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Journal articles on the topic 'Ijtihād (Islamic law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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1

Galadari, Abdulla. "Ijtihād Holds Supremacy in Islamic Law: Muslim Communities and the Evolution of Law." Religions 13, no. 4 (2022): 369. http://dx.doi.org/10.3390/rel13040369.

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While the traditional view of Islamic law (sharīʿah) and jurisprudence is to consider the Qur’an as the starting point for legal matters, followed by the prophetic tradition, and then resorting to various forms of “ijtihād”, it is argued here that the Qur’an was not really held in a position of legal supremacy. Since the time of the earliest Muslim community, it is “ijtihād” that has created the criteria by which Qur’anic and even prophetic rules are to be kept, suspended, and contradicted. Therefore, the Qur’an is not viewed historically as having legal supremacy for Islamic law and is not co

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Makhlouf, Ahmed Gad. "Evolution of Islamic Law in the 20th Century: The Conception of Collective Ijtihād in the Debate Between Muslim Scholars." Oxford Journal of Law and Religion 9, no. 1 (2020): 157–78. http://dx.doi.org/10.1093/ojlr/rwaa019.

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Abstract In order to meet the demands of modern life and its complexities, Muslim scholars developed in the 20th century a new instrument of Islamic legal finding, namely al-ijtihād al-jamāʿī [collective independent legal reasoning (ijtihād)]. The latter serves at present as a basis for the technical work within various institutions of contemporary Islamic law, in particular the fiqh academies. This article examines collective ijtihād as a newly developed concept of modern Islamic Law. By focusing on discussions among contemporary Muslim scholars about this concept, I aim to outline certain th

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Nakissa, Aria. "An Epistemic Shift in Islamic Law." Islamic Law and Society 21, no. 3 (2014): 209–51. http://dx.doi.org/10.1163/15685195-00213p02.

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In this article, I combine textual research with ethnographic data collected at al-Azhar and Dār al-ʿUlūm to investigate how the modernization of traditional religious learning has transformed the character of Islamic legal doctrine. I argue that changes in educational techniques have produced a shift in “episteme”. Whereas traditional religious learning was dominated by language-based conceptions of knowledge, modern reforms have reoriented education towards new conceptions modeled on the natural sciences. This transformation has fundamentally altered patterns of legal reasoning, particularly

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Hussain, Mubasher. "The Continuation of Ijtihād." ISLAMIC STUDIES 60, no. 1 (2021): 31–51. http://dx.doi.org/10.52541/isiri.v60i1.1522.

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This article deals with legal thought of Shāh Walī Allāh, an outstanding religious thinker of eighteenth-century Muslim India, who emerged as one of the most prominent proponents of independent legal reasoning (ijtihād). According to Walī Allāh, ijtihād has always been a communal duty and thus it stipulates the existence of jurists capable of independent legal reasoning (mujtahids) in all ages. His thought-provoking response to the issues concerning ijtihād and taqlīd has led to a great deal of attention from scholars in both the East and the West. However, there remains the controversy of whe

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Sa’dan, Saifuddin, Husni Mubarrak, Hamdiah Hamdiah та Amir Muhammed Kafei Kjoor. "IMKĀNIYĀT AL-IJTIHĀD AL-ISTIṢLĀHĪ WA ISHĀMĀTUHU LI HALL AL-QADHĀYĀ AL-FIQHIYYAH AL-MU’ĀṢARAH: DIRĀSAT FĪ FATĀWĀ JĀ’IHAH COVID FĪ INDONESIA". Jurnal Ilmiah Islam Futura 24, № 1 (2024): 198. http://dx.doi.org/10.22373/jiif.v24i1.14967.

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This article would like to discuss one of the theories of ijtihād that is well-recognized in the science of ushūl fiqh, namely the theory of ijtihād istiṣlāhiy, in terms of its concept and its application to solve contemporary Islamic law by making the fatwas of the Covid-19 in Indonesia as the object of study. Even though a fatwa is a legal notification which is legal and unbinding, fatwa is certainly not produced from a vacuum, but has gone through a process of understanding the details of the proposed Islamic law issue and studying it using the appropriate ijtihād method, one of which is ij

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Bantekas, Ilias. "The Disunity of Islamic Criminal Law and the Modern Role of Ijtihād." International Criminal Law Review 9, no. 4 (2009): 651–65. http://dx.doi.org/10.1163/156753609x12487030862746.

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AbstractIslamic law, and criminal law in particular, have been closed since its heyday of legal scholarship to external influences and new theoretical arguments and constructs. This, it is argued, is due to the lack of enlightened and revered scholarship that will enhance Islamic law and which is currently unavailable. This situation is unlike early and classical Islam where legal argumentation flourished and Islamic scholarship was generally open to external currents and philosophical ideas. Despite these limitations Islamic criminal law has not coalesced to shield itself from foreign element

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7

Aljloud, Saad A. "Ijtihād and Ikhtilāf: Re-interpreting Islamic Principles in Contemporary Times." Arab Law Quarterly 28, no. 1 (2014): 85–98. http://dx.doi.org/10.1163/15730255-12341273.

