ISSN 2633-6626

Manchester Journal
of
Transnational Islamic Law & Practice

MJTILP

Volume 19
Issue 2
2023

Electronicpublcations.org Ltd
 Manchester Journal of Transnational Islamic Law & Practice
About
The Manchester Journal of Transnational Islamic Law & Practice (formerly the Journal of
Islamic State Practices in International Law) was founded in 2005. The Journal is independent
of any State, school of fiqh or institutional affiliation and has a diverse and global editorial
board. It is indexed on Scopus and available both in electronic and printed forms.

Aims of the Journal

The principal objectives of the Manchester Journal of Transnational Islamic Law & Practice
(MJTILP) are to provide a vehicle for the consideration of transnational forms of Islamic law
and practice. Transnationalism in Islamic law is taken broadly as communications and
interactions linking Islamic thoughts, ideas, people, practices and institutions across nation-
States and around the globe. In recent times, research in Islamic law has shaped narratives
based on nation-States, demographics, diasporic communities, and ethnic origins instead of
developing around a central core. Contemporary issues of Islamic law are increasingly linked
to geographical locations and ethnic or parochial forms of religious beliefs and practices.
Expressions like American, European, British, Asian, and Arab Islam have widely gained
acceptance.
Despite the growing importance of dialogue to develop shared understandings of issues facing
Islamic law and proposing coordinated solutions, the contemporary research and scholarship
has not developed harmoniously and remains piecemeal and sporadic. Researchers and
practitioners of Islamic law are drawn from a wide variety of subjects and come from various
regions of the world but have insufficient institutional support for sharing information and
comparing experiences. Innovation in various strands and paradigms of Islamic law and
practice is stifled because there are limited spaces where evolutionary, collaborative and
interdisciplinary discourses can take place. This in turn hampers the ability to build on past
research and record best practices, negatively impacting a consistent and orderly development
of the field. There is a need to constitute a world community of Islamic law scholars based on
interactions and aspirations moving across linguistic, ethnic, geographical and political
borders.
The MJTILP is inspired by the need to fill these gaps. It provides a platform to legal and
interdisciplinary scholars and researchers for critical and constructive commentaries,
engagements, and interactions on Islamic law and practice that are built upon configurations in
contemporary contexts. It welcomes contributions that look comparatively at Islamic law and
practice that apprise and inspire knowledge across national boundaries whether enforced by a
State or voluntarily practiced by worldwide Muslim communities. We are equally interested in
scholarships on encapsulated cultural worlds, diaspora, identity and citizenship that are
embedded and circumscribed by religious ties. As it has been the practice of the journal since
its establishment in 2005, it also has a specific interest in issues relating to the practice of
Muslim States in international law, international law issues that may concern Muslim countries,
and all aspects of law and practice affecting Muslims globally.
Printed and bound by Antony Rowe Ltd. Eastbourne UK
ElectronicPublications.Org

Volume 19, Issue 2 (ii) 2023

 Manchester Journal of Transnational Islamic Law & Practice

MJTILP
Volume 19
Issue 2
2023
ISSN 2633-6626

Editor-in-Chief
Dr Ahmad Ghouri, Senior Lecturer in Commercial Law & Director of Internationalisation
University of Sussex, UK.

Deputy Editor-in-Chief

Dr Amna Nazir, Reader in Law & Associate Director Centre for Human Rights, Birmingham
City University, UK.
Dr Fatemeh Sadeghi Givi, Research Associate, Institute for Global Prosperity, University
College London, UK.

Associate Editors

Dr Muneer Abduroaf, Senior Lecturer, University of the Western Cape, South Africa.
Dr Zubair Abbasi, Lecturer, University of Bradford, UK.
Dr Bader Aldosari, Assistant Professor, University of Prince Sattam Bin Abdul Aziz,
Kingdom of Saudi Arabia.
Dr Muhammad Asif Khan, Associate Professor, Department of Law, NUST, Islamabad,
Pakistan.
Dr Ahmed Al-Dawoody, Legal Adviser for Islamic Law and Jurisprudence at the
International Committee of the Red Cross (ICRC).
Dr Ashraf Booley, Senior Lecturer in Law, University of Western Cape, South Africa.
Dr Hossein Esmaeili, Associate Professor, Flinders University, Australia.
Dr Oumama Emad Ali Hamasha, Assistant Professor, University of Jordan.
Dr Mohammad Hedayati-Kakhki, Visiting Professor, Durham University, UK.
Dr Tareq Moqbel, Research Fellow in the Study of Love in Religion, Regent’s Park College,
University of Oxford, United Kingdom.
Dr Eleni Polymenopoulou, Assistant Professor, Hamad Bin Khalifa University, Qatar.
Dr Ayesha Shahid, Assistant Professor, Coventry University, UK.
Dr Adnan Trakic, Associate Professor, Department of Business Law and Taxation, Monash
University Malaysia.
Dr Emine Enise Yakar, Associate Professor, Recep Tayyip Erdoğan University, Turkey.
Dr Abubakri Yekini, Lecturer in Law (Conflict of Laws), University of Manchester, UK.
Dr Ali Shirvani, Assistant Professor, Law School, Northwest University Xian, China.
Dr Haroun Rahimi, Assistant Professor of Law, American University of Afghanistan,
Afghanistan.

