A gem from our fellow Chaplain and member of the Harvard Muslim community, Shaykh David Coolidge:

Islam at Brown: How I Understand Islamic Law: I have been studying Islamic law ever since I became Muslim almost 13 years ago. I don't have ijazas or a PhD, just a pile of books and a treasure trove of memories that inform how I make sense out of it all. Because my life experience and way of thinking aren't quite typical, I have often refrained from sharing my views more publicly. However, as a chaplain I get numerous inquiries about Islamic law, and I think it will be helpful to have a document which lays out my basic philosophy. I will try to articulate my views as clearly as possible, for the benefit of those with varying degrees of familiarity with the history and philosophy of Islamic law.
In short, I consider Islamic law to be the sum total of what intelligent, learned, and pious scholars say about Islamic law. They must be intelligent, because the intellect is the basis of understanding the law. They must be learned, because there are plenty of books one must read before one can begin to understand Islamic law. They must be pious, because Islamic law is meant to be practiced, not just understood. In history, those who fulfill these criteria are well known: Malik, al-Shafi'i, al-Ghazzali, Ibn Qudamah, Ibn Taymiyya, al-Marghinani, al-Shawkani, al-Qarafi, and many others. Whatever they said should be considered as part of Islamic law as a whole.
However, the books of the giants of the past don't always help us understand what we should do today. Sometimes they can even lead us astray, if we don't understand the context in which they were writing. So when it comes to contemporary concerns, preference is given to scholars who not only fulfill the 3 conditions already mentioned, but also understand the political, economic and social realities we are living in now. These scholars are capable of interpreting the writings of the Islamic legal heritage in light of our 2011 AD/1432 AH world. Such individuals include Zaid Shakir, Hamza Yusuf, Yasir Qadhi, Muhammad Alshareef, Abdullah Ali, Yahya Rhodus, Intisar Rabb, Ikram ul Haq, Faraz Rabbani, Sherman Jackson, Tahir Anwar, Taha Abdul-Basser, Zaynab Ansari Abdul-Razacq, Suhaib Webb, and many others.
If you ask any of these scholars how to pray, they will be capable of giving you an answer that is valid. If you ask them about zakat, they will be sensitive to what a 401k entails. If you ask them to reflect on what it means to live in a secular, pluralistic democracy, they will have cogent thoughts to share. Each of them has earned the right to share their view, through hard intellectual work and a life of committment to God and God's Messenger (may peace be upon him). Much of what they say will be in agreement with one another, and where they differ, take what you think is best. Only the All-Knowing (al-Aleem) really knows which one of them is right, and only the Truly Just (al-'Adl) will judge between them and between us after all of our deaths.
All of these scholars encourage human beings to pray in more or less the same way. All of them highlight the importance of fasting. All of them can explain why God prohibited alcohol. All of them think it is best for Muslims to marry Muslim spouses with good character. All of them know the centrality of patient perseverance (sabr) when afflicted with trials and tribulations in one's personal, professional, or spiritual life. Similarly, they all understand the need for gratitude (shukr) for all of our myraid blessings. Most everything else is secondary or tertiary. If you want to learn the details, there are many different ways to do so, but never get so wrapped up in the trees that you forget the vast forest all around you.
The Straight Path (sirat al-mustaqim) is not this shaykh or that shaykh, this book or that book, this class or that one, this school of thought or that one. The inheritance of the Prophet (may God bless him and grant him peace) is vast, and reaches into the nooks and crannies of this world. If the teacher in your particular nook doesn't inspire you or make sense, then go looking for better ones, and the Guide (al-Hadi) will guide you to her or him. But as you search, always be aware that your inner self will fight back, because it does not want to submit. It wants to convince you that you are the center of the universe. But the spiritual purpose of Islamic law is to remind you that God has more of a right than anyone else over what you do and say. When Islamic law seems like the interpretations of men and women, go deeper, and find the unchangeable bedrock which is God's clear command and prohibition. When one has found that unshakeable core, then there is nothing left to do but submit to the best of one's ability, and ask God to forgive all the ways in which we fall short, for we all fall short. In these last days of Ramadan, may the Forgiving (al-Ghafur) forgive all of us our shortcomings in sincerity, knowledge, and practice, amen.

