Islamic Law: A Very Short Introduction

2021 ◽  
Author(s):  
Mashood A. Baderin
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Western World ◽  
Short Introduction ◽  
Inheritance Law ◽  
System P ◽  
Islamic Jurisprudence ◽  
Penal Law ◽  
History Of ◽  
Muslim Communities

Islamic Law: A Very Short Introduction examines the evolution, nature, and theory of Islamic law, incorporating both classical and modern scholarly perspectives. Islamic law is one of the world’s major legal systems, yet it is often misunderstood, particularly in the West. It is applicable in different forms as part of state law in countries across the Middle East, Asia, and Africa, and has a strong influence on Muslim communities throughout the Western world. This VSI traces the history of Islamic jurisprudence. It covers its scope—including family law, inheritance law, financial law, penal law, and international law—and its practice, providing an overview of this key legal system.

A STEP TOO FAR? THE JOURNEY FROM “BIOLOGICAL” TO “SOCIETAL” FILIATION IN THE CHILD'S RIGHT TO NAME AND IDENTITY IN ISLAMIC AND INTERNATIONAL LAW

2019 ◽  
Vol 34 (3) ◽  
pp. 383-407 ◽  
Author(s):  
Shaheen Sardar Ali
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Legal Traditions ◽  
Rights Of The Child ◽  
State Practice ◽  
Legal Position ◽  
The Subject ◽  
Rights Discourse ◽  
Muslim Communities ◽  
Human Rights Discourse

AbstractThis socio-legal narrative investigates the journey from “biological” to “societal” filiation undertaken by Islamic and international law regimes in their endeavors to ensure a child's right to name and identity. Combining a discussion of filiation—a status-assigning process—with adoption and kafāla (fostering) as status-transferring mechanisms, it highlights a nuanced hierarchy relating to these processes within Muslim communities and Muslim state practices. It questions whether evolving conceptions of a child's rights to name and identity represent a paradigm shift from “no status” if born out of wedlock toward “full status” offered through national and international law and Muslim state and community practices. The article challenges the dominant (formal, legal) position within the Islamic legal traditions that nasab (filiation) is obtainable through marriage alone. Highlighting inherent plurality within the Islamic legal traditions, it demonstrates how Muslim state practice and actual practices of Muslim communities on the subject are neither uniform nor necessarily in accordance with stated doctrinal positions of the juristic schools to which they subscribe. Simultaneously, the paper challenges some exaggerated gaps between “Islamic” and “Western” conceptions of children's rights, arguing that child-centric resources in Islamic law tend to be suppressed by a “universalist” Western human-rights discourse. Tracing common threads through discourses within both legal traditions aimed at ensuring children a name and identity, it demonstrates that the rights values in the United Nations Convention on Rights of the Child resonate with preexisting values within the Islamic legal traditions.

scholarly journals Diskursus Gender Dalam Hukum Islam

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Mesraini Mesraini
Keyword(s):  
Islamic Law ◽  
Primary Source ◽  
Western World ◽  
Men And Women ◽  
Islamic Studies ◽  
Gender Discourse ◽  
Islamic Jurisprudence

Abstract:Gender discourse is an issue that has its distinct challenges in Islamic studies. This is due to the notion that gender discourse emerged from the western world and is also considered less linear with Islamic studies. The main cause of this impression is due to a lack of proportional understanding. Gender does not actually treat a person on the basis of sex, but on one's competence. If the gender approach is biological-natural and irreversible, then the gender approach is constructive-social, not natural, and thus can be altered. This paper argued that Qur'an Hadith as the primary source of Islam ensures that in the issues of position, worship, and law, men and women have equal position. Nonetheless, some aspects of fiqhiyah (Islamic jurisprudence) as an implementation of the primary source's understanding are still considered biased. The differences of thinking, the culture of society, and the challenges faced by imam fiqh (Islamic jurisprudence leaders) contribute to gender biasKeywords: Gender, Islamic Law, Fiqh Abstrak: Wacana gender merupakan isu yang memiliki tantangan tersendiri dalam kajian keislaman. Di samping lahir dari dunia Barat, wacana ini dipandang kurang linier dengan kajian keislaman. Kesan ini cenderung didasarkan atas pemahaman yang kurang proporsional. Gender bukanlah memperlakukan seseorang atas dasar jenis kelamin, tetapi atas kompetensi seseorang. Jika pendekatan jenis kelamin itu bersifat biologis-kodrati dan tidak dapat diubah, maka pendekatan gender bersifat konstruk-sosial, bukan kodrati, dan dapat diubah. Sumber primer Islam, seperti Alquran Hadits, memastikan dalam persoalan kedudukan, ibadah, dan hukum antara laki-laki dan perempuan memiliki posisi yang sama. Namun, sebagian dari aspek fiqhiyah sebagai implementasi atas pemahaman sumber primer itu dipandang masih bias. Perbedaan pemikiran, budaya masyarakat, dan tantangan yang dihadapi oleh para imam fiqh berkontribusi atas bias gender.Kata Kunci: Gender, Hukum Islam, Fiqh

