From Transitory Status to Perpetual Sententiae: Rethinking Polygamy in Islamic Traditions

AbstractPolygamy and inequity in inheritance rights are two fundamental concerns that continue to challenge the logic and practice concerning the way women are treated in Islamic society. These two subjects remain beyond the scope of critical analysis due in part to the explicit legal proof (dalīl) that is found in the Qur'ān. How explicit are such legal proofs in general and is there any scope for an alternative interpretation? The consensus that emerged on these two matters would suggest that there is none. However, in this paper, I would argue that the perceived consensus is guided and dictated by the fact that during the formative period of Islamic law, interpretive and normative disciplines were dominated by men; hence, the male bias. It can be argued, based on historical and linguistic evidence, that there is a very plausible alternative understanding that is radically different from any of those proposed by traditionalists.

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Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽

10.36667/tajdid.v26i1.317 ◽

2019 ◽

Vol 26 (1) ◽

pp. 1

Author(s):

Husni Husni

Keyword(s):

Existence Of God ◽

Good Deed ◽

The Law ◽

To Receive ◽

Islamic Society ◽

Muslim Scholars ◽

The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

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Authority by Allusion

10.1093/oso/9780198805939.003.0006 ◽

2017 ◽

Author(s):

Rebecca Skreslet Hernandez

Keyword(s):

Social Media ◽

Fifteenth Century ◽

Islamic Law ◽

Religious Institutions ◽

Political Arena ◽

Modern Era ◽

The Way

The final chapter brings the discussion of al-Suyūṭī’s legal persona squarely into the modern era. The discussion explores how contemporary jurists in Egypt use the legacy of the great fifteenth-century scholar in their efforts to frame their identity and to assert authority as interpreters and spokesmen for the Sharīʿa in a political arena that is fraught with tension. In the midst of Mursī’s embattled presidency, leading scholars at Egypt’s state religious institutions rushed to news and social media outlets to affirm their status as representatives of “orthodoxy” and to distance themselves from more extreme salafī trends that threaten to change the way Islamic law is practiced in the modern Egyptian state. It is striking how closely the image of the moderate Sunni, Sufi-minded, theologically sound scholar grounded in the juristic tradition (according to the accepted legal schools) fits with the persona that al-Suyūṭī strove so tenaciously to construct.

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REKONSTRUKSI IJTIHĀD DALAM ILMU UṢŪL AL-FIQH

Al-Ahkam ◽

10.21580/ahkam.2012.22.2.9 ◽

2012 ◽

Vol 22 (2) ◽

pp. 161

Author(s):

Rokhmadi Rokhmadi

Keyword(s):

Islamic Law ◽

The Other ◽

Basic Principles ◽

The Law ◽

The Way

Al-Qur’an and Sunnah, needs of understanding and extracting optimally, so that the contents of law can be applied for the benefit of people. The way- to understand and to extract the contents in these two sources- called ijtihād. Thus, ijtihād is needed on istinbāṭ of law from many arguments of the texts (naṣ), eventhough it is qaṭ’ī in which the uṣūliyyūn have agreed that it is not the area for re-extracting to the law (ijtihādiyyah). The problem in this case is that even a qaṭ’ī argument according to the most of uṣūliyyūn has not been qaṭ’ī argument in the other uṣūliyyūn opinion. Reconstruction of ijtihād becomes an alternative, with some considerations: First, weight and tightening the requirements to become a mujtahid, which is almost impossible controlled by someone at the present time; Second, the increasing complexity of the problems faced by the ummat which is very urgent to get the solution; Third, let the period without ijtihād (vacuum of mujtahid) is contrary to the basic principles of Islamic law are always sāliḥ li kulli zamān wa makān. This paper present to discuss further about the urgency of the reconstruction of ijtihād in the challenge of modernity.***Al-Qur<ins cite="mailto:hasan" datetime="2015-02-17T11:11">’</ins>an maupun <ins cite="mailto:hasan" datetime="2015-02-17T11:11">s</ins>unnah sangat membutuhkan pemahaman dan penggalian secara optimal agar isi kandungan hukumnya dapat diterapkan bagi kemaslahatan umat. Cara untuk menggali dan mengeluarkan isi kandungan yang ada dalam kedua sumber tersebut dinamakan ijtihād. Ijtihād sangat dibutuhkan pada setiap isti<ins cite="mailto:muthohar" datetime="2015-01-29T05:30">n</ins><del cite="mailto:muthohar" datetime="2015-01-29T05:30"></del>bāṭ hukum dari dalil naṣ, sekalipun dalil naṣ tersebut bersifat qaṭ'ī yang oleh para uṣūliyyūn sudah disepakati tidak menjadi wilayah untuk dijitihadi lagi. Permasalahannya adalah bahwa sesuatu dalil naṣ yang sudah bersifat qaṭ'ī sekalipun oleh sebagian besar uṣūliyyūn, belum tentu dipandang qaṭ'ī oleh sebagian uṣūliyyūn yang lain. Rekonstruksi ijtihād menjadi sebuah alternatif, dengan beberapa pertimbangan: Pertama, berat dan ketatnya persyaratan-persyaratan menjadi seorang mujtahid, yang hampir tidak mungkin dikuasai oleh seseorang pada masa sekarang; Kedua, semakin kompleksnya permasalahan yang dihadapi oleh ummat yang sangat mendesak untuk mendapatkan solusi; Ketiga, membiarkan satu periode tanpa ijtihād (kevakuman mujtahid) adalah bertentangan dengan prinsip dasar hukum Islam yang selalu sāliḥ li kulli zamān wa makān. Tulisan ini hadir untuk mendiskusikan lebih jauh tentang urgensi rekonstruksi ijtihād dalam menghadapi tantangan modernitas.***Keywords: ijtihād, qaṭ'ī, ẓannī, uṣūl al-fiqh

