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Coercion and Responsibility in Islam
A Study in Ethics and Law. Oxford Islamic Legal Studies
By (author)
Mairaj U. Syed
Genres:
Islamic theology, Jurisprudence & philosophy of law, Comparative law, Legal history, Islamic law, Ethics & moral philosophy
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Synopsis
In Coercion and Responsibility in Islam, Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts;
and its effects on moral and legal responsibility in the cases of rape and murder.
Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry,
especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems. New & Used
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What Reviewers Are Saying
Mairaj Syed's book provides a highly readable introduction into how a group of Muslim theologians and jurists understood coercion as a theological, ethical and legal problem. * Prof. Mohammad Fadel, Marginalia Review of Books * Coercion and Responsibility in Islam is a worthwhile read for those interested in Islamic jurisprudence in this difficult area of the law. * Christopher Grout, Ecclesiastical Law Journal * Mairaj Syed's important work traces accounts of coercion and responsibility in several of the most important Muslim theological and juridical schools. That contribution is impressive enough. Syed ranges more widely, however, proposing that we explain certain features of these differing accounts by way of the factors he calls "constraint" and "contingency". In addition, Syed opens the door for comparison between Muslim and Anglo-American approaches to his subject. He
thus makes contributions to the comparative study of law and ethics, as well as to the history of Muslim tradition. This is a very fine piece of work. * John Kelsay, Florida State University, USA * Lucid, erudite and highly original, Syed's book analyses an important, yet hitherto understudied, concept central to the ethical reasoning of classical Islamic thought. It makes a valuable contribution to bridging the divide between the study of jurisprudence and the study of theology, and should be read by those interested in either field. * Ayman Shihadeh, SOAS, University of London *
thus makes contribution