Volume 19, Issue 2 (iii) 2023

Dr Salah Al-Ansari, Lecturer in Islamic Studies, Muslim College London, United Kingdom.
Dr Shahnaz, Assistant Professor, School of Law, University of Kashmir.

Assistant Editors

Diana Carina Azoitei, The University of Law, UK.

Afrin Khan, Assistant Professor, Kirit P. Mehta School of Law, NMIMS, India.
Amr Arafa Hasaan, PhD Candidate, The Amsterdam Centre for International Law, University
of Amsterdam, The Netherlands.
Shahzeb Shahid, LLB University of the Punjab, Pakistan.
Muhammad Hassan, LLM, Institute of European Studies, Vrije University Brussels, Belgium.
Shaheer Ahmed, M.A. Arabic and Islamic Studies, Georgetown University, USA.
Dr Aishat Akere, PhD in Molecular Biology, University College London, UK.
Muhammad Hammad Sarwar, LLM, University of Amsterdam, The Netherlands.
Mashair Idris Kheiralla Sirour, PhD in Shariah, University of Khartoum, Sudan.
Dr Beata Polok, Assistant Professor, Dar Al-Hekma University, KSA.

Book Review Editor

Dr Kahlid Bashir, Lecturer, University of Aberdeen, UK.

Recent Developments Editor

Dr Mohamad Janaby, Lecturer in International Law, University of Glasgow, UK.

Editorial Board

Prof Asma Afsaruddin, Indiana University, USA.

Prof Asad Q. Ahmed, University of California, Berkeley, USA.
Imam Qari Asim MBE, Leeds Makkah Masjid and DLA Piper, UK.
Prof Dr Mohd Ma’Sum Billah, King Abdul Aziz University, KSA.
Prof Mohamed Elewa Badar, Northumbria University, UK.
Prof Ilias Bantekas, Hamad Bin Khalifa University, Qatar.
Prof Ann Black, University of Queensland, Australia.
Prof L. Ali Khan, Washburn University, USA.
Prof Bashar H. Malkawi, The University of Arizona, USA.
Prof Nakib Muhammad Nasrullah, University of Dhaka, Bangladesh.
Prof Muhammad Munir, International Islamic University, Islamabad, Pakistan.
Prof A F M Maniruzzaman, Portsmouth Law School, University of Portsmouth, UK.
Prof Jeff Redding, The University of Melbourne, Australia.
Prof Javaid Rehman, Brunel University, UK.
Prof Ihsan Yilmaz, Deakin University, Australia.
Prof Luqman Zakariyah, Federal University of Kashere, Gombe, Nigeria.
Prof Nehaluddin Ahmad, Sultan Sharif Ali Islamic University, Brunei Darussalam.
Faisal Kutty, Associate Professor, Southwestern Law School and Associate Professor of Law
Emeritus, Valparaiso University, USA.

Volume 19, Issue 2 (iv) 2023

 Manchester Journal of Transnational Islamic Law & Practice

Volume 19 2023 Issue 2

Contents

Editorial:

Transnational Forms of Islamic Law

Ahmad Ghouri (Editor-in-Chief) 1

Articles:

Section 4 of Pakistan’s Muslim Family Laws Ordinance, 1961: An Exploration of

Interpretive Tensions
Shahbaz Ahmad Cheema 2

Contextualising Islamic Criminal Law: An Analysis of Al-Azhar Scholars’ Contributions

