Prostitution, Islamic Law and Ottoman Societies

2012 ◽  
Vol 55 (1) ◽  
pp. 117-152 ◽  
Author(s):  
James E. Baldwin

AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provinces of Egypt and Syria between the mid-sixteenth and mid-eighteenth centuries.

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami

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.


Author(s):  
Joshua M. White

This chapter examines the legal opinions (Arabic: fatwa, Turkish: fetva) issued by the chief Islamic legal authorities of the empire (şeyhülislam) concerning maritime violence and explores the implications of their rulings for judges and litigants throughout the empire and for the corsairs based on its margins. Drawing on research in sixteenth- and seventeenth-century fetva collections, the chapter establishes the kinds of legal questions that piracy and captivity posed for the Ottomans and how they were answered as the intensity, frequency, and focus of Mediterranean piracy mutated in sometimes alarming ways. Showing how secular, interstate, and Islamic law were harmonized through fetvas, the chapter lays the groundwork for the subsequent analysis of the convergence of theory and practice in Ottoman courts.


Author(s):  
Abd Moqsith

There are problems of islamic jurisprudence existing in society, but Qur'an and hadith as the references of shari'a are keep stagnant. Text of Qur'an and hadith are stagnant-without development, while the problems of jurisprudence are still growing. In fact, it is impossible to leave the problems without a solution. In that context, like other Islamic organizations, Nahdhatul Ulama (NU) actively issues religious fatwas. In order to keep the religious fatwa still based on the islamic law, NU has established a procedure of bahtsul masail, which is a scientific forum to respond the problems of jurisprudence, both individual and public jurisprudence related to public affairs. In delivering fatwa or answering the problems of jurisprudence, NU likely only picks up old Jurisprudence reference which are relevant to the problems. However, NU is allowed to perform ilhaqul masa'il binadhairiha, even istinbath in jama'i if the problems of Jurisprudence which can not be solved with the old Jurisprudence reference.


Author(s):  
علي عارف

ملخّص يرمي هذاالبحث إلى بيان القضايا الشرعية التي تتعلق بالسر المهني، وبيان ما أبداه الفقه الإسلامي المعاصر من اهتمام بأحكامها، مع ذكر المسوغات والاستثناءات الشرعية في إفشائه، وتأصيل ذلك تأصيلاً شرعياً. ولقد جمع الباحث بين المنهج الاستقرائي في تتبع النصوص الشرعية، وجمع آراء الفقهاء القدامى منهم والمعاصرين، ثم تحليلها والمقارنة بينها ثم ترجيح ما يراه الباحث راجحاً، مع الإشارة إلى أحكام القوانين الوضعية في مثل هذه الحالات. ولقد توصل الباحث إلى أن السر الطبي حق للمريض لا يحق للطبيب إفشاؤه إلا برضا المعني حفاظاً على الأمانة أو في حالات استثنائية محدودة، كما أنه جريمة يعاقب عليها تعزيراً في الفقه الإسلامي، مع إيجاب التعويض في حالة لحوق الضرر المادي. الكلمات الرئيسة: إفشاء السر، السر الطبي، خيانة الأمانة، كتمان السر، التعويض المالي. Abstract This research aims to explain Islamic legal issues related to professional secrecy, and state the views from the contemporary Islamic Jurisprudence on the matter. It also mentions Islamic legal rationale and exceptions to reveal secrecy, grounded on legitimate arguments. In doing so, the researcher combines between inductive approach in finding the relevant religious texts, and the opinions of classical and modern scholars, and analyzing them and comparing among them in order to arrive at the more proper opinion among them, with reference to the provisions found in current civil laws for such cases. The researcher found that medical secrecy is the right of the patient and in order to preserve the trustworthiness, the doctor may not disclose it without his (patient’s) prior consent, or he is allowed to disclose it only in certain exceptional cases. It is also found that it could become an offence under the Islamic law, which is punishable through discretionary judgment, and obligation of compensation in cases of physical damages to the patient. Key Words: Revealing Secrecy, Medical Secrecy, Betrayal of Trust, Hiding Secret, Monetary Compensation. Abstrak Kajian ini bertujuan untuk menjelaskan isu perundangan yang berkaitan dengan kerahsiaan dalam amalan profesional seterusnya menjelaskan pandangan dari Fiqah Islam kontemporari mengenai isu ini. Ia juga menyatakan sebab-sebab dan keadaan-keaadaan yang dikecualikan untuk melakukannya berdasarkan kepada hujah-hujah yang perundangan yang muktamad. Untuk tujuan  ini, penyelidik menggabungkan antara pendekatan induktif dalam mendapatkan teks-teks agama yang relevan dan juga pendapat ulama lama dan moden. Analisa dan perbandingan di antara pendapat-pendapat ini akan dibuat untuk melihat yang manakah di antaranya yang lebih kukuh berdasarkan juga kepada apa yang boleh didapati daripada undang-undang sivil semasa untuk kes-kes tersebut. Hasil kajian mendapati bahawa kerahsiaan perubatan adalah hak pesakit dan pegawai perubatan berkenaan tidak boleh mendedahkan perkara tersebut tanpa persetujuannya untuk menjaga apa yang telah diamanahkan kepadanya atau atau dalam keadaaan-keaadaan tertentu yang dikecualikan. Ia juga didapati bahawa pendedahan yang dilakukan boleh menjadi satu kesalahan yang boleh dihukum berdasarkan Undang-undang Islam, serta boleh dituntut ganti ruginya sekiranya ia melibatkan kemudaratan berbentuk fizikal yang mungkin dialami oleh pesakit. Kata Kunci: Penyebaran Rahsia, Rahsia Perubatan, Khianat, Menyimpan Rahsia, Gantirugi Harta.