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

Opening Remarks

2003 ◽  
Vol 31 (2) ◽  
pp. 163-167
Author(s):  
S. Blair Kauffman
Keyword(s):  
New York ◽  
New York City ◽  
International Law ◽  
Islamic Law ◽  
Law School ◽  
Yale University ◽  
Sunday Afternoon ◽  
History Of ◽  
The Rich ◽  
Law Library

The papers in this issue were presented at the IALL's 21st Annual Course on International Law Librarianship, held at Yale Law School, October 20 through October 23, 2002. The program featured several of America's great scholars in international law and drew on the rich resources of Yale University and its environs. It also introduced participants to the history of legal education in America and included excursions to America's first national law school, in Litchfield, Connecticut, and to the United Nations headquarters, in New York City. A pre-conference reception was held at the nearby Quinnipiac University School of Law Library, on Sunday afternoon, October 20th, in Hamden, Connecticut, and a post-conference institute on Islamic Law, was held on October 24th, at Harvard Law School, in Cambridge, Massachusetts.

scholarly journals Ijtihad dan Beberapa Ide Pembaruan dalam Fikih Islam.

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Umar Al-Haddad
Keyword(s):  
Islamic Law ◽  
Fourth Century ◽  
Modern Times ◽  
Islamic Jurisprudence ◽  
History Of

Assumption that the door of ijtihad was closed, despite ever becoming conspicuous in general, has never been universally accepted by all scholars. In the period after the fourth century BC /10 AD—during the opinion was evolving—history still noted the emergence of figures not only by showing their thought on ijtihad but also by showing their firm rejection to the view which said that the door of ijtihad was closed. By reviewing the position of ijtihad and its development in the history of Islamic jurisprudence (fiqh), this article proves that ijtihad is a must in the dynamics of the Islamic law. With the spirit of ijtihad, various reform ideas in Islamic jurisprudence in modern times have become possible and kept open for discourse, such as the approach between schools, collective ijtihad, ijtihad in the field of principles (ushûl) , and a review toward the qualification of mujtahid in modern times.DOI: 10.15408/ajis.v16i1.2896

scholarly journals Pelaksanaan Hukum Kewarisan Islam di Kota Makassar

2018 ◽  
Vol 5 (2) ◽  
pp. 281
Author(s):  
Muhammad Anis
Keyword(s):  
Islamic Law ◽  
Public Perceptions ◽  
Public Knowledge ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Level Of Knowledge ◽  
The Republic ◽  
Muslim Communities ◽  
Legal Substances ◽  
Total Effort