Salah al-Ansari 20

The Green Islamic Approach on Environmental Sustainability: A Contemporary

Perspective
Yasmine Abdel Moneim 43

Purposive Jurisprudence as Applied by Companions of the Prophet Mohammad

Maher Haswa 69

Halal Meat, Food Fraud, and Consumer Protection: A Comparison of Islamic, European
and Malaysian Perspectives
Nehaluddin Ahmad, Lilly Suzana Binti Haji Shamsu, Muhammad Danish Iqbal Ariffin 80

The Contribution of Zainal Abidin Ahmad in the Discourse on Fiqh Siyasah in Indonesia
Fisher Zulkarnain, Tata Septayuda Purnama, Ahmad Syaeful Rahman, Neng Nur Annisa 99

Analysis of Islamic Criminal Law Perspectives on Domestic Violence in Indonesia

Mahrus Ali, Andi Muliyono 114

Acculturation of Islamic Family Values and Bengkulu Local Traditions in Forming a

Sakinah Family
Supardi Mursalin 123

Legal Dysfunction in Granting Dispensation to Underage Marriages In Indonesia

Sudirman, Siti Umrah, Surahman 137

Volume 19, Issue 2 (v) 2023

Achieving Religious Harmony through Fiqh Wasatiyah
Suwarjin 145

Compulsory Testament: Efforts to Protect and Fulfil the Welfare Rights of Adopted
Children in Indonesia’s Islamic Inheritance System
Zainuddin, Hasbuddin Khalid, Rizki Ramadani 162

Preventing Religious Extremism in Islamic Religious Universities through Fiqh

Wasatiyah
Dri Santoso, Mardatillah, Fajar Apriani, Sukindar, Wahyu Abdul Jafar 176

Book Reviews:

Islam and Biomedical Research Ethics Mehrunisha Suleman, Routledge, London and New
York 2021, 242 pp. ISBN: 9780429200687
Mansur Ali 193

Islam, Liberalism, and Ontology: A Critical Re-evaluation Joseph J. Kaminski, Routledge,

Oxfordshire 2021, xiii + 198 pp. ISBN: 978-0-367-53411-0
Faizan Akbar 196

Text and Interpretation: Imam Jaʿfar al-Sadiq and His Legacy in Islamic Law Hossein
Modarressi Harvard University Press 2022, 457 pp. ISBN: 978-0-674-27189-0
Faizan Kirmani 202

Volume 19, Issue 2 (vi) 2023

Manchester Journal of Transnational Islamic Law & Practice
Volume 19, Issue 2: 202-204, 2023

Text and Interpretation: Imam Jaʿfar al-Sadiq and His Legacy in Islamic Law Hossein
Modarressi Harvard University Press 2022, 457 pp. ISBN: 978-0-674-27189-0

Faizan Kirmani

I. INTRODUCTION

In this book, the author, Hossein Modarressi, examines different aspects of Imam Jaʿfar al-
Sadiq's legacy, which is preserved in thousands of books (p. 2). Modarressi argues that Imam
Jaʿfar al-Sadiq's legacy has had a profound impact on the development of Islamic law,
particularly in the areas of legal interpretation and contracts. Modarressi notes that Imam
Jaʿfar al-Sadiq's legacy has expanded to a degree unmatched by any other legal tradition in
Islam (p. 2).

The author's keen interest in the topic is evident throughout the book. He has a deep
understanding of the subject matter and is passionate about sharing that knowledge with the
reader. His enthusiasm for the topic is contagious, and it makes the book a pleasure to read.

II. AN OVERVIEW OF THE WORK

This book spans over 457 pages and comprises four chapters, namely: Life, The Legal School,
Specific Legal Questions and A Selection of Legal Responses. The author begins the book with
a 25-page introduction that describes Imam Jafar al- Sadiq's character and personality.
However, the same information is repeated in the next chapter, titled ‘Life.’ This repetition of
information takes up 137 pages of the book, which is almost a third of its total length. Devoting
such a significant amount of space to information that has already been presented detracts from
the book's focus on Imam Jafar al-Sadiq's teachings. The author could have saved space by
either combining the introduction and the "Life"chapter or simply removing the repetition of
information. This would have allowed the author to focus more on Imam Jafar al-Sadiq's life
and teachings, aligning better with the objective ofthe book.

The section of the book spanning from page 209 to 236, which discusses legal presumptions,
is particularly intriguing and deserving of attention. This portion of the book contains valuable
and informative content. The legal presumptions discussed in these pages aresignificant and
may provide readers with valuable insights and knowledge about the subject matter. This
specific section stands out as a highlight within the book, offering readers a deeperunderstanding
and encouraging them to pay close attention.