Author(s):  
Iyad Mohammad Jadalhaq ◽  
Luigi Russi

AbstractThe Islamic legal enterprise forms an inherently plural system that can appear puzzling to commentators looking for faithfulness to principle or precedent. When one looks at it, instead, as an ongoing search for correspondence between divine guidance, rooted in the foundational sources of Islam, and the singularity of concrete circumstances, Islamic law is revealed as a practice of discernment against the grain of the particular. This article unfolds this approach to understanding Islamic law by entering the conversation where it is currently most heated, namely in connection with the development of Islamic financial products. A case study of takāful regulation in the United Arab Emirates (UAE) helps substantiate the import of our proposal for attuning to the voice of Islamic jurisprudence (fiqh), in the face of contemporary questions arising from the design of financial products in correspondence with the Sharī’ah.


Author(s):  
Lyudmila B. Maevskaya ◽  
Khaisam Muhammad Aga

Recently, the study of the legacy of a medieval religious scholar Ibn Taymiyyah, who lived in Syria at the turn of 14th century, has become particularly relevant due to the growing activity of various radical groups. Notably, some parts of his teachings became the foundation of the ideology of various modern extremist sects such as Wahhabism. However, his answers to religious questions regarding the forbidden (haram) and the permitted (halal) remain understudied. Ibn Taymiyyah's ideas contradicts the unanimous conclusion of Islamic theologians on more than 60 issues. His opinion on certain issues provoked lively discussions to the point of even forbidding him to make conclusions on certain religious issues. In addition, his belonging to the Hanbali madhhab in Islam is questionable. Another problem of the study is its contradiction to the traditional Islamic concept of God. The main purpose of the study is to investigate the ideas of Ibn Taymiyyah on some issues of Islamic jurisprudence (fiqh), to compare his views with the opinions of Islamic theologians and to define erroneous ideas about jurisprudence. In this study, the main approach was to study the works of Ibn Taymiyyah and compare them with the works of Islamic theologians, representatives of different madhhabs. It was found that a certain number of religious and legal opinions of this religious scholar in matters of halal and haram contradict the legal norms of the vast majority of Muslims. This study proves that the teachings of Ibn Taymiyyah contradict the Islamic concept of God and religious and legal practice


1991 ◽  
Vol 8 (3) ◽  
pp. 579-581
Author(s):  
Yusuf Ziya Kavakci

'llm al khilaf is a science which deals with the Islamically sound argumentsused by Muslim jurists (fuqaha') to reach their various legal opinions. Assuch, it can also be known as comparative Islamic law. Historically, the variousmadhahib of Islam shared and benefitted from this science, and there is noreason why we also cannot benefit from it.We know that there were differences of opinion and practice even duringthe time of the Prophet Muhammad, for his Companions did not vieweverything the same way. This state of affairs naturally continued after theProphet’s death. The suhuf ascribed to some of the Companions and theinfixmation given in the relevant biographical literature were studied for details.The fiqh-related issues debated by the Companions increased in number andcomplexity during the time of the Successors (Tabi’un), when the developmentof Islamic jurisprudence was just getting started.The judicial and juristic opinions expressed in Majmu ‘al Fiqh by Zaydibn ‘Ali (d. l22/740), in al Muwatta’ by Imam Malik (d. 179/795), byMuhammad ibn al Hasan al Shaybani (d. 189/805) which he ascribed.to hismaster Abu Hanifah, and by Abu Yusuf Ya‘qub (d. 182/769), especially inhis Kitiib al Kharaj, a1 Radd ala Siyar al Awza'i, and Ikhtilaf Abi Hanifahwa Ibn Abi Layla may be cited here as the first scholarly sources of ‘ilmal khilaf. The related literature on differences between thefuqahii’ is fullof points which may be studied for further information.With the spread of Islam and the incorporation of many non-Muslimsubjects into its domains, new legal questions were raised. The resultingdecisions led to the profound and scholarly development of Ilm al khilafand the establishment of the methodological principles of Islamic law in severalbranches. However, it was not until the beginning of the fifth hijri centurythat comparative Islamic law was scientifically established as an independentbranch of Islamic law by Abu Zayd ‘Abd Allah ibn ‘Umar ibn ‘Isa ...


2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin

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.


ALQALAM ◽  
2017 ◽  
Vol 34 (1) ◽  
pp. 30
Author(s):  
Nur Hidayah

There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies.  The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch.    To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to have a strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business.     Keywords: Islam, entrepreneurship, entrepreneurial education.


ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten


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