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Abstract Islamic law has emerged from a range of highly religious treaties to highly practical methods, which have resulted in its practices established on a worldwide level. There are several interpretations of the Qurʾān and Sunnah, which in turn have led to differences in methodological practices and opinion. In relation to Islamic financial law, this article will investigate how each opinion derives and coincides with Shariʿah law in its own way, thoroughly explaining why differences (ikhtilāf) have occurred and exist. In the author’s opinion, differences in schools of thought (ikhtilāf) a

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Bahrudin, Moh, Tulus Suryanto, and Mohd Mizan Bin Mohammad Aslam. "The Implementation of Ijtihād Jamā'iy in MUI's Fatwa Commission." Walisongo: Jurnal Penelitian Sosial Keagamaan 28, no. 2 (2020): 125–44. http://dx.doi.org/10.21580/ws.28.2.6293.

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The Holy Quran and Sunnah contain universal values that require correct reasoning to be understood and applied by the Muslims. In this context, the scholars have been justified by Allah Almighty to undertake the ijtihād and ijmā’. This study aims to describe the ijtihād jamā’iy (collective ijtihād theory), as well as to analyze the implementation of ijtihād jamā’iy at MUI’s Fatwa Commission in Lampung. This study is a combination of literature and field research. The data were obtained through literature studies of books, articles, and journals in related issues. Besides, the authors also int

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Khalifah, Nur, and Miftakhul Rohman. "METODOLOGI Metodologi Istinbath Hukum Imam Asy-Syafi’i." SINDA: Comprehensive Journal of Islamic Social Studies 2, no. 2 (2022): 37–51. http://dx.doi.org/10.28926/sinda.v2i2.469.

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Ijtihād is a thought process to find out the law of a problem based on the most appropriate argument. Correct ijtihad will be able to provide answers to the problems at hand. The basis of true ijtihād is the ability to explore the arguments from the Qur'an and hadith and then process them using qualified tools, supported by correct and consistent methodologies. These three components with the addition of the most important factor, namely the straightness of intentions and an objective view, will undoubtedly be able to produce legal certainty for the problems that are often asked by mankind. Un

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Abbasi, Muhammad Zubair. "Judicial Ijtihād as a Tool for Legal Reform: Extending Women’s Right to Divorce under Islamic Law in Pakistan." Islamic Law and Society 24, no. 4 (2017): 384–411. http://dx.doi.org/10.1163/15685195-00244p04.

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In a series of judgments starting in 1959, Pakistani judges reformed Islamic family law by extending women’s right to no-fault based divorce (khulʿ). For this purpose, they directly interpreted the Qurʾān and Sunnah, and removed the requirement of the consent of a husband for judicial khulʿ. This article analyses the methods and the methodological tools that Pakistani judges used to justify the unilateral right of women to no-fault judicial divorce. The analysis shows that instead of following the opinions of classical jurists, Pakistani judges exercised independent legal reasoning (ijtihād).

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Jamaa, La. "Kontribusi Muhammadiyah terhadap Dinamika Pemikiran Hukum Islam Kontemporer di Indonesia." AL-IHKAM: Jurnal Hukum & Pranata Sosial 12, no. 1 (2017): 127–48. http://dx.doi.org/10.19105/al-lhkam.v12i1.1215.

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Muhammadiyah memiliki Majelis Tarjih dan Tajdid dengan kompetensi melakukan ijtihad terhadap berbagai problem hukum yang dialami umat Islam, baik dalam bentuk pemikiran ulang terhadap aturan hukum Islam yang telah ada, maupun menemukan dan menetapkan hukum terhadap peristiwa baru pada era modern. Ijtihad Muhammadiyah terhadap permasalahan hukum Islam kontemporer yang tidak ada nashnya, menggunakan ijtihād, baik secara bayāni, qiyāsi, maupun istislāhi serta sadd al-zari’ah dengan tetap mengacu kepada prinsip jalbu masalih wa daf’u mafāsid. Ijtihad Muhammadiyah tersebut telah menghasilkan berbag

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Moath Alnaief and Kotb Rissouni. "A Critical Analysis of the Claim that Absolute Juristic Interpretation (Ijtihād) Has Ended." Journal of Islamic Thought and Civilization 12, no. 2 (2022): 28–40. http://dx.doi.org/10.32350/jitc.122.03.

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This article critically analyzes the dominant opinion prevailing regarding the foundation of Islamic jurisprudence (uṣūl al-fiqh) which states that absolute independent juristic interpretation (al-ijtihād al-muṭlaq al-mustaqill) is no longer possible. Therefore, based on the belief that this level of interpretation requires the creation of a unique method for deriving legal rules (istinbāṭ), a method that arguably ended with the founders of the primary schools of law. This research inspects a new interpretive method which was not developed by late scholars. Consequently, the article uses legal

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Ahmed, Sajjad, and Muhammad Shahbaz Manj. "U-2 The Juristic Decisions and Resolutions about Modern Islamic Finance and economics issued by Islamic Fiqh academy India." Al-Aijaz Research Journal of Islamic Studies & Humanities 4, no. 2 (2020): 25–48. http://dx.doi.org/10.53575/u2.v4.02(20).25-48.

