Islamic Legal Reform or Re-formation? The Transmutations of Critique in Rumee Ahmed’s Sharia Compliant: A User’s Guide to Hacking Islamic Law

2021 ◽  
Vol 28 (3) ◽  
pp. 283-315
Author(s):  
Rami Koujah
Keyword(s):  
Reverse Engineering ◽  
Islamic Law ◽  
Legal Reform ◽  
Recent Book ◽  
Democratic Process ◽  
Legal Change ◽  
Bottom Up ◽  
Broad Audience ◽  
Islamic Jurisprudence

Abstract To say that the issue of Islamic legal reform is on the minds of most scholars and students (Muslim or otherwise) of Islamic law is hardly an exaggeration. But what does reform look like? Rumee Ahmed engages the issue in his recent book, Sharia Compliant: A User’s Guide to Hacking Islamic Law. Intended for a broad audience and aimed at catalyzing legal change from the bottom up, Sharia Compliant attempts to demystify Islamic jurisprudence and provide a blueprint for lawmaking, or “hacking” Islamic law, through reverse-engineering. In the process of his critique of Islamic law, Ahmed revises its history and method. This review argues that in lieu of reform, Ahmed argues for re-forming Islamic law. The hyphen is meant to indicate that Ahmed’s proposal amounts to a transmutation of fiqh and uṣūl al-fiqh: Islamic law is not interpreted, but arbitrarily willed; its sources (the Qur’an and Sunna), ornaments of this will, are instrumentalized to serve any desired end. In the end, Ahmed’s re-formed system undermines his hope for a democratic process of lawmaking.

‘Disinterested’ Scholarship, Arab Nationalism and the Study of Islamic Law in Britain

2018 ◽  
pp. 137-160
Author(s):  
Todd M. Thompson
Keyword(s):  
Islamic Law ◽  
Legal Reform ◽  
Legal Change ◽  
Commercial Arbitration ◽  
Arab Nationalism ◽  
European State ◽  
International Laws ◽  
Muslim Majority

This chapter provides an account of Norman Anderson’s views of Anglo-Arab relations amidst the decline of British imperial involvement in the region and analyses the debt his account of the development of legal reform owed to a diffusionist vision of the globalization of the ‘modern’ European state. It does so by providing an account of Anderson’s influence on the domestic laws of Libya and Tunisia and the international laws of commercial arbitration in the late 1950s and early 1960s. The chapter illustrates the parallels between Anderson and secular nationalist legal thinkers and politicians who advocated for legal change in Muslim majority countries during the period.

scholarly journals Analytical Review of Noel James Coulson Book’s A History of Islamic Law

2020 ◽  
Vol 3 (01) ◽  
pp. 168-189
Author(s):  
Dr. Muhammad Ilyas ◽  
Dr. Zainab Ameen
Keyword(s):  
Critical Review ◽  
Islamic Law ◽  
Legal Reform ◽  
Theory And Practice ◽  
Law System ◽  
Muslim Society ◽  
Muslim Countries ◽  
Islamic Jurisprudence ◽  
Analytical Review ◽  
History Of

The Western Orientalism movement had resulted in the creation of a large academic asset of Islamic literature. The Orientalists had struggled in two ways; by introducing and editing old Islamic manuscripts, and by commenting on the various aspects of the Prophet’s (PBUH) life and his traditions. Moreover, some Orientalists had worked on the Islamic jurisprudence, too. As   Coulson, have been discussed analytical studies of Islamic jurisprudence,  in this regard his book, “ The History of Islamic Law”, is a sorely needed book; it will substantiate a highly impactful, direly beneficial and effective book; and above all, it is a remarkably well-constructed book. Mr. Coulson’s compact volume is a clear, comprehensive, and authoritative treatment of the genesis and history of Islamic law in theory and practice, and of the central problem of legal reform now confronting Muslim society. Islamic law, the Sharia of medieval Islam, is for Muslims and the comprehensive catalogue of God’s commands and recommendations laid down for the guidance of man… In recent times, with the wholesome adoption by Muslim countries of western legal ideas and institutions, the Sharia has seemingly been all but forsaken and abandoned… Unless the idea of a law system based on religion is to be abandoned entirely… [Coulson] points out, the task for modern Muslims, like that of their medieval predecessors, is once more to ascertain and impose the central ethical criterion norms of Islam upon the functioning’s of their society. N. J. Coulson was a chair of oriental laws at the School of Oriental and African Studies, University of London. In this article the analytical and critical review is discussed.

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.

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.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

Islamic Law in Action: A Historical Discussion

2013 ◽  
Vol 38 (04) ◽  
pp. 1041-1057
Author(s):  
Boğaç A. Ergene
Keyword(s):  
Review Essay ◽  
Political Change ◽  
Islamic Law ◽  
Recent Book ◽  
Legal Practice ◽  
Everyday Experiences ◽  
Made In

This review essay engages Kristen Stilt's recent book, Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt (2011), in a fashion that highlights its contributions to the study of Islamic law. In particular, it underlines the methodological arguments made in the book that might help us think about Islamic legal practice in sophisticated and historically grounded ways. As elaborated in the article, these arguments have important implications for modern as well historical settings. Specifically, Stilt's discussion of “Islamic law in action” reveals the inherent flexibility of Islamic legal practice to accommodate political change. The article also discusses how further research on the topic could benefit from specific approaches and orientations.

scholarly journals Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

2021 ◽  
Vol 3 (1) ◽  
pp. 224-231
Author(s):  
Yasir Nasution ◽  
Alyasa’ Abubakar ◽  
Kafrawi
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Legal Research ◽  
Government Regulations ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Research Show

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.  

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 Pembaruan Maslaḥah dalam Maqāṣid Al- Sharī‘ah: Telaah Humanistis tentang Al-Kulliyyāt Al-Khamsah

ULUMUNA ◽  
2017 ◽  
Vol 16 (1) ◽  
pp. 103-124
Author(s):  
Zaenuddin Mansyur
Keyword(s):  
Human Rights ◽  
Human Resources ◽  
Islamic Law ◽  
Legal Reform ◽  
Social Solidarity ◽  
Freedom Of Religion ◽  
Human Being ◽  
Human Rights Abuses ◽  
Social Disintegration ◽  
The Family

In order to answer a variety of issues faced by human being in the current era, such as human rights abuses, social disintegration, and terrorism, the renewal of Islamic law in the level of theoretical and practical aspects is very urgent. This paper aims to examine one of the Islamic legal reform efforts, namely to build a more technical understanding of the concept of maṣlaḥah contained in the maqāṣīd sharī‘ah, called the al-kulliyat al-khamsah. Therefore, the concept of maṣlaḥah in ḥifẓ al-dīn is technically defined as al-ḥurriyah al-i‘tiqād (freedom of religion and schools); in ḥifẓ al-nafs as al-karamat al-insān (human being breeding); in ḥifẓ al-nasl as ḥifẓ al-usrah (wholeness and harmony of the family); in ḥifẓ al-māl as al-taḍammun al-insān (social solidarity ), and in ḥifẓ al-‘aql as al-ḥuqūq as al-tarbiyāt (increasing human resources quality).

scholarly journals ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Scientific Development ◽  
Spatial Factors ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
Temporal And Spatial ◽  
The One

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

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