YASIN DUTTON, The Origins of Islamic Law: The Qur⊃an, the Muwatta⊃and Madinian⊂Amal (London: Curzon Press, 1999). $80.00 cloth.

2000 ◽  
Vol 32 (4) ◽  
pp. 531-532
Author(s):  
Khaled Abou El Fadl
Keyword(s):  
Significant Contribution ◽  
Islamic Law ◽  
Muslim Community ◽  
General Sense ◽  
The People ◽  
Early Islam ◽  
Islamic Jurisprudence ◽  
Western Scholarship ◽  
Early Islamic

Yasin Dutton makes a significant contribution to our understanding of the juristic activity in early Islam. His book produces a systematic and thorough study of the methodologies and legal techniques of Malik's Muwatta⊃, and in so doing, it sheds important light on the origins of Islamic law. Dutton carefully documents Malik's reliance on the Qur⊃an and the ⊂amal (practice) of the people of Medina in formulating early Islamic legal doctrines. In this context, Dutton challenges much of Western scholarship, which tended to minimize the role of the Qur⊃an and the Prophetic sunna in the development of early Islamic jurisprudence. The Qur⊃an, sunna, and ⊂amal, Dutton argues, formed integral components of early Medinian juristic discourses. Importantly, Dutton calls for a more sophisticated understanding of the concept of ⊂amal. He distinguishes between sunna and ⊂amal and between sunna and hadith. Sunna, Dutton contends, consists of the collective inherited precedent of the Prophet. In many ways, it is the Qur⊃anic precedent as well as the interpretations and ijtih―ad of the Prophet as remembered, in a general sense, by the early Muslim community. ⊂Amal, on the other hand, is the Qur⊃an and sunna in action as well as the interpretations and ijtih―ad of the companions, successors, and successors of the successors. Therefore, in a sense, Dutton argues that all ⊂amal includes the sunna, but not all sunna includes ⊂amal.

The Role of Non-Arab Converts in the Development of Early Islamic Law

1999 ◽  
Vol 6 (3) ◽  
pp. 293-317 ◽  
Author(s):  
Harald Motzki
Keyword(s):  
Eleventh Century ◽  
Islamic Law ◽  
Formative Period ◽  
Considerable Importance ◽  
Jewish Law ◽  
Legal Systems ◽  
Western Scholarship ◽  
Arab Descent ◽  
Early Islamic

AbstractWestern scholarship has attached considerable importance to the role played by scholars of non-Arab descent in the formative period of Islamic law and jurisprudence. This view can be challenged. In a sample taken from a biographical collection of important legal scholars compiled in the fifth/eleventh century, "true" Arabs constituted the majority; three quarters of the non-Arab scholars had an eastern background and came from the regions of the former Sassanian empire; and only a few scholars had clearly Christian or Jewish roots. This result lends no support to the assumption that jurists of non-Arab descent brought solutions from their natal legal systems — Roman, Roman provincial and Jewish law — to early Islamic law.

Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani

2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA
Keyword(s):  
Financial Markets ◽  
Islamic Law ◽  
Financial Service ◽  
Islamic Banks ◽  
Free Society ◽  
The Public ◽  
Turn On ◽  
The People ◽  
Strategic Role

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.

scholarly journals STUDI ANALISIS PUTUSAN PENGADILAN AGAMA JAKARTA SELATAN NO. 1751/P/1989 TENTANG PERKAWINAN MELALUI TELEPON

Al-Qadha ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 9-19
Author(s):  
Muhajir Muhajir
Keyword(s):  
Islamic Law ◽  
Legal Basis ◽  
Marriage Law ◽  
The People ◽  
Islamic Jurisprudence

The legal basis of marriage law in Indonesia Constitution No. 1 of 1974 concerning Marriage and Compilation of Islamic law which is a reduction of Islamic rules regarding marriage, divorce, representation and inheritance originating from classical Islamic jurisprudence literature from various schools which are summarized and adapted to the needs of the people of Indonesia. The two legal bases regarding the marriage are expected to be a legal basis for the Indonesian people who will carry out the marriage. But in the practice of implementing marriage in the community, many new things appear that are ijtihad because there are no rules specifically set out to regulate such matters such as marriage through telephone. 

scholarly journals Pemaksaan Zakat oleh Pemerintah dalam Perspektif Hukum Islam dan Penerapannya di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 78-97
Author(s):  
Khaerul Aqbar ◽  
Sulkifli Herman ◽  
Asri
Keyword(s):  
Islamic Law ◽  
Data Sources ◽  
The Internet ◽  
Muslim Community ◽  
Sociological Approach ◽  
Library Research ◽  
Scientific Papers ◽  
The Government ◽  
Written Sources

