and ammunition for Muslims who are proud of their faith.

This book as been translated by one of Shaykh Muhammad al-Ta'wil's former students, Dr. Abdullah bin Hamid Ali, the Founding Director of the Lamppost Education Initiative.

About the Author --

Shaykh Muhammad Al-Ta'wil1353-1436 AH

He is Muhammad ibn Muhammad ibn Qasim ibn Hasain At-Tawil Al-Maghribi Al-Maliki.

Birth and early life

The Imam was born in the year in the city of `Ein Baridah in the land of Morocco to a modest family. His first teacher was his father, Imam Muhammad ibn Qasim, who was a great Imam in the sciences of recitation of the Qur'an and other fields in the Revealed Law.

Imam Muhammad At-Tawil memorised the Qur'an while still a young boy and went on to study with another great scholar by the name of Shaikh Muhammad Al-`Arabi Al-Masari. The Imam learned from this teacher Al-Ajurumiyyah and the commentary Alfiyyah in Arabic grammar. In fiqh, the Imam concentrated on Al-Murshid ul-Mu`in, Al-Mukhtasar and At-Tuhfah.

Upon completion of these he focused his attention to inheritance and other sciences. Allah brought him success when Imam at-Tawil enrolled into the oldest university of Muslim Orthodoxy, Al-Qarawiyyin.

He next came into contact with Shaikhs Abu Bakr Jasus, Muhammad al-`Imrani Az-Zarhuni and `Abdul Karim Ad-Dawudi and studied fiqh with them and other affairs while in the area of commentary he studied with Shaikh Al-`Arabi Ash-Shami. He began his hadith studies under Shaikh `Abdul `Aziz Bil-Khait while in grammar he was tutored by Shaikh `Abdul Hadi Al-Ya`qubi Bakhubza.

Shaikh Habib al-Mahaji was his teacher in Usul ul-Fiqh and in logic and creed he was taught by Shaikh Ibn `Abdul Qadir Al-Baqali. He continued to study and completed his work in rhetoric, speech and history under Shaikhs Muhammad Al-`Imrani and `Abdul Karim Al-`Iraqi and Al-Faqih Al-Ghamri, respectively.

Knowledge and Notable Rulings

The Imam is the marja` of the land, head preacher and teacher for the Moroccans as well as North Africa. His forceful stance on issues immediately surrounding the Revealed Law has made him a hero and champion to all who love knowledge and the truth.

He categorically demonstrated that the benefits taken from banks and also the mortgages (whether they are claimed as Islamic or not) were impermissible and cannot be claimed as emergency or necessity for Muslims living in the lands of Kufr. [Source: Wa Akhiran Waqa`at il-Waqi`ah wa Abih ir-Riba: Al-Fawa'id al-Bankiyyah, pp. 34-45]

No secular court has the power to dissolve a marriage or declare one valid but rather only the maraji` can effect a faskh or dissolving. [Source: This was beautifully dealt with in his text, Shadharat udh-Dhahab: Fima Jadda fi Qaday an-Nikahi wat-Talaqi an-Nasab]

DNA tests are not definitive proof for establishing maternity or paternity unless weighed with other factors as well.[Source: Mawqaf ush-Shari`at il-Islamiyyati Man I`timad al-Khabarat at-Tibbiyyata wal-Basamat al-Warithiyyata fi Ithbat in-Nasabi wa Nafiyahu]

A Muslim woman according to Consensus is not allowed to marry any man that is not a Muslim; but there have of late been “love doctors” at work not only in the Muslim world but even among “spokesmen for Muslims in the West” who have distorted verses and made it seem as if there was a “gentleman's disagreement” on the topic.

This Imam categorically shows the proof, history, evidence and continuous examples of Consensus on the topic. [Source: Shadharat udh-Dhahab: Fima Jadda fi Qaday an-Nikahi wat-Talaqi an-Nasab, pp. 81-123]

As the teacher of Fiqh and Usul from the University of Al-Qarawiyyin, the Imam has showed great courage in tackling some of the most thorny and controversial issues of this current time. After years of service and teaching, he died at the time of `Asr prayer on Monday 16 Jumada Al-Akhirah in the year 1436 AH. And may Allah reward him and give him the highest rewards of the Paradise.

About the Translator --

Dr. Abdullah bin Hamid Ali

He holds a Ph.D. in Cultural and Historical Studies in Religion (2016) and an M.A. in Ethics and Social Theory (2012) from the Graduate Theological Union. He obtained his B.A. (ijaza ‘ulya) in Islamic Law (Shariah) from the prestigious Al-Qarawiyin University of Fes, Morocco in 2001. He served as full time Islamic chaplain at the State Correctional Institute of Chester, PA from 2002-2007, and is the founding director of the Lamppost Education Initiative. He currently serves as an Associate Professor of Islamic law and Prophetic Tradition at Zaytuna College in Berkeley, California. His research interests include the interconnection between law and identity formation, comparative Islamic law, and Islam's role in the modern world.


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