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According to the Quran and Sunnah, the Sharī‘ah ruling for the new incidents derived by the process of Ijtihad. From the Sharī‘ah sources, ijtihad is a prerequisite for the survival of Islam law in a modern world. It plays a crucial role in applying Shari‘ah to contemporary society. Ijtihad is categorized into two types as individually as well as collectively. In the era of globalization and specialization, the collective method of ijtihad is preferably required to be embraced. Collective Ijtihad is a practical mechanism for determining the Shari‘ah’s opinion on modern issues facing Muslim com

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Bachtiar, Hasnan. "Theologising Democracy in the Context of Muhammadiyah’s Ijtihād." Indonesian Journal of Islam and Muslim Societies 12, no. 1 (2022): 165–200. http://dx.doi.org/10.18326/ijims.v12i1.165-200.

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This article focuses to examine the process of Muhammadiyah’s ijtihād has evolved, specifically in constructing the notion of Negara Pancasila sebagai Dār al-‘Ahd wa al-Shahādah (the state of consensus and witness) and the arguments on which it is built. The scholarly issues that have been highlighted in this article are study on this specific discourse has not been done yet, the ijtihad in the field of Siyar (law of war and international relations in Islamic traditions) which has been elaborated with ideas of contemporary social sciences is very rare, and the discourse of Siyar has dominantly

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15

Wiederhold, Lutz. "Legal Doctrines in Conflict:." Islamic Law and Society 3, no. 2 (1996): 234–304. http://dx.doi.org/10.1163/1568519962599096.

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AbstractAccording to Western legal historians, the closing of the door of Ijtihād shortly after the formation of the law schools resulted in a long period of sterility in Islamic legal thought and rigid adherence to traditional rules in legal practice. But what did Muslim scholars have in mind when they used the term Ijtihād? Do the sources point to any change in Muslim jurists' understanding of the notion of Ijtihād? And if so, is this change entirely the result of theoretical debate? Drawing on a wide variety of legal sources, supplemented by historiographical and prosopographical sources fr

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Nashirudin, Muh, and Mudofir Mudofir. "The Authority of Majelis Tafsir Al-Qur’an (MTA) Fatwa: Critical Review of the MTA’s Sunday Morning Brochure." Al-Manahij: Jurnal Kajian Hukum Islam 12, no. 2 (2018): 163–76. http://dx.doi.org/10.24090/mnh.v12i2.1634.

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This paper discusses the authority behind the Sunday Morning Brochure by Majelis Tafsir Al-Qur’an (MTA). The Sunday Morning Brochure is a study material given on Sunday morning and distributed to MTA members, and they can be regarded as a fatwa or the result of the MTA’s ijtihād in understanding the sources of Islamic law. From the documentations and interviews, this research finds that the study materials on the MTA’s Sunday morning brochures have been designed by a team of experts under the supervision of Ahmad Sukina. However, the brochures are, in fact, only prepared individually by the ch

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Kemper, Michael. "Ijtihād in Putin’s Russia? Signature Fatwas from Moscow and Kazan." Journal of the Economic and Social History of the Orient 65, no. 7 (2022): 935–60. http://dx.doi.org/10.1163/15685209-12341585.

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Abstract The present article analyzes the recent fatwa production by two of Russia’s major muftiates, the traditionalist Spiritual Administration of Muslims of the Republic of Tatarstan (DUMRT) in Kazan and the modernist Spiritual Administration of Muslims of the Russian Federation (DUMRF) in Moscow. The author investigates the methodologies that Russia’s muftis follow when elaborating fatwas, and the global links that surface from their source bases. DUMRT’s taqlīd, or imitation, of elements of the Ḥanafī school of Islamic law is contrasted with DUMRF’s program of ijtihād. DUMRF’s claims to i

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Gould, Rebecca. "Ijtihād against Madhhab: Legal Hybridity and the Meanings of Modernity in Early Modern Daghestan." Comparative Studies in Society and History 57, no. 1 (2015): 35–66. http://dx.doi.org/10.1017/s0010417514000590.

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AbstractThis article explores the interface of multiple legal systems in early modern Daghestan. By comparing colonial engagements with legal plurality with indigenous genres of Daghestani legal discourse, I aim to shed light on the plurality of legal systems that preceded as well as informed legal discourse under colonialism. The Daghestani turn to ijtihād (independent legal reasoning) in the early modern period parallels the turn away from cādāt (indigenous law) that shaped modern Islamic as well as colonial legal regimes, albeit with radically distinctive genealogies. In tracing these inter

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Abdelgawwad, Ossama. "Research Handbook on Islamic Law and Society." American Journal of Islamic Social Sciences 36, no. 4 (2019): 121–24. http://dx.doi.org/10.35632/ajiss.v36i4.606.

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The premise of the adaptability, flexibility, and compatibility of Islamic normative teachings (sharīʿa) to new social contexts is already documented by many scholars, including John Bowen’s On British Islam: Religion, Law, and Everyday Practice in Shari‘a Councils and Michael G. Peletz’s Islamic Modern: Religious Courts and Cultural Politics in Malaysia. Unlike those works, this textbook is organized by theme which provides a unique contribution to our understanding of the overall function of contemporary Islamic law. Such an approach shows that the ‘right’ answer in one country is not necess

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Abdelgawwad, Ossama. "Research Handbook on Islamic Law and Society." American Journal of Islam and Society 36, no. 4 (2019): 121–24. http://dx.doi.org/10.35632/ajis.v36i4.606.