Certain topics, such as Prayer, Fasting, Hajj, Ritual Purity, and Divorce, are repeatedly
discussed throughout the book. However, each time these topics are revisited, they are
accompanied by additional content or information. This repetition with added content implies
that the book aims to provide a comprehensive and thorough understanding of these subjects.
By revisiting these topics multiple times, the author may intend to reinforce key concepts, offer
different perspectives, or delve deeper into specific aspects. While the repetition may seem
redundant, the inclusion of new content ensures that readers gain a better understanding of


Ph.D. Law (Scholar) at Dadabhoy Institute of Higher Education, Karachi, Pakistan. Email:
[email protected].

Volume 19, Issue 2 (202) 2023

these important aspects of religion, enriching their knowledge and exploration of the subject
matter.

The book concludes (p. 409) with remarks that reiterate the author's admiration for Jafar al-
Sadiq, summarizing his many virtues and accomplishments.

III. CRITICAL ANALYSIS

In addition to Jafar al-Sadiq, the book also discusses the teachings of other members of
theFamily of the Prophet. For example, on page 130, it is narrated:

“In the legal works of both the Jaʿfarī and Zaydī schools, references tothe legacy of
the Family of the Prophet abound.”

Afterward, there are many quotations regarding the teachings of other members of theFamily
of the Prophet. This inclusion of teachings from other members of the Family of the Prophet
contradicts the suggestion made by the title that the book will solely focus on Imam Jafar.
While it is not necessarily a bad thing to include the teachings of other members, it does make
the title of thebook misleading. The author may have chosen to include other members of the
Family of the Prophet inorder to provide a more complete picture of their lives and teachings.
However, this decision could have been made clearer by changing the title of the book.

The author divides the "Foundational Sources" (p. 142) into two parts, A and B. The material
in both parts, like other narrations of the book, is already available in other books. However,
it is well-referenced, indicating that the author has cited the sources used to compile the
material and provide readers with a comprehensive overview of the sources.

It is pertinent to mention that the author refers to his own work 60 times in footnotes,
suggesting that the author heavily relies on his previous work to support his arguments.
However, it is possible that the author has made significant contributions to this field, and his
previous work may be the most authoritative source on the topic. Ultimately, the reader should
always judge whether or not an author's reliance on his own work is justified.

The author's work can be summarized as merely compiling or organizing existing information
from various sources. In other words, the author has not contributed original insights or
conducted new research but rather gathered and structured pre-existing material. This implies
that the author's work lacks originality or novelty, as it has not added any unique perspectives
or analyses. Instead, it has simply created an index or catalogue of the information already
accessible in various books one of which is Kitab Al-Kafi by Kulayni Muḥammad b. Yaʿqūb
which is heavily referred i.e., more than 650 times out of 1435 references in footnotes.

IV. CONCLUSION

In both the opening (p. 1) and closing (p. 409) pages of the book, the author confidently
expresses his intention to provide a thorough exploration of the legal thought of Imam Jaʿfar
al-Ṣādiq, with the goal of defining its nature and main characteristics. However, upon reaching
the conclusion, it becomes clear that there is room for further improvement in achieving this
ambitious objective. Throughout the book, the author attempts to define and shed light on the
essence of Imam Jaʿfar al-Ṣādiq’s legal thought. While the initial promise generates
anticipation, the execution falls slightly short of expectations.

Volume 19, Issue 2 (203) 2023

Although there is some scattered information, the book still offers valuable fragments of
knowledge and glimpses into the subject matter. However, it may benefit from enhancing its
cohesiveness and providing a more comprehensive understanding.

This outcome highlights the potential for a more insightful exploration of this significant topic,
leaving readers eager for further research. While the book initiates a valuable discussion and
presents valuable pieces of information, there is an opportunity for a more comprehensive and
cohesive understanding to be achieved in future works.

Without prejudice the above, the book is a valuable resource for researchers, the general public
and anyone who is involved in the judiciary (including judges). Here are some specific ways in
which the book can be helpful to these categories:

a) Judges can use the book to gain a deeper understanding of the legal principles that
guidetheir decision-making.
b) Researchers can use the book to learn more about the history and development of
theIslamic law.
c) The general public can use the book in order to obtain ready references
regardingDivorce, Fasting, Prayers, Inheritance or other Islamic Rituals.

Volume 19, Issue 2 (204) 2023