Όλες οι κατηγορίες:

Φανή Πεταλίδου
Ιδρύτρια της Πρωινής
΄Έτος Ίδρυσης 1977
ΑρχικήEnglishThe Anthropology of Islamic Law

The Anthropology of Islamic Law

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A book by Aria Nakissa

Reviewed by Cynthia Farahat

The Anthropology of Islamic Disinformation

In The Anthropology of Islamic Law, Nakissa, assistant professor of Islamic studies and anthropology at Washington University, St. Louis, claims to use hermeneutic and practice theories to analyze the cultural, legal, and religious traditions of Islamic law. He focuses on higher Islamic learning in contemporary Egypt, drawing on more than two years of fieldwork at al-Azhar University, Cairo University’s Dar al-Ulum, and a network of traditional study circles associated with the al-Azhar mosque.

Nakissa explains that both hermeneutic and practice theories are concerned with the relationship between action and mind. Hermeneutic theory hypothesizes that actions reveal the mind, and practice theory posits that repeated action (i.e., practice) alters the mind. Nakissa then claims he gave “special attention to terms that have near or exact Arabic equivalents, and which are important to Islamic tradition,” such as mind (qalb), action (fi’l or amal), mental attribute (sifa al-qalb or wasf al-qalb), and disposition (malaka or khuluq). Nakissa proceeds to mistranslate one of these words, and this mistake, whether intentional or accidental, allows him to misrepresent Islamic law.

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Qalb means heart in Arabic, not mind. This difference has significant theological implications. In his third chapter, Nakissa claims, “Qalb is sometimes translated as ‘heart,’ but this is misleading.” Actually, qalb is consistently translated as heart, and it is almost never translated as mind. By mistranslating qalb, Nakissa builds a significant portion of his arguments on incorrect definitions of the Islamic theological terms, sifa al-qalb or wasf al-qalb, which should be translated as attributes of heart or description of the heart.

The great Sunni theologian Abu Hamid al-Ghazali (1058-1111) was among the earliest theologians to use the term attributes of the heart. He writes,

the heart is the utility which allows readiness to [accept] knowledge; the heart knows God. It gets closer to God; it works for God; it seeks God; it foresees what is godly. But [other] organs are for services and utilities employed by the heart, which uses [it] as a master uses a slave, or as a shepherd uses a flock, or a manufacturer uses an instrument.[1]

This understanding of the heart is not only about its biological function as it was also believed to be a cognitive tool for the transfer of religious knowledge. The terms ifa al-aql or wasf al-aql should be correctly translated as attributes of the mind or mental attributes. This term is also present in Islamic theology and was used by early Shiite theologians and the Mu’tazila sect (as well as its current iteration, the Neo-Mutazila). They have two very different definitions, neither present in The Anthropology of Islamic Law. This omission is significant.

Nakissa incorrectly defines the mental attributes of God as “(1) the Quran, (2) the reported obedient actions of the Prophet Muhammad (Sunna), (3) the reported obedient actions of religious scholars from the past, and (4) the observed obedient actions of the present-day religious scholars.” In his account, these four characteristics can be seen as a system of signs from which Muslims acquire knowledge of God’s mental attributes (i.e., knowledge of Shari’a rules).

Nakissa here switches the definition of Sunni Islam with the term mental attributes.
This is a blatant attempt to hijack an important tenet of the Neo-Mu’tazila sect, which is emerging in the Middle East to counter the brutality of Sunni jihadist ideology. The Neo-Mutazila definition of godly mental attributes relies on man’s empathetic cognitive understanding of justice. According to the Neo-Mu’tazila, “justice is the most important mental attribute of God. Justice as a quality is associated with cognition, and it is the means by which man connects with God.”[2] This definition is vastly different from what Nakissa proposes.

Nakissa also lays out ideas publicized by Muslim Brotherhood operatives but fails to mention their affiliations with that violent group. For example, he mentions Moroccan Brotherhood leader Ahmad ar-Raysuni, describing him as a “contemporary Moroccan Muslim legal scholar,” and “an influential global figure.” Nakissa omits that Raysuni is a prominent member of the Muslim Brotherhood and was designated a terrorist by the United Arab Emirates.[7]

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These are only a few examples of many in Nakissa’s book. The pattern may be explained by Nakissa’s affiliations. He is actively involved with the Qatari-based, Muslim Brotherhood-run think tank, the Research Center for Islamic Legislation and

Ethics (CILE).[8] Headed by the convicted Egyptian terrorist Emad ad-Din Shahin, it frequently hosts Islamists such as Tariq Ramadan[9] as well as Qaradawi[10] and Raysuni.[11] CILE was founded in 2013, and according to its website, the organization’s first event was attended by Osama bin Laden’s friend Hassan at-Turabi, Qaradawi, and Islamism apologist John Esposito.[12]

Nakissa’s book is a propagandistic attempt to apply Western practice and hermeneutic theories to justify cultist and irrational aspects of Islamism. The Anthropology of Islamic Law wastes a good title in pursuit of a disorganized, Islamist disinformation effort riddled with inaccuracies, falsehoods, and omissions.

Cynthia Farahat, a Middle East Forum Writing Fellow and columnist for al-Maqal and al-Dustur newspapers, is currently at work on a book about the Muslim Brotherhood.


[1] Abu Hamid al-Ghazali,Ihya Ulum ad-Din(Beirut: Dar Ibn Hazm, 2005) pp. 876-7.

[2] Sayyed al-Qimni, “Qalil min al-Falsafa yuslih al-Akl,” al-Hiwar (London), Dec. 25, 2015.

[3] Cynthia Farahat, “Is Al-Azhar University a Global Security Threat?” American Thinker, Aug. 23, 2017.

[4] Al-Arabiya (Dubai), Apr. 22, 2015.

[5] El-Youm el-Sabee (Cairo), Nov. 26, 2014.

[6] “The Qaradawi Fatwas,” Middle East Quarterly, Summer 2004, pp. 78-80.

[7] Al-Bayan (Dubai), Nov. 5, 2018.

[8] “Internal Closed Seminar: Islamic Ethics: State-of-the-Art and Future Directions,” The Research Center for Islamic Legislation and Ethics (CILE), Qatar, Sept. 9, 2019; “What is Islamic Ethics and what is it for?” CILE, Oct. 1, 2019.

[9] “CILE 2ndAnnual International Conference,” CILE, Dec. 11, 2014.

[10] Ibid.

[11] “Quran and Ethics Conference,” CILE, Feb. 8, 2015.

[12] Ibid.

New York: Oxford University Press, 2019. 324 pp. $72.68.

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