Abstract

This thesis proposes to examine some of the fatwas, or legal opinions, issued by Muhammad ‘Abduh, and taken from the manuscript ledgers at Dār al-Iftā’ al-Miṣriyah. The fatwas involve official and semi-official issues, problems of personal status, financial matters, and relations with others. They were picked for their clarity, peculiarity, diversity, and will be examined for their relevance to the needs of various groups of society at that time and for the legal argumentation used. The fatwas will be examined to try to determine ‘Abduh’s legal approach, and his methodology when dealing with everyday issues. Fatwas are also useful tools to gauge different trends and tendencies in a society. The queries reflect some of the preoccupations of individuals. As for the responses, whether these are timely or untimely, or whether they are mundane or peculiar, they demonstrate the degree of empathy of the mufti with the public. Indeed, Muhammad ‘Abduh once observed that the ‘ulamā’- Muslim religious scholars- of his time, even if they were highly qualified, were totally isolated from the needs of the public, and that the only interaction the community had was with the storytellers that they called preachers at the Friday prayers. Such a statement implied that he considered that the function of the religious scholars was to serve society.

Department

Arab & Islamic Civilizations Department

Degree Name

MA in Arabic Studies

Graduation Date

Spring 5-26-2017

Submission Date

May 2016

First Advisor

Serag, Mohamed

Second Advisor

NA

Third Advisor

NA

Committee Member 1

NA

Committee Member 2

NA

Committee Member 3

NA

Extent

139 p.

Document Type

Master's Thesis

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. The author has granted the American University in Cairo or its agents a non-exclusive license to archive this thesis, dissertation, paper, or record of study, and to make it accessible, in whole or in part, in all forms of media, now or hereafter known.

Institutional Review Board (IRB) Approval

Not necessary for this item

Comments

This thesis is divided into two parts. Part one, which sets the background, includes an introduction describing the scope and aim of this study, a short biography of Muhammad 'Abduh, and a section that examines his approach to the principles of Islamic jurisprudence. Part Two consists of nine uneven sections presenting the fatwas and responses, which are organised into categories. These cover official queries, faith and ritual; marriage and separation; interdiction or hijr; third-party rights, involving inheritance, gifts and endowments - waqfs; custody and guardianship; miscellaneous issues, i.e. fatwas which are awkward to classify; and finally, those that refer to penalties, etc. The conclusion sums up and underlines the findings, and an appendix is attached with the fatwas, as they are transcribed in Arabic.

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