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The premise of the adaptability, flexibility, and compatibility of Islamic normative teachings (sharīʿa) to new social contexts is already documented by many scholars, including John Bowen’s On British Islam: Religion, Law, and Everyday Practice in Shari‘a Councils and Michael G. Peletz’s Islamic Modern: Religious Courts and Cultural Politics in Malaysia. Unlike those works, this textbook is organized by theme which provides a unique contribution to our understanding of the overall function of contemporary Islamic law. Such an approach shows that the ‘right’ answer in one country is not necess

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Maftuhin, Arif. "The Historiography of Islamic Law: The Case of Tārīkh al-Tashrī‘ Literature." Al-Jami'ah: Journal of Islamic Studies 54, no. 2 (2016): 369. http://dx.doi.org/10.14421/ajis.2016.542.369-391.

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Tārīkh al-Tashrī‘ (the history of sharia affairs) is a relatively new genre of Islamic historiography and very popular among students of Islamic Law. Despite its popularity, academics of Islamic historiography seem not interested in studying it. There is hardly any academic paper seriously studied the literature. This paper is a first effort to explore the Tārīkhu’t-tashrī‘ literature through a historiographical analysis. As an initial exploration, it argues that Tārīkh al-Tashrī‘ is the latest development of Islamic historiography, developed in the 19th century, but it is a genre of the old I

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Khan, Hafiz Abdul Basit. "فقہ اسلامی کی تشکیل جدید : بنیادی اصول و ضوابط". Journal of Islamic and Religious Studies 5, № 2 (2020): 1–16. http://dx.doi.org/10.36476/jirs.5:2.12.2020.01.

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Rapid development in all fields especially in economic and medical sciences has made the attention of Muslim jurists turned towards a reframing of Islamic legal theory. Dr. Waḥaba al-Zuḥaylī and Dr. Jamāl Al-dīn Aṭiyyah have left behind them rich literature in this regard. Other numerous Muslim jurists have also laid down some principles for reshaping Islamic jurisprudence. Applying the analytical method of research, the author initially investigated the leading principles recommended by these scholars for this reconstruction. He then has very briefly described five basic principles that were

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Nur, Iffatin, M. Ngizzul Muttaqin та Ali Abdul Wakhid. "Reformulasi al-Qawā’id al-Uṣūliyyah al-Tashrī’iyyah dalam Pengembangan Fiqih Kontemporer". Analisis: Jurnal Studi Keislaman 20, № 1 (2020): 47–68. http://dx.doi.org/10.24042/ajsk.v20i1.6573.

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As a first step in extracting Islamic law, namely through the study of texts, qawa'id al-uṣūliyyah al-tasyri’iyah in this way has an important position in the discourse of studying Islamic law. Unfortunately, in today's situation, al-qawā‘id al-uṣūliyyah al-tashrī'iyyah seems to be ruled out. This position is taken by ijtihād models based on a progressive approach rather than an approach to the text. This study is a discourse analysis using a qualitative method with a normative approach. In this study, the author examines the concept of al-qawā‘id al-uṣūliyyah al-tashrī'iyyah which is then for

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Calder, Norman. "Al-Nawawī's Typology of Muftīs and its Significance for a General Theory of Islamic Law." Islamic Law and Society 3, no. 2 (1996): 137–64. http://dx.doi.org/10.1163/1568519962599113.

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AbstractThis essay offers, in Section 2, a translation of al-Nawawī's presentation of the hierarchy of Muftīs. The context of the passage and its terminology and arguments are explored in the other Sections in order to assess their implications for the general character of Islamic juristic activities. Section 1 identifies two themes central to the text, namely loyalty to madhhab and differentiation of the task of the teaching jurist and the muftī. The first of these is elaborated in Section 3, which points to formal qualities of presentation and argument which assert the hermeneutical continui

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Darmalaksana, Wahyudin, Lamlam Pahala, and Endang Soetari. "Kontroversi Hadis sebagai Sumber Hukum Islam." Wawasan: Jurnal Ilmiah Agama dan Sosial Budaya 2, no. 2 (2017): 245–58. http://dx.doi.org/10.15575/jw.v2i2.1770.

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The position of hadith as the source of Islamic law has brought about a problematic long debate between the denial and the defender of hadith. The problemes surrounding the hadith's position concerns the hadith in the aḥad category which is contrasted with the mutawtir category. This study aims to analyze the position of hadith as a source of Islamic law. This researcāh uses qualitative research method through literature study by using a content analysis methode to obtain a conclusion. The discussion of this study presents the arguments surrounding hadith as the source of Islamic law among its

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Hoque, Ridwanul, and MD Morshed Mahmud Khan. "Judicial Activism and Islamic Family Law: A Socio-Legal Evaluation of Recent Trends in Bangladesh." Islamic Law and Society 14, no. 2 (2007): 204–39. http://dx.doi.org/10.1163/156851907781492511.