Pelaksanaan Hukum Kewarisan Islam berdasarkan Kompilasi Hukum Islam di Kota Makassar sesuai instruksi Presiden RI No.1 Thn. 1991 belum efektif. Beberapa faktor yang mempengaruhi dalam pelaksanaan Hukum Kewarisan Islam di Kota Makassar adalah substansi hukum yang belum menjamin adanya kepastian hukum, tingkat pengetahuan masyarakat, tingkat pengetahuan aparat dan tingkat persepsi masayarakat.Pelaksanaan Hukum Kewarisan Islam di Kota Makassar berdasarkan Kompilasi Hukum Islam, diharapkan menjadi input masyarakat muslim dan pejabat terkait untuk menjadi bahan koreksi dan perbaikan terhadap pelaksanaan Hukum Kewarisan Islam.Untuk mengefektifkan pelaksanaan Hukum Kewarisan Islam di Kota Makassar diharapkan agar Kompilasi Hukum Islam disempurnakan dan ditingkatkan menjadi Undang-Undang, karena itu dibutuhkan upaya yang maksimal untuk mewujudkannya guna meningkatkan pengetahuan masyarakat, pengetahuan aparat, dan persepsi masyarakat.The implementation of Islamic Inheritance Law is based on the Compilation of Islamic Law in Makassar City according to the instructions of the Republic of Indonesia No.1 1991 that has been ineffective. Several factors that influence the implementation of Islamic Heritage Law in Makassar City are legal substances that have not guaranteed legal certainty, the level of knowledge of the community, the level of knowledge of the officers and the level of perception of the community.The implementation of Islamic Inheritance Law in Makassar City based on the Compilation of Islamic Law is expected to be the input of Muslim communities and related officials to be the material for correction and improvement of the implementation of Islamic Heritage Law.In order to make the implementation of Islamic Inheritance Law effective in Makassar City, it is hoped that the Compilation of Islamic Law will be refined and upgraded to the Act because it requires total effort to make it happen in order to increase public knowledge, knowledge of officials, and public perceptions. 

scholarly journals LIBERAL THINKING IN SALAF PESANTREN, IS IT POSSIBLE? (FREEDOM OF THOUGHT THE SANTRI MA’HAD ALY SUKOREJO, SITUBONDO)

2021 ◽  
Vol 19 (2) ◽  
pp. 175-191
Author(s):  
Marjuni Marjuni ◽  
Moch. Khafidz Fuad Raya
Keyword(s):  
Islamic Law ◽  
Educational Institution ◽  
Controversial Issues ◽  
General Curriculum ◽  
Islamic Jurisprudence ◽  
Interfaith Marriages ◽  
History Of ◽  
Islam And Christianity ◽  
Freedom Of Thought ◽  
Liberal Thought

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 (TA) bulletin. The results reveal the integration of the Ma’had ‘Aly curriculum, which is combined with the general curriculum and contemporary scriptures. Second, the controversy over TA as a forum for students to manifest their competence as fuqaha on various developing issues. Some of the controversial issues decided by TA were allowing interfaith marriages, allowing non-Muslim Indonesian President elections, and similarities between Islam and Christianity in relations and history. Some realities above show that Islamic liberal thought has emerged in salaf pesantren through Ma’had ‘Aly. The contribution of this research provides novelty that apparently Ma’had ‘Aly is trying to show that the door of ijtihād in the excavation of Islamic jurisprudence is still wide open.

MURDER IN KHAYBAR: SOME THOUGHTS ON THE ORIGINS OF THE QASĀMA PROCEDURE IN ISLAMIC LAW

2002 ◽  
Vol 9 (2) ◽  
pp. 132-167 ◽  
Author(s):  
Rudolph Peters
Keyword(s):  
Nineteenth Century ◽  
First Generation ◽  
Islamic Law ◽  
Practical Application ◽  
Legal Principles ◽  
The Past ◽  
Islamic Jurisprudence ◽  
Penal Law

AbstractThe institution of qasāma has intrigued both Muslim jurists and western scholars. The first were puzzled by its violation of essential legal principles, the latter by its apparent pre-Islamic origins. Because of its archaic and irrational character, western scholars assume that the institution was not applied in practice: "[I]t does not appear that this institution functioned much, even in the past, when the penal law of Islam had a certain practical application." However, the evidence of fatwa collections shows that the qasāma was indeed enforced by courts as late as the nineteenth century, and the rules connected with it have now found their way into some modern Islamic criminal codes. The qasāma, it appears, was a living institution in Islamic law and not just theory. In this essay I will try to shed some light on the origins of this institution and its reception into Islamic law. I will attempt to chart the earliest developments of Islamic jurisprudence by analyzing the available hadith material and the statements of the first generation of jurists. In the conclusion I will suggest that my analysis of the material on qasāma corroborates Motzki's and Powers' revision of the chronology of the development of Islamic jurisprudence first put forward by Joseph Schacht in The Origins of Muhammadan Jurisprudence (1950).

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