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The Religious Responsibilities of the Rulers; Prophet PBUH as a Role Model

Al-Duhaa ◽

10.51665/al-duhaa.001.02.0045 ◽

2021 ◽

Vol 1 (02) ◽

Author(s):

Ahmed Abdul Rehman ◽

Ussama Ahmed ◽

Ahmed Abdullah

Keyword(s):

Role Model ◽

Islamic Law ◽

Human Life ◽

Self Esteem ◽

Substantial Effect ◽

Public Confidence ◽

The People ◽

The Right ◽

Material Values ◽

Islamic Society

ISLAM is the religion that emphases on the overall human life. It covers all aspects of the physical body, the soul or the spirit, the emotion and the intellect. The Almighty Allah has stated that, True believers those who, if we give them power in the land, establish regular prayer and give zakat, enjoin the right and forbid wrong. That So, we can highlight from these directives of the holy Quran that the religious responsibilities of the Muslim rulers are that they protect the Divine bounds; defend the religion and invite the people to Allah by means of argument and good advice. A ruler is a trustee of the people and vicegerent of Allah. The ruler of a Muslim state has, among other things, to enjoin what is right and forbid what is wrong. What could be right and wrong has been clearly identified in the Quran and sunnah. Some of the acts and behaviors identified which can be promoted more appropriately through positive measures like counselling, motivation, preaching, guidance, creation of appropriate environment, and other similar measures. The most effective of these measures could, however, be what is called exemplifying. It would mean that the ruler should do himself what is right and refrain from doing what is wrong and thereby set an example. Leading by exemplifying has deep psychological and substantial effect on others to follow and emulate. Therefore, the Seerah of the prophet PBUH is the best source for us in this regard. However, it encompasses the efforts made to develop human-being or individual who is pure of heart, pure in mind and pure in deeds where he can function as a member of society, who is civilized and has a high self-esteem. An individual’s awareness towards one’s responsibilities and a high self-esteem can bring for a peaceful and harmonious nation. Thus, the establishment of the Islamic society base on the voice of development together with material values and humanity. Because of which, the role of leaders of Islamic society must be proactive in plotting the path of educational system of the nation based on piety and faith. As for the obligations of ruler in the light of Seerah, I shall refer to the principles which Al-Mawridi r.a has discussed: The preservation of the Faith, true to its origin and in keeping with the consensus of those who participated in the founding of the Ummah, Defense of the Realm. He must carry out the Hadd punishments to ensure the limits prescribed by Allah and so that the rights of general public shall be protected. The other responsibilities are implementation of the principles of Islamic Law, governing disputes, The active propagation of the Faith, The collection of various taxes required by the Shariah, The provision of financial assistance and the assessment of claims against the Treasury, To be solicitous of the public confidence, and to consider fully the council of his advisors in their areas of responsibility, To actively oversee all aspects of government, and to keep himself well and widely informed. This paper thus discusses on the responsibilities of a ruler from the Seerah perspective.

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Whereas an observer has nothing to do with it!

Communications of the Byurakan Astrophysical Observatory ◽

10.52526/25792776-2021.68.1-125 ◽

2021 ◽

pp. 125-129

Author(s):

Emir E. Ashursky

Keyword(s):

Critical Analysis ◽

Controversial Issues ◽

The One ◽

Current Potential ◽

The Way

In this article, the author, as possible, subjects to a comprehensive (though mostly, it's true, critical) analysis the one-sided attempts of a number of current Western astrophysicists to somehow substantiate the well-known Fermi paradox. Is it a joke to say: in own perverted designs, some of them even go so far as to unceremoniously rearrange the cause with the effect! However, so to speak, "for greater pluralism of views", we'll along the way quote many other, much clearer and sapider opinions on this topic | right from the lips of alternatively thinking scholars (and besides - I note - with a world name!). Wherein some of them frankly assess the today stalemate uncertainty as a kind of creative stagnation; second are inclined towards the version of consumerity-driven global theoretical shift; while third directly declare that it is time for representatives of the exact sciences, obviously, to prepare for the change of the old starry paradigm to cardinally updated one. But still, without waiting for the weather by the sea (as well as just for spite the arrogant purse-proud Yankees, who, alas, do not seriously recognize our current potential capabilities, or even past truly grandiose achievements), here we will try independently to resolve some of the most controversial issues.

