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Samdani, Jafar. "Doctrine of Necessity (In Islamic Jurisprudence)." Volume-1: Issue-9 (November, 2019) 1, no. 9 (December 7, 2019): 48–55. http://dx.doi.org/10.36099/ajahss.1.9.5.
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Islamic Jurisprudence provides the mechanism to understand the Islamic Law and the Islamic law is basically and principally pillared/sourced on Qur’an, the divine revelation (the words of the Almighty ALLAH) and the Sunnah (Prophetic Traditions), the words and the practice of the Prophet (Peace Be Upon Him) and those two are considered the basic sources of law in Islamic Law. Furtherance to the said sources seconding to the basic pillars is as Ijma (Consensus) and Qiyas (application of rule by analogy). After that the Ijtihad (Juristic consensus of opinion of the imam’s mujtahid,) Istihsan (juristic preference), Maslahah Mursalah (Public Interest), Urf (Custom), Istishab (presumption of existence or non-existence of facts Presumption of Continuity), Sadd al-Dhara’ (Blocking the Means). The paper is an effort to discuss these in order to present the pros and cons of the doctrine of necessity in Islamic jurisprudence.
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Hasan, Muhammad. "Model Pengembangan Hukum Islam Berbasis Kedaerahan: Kajian Terhadap Ijma’ Ahl Al-Madīnah dan Implikasinya." Ulumuna 19, no. 1 (June 29, 2015): 159–80. http://dx.doi.org/10.20414/ujis.v19i1.1255.
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The basic spirit of Islamic law is s\ālih\un likulli zamān wa makān. Meanwhile, Islamic law delivered by the Prophet Muhammad and developed by his companions, even by Imam of the schools, is still limited to the mindset and culture of Arab society. Therefore, efforts to resolve various issues of Islamic law that arise in different parts of the world need a prototype methodology of thinking so that the Islamic law produces humanist characteristics. This paper offers a study on the development of Islamic law methods by taking a model of ijmā‘ ‘ahl al-Madīnah. In this case, ijmā‘ ‘ahl al-Madīnah is seen as a model of manhaj istinbāt\ of Islamic law on the ground of region. In the present context, in addition to masādir al-ah\kām, ijmā‘ ‘ahl al-Madīnah needs to be positioned as the methodology of Islamic law which results in humanist Islamic legal perspective. Since ijmā‘ ‘ahl al-Madīnah as masādir al-ah\kām has grounded reason then ijmā‘ ‘ahl al-Madīnah as manhaj al-fikr has a logical argument. Its implication is that the consensus (ijmā‘) based on the regional jurisprudence has become a valid method and source of Islamic law.
DOI: http://dx.doi.org/10.20414/ujis.v19i1.1255
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Abdul-Qadir, Abuhamid M. "The Early Development of Islamic Jurisprudence." American Journal of Islam and Society 14, no. 3 (October 1, 1997): 83–86. http://dx.doi.org/10.35632/ajis.v14i3.2236.
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Professor Ahmed Hasan has made a great contribution to the understandingof the early history of Islamic jurisprudence up to the time of al Shafi'i (d. 204A.H.). A few works. such as The Origins of Muhammadan Jurisprudence byProfessor Joseph Schacht, have been published on the early development ofIslamic jurisprudence. and Hasan's work is a valuable addition. Islamic jurisprudenceis a dynamic, ongoing, and virtually limitless subject. The communitycannot survive without it as long as new issues arise to be resolved andIslamized. Thi field of study helps the community to move forward, encouragingmembers to solve new problems that arise in their social lives. Hasan discusseshow jurists debate one another over the extraction of God's law and how.ultimately, uch debates have developed Islamic jurisprndence and the differentlegal schools. ljma' (consensus) and qiyas (analogy) did not exist at the time ofthe Prophet; they developed through ijtihtid, based on the principle sources theQur'an and Sunnah. The subject has a kind of progressive flow, tide, and dynamiccharacter. Hasan divide his book into seven chapter, beside an introductionand a concluding discussion. He also includes a bibliography and an index. Theauthor chose a period in the history of jurisprudence for which sources for synthesisare difficult co obcain. He shows the historical development of lslamicjurisprudence in the first two centuries of Hijrah based mainly on the work ofMalik. Abu Yusuf, al Shaybani and al Shafi'i.This book is designed for readers who are particularly interested in Islamiclaw and history. In the introduction the author describes the meaning of fiqh andother allied terms. He analyzes the origins of the early schools of law-such asthe schools of Medina and Iraq-that developed through the work of scholarswho extracted God's law from the revealed sources. Further analysis by theauthor suggests that after the middle of the second century A.H., scholars weregenerally engaged in independent thinking on law. ln the same way. al Shafi'ideveloped his own legal theory and brought consistency into law. After him theregional character of the early schools began to disintegrate and faithfulness toone master and his principles gradually predominated.The author discusses the sources of Islamic law beginning with the developmentof the main five categories of judgment of Muslims' aces, namely, theobligatory. the recommended, the neutral, the disapproved, and the prohibited.These categories are ultimately based on four sources: the Qur'an, the Sunnah,ijma' and qiyas. The author first deal with the Qur'an, briefly pointing out thatit is the primary source of legislation and guidance. The author discusses thedoctrine of the abrogation of individual verses in the Qur'an (naskh) in a separatechapter, pointing out the development of the theory of naskh and its significantrole in Islamic jurisprudence. Although naskh is an established doctrine inthe field of Islamic jurisprudence, the author's long analysis of naskh suggeststhat since the Qur'an is eternal there can be no reasonable ground for the thesis ...
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Asmaret, Desi, Alaiddin Koto, and Afrizal M. "TRANSFORMASI HUKUM KELUARGA ISLAM DI INDONESIA: Telaah Pemikiran Rifyal Ka’bah." Al-Ahwal: Jurnal Hukum Keluarga Islam 12, no. 2 (September 22, 2020): 145. http://dx.doi.org/10.14421/ahwal.2019.12203.
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This research discusses about Rifyal Ka'bah’s idea on the transformation of Islamic family law to become the national law. This research focuses on how does Rifyal Ka’bah formulate the methods of the transformation of Islamic family law into national law? What is the influence of the idea of the transformation to the development of Islamic legal thought in Indonesia? This research is a type library research with qualitative descriptive analysis.This research argues that Rifyal Ka’bah believes that gradual transformation of Islamic family law to become National law is the best way to make Islamic family law going down to earth. This can be performed by the issuance of judge's decision with a fair and consistent attitude. From the perspective of theoretical Islamic law, it is very useful to use of ra'y and urf as sources of Islamic law after al-Qur’an, Hadis, and Ijma’ through the process of ijtihad jamā'i and tarjih. Rifyal Ka'bah has given significant influences to the emergence of various efforts of Islamic jurists in revising laws and regulations in accordance with the substance contained in Islamic law, jurisprudence guided by judges throughout Indonesia and changes in the mindset judges to apply the theory of diyāni and qaḍā 'i.Penelitian ini mengkaji pemikiran Rifyal Ka’bah dalam mentransformasikan hukum keluarga Islam menjadi hukum Nasional. Permasalahan utamanya: Bagaimana pemikiran dan sikap Rifyal tentang transformasi hukum keluarga Islam? Apakah metode penggalian hukum yang diterapkan Rifyal? Bagaimana posisi dan pengaruh pemikiran Rifyal dalam khazanah pemikiran hukum Islam di Indonesia? Penelitian bertujuan mewujudkan harmonisasi syari’at Islam dengan hukum Nasional. Penelitian ini menggunakan metode penelitian pustaka dengan analisis deskriptif kualitatif. Temuan penelitian: Pertama, Pemikiran dan sikap Rifyal Ka'bah tentang transformasi hukum keluarga di Indonesia adalah mengubah fikih munakahat menjadi hukum Nasional, yakni memasukkan substansinya berangsur-angsur melalui putusan hakim dengan sikap adil dan konsisten. Kedua, metode penggalian hukum Rifyal Ka'bah adalah pengembangan metodologi uṣul al-fiqh dengan menempatkan ra'yu dan urf sebagai sumber hukum Islam setelah Alquran, hadits dan Ijma’ melalui metode ijtihad jamā'i dan tarjih. Ketiga, Pemikiran Rifyal Ka'bah mempengaruhi berbagai upaya para ahli hukum Islam dalam merevisi hukum dan peraturan sesuai dengan substansi hukum Islam, yurisprudensi yang dipedomani oleh hakim seluruh Indonesia, dan perubahan mindset hakim untuk menerapkan teori diyāni dan qaḍā'i.
