Islamic Jurisprudence on Reproductive Technology: A Methodological Appraisal

2014 ◽  
pp. 389-395
Author(s):  
Sayed Sikandar Shah Haneef
Keyword(s):  
Reproductive Technology ◽  
Islamic Jurisprudence

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Theological Principles in the Qur'an: Sūrat al-Baqara as a Model

2011 ◽  
Vol 13 (1) ◽  
pp. 155-139
Author(s):  
Hasan Shafie
Keyword(s):  
Present Article ◽  
Vital Role ◽  
Islamic Jurisprudence

In this study we propose the establishment of theological rules (qawāʿid iʿtiqādiyya) similar to the jurisitic rules (qawāʿid fiqhiyya) which have for centuries been very important to Islamic jurisprudence, and which play a vital role in jurisprudence and uṣūl al-fiqh. The present article takes the second sura of the Qur'an, Sūrat al-Baqara, as a case study, identifying three fundamental principles in this sura: (i) man is honoured (al-insān mukarram), (ii) the Resurrection is a reality (al-baʿth ḥaqq) (iii) belief in all prophets is obligatory (al-īmān bi-kāfat al-anbiyāʾ wājib). These three rules are emphasised and reiterated in many parts of the sura, to a greater extent than any other principle. This study calls for other scholars to consider this proposition and develop it further.

Encountering Ambiguity: Muʿtazilī and Twelver Shīʿī Approaches to the Qur'an's Ambiguous Verses

2016 ◽  
Vol 18 (3) ◽  
pp. 91-115 ◽  
Author(s):  
Tehseen Thaver
Keyword(s):  
Eleventh Century ◽  
Arabic Language ◽  
Conceptual Approach ◽  
Islamic Jurisprudence ◽  
Primary Determinant ◽  
Linguistic Challenges ◽  
Qur'anic Exegesis ◽  
Exegetical Tradition ◽  
Qur'an Commentaries ◽  
Early Islamic

Within the broader discipline of Qur'anic exegesis, the sub-genre of the mutashābihāt al-Qurʾān (the ambiguous verses of the Qur'an) is comprised of works dedicated to the identification and explication of those verses that present theological or linguistic challenges. Yet, the approach, style, and objective of the scholars who have written commentaries on the ambiguous verses are far from monolithic. This essay brings into focus the internal diversity of this important exegetical tradition by focusing on the Qur'an commentaries of two major scholars in fourth/eleventh-century Baghdad, al-Sharīf al-Raḍī (d. 406/1016) and Qāḍī ʿAbd al-Jabbār (d. 415/1025). Al-Raḍī was a prominent Twelver Shīʿī theologian and poet while ʿAbd al-Jabbār was a leading Muʿtazilī theologian during this period; al-Raḍī was also ʿAbd al-Jabbār's student and disciple. Through a close reading of their respective commentaries on two Qur'anic verses, I explore possible interconnections and interactions between Shīʿī and Muʿtazilī traditions of exegesis, and demonstrate that while ʿAbd al-Jabbār mobilised the language of Islamic jurisprudence, al-Raḍī primarily relied on early Islamic poetry and the etymology of the Arabic language. Methodologically, I argue against a conceptual approach that valorises sectarian and theological identity as the primary determinant of hermeneutical desires and sensibilities.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Copyright on the View of Indonesia Law and Islamic Jurisprudence

2015 ◽  
Vol 6 (8) ◽  
pp. 1538-1549
Author(s):  
A’rasy Fahrullah ◽  
Djoko Mursinto
Keyword(s):  
Islamic Jurisprudence

The role of inflammatory cytokines in the pathogenesis of premature labor in multiple pregnancy as a result of ART

2016 ◽  
pp. 73-76
Author(s):  
B.M. Ventskivskiy ◽  
◽  
I.V. Poladych ◽  
S.O. Avramenko ◽  
◽  
...  
Keyword(s):  
Assisted Reproductive Technology ◽  
Inflammatory Cytokines ◽  
Proinflammatory Cytokines ◽  
Local Level ◽  
Multiple Pregnancy ◽  
Reproductive Technology ◽  
System Level ◽  
Premature Labor ◽  
Pro Inflammatory Cytokines

In recent years there has been an increase in the frequency of multiple pregnancies and the associated perinatal losses. It is a result of multiple pregnancy in ART refers to a high-risk gestation, at which premature births occur in 2 times more often than in singleton pregnancies. The objective: to determine the role of pro-inflammatory cytokines in the pathogenesis of premature labor in multiple pregnancy, as a result of assisted reproductive technology. Patients and methods. to determine the pro-inflammatory cytokines that all pregnant with bagtopliddyam held immunosorbent assay, defined concentrations of interleukin (IL) in serum and cervical mucus. Results. The analysis of the levels of pro-inflammatory cytokines (IL-1, IL-8) in the test environment, found high concentrations in the surveyed women with multiple pregnancy, due to the use of ART, compared with spontaneous multiple and singleton pregnancy. Increased concentration of proinflammatory cytokines in patients with multiple pregnancy by ART is associated with their synthesis at the system level, it stimulated foci of inflammation in the female genitals and extragenital localization. This correlates with the clinical data and statistical analysis, patients with multiple pregnancy as a result of ART had weighed infectious-inflammatory history. Conclusion. The study showed that elevated levels of proinflammatory cytokines in the systemic and local level in patients with multiple pregnancy due to ART, typical for women with miscarriage, because of the physiological course of pregnancy characterized by the predominance of anti-inflammatory cytokines that prevent rejection of the fetus as a foreign factor. Based on the data obtained proved the role of systemic inflammatory factors in the genesis of preterm labor in women with a multiple pregnancy, as a result of assisted reproductive technology. Key words: multiple pregnancy, assisted reproductive technology, premature birth, interleukine-1, interleukine-8.

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