Ijma‘

2017 ◽  
pp. 270-298
Author(s):  
Mairaj Syed
Keyword(s):  
Legal Theory ◽  
Early Period ◽  
Phenomenological Approach ◽  
Social Needs ◽  
Muslim Community ◽  
Critical Approach ◽  
Future Studies ◽  
Islamic Legal Theory ◽  
The Social ◽  
Islamic Thought

This article surveys the three approaches—source-critical, phenomenological, and hermeneutical-theological—that prevail in the historiography of consensus in early, classical, and modern Islamic legal thought. The source-critical approach dominates the historiography of the early period. Scholars using this approach question the narrative found in classical Islamic legal theory: that specific verses of the Qur’an or Hadith of Muhammad establish consensus as a source of law. They believe instead that consensus emerged gradually, in response to the social needs of the Muslim community. Scholars using the phenomenological approach seek to define the doctrine of consensus in classical Islamic legal theory whilst scholars using the hermeneutical-theological approach view consensus as a powerful argument in issues of Islamic thought today. These approaches are not mutually exclusive and scholars often combine them. The article ends with identification of the areas for growth in future studies of consensus.

Islamic Law and Society

1990 ◽  
Vol 7 (2) ◽  
pp. 177-191
Author(s):  
Louay M. Safi
Keyword(s):  
Composite System ◽  
Islamic Law ◽  
Legal Theory ◽  
Fifth Century ◽  
Muslim Community ◽  
Social Growth ◽  
The Social ◽  
Collective Experience ◽  
Law And Morality ◽  
The Impact

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 ...

scholarly journals Muḥammad Nāṣir al-Dīn al-Albānī

2019 ◽  
Author(s):  
Emad Hamdeh
Keyword(s):  
20Th Century ◽  
Legal Theory ◽  
Young Age ◽  
Muslim Community ◽  
Strict Adherence ◽  
Legal Scholarship ◽  
Islamic Legal Theory ◽  
Distinctive Aspect

Muḥammad Nāṣir al-Dīn al-Albānī (1914–1999) was one of the most influential Salafi scholars in the 20th century. He sought to reform Islam by requiring Muslims to return a puritanical and literalist approach toward scripture. Albānī moved from Albania to Damascus with his family as a child, and his father became a leading Ḥanafī scholar in the Albanian Muslim community in Syria. From a young age, Albānī disagreed with his father and the Albanian Ḥanafī community. He rejected their allegiance to the Ḥanafī school of law and instead advocated a strict adherence to the Qurʾān and Sunna. His scholarly career was full of tug-of-war battles with traditional jurists over the validity of following a madhhab and particular principles of Islamic legal theory. His legal scholarship contains many unconventional opinions, and he was therefore taken most seriously in the field of ḥadīth, not fiqh. A distinctive aspect of Albānī’s legacy is his constant effort to reevaluate the authenticity of ḥadīth. He sifted through thousands of ḥadīths and reevaluated them using traditional ḥadīth methodology.

scholarly journals Community’s Response Toward The Study Program Of Al-Qur’an Science And Tafsir

2020 ◽  
Vol 6 (1) ◽  
pp. 65-80
Author(s):  
Ali Sati ◽  
Anhar Anhar
Keyword(s):  
Qualitative Research ◽  
Social Science ◽  
Phenomenological Approach ◽  
Data Sources ◽  
Community Leaders ◽  
Muslim Community ◽  
Study Program ◽  
The Third ◽  
The Social ◽  
Science And Research

The purpose of this study is to find out how the community's response is toward the study program of Al-Qur'an and Tafsir at IAIN Padangsidimpuan. This research is a qualitative research which in collecting data it uses a phenomenological approach. Data collected is based on inner perspective of human behavior. The main data sources of this study were from Muslim community leaders and were selected by purposive sampling domiciled in Padangsidimpuan. The results found that the community emphasized that the vision, mission and objectives of the development of the Study Program of Al-Qur'an and Tafsir were truly directed towards strengthening scientific and methodological competence in understanding and interpreting the Qur'an. According to the community, the urgent curriculum content was, first, the linguistics of the Qur'an. The second is the sciences concerned the intricacies and various aspects of the Qur'an, which is commonly called ‘ulum al-Qur`an. The third is about the sciences related to the interpretation of manhaj (an approach and methodology of interpretation) that is classical, modern and contemporary. The fourth is the sciences related to the intricacies and various aspects of the hadits which are commonly called ‘ulum al-hadits. The fifth is the sciences related to the philosophy of science and research methodology. The sixth is the sciences related to social science and nature. These aspects are useful for understanding the social and scientific aspects of the verses of the Qur'an.