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Ahmad Syaripudin and M. Kasim. "Konsep Dasar Ijmak sebagai Sumber Hukum Islam." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 1, no. 1 (April 24, 2020): 28–43. http://dx.doi.org/10.36701/bustanul.v1i1.125.
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This study aimed to describe the basic concept of consensus as source of Islamic law. The description of basic concept of consensus consists of: 1) definition of consensus; 2) status of consensus as a fundament of Islamic knowledge and law; 3) types of consensus; 4) examples of consensus in terms of classical and contemporary Islamic jurisprudence; and 5) law of refutation against consensus. The research applied a qualitative-descriptive approach with library research methods combined with content analysis of a number of books and related articles. The results show that: 1) consensus is an agreement of scholars of mujtahid among the people of Prophet Muhammad saw. on an shari issue that is not obviously found in the Koran and hadis in the period after the Prophet which has specific pillars and conditions; 2) of consensus in its position as a source of knowledge and Islamic law is in the third row after the Koran and hadis; 3) types of consensus include ṣarīh consensus and sukūtī consensus, and some divides it into qat’i consensus and dzanni consensus; 4) some examples of consensus: a) forms of classical Islamic jurisprudence consensus: the agreement of the scholars regarding the prohibition of marrying grandmother and granddaughter, that grandson and son are in one position in terms of inheritance division, that inheritance portion for grandmother is one sixth if there is no mother, and consensus of the companions to codify the Koran owing to benefits that appeared during the caliphate of Abu Bakr al-Shiddiq ra. b) Forms of contemporary Islamic jurisprudence: validity of human organ transplants, brain death, animal and human cloning, joint-stock companies, stock exchanges, globalization, and compliance with international institutions, regulations and laws such as world education organizations and world trade organizations; and 5) law of those who refute consensus in absolute manner (totality) are considered disbelievers.
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Maftuhin, Arif. "Adakah Ruang Ijtihad Untuk Isu Homoseks?" Musãwa Jurnal Studi Gender dan Islam 2, no. 1 (March 30, 2003): 29. http://dx.doi.org/10.14421/musawa.2003.21.29-40.
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Thus far the views of experts of Islamic jurisprudence regarding homosexuality have been very clear in forbidding it. The Alqur'an, Hadith and Ijma' are the bases of the prohibition on marriages of this kind, although jurists differ in their views on the punishment for homosexual behaviour. Malik, ash-Shafi'i and Ahmad equate the punishment for homosexual acts with that for adultery, whereas Abu Hanifah views it as a ta'zir punishment (one determined by the government). Meanwhile, the· view of some that homosexuality is a natural and predetermined phenomenon presents its own challenges: how will Islamic law respond to the claim that homosexuality is a part of our basic human rights that must be protected?
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Khan, M. A. Muqtedar. "Reason and Individual Reasoning." American Journal of Islam and Society 16, no. 3 (October 1, 1999): v—xi. http://dx.doi.org/10.35632/ajis.v16i3.2101.
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The term “ljtihad” itself means to strive hard. But it has been widely usedto imply independent reasoning in the development of Islamic jurisprudence.The contemporary understanding, shared widely by formally trainedIslamic jurists, defines Ijtihad as an intellectual tool that seeks to articulateIslamic laws about issues on which the Qur’an and the Sunnah are decidedlysilent. This standard and orthodox conceptualization of Ijtihad, theoreticallylimits the role of reason to analogical thinking on mundane matters.Even though most Islamic thinkers do use reason quite judiciously inthe interpretation of revalation. The point that is often ignored in discussionsof Ijtihad, its meaning, role, scope and functions, is that the conceptualization of Ijtihad itself is the product of Ijtihad. The development of the‘usd uZ-fiqh, the principles of jurisprudence, and the systematic articulationand rank ordering of the sources of Islamic Law - Qur’an, Sunnah, ijma,Ijtihad, ‘urfand musZu& - are all products of an Ijtihad much wider inscope than its standard understanding. In a remarkably curious development,a conceptually wider process of Ijtihad has spawned a rather meektheory of Ijtihad.Taking a second look at the discussion between Imam Shafi‘i and hisinterlocutor on the Qur’anic sources of Ijtihad,’ one is amazed at how ImamShafi’i is able to build a whole theory out of a single verse. We are turningto Imam Shafi‘i because he has arguably left the most enduring andunshakeable impact on the structure of Islamic legal thinking and in particularon the theory of Ijtihad. In his response to the question, “Is Ijtihad permiadin the Qur’an?” Imam Shafi‘i derives the instrument from only oneverse of the Qur‘an and then supports it with just one other.Turn then thy face in the direction of the Sacred Mosque: whereveryou are turn your faces in that direction. (2:144) ...
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Fakhrizal Idris, Muhammad Yusram, and Azwar Iskandar. "Salat Jumat Daring dalam Perspektif Hukum Islam." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 2, no. 1 (April 21, 2021): 110–29. http://dx.doi.org/10.36701/bustanul.v2i1.326.
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This study aims to: (i) know the valid requirements of Friday prayers; and (ii) analyze the validity of Friday prayers by online from the perspective of Islamic law. This research is qualitative descriptive research with library study techniques and theological-normative (syar’ī) and philosophical approaches. The results of study show that: (i) Friday prayer is a mandatory worship based on the Qur'an, Sunnah and ijmak, which have the pillars and conditions that must be observed for the sake of validity; (ii) the implementation of Friday prayers y online is invalid. At least this can be reviewed from two aspects; first, aspects of the basic principles and objectives derived from Islamic sharia (maqāṣid al-syarī'ah), where keeping Friday prayers in accordance with the Sunnah of the Prophet Muhammad saw. became part of hifzu al-dīn (keeping religion) so that it should not change the pattern of Friday prayer that the original law is a whole building. Islamic law has given rukhsah for every Muslim who is obliged to pray Friday prayer to replace it with Zuhr prayer when there is something that prevents it; second, the aspect of Islamic jurisprudence review, where Friday prayers require the existence of prayer congregations and is not validly performed individually. Analogizing online Friday prayers with online marriage contracts is incorrect because the law of qiyas must be analogous to the original law that has direct evidence and should not be to legal products or other qiyas results.