For those of you interested in Islamic bioethics--that is, the application of fiqh to contemporary medical (and other biological) issues--here is a video recording of a session of a recent conference on the subject. I am moderating this session. The speakers include Prof. Sherman Jackson and Sh Musa Furber. May Allah reward Dr. Aasim Padela, conference organizer, for the invitation.

I am reproducing, in full, Sh Suheil Laher's excellent summary of the section on dissection in a contemporary work on Islamic medical ethics.

DISSECTION

(abridged from Dr. Muhammad `Ali al-Barr, al-Tabeeb: Adabuhu wa-Fiqhuhu (The Physician: his Etiquettes and Jurisprudence), co-authored with Dr Zuhayr Ahmad al-Siba`i, Dar al-Qalam / al-Dar al-Shamiyyah, Damascus / Beirut, 1413 / 1993, pp. 165-183.)

1. Islam considers the human being to be noble, and the human body as subject to respect and sanctity.

“Verily, We have honored the Children of Adam…” [Qur'an, 17:70]

The Prophet has said, “Breaking the bone of a dead person is like breaking it when he is alive.” [Abu Dawud, Ibn Majah, Ahmad, Bayhaqi. Malik (who reported it as a saying of Ummul-Mu'mineen `A'ishah). Sh. Shu`ayb Arna'ut authenticated it (Sharh al-Sunnah (5/393)]

The Prophet also prohibited mutilation. [Bukhari, Tirmidhi, Nasa'I, Abu Dawud, Ahmad, Darimi]
2. Nevertheless, the study of medicine is considered a noble pursuit in the service of mankind, and that without which an obligation cannot be achieved can itself become an obligation. Imam al-Shafi`i is reported to have said, “[True] knowledge is of two categories: knowledge of religion, and knowledge of the body.” Qadi Abu’l-Waleed Ibn Rushd, also a philosopher and physician, said, “Anyone who undertakes dissection increases in faith in Allah.”
3. Physicians in the Muslim world have practised dissection, and written books on it, since earlier times. Prominent in this field were:

* Abu Bakr al-Razi (d. 311 AH), a prominent physician.
* al-Husayn ibn `Abdillah Ibn Sina (d. 428 AH), the famous philosopher and physician, known in the West as Avicenna.
* al-Hasan Ibn al-Haytham (d. 430 AH), the famous opthalmologist.
* Qadi Abu’l-Waleed Ibn Rushd (d. 595 AH), also a prominent Maliki jurist.
* `Ali ibn al-Hazm Ibn al-Nafees (d. 687 AH), also a Shafi`i jurist, he is credited with discovery of the lesser circulatory system before William Harvey.

1. Jurists of earlier times did not directly address the issue of human dissection. The closest issues which are recorded in the classical juristic literature are the following:

1. The permissibility of cutting open the belly of a deceased woman, if it should transpire that her womb contains an unborn infant who is expected to live.
2. The permissibility of cutting open the belly of a deceased person who had swallowed an object of value which either belonged to someone else who demanded its return, or belonged to the man himself but was demanded by his heirs.

1. The first jurist who is known to have written specifically about dissection and its permissibility, was the erstwhile Grand Shaykh of al-Azhar, `Allamah Ahmad ibn `Abd al-Mun`im al-Damanhuri (d. 1192 AH / 1778 CE, a highly educated man, he wrote profusely on jurisprudence, medicine, astronomy and surveying), in a treatise entitled al-Qawl al-Sareeh fi `Ilm al-Tashreeh (The Explicit Word on Dissection). He expanded on this treastise, in a commentary thereof entitled Muntaha al-Tashreeh bi-Khulasat al-Qawl al-Sareeh fi `Ilm al-Tashreeh (The Pinnacle of Dissection, the Quintessence of the Explicit Word on Dissection.) His successor at al-Azhar was Shaykh Hasan ibn Muhammad al-`Attar (d. 1834 CE), who had also had medical education, and who wrote a number of treatises on medicine and dissection. It was during his time (1827 CE) that a medical college was established in Cairo. When the head of this college, a Frenchman, began to dissect bodies before the students, they were outraged. Shaykh al-`Attar was instrumental in convincing this pioneering class of students of the importance of dissection, explaining that it contributes to the knowledge of medicine, which in turn is a communal obligation.