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AbstractThis article critically examines instances of judicial activism in the field of Islamic family law in Bangladesh in an attempt to assess this judicial trend. Seeing 'judicial activism' mainly as an enlightened application of ijtihād and also as society-specific application of statutes based on, or related to sharī'ah, we highlight the justice-ameliorative role of this concept. The authors argue that judicial activism has led to the amelioration of the status of women in Bangladesh as compared to a traditional construction of the sharī'ah, and that judges have adequate authority and leg

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Djafry, Muhammad Taufan. "Metode Ijtihad Imam al-Syafi'i dalam Kitab al-Risalah." Nukhbatul 'Ulum 2, no. 1 (2016): 185–94. http://dx.doi.org/10.36701/nukhbah.v2i1.14.

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Al-Risālah is a frst book concerns in ushul fkh. This book is written by Imam al-Syāf’ī rh. and contains explainations on rules of islamic argumentation (istidlāl) from al-Qur’ān. Al-Risālah book has gotten the great credit of moslem schoolars up to nowdays, as it is not only a frst book in ushul fkh but it also contains various knowledges in many felds. Imam Syāf’ī ‘s view on ijtihād and its methodology are explained in this book. Imam Syāf’ī’s methods explained in this book are : Making all cases reference to al-Qur’ān, Ḥad Ḥ īṡ, Ijmā’, and the ṣah Ḥ ābah’s sayings and qiyās, determining a l

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Hanaffie Hasin. "قاعدة "تصرف الإمام في الرعية منوط بالمصلحة" وتطبيقها في نازلة كوفيد-19". Ulum Islamiyyah 33, S4 (2021): 319–46. http://dx.doi.org/10.33102/uij.vol33nos4.431.

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Among the factors which play a great effect in causing the change in standard Islamic rulings is the occurance of a sudden widely spread catastrophe or pandemic which has resulted in large numbers of fatalities globally. In our current time, the Covid-19 has widely spread and adversely affected all aspects of daily life. In the time of pandemic or calamity, in general, the ruling government holds a great and heavy responsibilty in learning the Islamic ruling concerning the arising problems and thus taking the best decisions and measure in order to ease public affairs and put them in good order

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Kahera, Akel, and Omar Benmira. "Damages in Islamic Law: Maghribī Muftīs and the Built Environment (9th-15th Centuries C.E.)." Islamic Law and Society 5, no. 2 (1998): 131–64. http://dx.doi.org/10.1163/1568519982599544.

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AbstractThe Mālikī jurists of the Maghrib, or Islamic West, applied the ḥadīth, “no harm shall be inflicted [on anyone] or reciprocated [against anyone]” (lā ḍarar wa-lā ḍirār fī-l-Islām ). This axiom called for the exercise of the muftī's independent reasoning (ijtihād) in matters that were not explicitly clear from the text (naṣṣ) of the Qurʾāan or sunnah. Mālikī jurists used this axiom, which was open to various interpretations, as a basis for rendering legal opinions (fatāwā) in domestic conflicts arising from infractions relating to the socio-spatial world.

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Fadel, Mohammad. "The Social Logic of Taqlīd and the Rise of the Mukhataṣar". Islamic Law and Society 3, № 2 (1996): 193–233. http://dx.doi.org/10.1163/1568519962599122.

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AbstractThe study of the relationship between ijtihād and Taqlīd has been dominated by an approach that privileges ijtihād over Taqlīd on the assumption that the former is an intellectually superior mode of legal reasoning. By analyzing the role of Taqlīd in regulating the actions of muftīs and judges as discussed by post-6th/12th century jurists of the Mālikī school, I conclude that Taqlīd resulted from the desire to have uniform rules rather than as a result of intellectual stagnation. While ijtihād was individualistic and solipsistic, Taqlīd was the result of group interpretation that provi

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Gerber, Haim. "Rigidity Versus Openness in Late Classical Islamic Law: The Case of the Seventeenth-Century Palestinian Muftī Khayr al-Dīn al-Ramlī." Islamic Law and Society 5, no. 2 (1998): 165–95. http://dx.doi.org/10.1163/1568519982599481.

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AbstractIn this study I reexamine some well-known generalizations about Islamic law prior to the impact of the West, e.g., the contention that Islamic law became increasingly closed, based more and more on blind imitation. My examination of the fatwā collection of the seventeenth-century Palestinian Muftī Khayr al-Dīn al-Ramlī suggests that increasing closure never took place. On the one hand al-Ramlī faithfully continues the tradition of his classical predecessors, or, in other words, he practices taqlīd by obligating himself to earlier authorities. On the other hand, his fatwās convey a sens

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Buskens, Léon. "RECENT DEBATES ON FAMILY LAW REFORM IN MOROCCO: ISLAMIC LAW AS POLITICS IN AN EMERGING PUBLIC SPHERE." Islamic Law and Society 10, no. 1 (2003): 70–131. http://dx.doi.org/10.1163/15685190360560924.