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Fauzi, Fauzi. "GUIDELINES FOR IJTIHAD IN RESPONDING TO THE CONTEMPORARY PROBLEMS." ALQALAM 32, no. 2 (December 31, 2015): 260. http://dx.doi.org/10.32678/alqalam.v32i2.541.
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Terminologically, ijtihad means to give all out the efforts. This term is being used specifically on a task that needs 'energy plus'. In terms of Jurisprudence Islamic Scholars, this term means to give out the efforts in producing and resulting shariajurisprudence and law. ljtihad is never ends as being mentioned by ulemas, first, it is impossible for ijtihad ro hu stopped except with the ended of asl al-taklil (responsihility) which means the Resurrection Day. Second it is impossible for ijtihad to be ended before this world ruins. A mujtahid must be able to comprehend the Arabic language until he can understand the term extrinsically and intrinsically. He also must be able to comprehend the interpretation of al-Qur 'an especially rhat are related with jurisprudence and law (ayat al-ahkam) accompanied with his knowledge regarding khabar and the competent Companions in their field. Meanwhile in Hadith field, a mujtahid must be able to differentiate between Hadith Sahih than Hadith Dhaif, whether with knowing the narrators and their justice or scrutinize it through the book of al-sahihah, comprehend khabar, matan and sanad including with the ability to recognize the narrator, ta’dil and tajrih, the last time they narrated hadith, a specific questions that becomes the cause of Hadith being revealed, differentiate between the law whether they are compulsory, Sunnah, forbidden and permissible until they are not mixed among them. They also must be able to comprehend the argument that becomes consensus (ijma) between the scholars until not to produce other ijtihad that oppose with them. Fifth, apprehend the position of analogical (qiyas) in terms of theoretically and practically. Furthermore, there are differences between ijtihad (ijtihad ) methods during every ages which are during the revelation (sharia) phase, during the companions' ijtihad age, during the tabi 'in ijtihad age, during ijtihad sect (mazhab) age. It involves lots of new and contemporary incident that do not exist during rhe era of Prophet Muhammad pbuh. Hence, a ijtihad must be made to extract a law regarding the particular issues that are being arisen.
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Wijayanti, Ratna, and M. Meftahudin. "Kaidah Fiqh dan Ushul Fiqh Tentang Produk Halal, Metode Istinbath dan Ijtihad dalam Menetapkan Hukum Produk Halal." International Journal Ihya' 'Ulum al-Din 20, no. 2 (November 2, 2018): 241. http://dx.doi.org/10.21580/ihya.20.2.4048.
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<p>The purpose of the discovery of Islamic law must be understood by the mujtahid in order to develop legal thinking in Islam in general and answer contemporary legal issues whose cases are not explicitly regulated by the Koran and Hadith, especially those related to the field of muamalah. In reviewing the matter to be determined by law, the Indonesian Ulema Council Fatwa Commission is based on the Qur'an and Sunnah as its main source. In this context, there are several methods used by the Indonesian Ulema Council Fatwa Commission. First, every Fatwa Decree must have a basis on the Book of Allah and the Sunnah of the Apostle that is not bad, and not contrary to the benefit of the people. Second, if it is not found in the Book of Allah and the Sunnah of the Apostles, the Fatwa Decree should not contradict ijma ', qiyas that mu'tabar, and other legal arguments, such as ihtisan, maslahah mursalah, and saddu al-dzari'ah. Third, before making a decision before deciding on a fatwa, it must first be carefully studied for each problem presented to the MUI at least a week before the trial. If the problem is clear the law (qath'iy) let the commission convey it as it is, and the fatwa will fall after the text is known from the Koran and the Sunnah. Whereas in the case of khilafiyah occurring among the schools of thought, what is stated is the result of tarjih after observing the jurisprudence of muqaran (comparison) using the rules of ushul fiqh muqaran related to scholarship.</p>
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Nasution, Khoiruddin. "DASAR WAJIB MEMATUHI UNDANG-UNDANG PERKAWINAN (UUP): STUDI PEMIKIRAN MUHAMMAD ‘ABDUH." ADHKI: Journal of Islamic Family Law 1, no. 1 (November 21, 2019): 1–16. http://dx.doi.org/10.37876/adhki.v1i1.8.
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One reason why the Marriage Law (UUP) is not obeyed is related to the status of compliance. According to the majority of Muslims, the status of obeying the contents of the UUP is related to and is a matter of the State, not related to the legality of religion, not related to the validity of marriage. Instead Muhammad 'Abduh is a thinker who believes that obeying the UUP is part of an obedient obligation to the government (uli al-amr), the same status as being obliged to obey Allah and His messengers, as required in al-Nisa' (4): 59 and 83. Thus, obeying the UUP is part of implementing compliance with the government. So obeying UUP is an obligation for every Muslim. Likewise, the UUP as a decision of people's representatives is an expression of the agreement of all the people. The people are represented by people who are elected by the people (people's representatives), because to gather all the people, at present, is impossible. So the decision of the people's representatives is positioned as the decision of all the people. The decision of the people's representatives for now becomes ijmâ ‘, the third source of Islamic law after the Qur'an and the Sunnah of the Prophet Muhammad SAW. The final basis stipulates the obligation to obey the Marriage Law, compared to fiqh, fatwa, interpretation, and jurisprudence, as a product of Islamic legal thinking, the UUP occupies the most authoritative and comprehensive position, because the UUP is the result of the minds of many scholars and expertise. This paper tries to explain the concept of ‘Abduh.
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Maulana, Irwan. "Implementasi Qawaid Fiqhiyyah Dalam Ekonomi Dan Industri Keuangan Syariah." Asy-Syukriyyah 19, no. 2 (October 2, 2018): 77–90. http://dx.doi.org/10.36769/asy.v19i2.34.
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The existence of Islamic Principles of Jurisprudences (qawa'id fiqhiyyah) is to provide a more practical guide derived from the original text, namely al-Qur'an and al- Hadith to the community. With this, some theologians (ulama) can prepare life guidelines for Muslims in different spheres from time to time and place to place. As is known, Islam gives its people the opportunity through those who have the authority to carry out ijtihad in various ways guided by the Messenger of Allah, through ijma', qiyas, istihsan, istishab, istislah (masalihul-mursalah) and so on to look for truth that has not been explained in detail in the Qur'an and the Hadith of the Muhammad SAW. Likewise, in economic life, or in the treasury of the works of earlier fuqaha commonly called muamalah, the use of qawa'id fiqhiyyah becomes very important. "All forms of muamalah are basically changed (permissible) unless there is a argument that forbids it". This qaidah is the main qaidah in every halal of all forms of economic and financial transactions unless there is a reason for the sharia prohibition. There are at least five qa'idah-hakyyah known as al-Asasiyyatul-Khamsah which in its application ulama classify qawa'id into six different fields, namely mahdhah (special) worship, ahwal as-Syahshiyyah (personal and family matters), you 'amalah maaliyah (economic transactions), jinayah (criminality), siyasah (politics), and fiqh qadhaya (procedural law and justice). The purpose of this paper is to find out how the implementation or implementation of qawaid fiqhiyyah in the sharia economy and financial industry.