On 26 Sha`ban 1356 AH (31/10/1937 CE), Shaykh `Abd al-Majeed Saleem, erstwhile Grand Mufti of Egypt, issued a fatwa on the permissibility of dissection, based on the principle that Islamic regulations are based on preponderant advantages, and that a lesser harm can be borne for the attainment of a higher benefit, the loss of which would be more harmful. Shaykh Hasanayn Makhlouf of Azhar issued a fatwa in 1951 CE, reiterating the permissibility of dissection for justifiable purposes. Thereafter, fatawa came in succession from different parts of the Islamic world. Among the more recent of these was the research of the Permanent Committee for Academic Research and Fatwa in Saudi Arabia (21/7/1392 AH), the verdict of the Body of Senior Scholars in Saudi Arabia (20/8/1396 AH), and the verdict of the Rabitah Fiqh Academy (Safar 1407 AH / 10/1987 AH).

These fatawa held dissection to be permissible for the following purposes:

1 – Forensic medicine: Investigation of a criminal case, to determine cause of death, or the nature of the crime, where dissection is the only means for the judge (qadi) to obtain this information.

2 – Autopsy, Necropsy: Investigation of various diseases which call for dissection to cast light on what precautions and medications can be utilized for such diseases.

3 –Anatomy: Learning and teaching medicine, as is the case in medical colleges.

And Allah knows best.

Here is the transcript of a lecture, "The Incoherence of Claims of Incoherence: Some Remarks on Internal Consistency and Legitimacy in Contemporary Islamic Financial Ethics" that I recently gave at Wharton (U Penn), Philadelphia, Pennsylvania on March 15, 2009.

The following are some notes that a sister, Maria Khan, wrote up on the Pre-Ramadan workshop I have been doing at Harvard for the last 5 years or so. Last year, Shaykh Suheil Laher and I did a combined session for the Harvard Islamic Society and MIT MSA. May Allah reward the sister and benefit people with it.
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Notes on the Harvard Ramadan Intensive
Maria Khan
Fall 2007

Instructors: Shaykh Suheil Laher (MIT Muslim Chaplin) and Ustādh Taha Abdul-Basser (Harvard Islamic Society Muslim Chaplin)
Where: Harvard Islamic Society Prayer Space, Harvard Yard
When: September 2007

Introduction

Ramadan is one of the practices upon which Islam is built. It is obligatory (wājib) for all ethically responsible (mukallaf) Muslims to seek and obtain a basic understanding of the key formal aspects of the Ramadan fast, so that they can perform a valid Ramadan fast and achieve the spiritual benefit associated with fasting the month. True spirituality is associated with belief and practice; it is only through sound belief and acceptable practice that one can heighten one’s spiritual attainment; hence the need for a solid understanding of the formal aspects of Ramadan fast.

Imam Abū Ḥāmid al-Ghazali’s (d. 505/1111) spoke of three levels of fasting: 1) Common level fasting: which is to abstain from food, drink and sexual intercourse; 2) elite level fasting: which is to abstain from food, drink and sexual intercourse and to abstain from sinning with tongue, heart and the other faculties and limbs and 3) “elite of the elite” level fasting: which is to disengage one’s heart-mind (qalb) from all thoughts that do not bring one closer to Allah.