scholarly journals ATTEMPTS TO SEARCH FOR AN ISLAMIC ECONOMIC DEVELOPMENT MODEL (ANALYSIS OF PHILOSOPHICAL THOUGHT MUSA ASY'ARIE)

2019 ◽  
Vol 4 (1) ◽  
pp. 79
Author(s):  
MUHAMMAD KHAQIM ◽  
AGUS ARWANI
Keyword(s):  
Economic Development ◽  
Economic Value ◽  
Phenomenological Approach ◽  
Economic Thought ◽  
Social Concern ◽  
The Social ◽  
Islamic Thought ◽  
Political Conditions ◽  
Islamic Economic ◽  
Economic Development Model

Reflection on Islamic thought is no longer concerned with the problem of indigenization of Islam which is more likely to conservation tradition, even leads to a syncretism that almost eliminates the orthodoxy of Islam. Musa Asy'arie is a postmodern intellectual Muslim figure in Indonesia who, with his philosophical ability, is anxious to give a strict critique as well as a clear direction to the economic development of Muslims so that the Islamic economy becomes an outlet for poverty and injustice to society. Type of methodology in this research is literature research with focus of study of Islamic economic thought Musa Asy'arie. This qualitative research is focused on a written document in the form of text produced by Musa Asy'arie. The approach used in this research is phenomenology approach. The phenomenological approach is intended to examine, to reveal the biography, his work and the pattern of his thought development from the perspective of history, that is, from the social and political conditions of the culture at that time. The research results of Musa Asy'arie' thoughts in Islamic economics refers to things that are of fundamental Islamic economic value which include the first divine principle which is where the deity or Gods, the second is the humanitarian province, the three are based on social concern or with other sentences more important piety social rather than individual piety.

Rebelling against the Ruler: Egyptian Youth and Azhari Scholars’ Authority after the 2011 Uprising

2021 ◽  
pp. 1-41
Author(s):  
Nareman Amin
Keyword(s):  
Textual Analysis ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Theory ◽  
Social Implications ◽  
Islamic Legal Theory ◽  
The Social ◽  
Legal Opinions ◽  
Political Realities ◽  
Moral Capital

Abstract Scholars have investigated statements by Azhari ʿulamāʾ (religious scholars) about the legality of protest in Egypt in 2011 and 2013 and their use of fiqh al-wāqiʿ, a jurisprudential method by which jurists consider social and political realities when issuing legal opinions. These studies focus on Islamic legal theory but do not examine the social implications of the legal. Based on textual analysis of televised statements by ʿulamāʾ and interviews with young Muslim Egyptians, I argue that, although some jurists discouraged the laity from joining the 2011 protests, religious youth were not deterred from protesting. Additionally, laypeople who are not well-versed in Islamic law grew suspicious of the shifting opinions of ʿulamāʾ on the legal status of protest, as happened in 2013. In the aftermath of the 2011 and 2013 movements, the moral capital of several Azhari scholars decreased as did the moral-legal purchase of the fatwās they issued.

scholarly journals Islamic Law and the Neoijtihadist Phenomenon

Religions ◽  
2020 ◽  
Vol 12 (1) ◽  
pp. 6
Author(s):  
Liyakat Takim
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Moral Values ◽  
Muslim Community ◽  
Current Form ◽  
Islamic Legal Theory ◽  
New Form ◽  
The Times ◽  
Political Realities ◽  
Twelver Shi'ism

Many contemporary scholars claim that erstwhile juristic determinations were intertwined with the socio-political realities in the eighth and ninth centuries, the classical period of Islamic law. They also maintain that although the Qur’an is a divinely revealed and immutable text, the applicability of its verses is contingent on the needs and conditions of the times. This paper argues that there is a need to move beyond the current form of ijtihad to an era of neoijtihadism in Twelver Shi‘ism. The present ijtihad, which was developed in the medieval ages, has failed to produce a coherent legal system that can effectively respond to the needs of contemporary Muslims. The paper will focus on the neoijtihadist phenomenon and will argue that the traditional text-centered ijtihad has to be replaced with a new form of ijtihad which utilizes different forms of exegetical and epistemological principles to formulate rulings that will serve the Muslim community better. Neoijtihadism, as I call it, will entail a re-evaluation of classical juristic formulations and, based on the application of new exegetical and interpretive principles, can engender a divergent form of jurisprudence that is based on different epistemological parameters and universal moral values. Neoijtihadism will also entail revamping traditional Islamic legal theory (usul al-fiqh), which has hampered rather than enhanced the formulations of newer laws.