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Rahmad, Salman Abdullah. "Pemikiran Muhammad Hashim Kamali dalam “Principle of Islamic Jurisprudence”." FALAH: Jurnal Ekonomi Syariah 2, no. 2 (December 11, 2017): 236. http://dx.doi.org/10.22219/jes.v2i2.5109.
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Tradisi hukum Islam (fiqh) mengenal adanya sumber-sumber hukum yaitu Alquran, Sunnah, Ijma’ dan Qiyas. Landasan penetapan hukum model qiyas asy-Syafi’i memiliki kesamaan secara struktur logika dengan cara berfikir Aristoteles. Akan tetapi, landasan penemuan ‘illat hukum harus didasari pada apa yang ditemukan dalam Alquran, Sunnah, dan Ijma’. Dalam konteks ini, peran akal ada tetapi dibatasi oleh peran teks.
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Ahmed, Arshad A. "Islamic Law." American Journal of Islam and Society 20, no. 2 (April 1, 2003): 124–26. http://dx.doi.org/10.35632/ajis.v20i2.1863.
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If Michael Mumisa's goal in his monograph Islamic Law: Theory & Interpretation is to reacquaint the relatively advanced student with, or perhaps even introduce the intelligent novice to, the early historical development oflslamic law (fiqh) and Islamic jurisprudence (usu/ al-fiqh), it can be said fairly that his work does an adequate job. It would, however, be too generous to hold that it succeeds according to his wishes in making a significant advancement - even if limiting one's scope to the English medium only -toward Islamic jurisprudence's theoretical or interpretive development. This outcome is unfortunate, given the promising first chapter that showcases the author's relative familiarity with the plight of the modern world vis-a-vis the traditional outlook, as well as his cognizance of the impracticability of applying Islamic jurisprudence in the modern world, dominated as it is by competing secular and profane forces at every practical level of law, polity, and policymaking. Very few, if any, contemporary Islamic jurists (faqaha ') or legal scholars (those steeped infiqh or usul alfiqh but not licensed to practice) demonstrate a priori knowledge of the nuances of modernity's philosophical underpinnings sufficient enough to engage in any meaningful discourse that would constitute an enduring guidepost by which, as Mumisa proposes, to "revive and broaden the discipline of usu! al-fiqh in order to bring about a methodology which will truly enable us [i.e., Muslims] to refer all our matters to Allah and His Messenger." Upon learning of Mumisa's motivation, the Muslim reader's cautious optimism is that, finally, here comes one of those rare Islamic legal scholars who can identify the modem world's intellectual errors as well as those of the contemporary Muslims who deal with them ...
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Quraishi, Asifa, and Mohammad Hashim Kamali. "Principles of Islamic Jurisprudence." Journal of Law and Religion 15, no. 1/2 (2000): 385. http://dx.doi.org/10.2307/1051529.
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Rohayana, Ade Dedi, and Ali Muhtarom. "Islamic Jurisprudence Implementation in Indonesia: Perspective of the Objectives of Islamic Law." Global Jurist 21, no. 2 (April 16, 2021): 403–15. http://dx.doi.org/10.1515/gj-2020-0078.
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Abstract Islamic jurisprudence (fiqh) is flexible and open to respond to the dynamics of time. This paper aims to reveal the Indonesian Islamic jurisprudence implementation from the perspective of the objectives of Islamic law (maqashid al-syari’ah). Using historical and social analysis, this study finds that Indonesian Islamic jurisprudence has been adapted to the Indonesian people’s cultural values. Here, maqashid al-syari’ah perspective is used to resolve seemingly conflicting arguments and establish laws for the cases which are linguistically not covered within Al-Qur’an and Hadith. The findings of this study imply that the Indonesian Islamic jurisprudence does not contradict the Islamic law sources.
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Kamali, Mohammad Hashim. "Methodological Issues in Islamic Jurisprudence." Arab Law Quarterly 11, no. 1 (1996): 3. http://dx.doi.org/10.2307/3381731.
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Sodiq, Yushau. "Islamic Natural Law Theories." American Journal of Islam and Society 28, no. 3 (July 1, 2011): 143–45. http://dx.doi.org/10.35632/ajis.v28i3.1243.
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Emon’s Islamic Natural Law Theories, is an excellent source of researchfor specialists in Islamic jurisprudence. It is not for the general public.Emon divides his work into five chapters: Introduction, Hard Natural Law,The Critique of Hard Natural Law, Soft Natural Law, and Conclusion. Bothhis style and his usage of words are fascinating. His understanding of thepremodern works on Islamic jurisprudence (usul al-fiqh) reflects his indepthresearch and comprehension of classical works. His rendering of jurisprudentialterms (alfaz usuliyyah) into English language also marks hisgreat familiarity with Islamic sources. This work is an excellent addition tothe literature on Islamic law.Emon’s work focuses on the ontological authority of reason in theShari‘ah. He investigates the use of reason in establishing a rule of lawalongside the source texts. He explicates the meanings of natural law asunderstood by premodern jurists and explains to what extent, in the absenceof source texts, can good and bad (husn and qubh) assume sufficientnormative authority, which will result in Shari‘ah obligation.Emon affirms that the use of reason in Shari‘ah has been debated extensivelyby Muslim jurists. While many scholars rejected the authority ofreason in legislation, others endorsed it. However, in practice, all scholarsresort to it in one form or another. From chapter one to the end, Emon successfullyexplains with lucidity the concept of good and bad. He analyzesthis concept from the perspectives of major Muslim scholars from differentschools of Islamic jurisprudence. He selects leading scholars from eachschool ‒ like Qadi Abdul Jabbar, Abu Husayn al-Basri, Abu Bakr al Jassas,al-Ghazali, al-Qarafi, al-Shatibi, Ibn Hazm al-Zahiri, and others ...
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Swazo, Norman K. "Rehabilitating Islamic Ethics." American Journal of Islamic Social Sciences 26, no. 2 (April 1, 2009): 1–22. http://dx.doi.org/10.35632/ajiss.v26i2.376.
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The debate between modernity and postmodernity in western discourses about law and morality calls for a similar debate in contemporary Islam. For Islam, the question is whether a rehabilitation of its classical discipline of ethics (`ilm al-akhlaq) may contribute to international morality even as it disabuses Islam of privileging Islamic jurisprudence (`ilm al-fiqh), which conceives of the Shari`ah as merely law. Islam’s strong tradition of ethical discourse is similar to the West’s classical and contemporary formulations of virtue ethics. Such a renewal constitutes a postmodern opportunity for contemporary Islam as it faces the globalization of western values and jurisprudence.
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Swazo, Norman K. "Rehabilitating Islamic Ethics." American Journal of Islam and Society 26, no. 2 (April 1, 2009): 1–22. http://dx.doi.org/10.35632/ajis.v26i2.376.
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The debate between modernity and postmodernity in western discourses about law and morality calls for a similar debate in contemporary Islam. For Islam, the question is whether a rehabilitation of its classical discipline of ethics (`ilm al-akhlaq) may contribute to international morality even as it disabuses Islam of privileging Islamic jurisprudence (`ilm al-fiqh), which conceives of the Shari`ah as merely law. Islam’s strong tradition of ethical discourse is similar to the West’s classical and contemporary formulations of virtue ethics. Such a renewal constitutes a postmodern opportunity for contemporary Islam as it faces the globalization of western values and jurisprudence.