0. Repentance (Tawbah)
0.1 Three Components
0.1.1 Regret
0.1.2 Discontinuation of the sin
0.1.3 Resloution to never to do it again
0.1.4 Restitution, when the sin is against another person
1. Basic Terms
1.1 Ḥukm (plural aḥkām) is an ethico-legal value (e.g. obligatory, commendable, neutral, offensive and impermissible).
1.2 The Shar'ia (Islamic sacred ethics and law) is made up of aḥkam.
1.3 Fiqh is a deep understanding of ethico-legal values of human acts based on indicants (i.e. evidence) from the Qur'an and Prophetic Custom (Sunnah); Fiqh is knowledge of what is permissible (halāl) and impermissible (harām). Fiqh is “discovering” the ethico-legal values of the Sharī`a.
1.4 Sawm means “abstaining” in the Arabic language in general. In fiqh sawm = abstaining from food, drink, etc from true dawn to sunset as an act of devotion for Allah.
1.5 Fard 'ayn = personal obligation
1.5.1 As opposed to communal obligation (farḍ kifāya)
2. Fiqh of Fasting
2.1 Performing the Ramadan fast is a personal obligation (fard 'ayn) for each ethically responsible Muslim who does not have a shari`a-recognized exemption
2.1.1 A child who becomes mature during the day must abstain from those things that invalidate a fast for the rest of the day.
2.1.2 An insane person who gains sanity during the day must abstain from those things that invalidate a fast for the rest of the day.
2.1.3 A person who becomes Muslim during the day must abstain from those things that invalidate a fast. A convert need not make up the missed fast.
2.1.4 Exemptions
2.1.4.1 Sickness: If fasting will aggravate the sickness, or delay the healing, of a person, that person does not have to fast. They must make up the days later when they are in good health.
2.1.4.1.1 Strenuous physical exercise, like working out or heavy labor is discouraged, as it weakens the body.
2.1.4.2 Travel: Traveling on a journey of 48 miles or more. If one feels as though there is no hardship in one's travel then one may fast. One must fast until one is actually traveling. A traveler must make up the missed fast.
2.1.4.2.1 A traveler who has returned home and is not fasting should abstain from those things that invalidated a fast (in public and private) until sunset.
2.1.4.3 Pregnancy and Breastfeeding: Pregnant and nursing women are exempted from fasting if they fear for themselves or their children.
2.1.4.3.1 Hanafī school [madhhab (plural madhāhib)]: A pregnant or nursing woman can just make up the fasts.
2.1.4.3.2 Shāfi`i and Ḥanbalī schools: If the pregnant or nursing woman feared for her child's health (only) and not her own, then she must perform substitution (fidyah), i.e. feed a poor person every day for each day of fasting that she missed, in addition to making up the fasts.
2.1.4.4 Old Age: Very old people who are weak and will not regain their strength are exempt from fasting and must perform substitution (fidyah), i.e. feed a poor person for each day of fasting.
2.1.4.5 Menstruation: A woman who is menstruating is exempt from fasting and must make up the fasts she misses later.
2.1.4.5.1 A woman who is not fasting due to her menstrual cycle but who regains the ability to fast during the day must abstain (or should [Shāfi`i]) from those things that invalidate a fast.
2.2 Valid Fast
2.2.2 For a valid (ṣaḥīḥ) fast one must abstain from food, water and sexual intercourse from true dawn until sunset (maghrib).
2.2.2.1 Refraining from talking the entire day is prohibited.
2.2.3 Intention
2.2.3.1 One must make a separate intention (niyya) for each day of Ramadan that one is fasting. One makes the intention to fast during the night, before each day of fasting.
2.2.3.3 One is not required to vocalize the intention of fasting. One makes the intention one's heart.
2.2.4 Fasting Begins at True Dawn
2.2.4.1 Definition: If one observes the eastern horizon during the night (in optimal conditions which are not available in most cities) one sees two appearances of what could be called “the dawn.” The first dawn is “false dawn” (al-fajr al-kadhib); the second, which is more lateral in its spread is “true dawn” (al-fajr al-sadiq).