This study aims to examine how the application of zakat at the time of the Prophet. and khulafaurasyidin as well as examining how the zakat enforcement system in Indonesia and its application from the perspective of Islamic law. In this study, the authors use a type of library research (library research) whose data sources are obtained from written sources, including books, laws, fiqh books, journals, the internet, and other scientific papers related to the object under study, by using Sharia normative theological approach, juridical approach, and sociological approach. The research results found by researchers are as follows; First, zakat is one of the pillars in supporting the economy of Muslims to overcome economic, social, educational, and health disparities in the country of Indonesia. second; The imposition of zakat in Indonesia can be done by revising the contents of law number 23 of 2011, which is to reduce tax for muzakki on zakat that has been fulfilled. third; the government can impose zakat on the Indonesian Muslim community as long as it can manage zakat by the Sharia without any element of cheating in it. fourth; zakat can be enforced in Indonesia if it can strengthen the role of BAZNAS, LAZ, and BAZ nationally by Article 23 of 2011 Law. Fifth; the imposition and management of zakat at the time of the Prophet and khulafaurrasyidin is something that should be emulated because history has proven its success in managing zakat. sixth; muzakki may distribute their zakat directly to mustahik without going through institutions either from the government or institutions under the protection of the government. seventh; according to the perspective of the Islamic law that every leader who manages the affairs of the Muslims is obliged to take care of his affairs by the provisions of the Shari'a. Eighth; in surah al-Taubah / 9 verse 103 the leaders have been instructed to take zakat from Muslims by applicable regulations.

scholarly journals اقبال اور اجماع

2017 ◽  
pp. 13-20
Author(s):  
Dr. Muhammad Waseem Anjum
Keyword(s):  
Islamic Law ◽  
Research Paper ◽  
Muslim Community ◽  
Technical Problems ◽  
Muslim Scholar ◽  
Islamic Jurisprudence ◽  
Muslim Scholars

Ijma’ means consensus in Islamic law, the universal and infallible agreement of either the Muslim community as a whole or Muslim scholars in particular. Iqbal—a great Urdu and Persian poet and Muslim scholar—urges the need of Ijma’ in Islamic jurisprudence, uṣūl al-fiqh. In this research paper, the scholar has given a detailed illustration on the importance of Ijma’, its usefulness, technical problems and definition in the light of the thoughts of Allama Iqbal.

scholarly journals POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE

JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Nuha Qonita
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
New Product ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Modern Time ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
The World

<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>

scholarly journals Peran Kantor Urusan Agama (KUA) Kecamatan Siman dalam Pembentukan Keluarga Sakinah Perspektif Undang-Undang Nomor 11 Tahun 2009 Studi Kasus Di Desa Ngabar Kecamatan Siman Kabupaten Ponorogo

2021 ◽  
Vol 14 (1) ◽  
pp. 47
Author(s):  
Hazi Kurniva Sari
Keyword(s):  
Social Welfare ◽  
Islamic Law ◽  
Field Research ◽  
Know How ◽  
Village Community ◽  
The People ◽  
Descriptive Approach ◽  
Harmonious Family

Muslims believe that marriage is the best way to have children and maintain self-respect. In the Compilation of Islamic Law Article 3 paragraph (1) it is explained: the purpose of marriage is to realize a sakinah, mawaddah, warohmah household life. There are many ways to form a family, but the people of Ngabar Village, Siman District, Ponorogo Regency, and also other people do not know how to form a harmonious family. This study aims to (1) determine the understanding of the Ngabar Village community towards Law Number 11 of 2009 concerning Social Welfare, (2) to determine the role of KUA Siman District in the formation of a sakinah family in Ngabar Village, Siman District, Ponorogo Regency. This type of research is Field Research. A descriptive approach is used in this study. The results of this study indicate: The people of Ngabar Village do not understand the meaning of social welfare even though the employees of the Siman District Religious Affairs Office have socialized Law Number 11 of 2009 concerning social welfare. As a result, the formation of a sakinah family in Ngabar Village has not been carried out as much as expected.

scholarly journals Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman

rahatulquloob ◽  
2020 ◽  
pp. 01-12
Author(s):  
Dr. Hafiz Muhammad Siddique ◽  
Dr. Muhammad Atif Aslam
Keyword(s):  
Islamic Law ◽  
Primary Objective ◽  
Primary Sources ◽  
Specific Reference ◽  
Legal Provisions ◽  
The People ◽  
Administration Of Justice ◽  
The Law ◽  
Law Of Evidence

The subject matter of any case contains many facts proved by anyone of the parties to have a decision in his favour from a court of law. The primary objective of the law of evidence is to prescribe the rules to prove the facts of the case assisting the court of law in any case. The Law of Evidence forms a foundation for administration of justice in every legal system. This is considered a system of rules for disputed questions of fact in judicial inquiries. This law determines and helps to enforce the liability or grant aright on the basis of facts presented in the court of law. Islamic Law of Evidence is manifest due to the Islamic System of administration of justice and it rules are framed by the Law giver on the basis of primary sources of Islamic Law whereas the rules of other evidence law are made by the people. The current paper discusses the process of Islamization in Islamic Republic of Pakistan. It focuses on the Law of Evidence that how it is Islamized. It also highlights the specific legal provisions of Pakistani Law of Evidence were Islamized and indicates the role of some other constitutional institutions of Pakistan in Islamization of Law of Evidence. 