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Al-Nabhan, Muhammed Farouq, and Kathryn Lydiatt. "The Learned Academy of Islamic Jurisprudence." Arab Law Quarterly 1, no. 4 (August 1986): 388. http://dx.doi.org/10.2307/3381416.
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Al-Nabhan, Muhammed Farouq. "The Learned Academy of Islamic Jurisprudence." Arab Law Quarterly 1, no. 4 (1985): 388–93. http://dx.doi.org/10.1163/157302585x00194.
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Haque, Amber. "Forensic Psychiatry in Islamic Jurisprudence." American Journal of Islam and Society 19, no. 3 (July 1, 2002): 111–14. http://dx.doi.org/10.35632/ajis.v19i3.1925.
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Forensic psychiatry deals with mental illness from a legal perspective. The term forensic is derived from the Roman word forum, a meeting place where legal judgments were made on cases of a legal nature. In a sense, that ancient forum has become the modern legislature and courtroom. The forensic psychiatrist is not only a physician, but one who enters the house of law trying to protect the interest of society as a whole. There are many books on this subject, but the one under review claims to be the first to deal with forensic psychiatry from an Islamic perspective. The author, Kutaiba Chaleby, is a Distinguished Fellow of the American Psychiatric Association (APA) and has worked in the clinical, academic, and administrative settings for many years in both Muslim and non-Muslim countries. In the introduction, Chaleby points out that the legal system in most Islamic countries is derived from British or other European legal traditions as a result of colonialism, except in matters of personal status, family relationship, and inheritance laws. However, he contends that this scenario is changing, as many Islamic countries are now trying to use Islamic law in their courts. Saudi Arabia is an exception, since it was never influenced by any type of western legal system and uses the Shari'ah in all legal matters, including forensic cases. While forensic psychiatry, as such, does not exist in Islamic literature, its major issues of concern have been addressed by Muslim scholars over the years. The present work is intended as a basic guide for psychiatrists to make decisions on forensic cases from an Islamic perspective. The author also hopes to "illuminate" the thinking and practice of modern secular forensic psychiatrists. A short account of Islamic law covering the ...
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Edwar, Ahmad. "Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 19, no. 2 (October 5, 2020): 303–18. http://dx.doi.org/10.15408/kordinat.v19i2.18994.
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INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation
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Edwar, Ahmad. "Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 19, no. 2 (October 5, 2020): 303–18. http://dx.doi.org/10.15408/kordinat.v19i2.18994.
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INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation
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El-Saha, Muhammad Ishom. "Mengatasi Kelangkaan Tafsir Ahkam di Tengah Komunitas Penggiat Fikih Nusantara." SUHUF 3, no. 2 (November 5, 2015): 219–34. http://dx.doi.org/10.22548/shf.v3i2.71.
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Study on Islamic jurisprudence in Indonesian is very vigorous and developed in accord with the dynamics of society’s life in Indonesia. Starting from the study of Islamic jurisprudence on worship, marriage and even on social life in line with the revival of shariah economy. However, although the study theme of Islamic jurisprudence is getting wider, it has not aroused the mark for the interest revival of Indonesian muslim scholars to study in depth and width about the Quranic exegesis of the law yet. This writing is made to encourage those who may concern on this issue that it is advisable to those vigorously study the Islamic jurisprudence in Indonesia redesign the pattern of the study of Islamic jurisprudence to be more systematic by emphasizing its study on the Quranic exegesis of the law. This writing explains that the study of Islamic jurisprudence using the approach of the Quranic exegesis of the law will lead to the comprehensive undertanding on the problems of Islamic jurisprudence.
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Masadah, Masadah. "Antisipasi hukum Islam dalam menjawab problematika kontemporer (kajian terhadap pemikiran maslahah mursalah al-Ghazali)." Ta'dibia: Jurnal Ilmiah Pendidikan Agama Islam 6, no. 2 (April 18, 2017): 71. http://dx.doi.org/10.32616/tdb.v6.2.19.71-80.
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The article below traces how Islamic law anticipates occurring of contemporer problematics according to Ghazali’s Maslahah Mursalah thought. According al-Ghazali, Maslahah Mursalah can be made as an argument for Islamic law determining if it fulfils many requirements: maslahat is suitable with syara’, maslahat is not contrary with al-Qur’an, as-Sunnah, and ijma, and maslahat is existing in daruriyat level or hajiyat that in same level with daruriyat. Maslahah mursalah is not independent dalil that stand alone from al-Qur’an, as-Sunnah, and Ijma’, but it is one of Islamic law istimbat methode. In other word, maslahah mursalah is not resource of Islamic law but methode of Islamic law discovering. Assembling of maslahah mursalah as dalil for Islamic law determining, it makes many moslems contemporer problematics can be known and determined although their law status not mentioned in al-Qur’an and as-Sunnah. So, maslahah mursalah assembling makes Islamic law always appropriate whenever and wherever.
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Masadah, Masadah. "Antisipasi hukum Islam dalam menjawab problematika kontemporer (kajian terhadap pemikiran maslahah mursalah al-Ghazali)." Ta'dibia: Jurnal Ilmiah Pendidikan Agama Islam 6, no. 2 (April 18, 2017): 71. http://dx.doi.org/10.32616/tdb.v6i2.19.
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The article below traces how Islamic law anticipates occurring of contemporer problematics according to Ghazali’s Maslahah Mursalah thought. According al-Ghazali, Maslahah Mursalah can be made as an argument for Islamic law determining if it fulfils many requirements: maslahat is suitable with syara’, maslahat is not contrary with al-Qur’an, as-Sunnah, and ijma, and maslahat is existing in daruriyat level or hajiyat that in same level with daruriyat. Maslahah mursalah is not independent dalil that stand alone from al-Qur’an, as-Sunnah, and Ijma’, but it is one of Islamic law istimbat methode. In other word, maslahah mursalah is not resource of Islamic law but methode of Islamic law discovering. Assembling of maslahah mursalah as dalil for Islamic law determining, it makes many moslems contemporer problematics can be known and determined although their law status not mentioned in al-Qur’an and as-Sunnah. So, maslahah mursalah assembling makes Islamic law always appropriate whenever and wherever.
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Lange, Christian, Maksim Abdul Latif, Yusuf Çelik, A. Melle Lyklema, Dafne E. van Kuppevelt, and Janneke van der Zwaan. "Text Mining Islamic Law." Islamic Law and Society 28, no. 3 (July 20, 2021): 234–81. http://dx.doi.org/10.1163/15685195-bja10009.
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Abstract Digital humanities has a venerable pedigree, stretching back to the middle of the twentieth century, but despite noteworthy pioneering contributions it has not become a mainstream practice in Islamic Studies. This essay applies humanities computing to the study of Islamic law. We analyze a representative corpus of works of Islamic substantive law (furūʿ al-fiqh) from the beginnings of Islamic legal jurisprudence to the early modern period (2nd/8th-13th/19th c.) using several computational tools and methods: text-reuse network analysis based on plain-text annotations and html tags, clustered frequency-based analysis, word clouds, and topic modeling. Applying machine-guided distant reading to Islamic legal texts over the longue-dureé, we study (1) the role of the Qurʾān, (2) patterns of normative qualifications (aḥkām), and (3) the distribution of topics in our corpus. In certain instances the analysis confirms claims made in the scholarly literature on Islamic law, in other instances it corrects such claims.