2.2.4.2 It is sunnah to stop eating a short while (10-15 min) before Fajr even though it is allowed to eat until the time.
2.2.4.2.1 In a hadith in Sahih Bukhari, Anas ibn Malik (the personal attendant of the Prophet (صلي الله عليه وسلم) asking Zayd ibn Thabit (one of the scribes of the Qur'an) how long the interval was between when the Prophet (صلي الله عليه وسلم) stopped eating and fajr. Zayd ibn Thabit's response was the amount of time that it took to recite fifty ayāt of the Qur'an.
2.2.4.2.2 Another lesson to be drawn from this hadith: The scribe of the Qur'an, Zayd ibn Thabit, was closer to the Prophet (صلي الله عليه وسلم), during Ramadan than was his personal attendant, Anas ibn Malik. So we should read, contemplate, and keep in our memory the Qur'an as much as possible in Ramadan as it is the month in which the Qur'an was revealed.
2.2.5 Fasting Ends at Sunset
2.1.5.1 Sunset is when the sun disappears below the horizon.
2.1.5.1.1 It is suggested to add 3 minutes to the calculated timings for sunset.
2.1.5.2 It is a Prophetic custom (sunna) to break the fast when the as soon as day has ended (i.e. as soon as the sun has set).
o It is impermissible to intentional refrain from eating during the night after a day of fast and then fast the next day.
2.3 Invalidating a Fast
2.3.1 There are three (3) ways to invalidate a fast indicated by the Qur'an
2.3.1.1 Eating
2.3.1.1.1 Eating something that is not normally eaten (e.g. pencils, dirt, pebbles) invalidates a fast.
2.3.1.2 Drinking
2.3.1.3 Engaging in sexual intercourse
2.3.1.3.1 Masturbation invalidates a fast.
2.3.1.3.2 A husband may kiss his wife as long as it does not lead to sexual intercourse or ejaculation. Note: Hanbalis and Maliki schools: Even the emission of pre-ejaculation fluid invalidates the fast (in case of kissing, masturbation or other physical contact). Hanbali and Maliki schools: Even pre-ejaculation fluid invalidates the fast (in case of kissing, masturbation or other foreplay physical contact).
2.3.2 Three ways to invalidate a fast indicated by aḥādith
2.3.2.1 Inducing vomiting
2.3.2.2 Inhaling something through the nose
2.3.2.3 Therapeutic blood-letting that weakens the patient
2.3.2.3.1 Note: according to the majority of scholars, invalidation by means of the third of these, i.e. therapeutic blood-letting, is abrogated.
2.3.3 Idle talk is discouraged.
2.3.4 Backbiting (ghība) reduces the value of one's fast.
2.4 Consequences of Invalidating the Fast
2.4.1 If one unknowingly invalidates one's fast by eating, drinking, engaging in sexual intercourse, etc.--i.e. if one breaks it out of genuine forgetfulness--then one’s fast is still valid. One need not make up that fast.But, it is obligatory to stop eating and drinking as soon one realize’s (i.e. remembers) and one must then continue fasting for the rest of the day (i.e. not eat, drink, etc. until sunset).
2.4.2 If one knowingly invalidates one's fast by engaging in sexual intercourse, then one must perform expiation (kaffārah), one must either:
2.4.2.1 Free a slave or
2.4.2.2 Fast for two months consecutively or
2.4.2.3 feed 60 poor people
2.4.3 If one knowingly invalidated one's fast by eating or drinking anything which provides nourishment or medical benefit, then the fast is invalidated without disagreement.
2.4.3.1 Hanafi school (but not the Shāfi`ī school): In addition, expiation (kaffārah) is required.
2.4.4 If one knowingly invalidates one's fast by any means other than those covered above (e.g. by eating sand or pebbles, or by masturbation) then the fast is invalidated, but expiation (kaffārah) is not required.

I came across an interesting article in Forbes that was published two days ago. The article was essentially about the need for more fuqaha'. Although this piece--and others like it that have appeared in the press recently--stress the need for more traditional Islamic ethicists within the context of one particualr field (i.e. contemporary finance) it should be noted that the need actually pressing in several areas of human activity--including (but not limited to) the following:

bioethics
military ethics
intellectual property ethics
environmental ethics
medical ethics