Arabic-L:LING:JAIS articles

[Dilworth Parkinson]

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Arabic-L: Tue 29 Apr 2003
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1) Subject:JAIS articles

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Date: 29 Apr 2003
From: "Joseph N. Bell" <joseph.bell at msk.uib.no>
Subject:JAIS articles

Journal of Arabic and Islamic Studies
<http://www.uib.no/jais>
<http://enlil.ff.cuni.cz/jais/jais.htm>

 From Joseph Bell

The final versions of the articles by Ramzi Baalbaki and Carlo De  
Angelo have been posted. Minor additions and some formatting changes  
have led to a slight change in the pagination of the De Angelo article,  
althought it remain on pp. 27-48. Title and abstracts follow:

Ramzi Baalbaki. "Ilhaq as a Morphological Tool in Arabic Grammar."  
(Adobe Acrobat 5.0 PDF file, 210 kB, pp. 1-26). HTML version to be  
posted later.

Abstract: The Arab grammarians differentiate between the ziyada  
(augment) that introduces an element of meaning and the ziyada that  
appends (yulhiq) one morphological form to another. Having realized the  
potential of the concept of ilhaq (appending) as an analytical tool in  
morphology, the grammarians divided appended words into several types  
according to the number of the radicals in their roots and the type of  
ziyada that is involved, and tried to justify forms and patterns with  
reference to a set of detailed rules which they elaborately describe.  
This paper deals with the issues the grammarians tackle in their study  
of ilhaq, such as its purpose, the possibility of analogically  
extending its examples, and the inapplicability of idgham (gemination)  
to its patterns. It also examines how the grammarians use ilhaq to  
reduce considerably the number of morphological patterns that form a  
closed system, to explain away anomalous and rare patterns, and thus to  
limit deviation from the norm (qiyas) and to test the validity of a  
host of morphological issues.

Carlo De Angelo. "Le problematiche socio-giuridiche connesse  
all'immigrazione islamica in Europa con particolare riguardo alla  
situazione italiana." (Adobe Acrobat 5.0 PDF file, 173 kB, pp. 27-48).  
HTML version to be posted later.

Abstract: This study deals with the migration flows from Islamic  
countries, or countries with large Islamic populations, to Europe.  
Particular attention is paid to the factors that explain these flows  
from the 1950s to the 1970s. After the restrictive policies or closure  
introduced in the 1970s, migration shows a clear trend towards  
permanent settling and takes on new and more defined characteristics.  
The social-juridical consequences related to these transformations are  
examined here. The second part of the study describes differences  
between the Italian and the more general European situation. Sizeable  
Islamic presence in Italy is a relatively new phenomenon, dating back  
largely to the 1980s. Unlike elsewhere in Europe, Islam has established  
itself very rapidly. The whole typology of Islamic institutionalized  
presence characteristic of other European countries is already visible.  
As elsewhere, the Islamic community—particularly through the action of  
the UCOII, the most representative umbrella organization—is trying to  
reach an intesa (agreement) with the government to obtain a status  
comparable with that of other religious minorities. However, as of this  
writing, the process has not yet officially begun. This can be ascribed  
in particular to the problem of determining which Islamic body should  
be taken as the legitimate representative of the Muslim communities.  
With reference to other juridical problems (mosques, ­halal food,  
cemeteries, ­hijab, marriage, etc.) the paper defends the position that  
a sustainable immigration policy should be able to reflect the  
interests of both immigrants and native inhabitants. The most effective  
strategy, it would seem, can be worked out within a cross-cultural  
perspective that recognizes that confrontation and dialogue are  
possible, indeed necessary, among cultures sharing a common core of  
values and principles, that is to say, a common acceptance of universal  
human rights.

The prepublication version of the following article by Arno Schmitt (in  
German) has been posted.

Arno Schmitt. "Liwat im Fiqh: Männliche Homosexualität?" (Adobe Acrobat  
5.0 PDF file, 389 kB, pp. 49-110). HTML version to be posted later.

Abstract: Despite widespread acceptance by (male) society, Islamic  
jurisprudence condemns anal intercourse—and this is the meaning of  
liwat, not “homosexuality,” or “(male) homosexual behaviour”. The Arab  
conquest had changed neither the modes of production nor the  
patriarchal order or sexual mores of Egypt, Syria, Iraq and Iran. In  
Hellenistic societies the main gender division runs not between male  
and female, and hetero- and homosexual, but rather between penetrator  
and penetratable (women, boys, slaves, Jews, eunuchs and dancers  
alike). To penetrate was normal male desire, but to suffer or to allow  
penetration was shameful, and to enjoy it worse. Islamic law, on the  
other hand, prescribes the death penalty for extramarital  
intercourse—with male or female and whether as penetrator or  
penetrated. Considering the sources of Islamic law, this paper reasons  
that neither the Holy Book nor the most authentic and earliest  
apostolic sayings impose a death sentence for sodomy in this life. But  
Isma'ilis, Zaidis, most Ja'faris and Shafi'is and many Hanbalites  
punish liwat with the penalty for zina; the Malikis and some Hanbalis  
and Shafi'is decree the death penalty even for the ghayr muhsan.  
Leaving the ghulat aside, who, if one is to believe Imami  
heresiographies, did allow liwat, some viewing it as a way to transmit  
holiness, only the rather marginal Zahiriya and most Hanafites argue  
that there is no hadd – they impose only ta'zir. Although in the  
classical period some Hanafis believed it to be allowed in paradise,  
later the Hanafiya narrowed the gap with the other madhahib, either by  
imposing hadd az-zina, or by removing all constraints from ta'zir. As  
to sodomizing one’s slaves, only the Hanbalis were unambiguous in their  
condemnation. The solution to the tension between societal attitude and  
the shari'a is found in strict requirements of evidence: together with  
general rules of moral conduct, the procedural law makes the execution  
of the death penalty almost impossible—as long as the sinful and  
shameful acts take place in private and are denied by the perpetrators.


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