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Hasbi, Muhammad. "METODE IJTIHAD T. M. HASBI ASH-SHIDDIEQY SEBAGAI PRODUK PEMIKIRAN HUKUM ISLAM." DIKTUM: Jurnal Syariah dan Hukum 15, no. 1 (June 12, 2017): 109–26. http://dx.doi.org/10.35905/diktum.v15i1.429.
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Abstract: This paper will examine the method of ijtihad Hasbi Ash-Shiddieqy in giving birth to Islamic legal thought products. Ijma ', qiyas, Istihsan, maslahah al-mursalah, and' urf is a method or means in producing law as a product of Islamic legal thought. The five principles that enable Islamic law to develop in keeping with the times, namely; first; principle of ijma '. Second, the principle of qiyas. Third; maslahah al-mursalah. Fourth; maintenance 'urf. Fifth; changing law with changing times.
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Ikhsan, Muhammad. "Sejarah Mazhab Fikih di Asia Tenggara." Nukhbatul 'Ulum 4, no. 2 (December 21, 2018): 20–39. http://dx.doi.org/10.36701/nukhbah.v4i2.39.
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This study explains the historical aspects of the spread of Islamic Jurisprudence in South East Asia which cannot be separated from the history of the spread ofIslam itself in Southeast Asia. It also describes the existence of Islamic jurisprudence as indicated by the intellectual works of Southeast Asian Islamic Jurisprudence scholars, especially in the Shafi'i School. The existence of Islamic jurisprudence was then developed in the form of influences that influence the National Constitution in South East Asia, especially in Indonesia, in the form of Compilation of Islamic Law.
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Zayyadi, Ahmad. "Dinamika Modernisasi Hukum Islam: Tinjauan Historis dalam Pembacaan Mazhab Sociological Jurisprudence." Al-Manahij: Jurnal Kajian Hukum Islam 14, no. 1 (June 2, 2020): 99–112. http://dx.doi.org/10.24090/mnh.v14i1.1800.
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This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.
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Safi, Louay M. "Islamic Law and Society." American Journal of Islam and Society 7, no. 2 (September 1, 1990): 177–91. http://dx.doi.org/10.35632/ajis.v7i2.2789.
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Shari'ah (Islamic law) has been the dominant moral and legal code ofMuslim societies for the gnxter part of their history. During the early centuriesof Islam, Shari'ah hcilitated the social growth and develojment of the Muslims,growth that culminaa in the establishment of a vast emph and an outstandmgcivilization. By the close of the fifth century of Islam, however, Shari'ahbegan to lose its role as the guiding force that inspired Muslim creativityand ingenuity and that nurtured the growing spirit of the Muslim community(Ummah). Consequently, the Ummah entered a period of stagnation thatgradually gave way to intellectual decline and social decadence. Regrettably,this painful trend continues to be more or less 'part of the individualconsciousness and collective experience of Muslims.This paper attempts to trace the development of the principles of Islamicjurisprudence, and to assess the impact of Shari'ah on society. It argues thatthe law ceased to grow by the sixth century of Islam as a result of thedevelopment of classical legal theory; more specifically, law was put on hold,as it were, after the doctrine of the infallibility of ijma' (juristic consensus)was articulated. The rigid principles of classical theory, it is contended, havebeen primarily induced by the hulty epistemology employed.by sixth-centuryjurists.Shari'ah, or Islamic law, is a comprehensive system encompassing thewhole field of human experience. It is not simply a legal system, but rathera composite system of law and morality. That is, Islamic law aspires to regulateall aspects of human activities, not only those that may entail legalconsequences. Hence, all actions and relationships are evaluated in accordancewith a scale of five moral standards.According to Shari'ah, an act may be classified as obligatory (wajib),recommended (mandub), permissible (mubah), reprehensible (makruh), orprohibited (haram). These five categories reflect the varying levels of moral ...
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Bouchiba, Abdellatif. "أثر عمل أهل المدينة و تطبيقاته في الجزائر." Al-Ahkam 18, no. 1 (October 10, 2018): 27. http://dx.doi.org/10.21580/ahkam.2018.18.1.2164.
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<p>This paper describes <em>'amal ahl Madīnah </em>(the activity of the Medina people), which became one of the judges of Imām Mālik and his influence on the practice of the activity of the Algerian people which incidentally was Maliki. The charity of the Medina expert is the <em>ijmā’</em> <em>ahl Madīnah</em> (agreement of the Medina people) for several reasons; first, that the Islamic Shari'a and its jurisprudence descended on Medina; Second, the inhabitants of Medina listened and watched the revelation come down, so that they understood the condition of the Prophet at the time of the revelation. Third, that their transmission takes precedence over transmission other than that. Among the Medina Expert charities used in Algeria is the problem of agricultural/plant zakat, the problem of milk content that can make a woman become <em>maḥrām</em> for children who in their arrangement and become one of the verses in the Family Law in Algeria.</p><p>[]</p><p>هذا البحث فيه بيان عن عمل أهل المدينة الذي يعتبره الإمام مالك حجة كما فيه بيان عن أثر عمل أهل المدينةفي تطبيقاته الفقهية العملية في الجزائر، التي عُرفت باعتمادها على المذهب المالكي في الفقه و الفتوى . فعمل أهل المدينة يعتبر إجماعا عند الإمام مالك وذلك لأسباب: أولا، أن القرآن المشتمل على الشرائع وفقه الإسلام نزل في المدينة ، وأهلها هم أول من وجه إليهم التكليف ، ومن خوطبوا بالأمر والنهي ، وأجابوا داعي الله فيما أمر ، فهي دار هجرة النبي عليه الصلاة والسلام ومهبط الوحي ، ومستقر الإسلام ، وجمع الصحابة ، فلا يخرج الحق عن أهلها .ثانيا، أنّ أهل المدينة شاهدوا التنزيل، وسمعوا التنزيل ، وكانوا أعرف بأحوال الرسول .ثالثا، أنّ رواية أهل المدينة مقدمة على رواية غيرهم ، فكان إجماعهم حجة على غيرهم. ومن التطبيقات الفقهية العملية في الجزائر التي تعتمد على عمل أهل المدينة هي مسألة في زكاة الفلاحة المتمثلة في الفواكه والخضروات وكذلك مسألة المقدار المحرم في الرضاعة هذا هو المعمول به في الجزائر بين الناس وفي قانون الأحوال الشخصية الجزائرية.</p>
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Salaymeh, Lena. "Imperialist Feminism and Islamic Law." Hawwa 17, no. 2-3 (October 23, 2019): 97–134. http://dx.doi.org/10.1163/15692086-12341354.
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Abstract This article presents three arguments about defects in imperialist feminism. First, I show that imperialist feminists engage in decontextualized comparisons: they consistently compare Western women to the Muslimwoman, without comparing Muslim men and women or comparing non-Muslim men and women. These inconsistent comparisons are the source of significant misrepresentations of Muslim women. Second, I propose that imperialist feminists view Muslim women through the heteronormative male gaze. That is, when imperialist feminists assess Muslim women’s practices, they implement the normative assumptions of heterosexual males in the West. Third, I argue that imperialist feminists incorrectly presume that Western women enjoy full autonomy or fail to recognize that women everywhere do not enjoy full autonomy. I present medieval Islamic legal ideas about a wife’s right to sexual fulfillment as evidence that the liberal myth of autonomy is not translatable to orthodox Islamic jurisprudence.