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MAKING THE CONTENTS OF LETTERS IN THE NOTARIS IN ISLAM'S LEGAL PERSPECTIVE

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v4i2.1747 ◽

2017 ◽

Vol 4 (2) ◽

pp. 234

Author(s):

Tubus Tubus

Keyword(s):

Islamic Law ◽

Field Research ◽

Secondary Data ◽

Point Of View ◽

Primary Data ◽

Legal Perspective ◽

The Future ◽

The Will ◽

The Ideal ◽

The Way

This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.

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Dialektika Maqasid as-Syari’ah Dalam Metode Istinbath Hukum Islam

Tasamuh Jurnal Studi Islam ◽

10.47945/tasamuh.v13i1.381 ◽

2021 ◽

Vol 13 (1) ◽

pp. 83-100

Author(s):

Muh. Muhyiddin ◽

Ibnu Chudzaifah ◽

Afroh Nailil Hikmah

Keyword(s):

Islamic Law ◽

Scientific Discipline ◽

Benefit Analysis ◽

The People ◽

Important Correlation ◽

The Way

Maqashid as-shari'ah is a new trend in the legal istinbath that is undergoing development in the contemporary era. The development of the method of extracting the source of contemporary Islamic law is now considered more promising as using maqashid as-sharia. As a scientific discipline that is the development of fiqh and fiqh rules, maqashid as-shari'ah is now widely studied by experts in Islamic law more deeply. Benefit as the essence of maqashid as-shari'ah, has urgency in determining Islamic law. Because Islamic law is revealed has the purpose and purpose to realize the benefit of the people both in this world and in the Hereafter. Thus the study of maqashid as-shari'ah has a very important correlation in extracting the source of Islamic law, in other words that the excavation of Islamic law based on benefit still refers to the books of qawaid al-fiqhi and ushul al-fiqh. As for the way used by the scholars' in exploring the benefits there are three methods: bayani method (substantive analysis), qiyasi method (analogy analysis), and istishlahi method (benefit analysis)

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Shariah

10.1093/oso/9780197538616.003.0002 ◽

2021 ◽

pp. 17-25

Author(s):

Mohammad Hashim Kamali

Keyword(s):

Islamic Law ◽

Moral Values ◽

Daily Lives ◽

Legal Rules ◽

Concise Review ◽

Broad Concept ◽

History Of ◽

Definition Of ◽

The Way

In addition to a concise review of the meaning and definition of shariah, the chapter introduces the sources of shariah, including the two main types of revealed and rational sources and their subdivisions. The history of shariah (“the way to the watering place,” or “the path to correct guidance, salvation, and relief”) is occupied with scholastic developments and the embodiment of what became known as fiqh, which consists mainly of the practical rules of Islamic law that regulate the daily lives of Muslims. Shariah is a broad concept that is not confined to legal rules but comprises the totality of guidance that God Most High has revealed to humankind, pertaining to the dogma of Islam, its moral values, and its practical legal rules.

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26. Future Trends

European Intellectual Property Law ◽

10.1093/he/9780198831280.003.0026 ◽

2019 ◽

pp. 581-612

Author(s):

Justine Pila ◽

Paul L.C. Torremans

Keyword(s):

Theoretical Analysis ◽

Critical Analysis ◽

Free Market ◽

Future Trends ◽

European Level ◽

The Future ◽

Market Perspective ◽

Technical Rules ◽

The Eu ◽

The Way

This chapter offers an outlook to the future of IP at the European level. The EU and its legal instruments primarily approach IP from a utilitarian free market perspective and that applies also to the way they look at the future. The chapter focuses primarily on that angle when it looks at how the European IP system could and should function in the future and which direction it is taking. In a sense it offers an opportunity for reflection and attempts to enhance the reader's insight in and understanding of IP by wrapping the critical analysis of its technical rules up in a more theoretical analysis.

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What oral historians and historians of science can learn from each other

The British Journal for the History of Science ◽

10.1017/s0007087419000517 ◽

2019 ◽

Vol 52 (4) ◽

pp. 673-688 ◽

Cited By ~ 4

Author(s):

PAUL MERCHANT

Keyword(s):

Oral History ◽

Critical Analysis ◽

Life Stories ◽

Life Story ◽

The Other ◽

British Library ◽

National Life ◽

Life Story Interviews ◽

The One ◽

The Way

AbstractThis paper is concerned with the use of interviews with scientists by members of two disciplinary communities: oral historians and historians of science. It examines the disparity between the way in which historians of science approach autobiographies and biographies of scientists on the one hand, and the way in which they approach interviews with scientists on the other. It also examines the tension in the work of oral historians between a long-standing ambition to record forms of past experience and more recent concerns with narrative and personal ‘composure’. Drawing on extended life story interviews with scientists, recorded by National Life Stories at the British Library between 2011 and 2016, it points to two ways in which the communities might learn from each other. First, engagement with certain theoretical innovations in the discipline of oral history from the 1980s might encourage historians of science to extend their already well-developed critical analysis of written autobiography and biography to interviews with scientists. Second, the keen interest of historians of science in using interviews to reconstruct details of past events and experience might encourage oral historians to continue to value this use of oral history even after their theoretical turn.

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