scholarly journals In Celebration of the Life of Shaykh Taha Jabir al-‘Alwani

2016 ◽  
Vol 33 (2) ◽  
pp. 13-18
Author(s):  
IIIT Family
Keyword(s):  
Social Sciences ◽  
Graduate School ◽  
Legal Theory ◽  
Modern World ◽  
International Institute ◽  
Cultural Traditions ◽  
Islamic Legal Theory ◽  
Islamic Thought ◽  
Islamic Jurisprudence ◽  
Founder Member

Shaykh Taha Jabir al-‘Alwani – professor of jurisprudence (fiqh)and the principles of jurisprudence (uṣūl al-fiqh); president of theSchool of Islamic and Social Sciences (SISS), which later becamethe Graduate School of Islamic and Social Sciences (GSISS); presidentof the Fiqh Council of North America, holder of the Imam Al-Shafi‘i Chair in Islamic Legal Theory at Corboda University;founding member and president of the International Institute of IslamicThought (IIIT); founder-member of the Council of the MuslimWorld League in Makkah; member of the Organization ofIslamic Cooperation’s Islamic Fiqh Academy in Jeddah; prolificwriter; and world renowned Islamic scholar and expert in Islamiclegal theory, jurisprudence, the principles of jurisprudence, Qur’anicsciences, and general Islamic thought – passed away on March 4,2016, at Ireland’s Shannon Airport while stopping over on his wayfrom Cairo to Washington, DC.An intellectual giant, friend, father, husband, and teacher, heleaves an immense void in the lives of many people. The Muslimworld mourns his loss and is the poorer for it.Shaykh Taha spent his life serving humanity and the truth,working tirelessly not only to elucidate the principles and methodologyof Islamic jurisprudence, but also to remove many of themyths and prejudices that had, over time, become entwined withMuslim cultural traditions and gained a strong foothold in the Muslimmind.Shaykh Taha always took account of Islam as it is being practisedin the modern world. For example, his seminal work Apostasyin Islam (2011), a masterful example of historical and scriptural ...

scholarly journals A Base Nacional Comum Curricular (BNCC) e a organização da matemática no ensino fundamental

2019 ◽  
Vol 7 (15) ◽  
pp. 356
Author(s):  
Érica Czigel ◽  
Fabiane Mondini ◽  
Elisangela Pavanelo
Keyword(s):  
Qualitative Research ◽  
Elementary School ◽  
Sexuality Education ◽  
National Curriculum ◽  
Phenomenological Approach ◽  
School Education ◽  
Social Needs ◽  
Common Base ◽  
The Social ◽  
Teaching Of Mathematics

Resumo: Este artigo apresenta os resultados de um estudo sobre a organização da matemática para o Ensino Fundamental a partir da homologação da Base Nacional Comum Curricular (BNCC). Adotamos como metodologia a pesquisa qualitativa desenvolvida na abordagem fenomenológica. Por meio desse texto, apresentamos uma análise hermenêutica do documento da BNCC que divide opiniões: é considerada um avanço na educação escolar brasileira, no sentido de que procura valorizar as necessidades sociais das diferentes regiões do país, integrando componentes curriculares e temas transversais, que são pertinentes na formação dos cidadãos e, também, é visto como um retrocesso, por não estabelecer como base questões envolvendo gênero, educação sexual e diversidade cultural.Palavras-chave Base Nacional Comum Curricular; Legislação Escolar; Matemática. The national curriculum and the teaching of mathematics in BrazilAbstract: This paper presents the results of a study on the organization of mathematics for elementary school from the approval of the National Curriculum Common Base (BNCC). We adopted as methodology a qualitative research developed as a phenomenological approach. In this text we present a hermeneutic analysis of the BNCC document that divides opinions: it is considered an advance in Brazilian school education, in the sense that it seeks to value the social needs of different regions of the country, integrating curricular components and cross-cutting themes, which are relevant in the formation of citizens and, also, is seen as a setback, as it does not establish as basis issues involving gender, sexuality education and cultural diversity.Keywords: National Curriculum; School Legislation; Mathematics. 