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Hamid, Syed Sarfaraj. "Influence of Western Jurisprudence over Islamic Jurisprudence: A Comparative Study." Northern University Journal of Law 4 (December 14, 2015): 13–26. http://dx.doi.org/10.3329/nujl.v4i0.25938.
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Tawfik, Ahmed Hamdy. "The Concept of Crime in the Afghan Criminal Justice System: The Paradox between Secular, Tradition and Islamic Law: A Viewpoint of an International Practitioner." International Criminal Law Review 9, no. 4 (2009): 667–87. http://dx.doi.org/10.1163/156753609x12487030862700.
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AbstractIn modern Afghanistan, one major problem with which legal scholars struggle is identification of the concept of crime. While crime is identified and defined in the Afghani Secular Penal Code of 1976, as well in Islamic Law (Shari'ah), jurisprudence of the courts and traditions take precedence in the everyday lives of Afghanis. Court's jurisprudence and the traditional dispute-resolution system are deemed to be a product of Islamic jurisprudence, notwithstanding that, in some cases, they represent an erroneous interpretation and application of Shari'ah as this article will examine. This article focuses on the concept of crime in Islamic law and analyses the court's jurisprudence and traditional system, which are widely applied throughout different parts of Afghanistan, and seeks to identify their relationship between Islamic and secular laws and whether they are consistent with Islamic Shari'ah.
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Baderin, Mashood. "Understanding Islamic Law in Theory and Practice." Legal Information Management 9, no. 3 (September 2009): 186–90. http://dx.doi.org/10.1017/s1472669609990302.
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AbstractProfessor Mashood Baderin of the School of Oriental and African Studies explains the basic concepts of Islamic law. He discusses its sources, including the distinction between Sharīcah and Fiqh and its methods and principles. He concludes with a discussion of the various Schools of Islamic jurisprudence.
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Muhammadin, Fajri Matahati. "ACHIEVING AN HONEST RECONCILIATION: ISLAMIC AND INTERNATIONAL HUMANITARIAN LAW." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 27, no. 3 (February 10, 2016): 579. http://dx.doi.org/10.22146/jmh.15877.
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The compatibility between Islamic law and international law has been a long lasting source of both academic discussion and social friction. This includes the Islamic laws on conduct of war (IsHL), especially in context of the Middle East conflicts. This article explores how there are two extreme opinions: ‘Islamophobes’ and apologists –both of them being dishonest. It will be shown that there are multi-level possibilities of relations between IsHL and International Humanitarian Law including possible incompatibilities, and that an ijma is a good room for reconciliation.
Kompatibilitas hukum Islam dan hukum internasional telah lama menjadi sumber debat akademis dan friksi social. Termasuk diantaranya adalah hukum Islam terkait pelaksanaan perang, terutama di tengah konflik Timur Tengah seperti sekarang. Artikel ini mengamati dua pendapat ekstrim: ‘Islamofobik’ dan ‘apologist’ –keduanya tidak jujur. Akan ditunjukan ada berbagai tingkat kemunginan hubungan antara hukum perang Islam dan Hukum Humaniter Internasional, termasuk diantaranya adalah kemungkinan pertentangan, lalu bagaimana dibutuhkan sebuah ijma untuk menyelesaikan masalah tersebut.
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Baldwin, James E. "Prostitution, Islamic Law and Ottoman Societies." Journal of the Economic and Social History of the Orient 55, no. 1 (2012): 117–52. http://dx.doi.org/10.1163/156852012x628518.
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AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provinces of Egypt and Syria between the mid-sixteenth and mid-eighteenth centuries.
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Aljloud, Saad A. "Comparing the Law Related to Market Manipulation in Islamic Law and US Law." Asian Social Science 16, no. 1 (December 31, 2019): 80. http://dx.doi.org/10.5539/ass.v16n1p80.
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The financial markets have been beset by large-scale market manipulations since its beginning. This article focuses on comparing the laws of market manipulation of the US and Islamic law and how Muslim countries get benefits from US regulation of financial markets. This will investigate market manipulation from US law and Islamic perspective. This article will present a comprehensive step review of the Islamic law regarding market manipulation. Also this article begins with a snapshot of financial markets in US law and the meaning of manipulation. Understanding more about the way the jurisprudence was designed to adapt to the existing laws and institutions of the Islamic Shariah will help place some of the unique features in Islamic law of financial markets.
We will discuss the Islamic doctrine ḥisbah (حسبة‎) which means ‘accountability’ or a duty to ‘enjoin good and forbid wrong’ and how it benefits Islamic financial markets. Finally we will discuss whether principles of market manipulation, supplemented in Islamic law, have attained their purpose.
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Mujahid, Ilham. "Transformasi Fikih Munakahat tentang Hukum Menikahi Wanita Ahli Kitab ke dalam Kompilasi Hukum Islam Pasal 40 Huruf (C)." Istidlal: Jurnal Ekonomi dan Hukum Islam 3, no. 1 (April 11, 2019): 81–91. http://dx.doi.org/10.35316/istidlal.v3i1.131.
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There are three elements examined in this article, namely: legal transformation, Islamic law, and compilation of Islamic law. Legal transformation is a change of law from a legal system to another legal system with characteristics that are not the same so that it changes shape, nature and substance. Islamic law question is the dimension of marriage fiqh which is transferred to the Compilation of Islamic Law, with the process of national legislation. The substance of Jurisprudence about the prohibition of marrying expert women of the Book from the books of Jurisprudence became the focus of the study, then traced how the transformation process into the Compilation of Islamic Law Article 40 letter (c).
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Jadalhaq, Iyad Mohammad. "Duress and Its Impact on Contracts in the uae Law on Civil Transactions: Analytical Study in the Light of Islamic Jurisprudence." Arab Law Quarterly 31, no. 1 (February 9, 2017): 30–53. http://dx.doi.org/10.1163/15730255-12341331.
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This research addresses and analyses ‘duress’ and its impact on contracts, being one of the defects in consent, as regulated by the uae legislators in the Law on Civil Transactions. uae legislators have gleaned duress-related provisions from Islamic jurisprudence, as per its approach to regulation of the provisions of civil transactions. Therefore, this research needs to be referred to the different Schools of Islamic jurisprudence, these being the source of the uae Law on Civil Transactions. The research concluded that there is consensus among scholars of Islamic jurisprudence, as to the fact that duress affects a contract; however, these scholars hold differing views as to the extent of such impact. The research further concluded that the uae legislators have derived the legal regulation of duress from the Ḥanafī and Mālikī Schools of Islamic Sharīʿah—though there are some differences between these Schools—and the research arrives at additional conclusions and makes some recommendations.
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Mahasneh, Nisreen S. "Liability Exemption for Failure to Perform under both the Vienna Convention for International Sale of Goods 1980 and Islamic Jurisprudence." Arab Law Quarterly 24, no. 1 (2010): 73–103. http://dx.doi.org/10.1163/157302510x12607945807278.
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This paper discusses the concept of liability exemption and its conditions under the Vienna Convention for International Sale of Goods 1980 as compared with Islamic Juris-prudence. Also discussed are other related issues, such as liability exemption involving a third party, partial impediment and temporary impediment. It appears that the Convention deals with the legal consequences of liability exemption in a way distinct from all other systems, including the Islamic Jurisprudence, in the sense that it keeps the contract in force and only prevents damages. However, the conditions for an impediment under the Convention closely resemble those in Islamic Jurisprudence.