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AbstractIn 1957-1958 Moroccan family law was codified in the Mudawwana, a text known for its close adherence to the classical Maliki tradition. Since the early 1980s the debate about reform has become more intense and widespread. The relatively limited reform of the Mudawwana in 1993 was closely linked to the beginnings of a process of cautious democratization. Since then the discussions have become more vehement, especially since the coming to power of a new government in 1998 consisting of former opposition parties. A year later this government presented a plan for extensive family law refor

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Ramić, Šukrija. "THE PRONOUNCED (LITERAL) MEANING OF THE LEGISLATIVE TEXT (AL-MANṬŪQ) IN SHAFII SCHOOL OF LAW". Zbornik radova 17, № 17 (15 грудня 2019): 253–65. http://dx.doi.org/10.51728/issn.2637-1480.2019.17.253.

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This paper explores the theoretical interpretations of the pronounced meaning of the legislative text (al-manṭūq) in the Shafii school of law and the consequences of such an interpretation for the rules that the Shafiis came to through their legal reasoning (ijtihād). At the beginning of the work, the discipline of linguistics is explained in the context of the Methodology of Islamic Law (Uṣūlu-l-fiqh) as well as its significance for ijtihad, followed by the difference between the Ḥanafis and the Shafiis in the classification of textual allusions (ad-dalalāt) of legislative texts, and the ling

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Ansori, Ansori. "Rekonstruksi Metodologi Fikih Kontemporer." Al-Manahij: Jurnal Kajian Hukum Islam 12, no. 2 (2018): 329–40. http://dx.doi.org/10.24090/mnh.v12i2.1302.

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One of the causes of underdevelopment of Muslims is when fiqh is positioned equivalent to naṣṣ (Holy Scripture). When fiqh is equated with naṣṣ, fiqh becomes sacred, there is no courage for people to criticize it, let alone make changes to existing fiqh provisions. As a product of reason (ijtihād), fiqh is not intended as a final legal provision. The ijtihād carried out by the generation after the death of the Prophet Muhammad must be made an important lesson for the need for the development of Islamic law (fiqh) to keep abreast of the times. Another important thing is that applying fiqh law m

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Gould, Rebecca, and Shamil Shikhaliev. "Beyond the Taqlīd/Ijtihād Dichotomy: Daghestani Legal Thought under Russian Rule." Islamic Law and Society 24, no. 1-2 (2017): 142–69. http://dx.doi.org/10.1163/15685195-02412p06.

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As one of the first scholarly studies of Jirāb al-Mamnūn, a collection of letters by the Daghestani Shāfiʿī scholar Ḥasan al-Alqadārī (1834–1910), this article challenges the ijtihād/taqlīd dichotomy within Islamic legal thought and argues for a more comprehensive understanding of the dialectic between reason and authority. Along the way, we examine the influence of al-Alqadārī’s taqlīd-based methodology on his attitudes toward confessional differences within and outside Islam. The article contributes to current debates on the role of reason and authority in the writings of Muslim scholars li

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Ghaly, Mohammed. "Human Embryology in the Islamic Tradition." Islamic Law and Society 21, no. 3 (2014): 157–208. http://dx.doi.org/10.1163/15685195-00213p01.

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The translation of Greek works on medicine and biology into Arabic and their wide dissemination, at the latest by the 6th-7th/12th-13th centuries, in different disciplines of the Islamic tradition were not without consequences, especially for fiqh (Islamic law). In their religio-ethical discussions, Muslim jurists addressed this Greek medical legacy, together with comments and additions made by Muslim and non-Muslim, especially Jewish, physicians. This essay starts with introductory remarks about the main approaches to medical views on human embryology in philosophy and theology. I then focus

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Lucas, Scott C. "ABU BAKR IBN AL-MUNDHIR, AMPUTATION, AND THE ART OF IJTIHĀD." International Journal of Middle East Studies 39, no. 3 (2007): 368a. http://dx.doi.org/10.1017/s0020743807070894.

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This article introduces the legal methodology of independent mujtahid (legal scholar) Abu Bakr ibn al-Mundhir al-Naysaburi (d. 930) in order to shed light on the nature of ijtihād (independent judgment in a legal or theological question) on the eve of crystallization of the four Sunni legal schools. Ibn al-Mundhir's presentation of laws concerning punishment for theft indicates that the Qurʿan and Prophetic hadith played a modest role in early elaboration of Islamic law. Instead, the bulk of this early mujtahid's efforts were devoted to culling and evaluating legal opinions of the companions,

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Rokhmadi, Rokhmadi. "REKONSTRUKSI IJTIHĀD DALAM ILMU UṢŪL AL-FIQH". Al-Ahkam 22, № 2 (2012): 161. http://dx.doi.org/10.21580/ahkam.2012.22.2.9.

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<p>Al-Qur’an and Sunnah, needs of understanding and extracting optimally, so that the contents of law can be applied for the benefit of people. The way- to understand and to extract the contents in these two sources- called <em>ijtihād</em>. Thus, <em>ijtihād</em> is needed on <em>istinbāṭ</em> of law from many arguments of the texts (<em>naṣ</em>), eventhough it is <em>qaṭ’ī</em> in which the uṣūliyyūn have agreed that it is not the area for re-extracting to the law (<em>ijtihādiyyah</em>). The problem in this case

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Mardanova, Dinara. "Полемика вокруг ‘ибадат между Шигабутдином Марджани и его оппонентами". Islamology 7, № 1 (2017): 180. http://dx.doi.org/10.24848/islmlg.07.1.09.