scholarly journals Islam and Literalism

2014 ◽  
Vol 31 (1) ◽  
pp. 111-114
Author(s):  
Taymaz G. Tabrizi
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Literal Meaning ◽  
The Other ◽  
Intended Meaning ◽  
The Third ◽  
Actual Existence ◽  
Islamic Legal Theory ◽  
Islamic Thought ◽  
Qur'anic Exegesis

This book surveys the development of literal meaning and literalism in Islamand Islamic legal theory (uṣūl al-fiqh) in particular. The term literal meaningrefers to the meaning that a text is believed to hold “in itself” by virtue of thesound-meaning relationships of words that were “coined” (waḍ‘) at some pointin time. Although Muslim debates on how words were coined (see secondchapter) are quite interesting and at times entertaining, the origin of languagewas secondary to the language’s actual existence. In other words, legal theoristscontended that the establishment of the “sound-meaning connection” wasmore important than who established it and when.Literalism, the other focus of the book, is the view that Islamic law privilegesliteral meaning. As Gleave explains in his first chapter, literalism seesliteral meaning as having an “advantage” over allusion, metaphor (majāz),and other kinds of meaning because it holds a “higher level of epistemologicalsecurity” (p. 1). Detecting the author’s intended meaning, although ideal, isfraught with uncertainties for it involves discerning another person’s intentions.In other words, for legal theorists, the literal can be established througha strict science of language and more importantly functions as a “startingpoint” for understanding texts which gives it a central role in hermeneutics.Even if the literal meaning is shown not to be the author’s intended meaning,it is nevertheless essential for controlling and understanding the linguistic andsemantic parameters of a word and the overall text in question.Gleave makes it clear that his purpose is not to establish whether or notthere is such a thing as literal meaning but instead to demonstrate the importanceof its various concepts and the role they played for Muslim legal theoristsof all sects as understanding how a language system works is key to grasping“God’s meaning when he addresses (khiṭāb) his servants” (p. 35). The firsttwo chapters are useful introductions to concepts of literal meaning in legaltheory. The third chapter, where the author traces one of the early conceptsand uses of literal meaning in Qur’anic exegesis, delineates its early historicalemergence in Islamic thought. This is significant for Islamic law and legaltheory as later Muslim legal hermeneutics had “imprints” of the debates thattook place in scriptural exegesis where literal meaning was often identified(e.g., through establishing what a word “literally” meant by tracing its ...

scholarly journals Literacy of Islamic Thought: Contestation, Claim of Truth, and Polemic of Religion in Islam in Gorontalo, Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 58-65
Author(s):  
Samsi Pomalingo ◽  
Nurul Ilmi Idrus ◽  
Mohammad Basir ◽  
Mashadi
Keyword(s):  
Religious Pluralism ◽  
Qualitative Approach ◽  
Muslim Community ◽  
Basic Principles ◽  
Textual Interpretation ◽  
The Social ◽  
Islamic Thought ◽  
Concepts Of Democracy ◽  
Muslim Communities ◽  
Descriptive Method

As many previous studies tend to discuss the biography of local Islamic figures and overly-textual interpretation in exploring the Hizb ut-Tahrir Indonesia and criticize the western concepts of democracy in Gorontalo, this study aims to explore the newly-found dynamics of contestation of local Islamic thought in Gorontalo Province. Conducting in Gorontalo, a northern province in Sulawesi Island inhabited mainly by Muslim communities, this study employs a qualitative approach with a descriptive method. In the present work, the discourse of Islamic thought in Gorontalo is found to develop into a massive and uncontrolled state, leading to polemics among the Muslim community in the area. The polemics among people, including in the social media, involve two groups that are ideologically and epistemologically different: the liberal Islamic groups, i.e., ANSOR and PMII, and the fundamental Islamic groups, i.e., Tablighi Jamaat and Wahdah Islamiyah. Issues of religion-culture debate, khilafiyah, religious pluralism, and prohibition of Christmas salutation are among the main highlights of the polemic, especially among Muslims in Gorontalo. The presence of fundamentalists represents the new phenomenon in the Islamic thought discourse in Gorontalo, which is known for its subjectivity in perceiving the absence of the basic principles or nash (Qur'an and hadith) of the fundamentalists. Consequently, a debate between the two groups, claiming which one has the absolute truth, is inevitable. This situation also ends up with fundamentalist extremism labelling others as infidels (takfiri) and deviant to Islamic teachings.

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