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Gayat, Shariff, and Radiya Dagman. "Economic corruption between the Islamic Jurisprudence and Algerian Law." Bait Al Mashura Journal, no. 05 (October 10, 2016): 133–75. http://dx.doi.org/10.33001/m101020160525.
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تسعى هذه الدراسة إلى تقديم رؤية وصفية حول دور الاقتصاد الإسلامي في مكافحة الفساد الاقتصادي، من منطلق أن الفساد الاقتصادي هو ظاهرة تنجم أساساً عن عدم تطبيق ما أمر الله به، وعدم الانتهاء عن ما نهانا الله عنه، أي عدم الالتزام بأحكام ومبادئ الشريعة الإسلامية بصفة عامة، وفي مجال المعاملات الاقتصادية بصفة خاصة. وأمام كون الفساد ظاهرة خطيرة عرفتها كافة المجتمعات في كل الأزمنة والعصور، وحجمها آخذ في التفاقم إلى درجة أصبحت تهدد مجتمعات كثيرة بالجمود وربما بالانهيار، لذلك فإن مواجهة هذه الظاهرة في ظل النظام الحالي لم يعد يجدي نفعاً، بل إن لجوء دولنا العربية إلى النظام الإسلامي أصبح ضرورة حتمية لا مناص منها لمعالجة ومكافحة هذه الظاهرة. وبالتالي نجد أن الاقتصاد الإسلامي قد قدّم، بنظامه المتميز ومبادئه الراقية المستمدة من كتاب الله سبحانه وتعالى وسنة رسوله الكريم محمد (صلى الله عليه وسلم)، حلولاً جذرية لمشكلة الفساد – بصفة عامة – والفساد الاقتصادي بصفة خاصة، وهذا ما سيؤدي حتماً إلى تحقيق تنمية مستدامة في دولنا العربية عامة، والجزائر خاصة. الكلمات المفتاحية : الاقتصاد الإسلامي، الفساد، الفساد الاقتصادي، القانون الجزائري.
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Ismanto, Reno. "اغتصاب الزوجة في القانون محو العنف العائلي الإندونيسي مقارنا بالفقه الإسلامي." ASY SYAR'IYYAH: JURNAL ILMU SYARI'AH DAN PERBANKAN ISLAM 4, no. 2 (December 5, 2019): 279–301. http://dx.doi.org/10.32923/asy.v4i2.1007.
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The purpose of this research is to analyze the issue of marital rape provided in the law on the elimination of family violence - Law No. 23 of 2004th- and the draft of book of Indonesian criminal law, compared to Islamic jurisprudence through the views of scholars in the case. The research found the following results: there is difference in meaning of term of rape between Islamic jurisprudence and Indonesian Law. The term of rape in Islamic Jurisprudence formed from two elements: forbidden intercourse and coercion. While the rape in Indonesian Law is based on the absence of choice in intercourse, and its applicable to married and unmarried persons. Although the Islamic Juriprudence and Indonesian Law have same views in prohibition any actions of violence againts women, however the difference between two laws in the concept of the rape has implications in type of punishmen toward this crime.
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János, Jany. "The Four Sources of Law in Zoroastrian and Islamic Jurisprudence." Islamic Law and Society 12, no. 3 (2005): 291–332. http://dx.doi.org/10.1163/156851905774608279.
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AbstractIt is "only our lack of familiarity with Sasanian law," von Grunebaum opined (1970: 37), "that prevents us from uncovering its traces in the fiqh". And Joseph Schacht argued that Sasanian law did have an influence on Islamic law. But neither Schacht nor any other modern scholar has provided persuasive evidence for such influence. In this article I argue that the influence of Sasanian legal theory on Islamic legal theory in the formative period was minimal, at best. It is true that, like Islamic law, Sasanian law was based on four sources: (1) The Awesta or holy book of the Zoroastrians; (2) oral law; (3) the consensus of the sages; and (4) the judicial practice of the courts (kardag). However, the possibility of Iranian influence on early Islamic jurisprudence is limited by historical, cultural, geographical and chronological factors, and the evidence of the sources suggests that Sasanian legal thinking was distinctive from that of the Sunni usulis.
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Maruf, Ashiquddin Mohammad. "Crime and Punishment under Islamic Jurisprudence: An Introspection." Northern University Journal of Law 3 (March 20, 2014): 15–22. http://dx.doi.org/10.3329/nujl.v3i0.18392.
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Umam, Khairul. "Penyerapan Fiqh Madzhab Syafi’i dalam Penyusunan Kompilasi Hukum Islam." Journal de Jure 9, no. 2 (December 30, 2017): 117. http://dx.doi.org/10.18860/j-fsh.v9i2.6991.
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<p>Islamic Law Compilation is still an interesting topic to study by Muslim scholars in Indonesia. The Islamic Law Compilation is a typical Indonesian jurisprudence used as reference for religious court judges. This article aims to identify the use of the Shafi'ite school on the rules of marriage in the Islamic Law Compilation. This article comes from normative research with a descriptive approach. The results of this study show that the influence of the Shafi'i school is more dominant in the Islamic Law Compilation. However, the compilers of the Islamic Law Compilations used the opinion of other schools. The articles relating to the requirements, pillars and procedures for implementing marriage are absorbed from the provisions of the Shafi'ite jurisprudence. Such as marital proposal, marriage guardian, ijab qabul, and dowry. the Islamic Law Compilation is not only collecting or adopting the classical jurisprudence of Islamic scholars, but it also provides a new provision that has not yet existed in the treasures of the previous Islamic jurisprudence.</p>Kompilasi Hukum Islam masih menjadi bahan menarik untuk dikaji oleh sarjana muslim di Indonesia. Kompilasi Hukum Islam merupakan fiqh khas Indonesia yang dijadikan rujukan bagi hakim pengadilan agama. Artikel ini bertujuan mengidentifikasi penggunaan mazhab Syafi’i pada aturan perkawinan dalam Kompilasi Hukum Islam. Artikel ini berasal dari penelitian normatif dengan pendekatan deskriptif. Hasil penelitian ini menujukkan bahwa Pengaruh mazhab Syafi’i lebih dominan dalam penyusunan Kompilasi Hukum Islam. Meskipun demikian, para perumus Kompilasi Hukum Islam menggunakan pendapat mazhab lain. Pasal-pasal yang berkaitan dengan syarat, rukun dan tata cara pelaksanaan perkawinan diserap dari ketentuan fiqh mazhab Syafi’i. Seperti peminangan, wali nikah, ijab qabul, mahar. Kompilasi Hukum Islam bukan hanya sekedar mengumpulkan atau mengadopsi pandagan ulama fiqh klasik. Akan tetapi memberikan ketentuan baru yang belum ada dalam khazanah fiqh terdahulu.
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Barghouthi, Orobah Ali. "Shari‘ah Governance: An Islamic Economic System." International Journal of Shari'ah and Corporate Governance Research 1, no. 1 (October 23, 2018): 22–25. http://dx.doi.org/10.46281/ijscgr.v1i1.57.
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This paper examines the roots of shari‘ah in order to provide a solid theoretical foundation that is needed for understanding Islamic jurisprudence in general and Islamic transactional law in particular. Without this minimum understanding of shaiī‘ah, it would be rather difficult to discuss Shari‘ah governance.