Forgiveness in Islamic Jurisprudence and Its Role in Intercommunal Relations

Although I reject the characterization of the relationship between Christianity and Islam as a clash of cultures, I recognize a profound need for processes that move beyond theological disagreement to authentic solidarity. Deep seated senses of harm, whether arising from the Crusades or 9/11, make this process particularly challenging. However, it is my thesis that models for forgiveness and reconciliation can be found in both traditions. This paper will explore a number of potential starting points for interreligious forgiveness and reconciliation within Islamic tradition. Islamic jurisprudence contains deep commitments to forgiveness and reconciliation in its textual traditions (the Quran and Sunnah), in its classical jurisprudence (particularly in criminal and international law), and in its modern intellectual engagement (e.g., truth and reconciliation commissions and modernist reinterpratation). However, perhaps the most compelling basis for forgiveness and dialogue in contemporary Islamic jurisprudence is provided by Fethullah Gülen, whose work may be viewed as a continuation of traditional fiqh rather than as a rejection of it. Both Christianity and Islam have made exclusive claims to truth that have posed challenges to peaceful coexistence; however, a reemphasis on the core principles of mercy, forgiveness and reconciliation as suggested by Gülen may provide ways of thinking about difference that promote cooperation rather than antagonism.


Russell Powell is an associate professor of law at Seattle University School of Law and submit for your consideration the abstract of my article, entitled The Role of Forgiveness and Reconciliation in Islamic Jurisprudence. I am primarily a religious law scholar (with an emphasis on Islamic jurisprudence and Catholic legal thought) and believe that my comparative approach provides valuable insights for legal theory and policy discourse.  I am the Chair of the Islamic Law Committee of the International Law Association (AB) and a member of the Executive Committees of both the American Association of Law Schools Section on Islamic Law and the Conference on Catholic Legal Thought. My publications in the field include the following: Zakat: Drawing Insights for Legal Theory and Economic Policy from Islamic Jurisprudence Pittsburgh Tax Review (forthcoming 2009)  Theology in Public Reason and Legal Discourse: A Case for the Preferential Option for the Poor, Wash. & Lee Journal of Social Justice & Civil Rights (2009)
Book Review: Faith & Law: How Religious Traditions from Calvinism to Islam View American Law Theological Studies (2009) Catharine MacKinnon May Not Be Enough: Legal Change and Religion in Catholic and Sunni Jurisprudence, Georgetown Journal of Gender and the Law (2007)  Toward Reconciliation: A Transcendental framework for Christian-Muslim Dialogue Using Natural Law Tradition, Loyola U. Chi. Int’l Law Review (2005).

 

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