In Praise of the Word of God: Reflections of Early Religious and Social Concerns in the Fadā'il al-Qur'ān Genre

2002 ◽  
Vol 4 (1) ◽  
pp. 27-48
Author(s):  
Asma Afsaruddin
Keyword(s):  
Word Of God ◽  
Muslim Community ◽  
Written Text ◽  
The Social ◽  
Social Concerns ◽  
The One ◽  
Early Islamic ◽  
Islamic Society

Faḍā'il al-Qur'ān is the usual title given to chapters in various ḥadīth compilations or to individual works that deal with the ‘excellences’ or ‘merits’ of the Qur'an. The faḍā'il al-Qur'ān traditions found in common in the standard and non-standard ḥadīth compilations are concerned largely with the memorisation of the Qur'an, its compilation and being written down, its best reciters, and the excellences of certain surahs and āyāt. In the early part of the 3rd/9th century, separate works on faḍā'il al-Qur'ān began to emerge, which covered a wider range of topics. This article establishes that both the religious and the social historian may profitably mine the faḍā'il al-Qur'ān literature for valuable insights into, for example, the position of Qur'an reciters in early Islamic society; early attitudes towards writing conventions in the maṣāhif; modes of recitation; the probity of accepting wages for teaching the Qur'an; and the authoritativeness of oral versus written transmission of the Qur'anic text. A closer examination of the contents of the faḍā'il al-Qur'ān literature also yields valuable insights into the central role of the Qur'an, both as an oral and written text, and of its ‘people’ or its ‘advocates’, the so-called ahi al-Qurān, in the early Muslim community. Our preliminary survey allows us to state that, for some people, the Qur'an as the central sacred text of Islam came to stand in for the pristine, idealised Muslim polity. How certain groups of people chose to define their relation to the Qur'an (as its reciters, bearers, advocates, teachers and explicators of its grammar and language) and what aspect of the Qur'an they chose to emphasise (oral versus written) could then be regarded as a hallmark of their piety and fidelity to the memory of the earliest community under the Prophet and his rightly-guided caliphs. Such an endeavour assumed particular relevance in the merit-conscious society first established by cUmar (d. 24/644), in which people were ranked in terms of their moral excellences according to the principle of sābiqa (‘priority in Islam’), and from which they consequently derived their social standing. Our study, on the one hand, corroborates some of the information already available about the organisation of early Islamic society from other sources; on the other, it nuances and broadens this information. Our line of inquiry also allows us to refine a body of scholarship regarding the origins of the faḍā'il al-Qur'ān traditions, and their nature and the conclusions to be derived from this corpus concerning the attitudes of early Muslims towards the study of the Qur'an.

Contribuții la cercetarea etnoiatriei în Maramureș

2016 ◽  
Vol 30 ◽  
pp. 83-94
Author(s):  
Pamfil Bilțiu ◽  
Keyword(s):  
Rural Communities ◽  
Significant Contribution ◽  
Field Research ◽  
Unique Character ◽  
The People ◽  
Unexplored Area ◽  
Oil Water ◽  
The Rich ◽  
Cereal Plants

Our research is designed to mark a significant contribution to the study of an unexplored area in Maramures until now, so it has a unique character. In the first part we analyzed the role of the healer in the rural communities, and we focused on identifying the cause of the disease, in order to treat it. We then presented the system of measures to protect people’s health, highlighting the role and functions of amulets and charms. The investigation part of the introduction is an analysis of the circumstances and factors that generated the folk pharmacopoeia, giving importance to the composition of remedies used to treat various diseases and to the cure categories: hemostatic, astringent, cicatrising, toxic. We wrote in the recipe book different categories of medicines used for a single disease, with a view to highlight its alternative treating, counting on a better result of its healing. We focused our analysis on the elements that make up the rich folk pharmacopoeia: plants, chemicals, fruits, vegetables, cereal plants, trees, resins, wax and honey, oil, water - sometimes prepared magically etc. In the second part of the investigation, we reproduced, based on information provided by performers, results of the field research, a rich medical recipe book meant to show the richness of the folk pharmacopoeia, and the variety of internal and external diseases that were treated by a lot of remedies which we grouped in simple remedies, cure based on combinations, and remedies necessary in treatments that use magic or in mixed form, counting on magic combined with medicines. We have not omitted to point out the beliefs-bans and superstitions, made by man of the people, to act in order to prevent diseases.

Sign in / Sign up

Export Citation Format

Share Document