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Dinara Mardanova's article is focused on the problem of Ijtihād and Taqlīd through the debates of Tatar 'ulama' concerning the reform of Muslim law in the section of worship (ibādah). In connection with the problem of Ijtihād and Taqlīd the following issues are discussed: the question of the night prayer 'isha in the Volga-Ural region, the problem of the authority of legal sources, the question of the use of rational methods of cognition in religion as Shariah evidence. All these issues began to be widely discussed after the publication of the work of the famous writer and scholar Sh. Mardjani

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Ayoub, Samy A. "A Theory of a State? How Civil Law Ended Legal Pluralism in Modern Egypt." Journal of Law and Religion 37, no. 1 (2022): 133–52. http://dx.doi.org/10.1017/jlr.2021.79.

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AbstractʿAbd al-Razzāq al-Sanhūrī (d. 1971), the father of the Egyptian legal code, theorized a relationship between dīn (religion) and dawla (state) that was key to his project. In this relationship, al-Sanhūrī posited a delineation between the spheres of dīn and dawla that allowed him to map these categories onto the existing distinction between matters of ʿibādāt (acts of worship) and muʾāmalāt (transactions) in Islamic law (fiqh). I propose that Islamic jurisprudential distinctions between ʿibādāt and muʿāmalāt—for al-Sanhūrī—was the ideal medium to maintain and police the borderlines betw

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Eldersevi, Suheyib, та Razali Haron. "An analysis of maṣlaḥah based resolutions issued by Bank Negara Malaysia". ISRA International Journal of Islamic Finance 12, № 1 (2019): 89–102. http://dx.doi.org/10.1108/ijif-09-2018-0103.

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Purpose This study aims to examine the resolutions issued by the Sharīʿah Advisory Council of Bank Negara Malaysia (SAC-BNM), which have recognized maṣlaḥah (public interest) as the basis of ruling to see the extent of its usefulness to the public and the extent of its adherence to the maṣlaḥah parameters. The study will also look into the opposing opinion to identify the basis of rejection and overall implication on Islamic finance based on opposing opinions of SAC-BNM and other bodies of collective ijtihād (juristic interpretation). Design/methodology/approach The study uses a qualitative ap

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Malik, Ahsen. "The Necessity of a Standard Prenuptial Agreement for American Muslims." Journal of Islamic Faith and Practice 5, no. 1 (2024): 31–52. http://dx.doi.org/10.18060/28093.

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For many Sunni Muslims in the U.S., one of the most important documents in their life might be a marriage contract that unintentionally contains an impermissible amount of gharar (uncertainty). There are seldom disputes when contracts go smoothly, even if gharar is present, but when there are disagreements, it is a cause of major strife. If two Muslims get married, they usually perform a nikāḥ (Islamic marriage contract/ceremony) and then sign a civil marriage contract in their state of residence. Although it would seem that the nikāḥ would imply certain terms for dissolution perhaps based on

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Lhost, Elizabeth. "To Flower and Fructify: Rational Religion and the Seeds of Islam in Nazir Ahmad’s (1830–1912) Late-career Religious Non-fiction." Journal of Islamic Studies 31, no. 1 (2019): 31–69. http://dx.doi.org/10.1093/jis/etz032.

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Abstract Known primarily for his popular and moralizing novels, Nazir Ahmad’s (1830–1912) accomplishments as a scholar of Islam are often omitted from his biography. Yet in addition to working for the British Government of India, participating in Muslim social, political, and educational initiatives on the subcontinent, and demonstrating his linguistic and legal acumen by translating the law codes of British India into vernacular Urdu, Nazir Ahmad also translated religious texts and penned his own original compositions on themes of religion, society, and ethics. Reviewing the ideas presented i

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Fanani, Akhwan. "PERSPEKTIF COULSON TERHADAP RUMUSAN DIALEKTIKA HUKUM ISLAM." Al-Ahkam 22, no. 2 (2012): 121. http://dx.doi.org/10.21580/ahkam.2012.22.2.7.

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<p class="IABSSS">Law will always evolve and dialectic with social dynamics. Coulson see that the dynamics of the Islamic law occurs through the efforts of reinterpretation of Islamic sources when there is a gap between theory and practice. With a historical approach, Coulson mapped the development of Islamic law so that he made six dialectic formulation of Islamic law which is an in-depth reading in seeing the historical development of Islamic law. According to Coulson, Islamic law is idealistic and away from social reality. Islamic law is determined by social facts and reduced as a man

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Marjuni, Marjuni, and Moch Khafidz Fuad Raya. "LIBERAL THINKING IN SALAF PESANTREN, IS IT POSSIBLE? (FREEDOM OF THOUGHT THE SANTRI MA’HAD ALY SUKOREJO, SITUBONDO)." Jurnal Tatsqif 19, no. 2 (2021): 175–91. http://dx.doi.org/10.20414/jtq.v19i2.4307.

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The existence of Ma’had ‘Aly is an exciting thing and brings a narrative of controversy. Since being legalised in 2002, Ma’had ‘Aly has transformed into a modern Islamic educational institution under the auspices of a traditional Salaf pesantren. This article aims to explain Ma’had ‘Aly as an Islamic educational institution that specifically (takhaṣṣuṣ) produces fiqh experts and supports freedom of thought in exploring Islamic law. The research method uses a qualitative approach by studying documents extracted from the history of Ma’had ‘Aly, the takhaṣṣuṣ curriculum, and the Tanwirul Afkar (T

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Shihan, Mohammad, Abdulhamid Mohamed Ali Zaroum та Muhammad Amanullah. "Universal Maqāṣid al-Sharīʿah and Their Modern Application: Towards Ensuring a Peaceful and Secured Environment". Al Hikmah International Journal of Islamic Studies and Human Sciences 4, № 4 (2021): 466–95. http://dx.doi.org/10.46722/hkmh.4.4.21d.

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The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as a valid method of interpreting the revealed text and as a valuable instrument for solving contemporary issues because it helps reform Islamic thought and civilization. Indeed, the idea of maqāṣid al-Sharīʿah has been widely studied and expanded by modern scholars of Islamic legal theory. Chiefly, Ibn ͑Ashur and contemporary MaqÉsid scholars renewed the scholarly discourse and ensured its proliferation and wide acceptance in legal studies. It has emerged as a new science that connects with all othe

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Rizal, Fahmi Ali Syaifuddin. "Criticism Towards Shaḥrūr's Concept of The Prophet's Sunnah". ISLAMICA: Jurnal Studi Keislaman 15, № 2 (2021): 318–48. http://dx.doi.org/10.15642/islamica.2021.15.2.318-348.

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This article deals with the concept of Sunnah proposed by Muḥammad Shaḥrūr and offers a criticism towards his tendency to the denial of the Prophet’s Sunnah (inkār al-Sunnah). Shaḥrūr rejects the Ḥadīth and Sunnah as the second source of Islamic law, by reformulating and redefining the concept of Ḥadīth and Sunnah. Shaḥrūr distinguished between Ḥadīth and Sunnah. According to him, the Ḥadīth is the Qur’ān itself, and the Sunnah has been the practical application (ijtihād) of the Prophet to implement what was revealed to him. Shaḥrūr’s rejection and denial of Ḥadīth and Sunnah are based on the

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Jackson, Sherman. "Taqlīd, Legal Scaffolding and the Scope of Legal Injunctions in Post-Formative Theory:." Islamic Law and Society 3, no. 2 (1996): 165–92. http://dx.doi.org/10.1163/1568519962599104.

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AbstractThe controversy surrounding ijtihād and Taqlīd is well-known in modern scholarship. In the present essay, I offer an alternative to the leading views on this crux by treating the issue of scope in the jurisprudential writings of Shihāb al-Dīn al-Qarāfī as a reflection of the manner and direction in which the Islamic legal tradition tended to develop subsequent to the so-called settling down of the four schools of law. At the center of this development stood the highly intricate and spirited institution of Taqlīd, and I posit a causal relationship between the emergence of this instituti

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Rachmadhani, Fajar, Mualimin Mochammad Sahid, and Ahmad Wifaq Mokhtar. "IMPLEMENTATION OF THE ISLAMIC LAW TRANSFORMATION’S RULE (TAGHAYYUR AHKĀM) DURING COVID-19 PANDEMIC IN THE PERSPECTIVE OF MAJELIS TARJIH MUHAMMADIYAH IN INDONESIA." Malaysian Journal of Syariah and Law 10, no. 1 (2022): 108–17. http://dx.doi.org/10.33102/mjsl.vol10no1.345.

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The study entitled " Implementation Of The Islamic Law Transformation’s Rule (Taghayyur Ahkām) During Covid-19 Pandemic In The Perspective Of Majelis Tarjih Muhammadiyah In Indonesia" aims to uncover and analyze one of the methods and rules of law-making (istinbāth ahkām) carried out by the Muhammadiyah fatwa institution, the Majelis Tarjih dan Tajdid, or known as "Manhaj Tarjih Muhammadiyah." One of the many methods used by Majelis Tarjih in issuing legal decisions and fatwas is the Rules of Islamic Law Transformation (taghayyur ahkām). The research also attempts to contextualize the rules of

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Razi, Naseem. "A Comparative Study of Maṣlaḥah and Mischief Rule: Pakistani Perspective". Journal of Islamic Thought and Civilization 11, № 1 (2021): 335–54. http://dx.doi.org/10.32350/jitc.111.18.

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At present, almost all the legal systems are concerned with establishing a flexible interpretive policy to make the law to resolve the everyday complex issues for the benefit of the people at large. It is, however, a matter of great concern that the higher courts in Pakistan are still following static and foreign interpretive modes like a literal rule, the golden rule, and mischief rule etc, in the presence of dynamic interpretive principles of Islam. In this context, this research aims to analyze critically, the mischief rule and to present maslahah, a vibrant Islamic interpretive principle.

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