The Role of Procreation (injāb) in Marital Life: a Shift Between Classical Islamic Law and Contemporary Fatwas

Hawwa ◽  
2020 ◽  
pp. 1-18
Author(s):  
Vardit Rispler-Chaim
Keyword(s):  
Medical Technology ◽  
Islamic Law ◽  
Medical Condition ◽  
Sexual Performance ◽  
Religious Texts ◽  
Advanced Medical Technology ◽  
Divorce Laws ◽  
Islamic Marriage ◽  
Sexual Disability

Abstract Classical Islamic marriage and divorce laws focus on both spouses’ ability to perform sexually. In fiqh texts, sexual disability is considered a serious medical condition. The fiqh literature lists certain sexual disabilities unique to men, unique to women, or shared by both sexes. Infertility (ʿuqm) is not found in any of these early fiqh lists, although we have proof in various Islamic religious texts that fertility and procreation have always been highly valued in society. In contemporary fatwas (from the Sunni world), the picture appears reversed, as fertility is given priority over sexual performance. In this paper, I illustrate this shift in attitude between the classical legal texts and contemporary fatwas. Then, I offer possible explanations for it. Among the main motivations suggested for the change are feminist Muslim writings, a growing awareness of human rights in the Islamic world, advanced medical technology, and economic factors.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

scholarly journals UNDERSTANDING THE MEANING OF GOD’S LEGISLATION: Critical Analysis of Islamic Law Reasoning Criticism in Indonesia

JURISDICTIE ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 182-201
Author(s):  
Ipandang Ipandang
Keyword(s):  
Islamic Law ◽  
Legal Reasoning ◽  
Conceptual Approach ◽  
Religious Texts ◽  
Analysis Process ◽  
The Social ◽  
The One ◽  
Textual Meaning ◽  
Interpretation Model

The existence of Islamic law in dealing with social problems is questioned. The authoritative claim on the establishment of Islamic law by certain ulama organization is presumed to weaken the role of Islamic law in society. This article aims to analyze the legal reasoning structure and interpretation model of mufti (the one issuing fatwa) in establishing Islamic law. This article is based on the doctrinal legal research with conceptual approach, particularly on the thought of Khaled M. Abou El Fadl. By going through the analysis process of critical negotiation, there will be constructive dialectic to produce a humanistic Islamic law. This article found that the authority of textual meaning needs to be placed on top of the authority of mufti. The structured legal reasoning will silence the tafsir plurality on religious texts. The stagnation of this fatwa can be bridged via open Hermeneutics method which is dialectic among the author, text, reader, and the target discourse. So, fatwa can be the fundamental solution of the social problem which is humanistic.Eksistensi hukum Islam dalam menangani masalah sosial kemasyarakatan mulai diragukan. Klaim otoritas penetapan hukum Islam oleh organisasi ulama tertentu disinyalir menjadi sebab melemahnya peran hukum Islam dalam masyarakat. Artikel ini bertujuan menganalisis struktur nalar hukum dan model interpretasi pemberi fatwa dalam penetapan hukum Islam. artikel ini berasal dari penelitian hukum doctrinal dengan konseptual khususnya pemikiran Khaled M. Abou El Fadl. Karena melalui proses analisis negosiasi kritis, akan muncul dialektika yang konstruktif untuk menghasilkan hukum Islam yang humanis. Artikel ini menemukan bahwa otoritas makna teks perlu diposisikan di atas kewenangan pemberi fatwa. Penalaran hukum yang terlembaga akan mendorong pembungkaman pluralitas tafsir teks agama. Kebekuan hasil fatwa ini dapat dijembatani melalui metode hermeneutika terbuka yang bersifat dialektis, antara pengarang, teks, pembaca, dan sasaran wacana. Sehingga fatwa dapat menjadi sandaran penyelesaian problem sosial kemasyarakatan yang humanis.

scholarly journals Milk Kinship and the Maternal Body in Shi’a Islam

Open Theology ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 43-53
Author(s):  
Ladan Rahbari
Keyword(s):  
Breast Milk ◽  
Interpersonal Relations ◽  
Islamic Law ◽  
Family Members ◽  
Maternal Body ◽  
Opposite Sex ◽  
The Relationship ◽  
Islamic Marriage ◽  
The Way

AbstractIn Islamic law, kinship is defined by consanguineal and affinal relationships. Birth and Islamic marriage are important events that define religious responsibilities of family members towards each other. Some responsibilities are connected to Mahramiyat, a framework of interpersonal relations that regulates marriages and interactions with the opposite sex. Besides consanguineal and affinal bonds, mahramiyat and kinship can also be established through breastfeeding. The relationship formed through breastfeeding is called milk mahramiyat/kinship. It is spoken of in the Quran and hadith and has been extensively discussed in Islamic Feqh. This study investigates Shi’i guidelines on milk kinship. My interest is in the exploration of existing gendered rulings on the conditions of milk mahramiyat/kinship in Shi’i jurisprudence. The analysis aims to bring forth discussions on the significance of breast milk and the maternal body, and to investigate how milk kinship is framed within the patrilineal system of kinship in Shi’a Islam. The findings discuss rulings on the role of milk-mother and -father in the way kinship takes effect. While patrilineal kinship is often defined based on a paternal ‘milk line’, the study suggests that alternative readings and interpretations of the Quran and hadith are available that centralize the mother and the maternal body.

scholarly journals GAGASAN KHALED ABU FADL TENTANG “ISLAM MODERAT VERSUS ISLAM PURITAN (PERSPEKTIF SOSIOLOGI PENGETAHUAN)

2009 ◽  
Vol 8 (1) ◽  
pp. 99
Author(s):  
Rusli Rusli
Keyword(s):  
Social Sciences ◽  
Human Rights ◽  
Civil Society ◽  
Traditional Knowledge ◽  
Islamic Law ◽  
Moral Values ◽  
Literal Meaning ◽  
Religious Texts ◽  
Social Sciences And Humanities

The spread of the Islamic puritan movements, which have beeninfluenced by Wahhabism and Salafism, is not positive for Muslimsocieties. According to Abu al-Fadl, the role of moderate Islam tocounter those movements is very important. The main purpose of themoderate Islam project is to establish a strong civil society based ontolerance and respect for human rights. To do this, the moderate Islamtakes the moral values such as equality, justice, and protection of humanlife as the foundation of Islamic law. Therefore, if one finds acontradiction between the literal meaning of religious texts and the basicmoral values, the latter should be prioritized. Moreover, to interpretreligious texts, one does not only need religious traditional knowledge,but also modern social sciences and humanities.

Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani

2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA
Keyword(s):  
Financial Markets ◽  
Islamic Law ◽  
Financial Service ◽  
Islamic Banks ◽  
Free Society ◽  
The Public ◽  
Turn On ◽  
The People ◽  
Strategic Role

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.

Commedia dell'arte Actresses and the Performance of Lovesickness

2009 ◽  
Vol 10 (2) ◽  
pp. 26-37
Author(s):  
Clarissa Hanora Hurley
Keyword(s):  
Medical Condition ◽  
Commedia Dell'arte ◽  
Cultural Attitudes ◽  
Gender Based

In the late sixteenth and early seventeenth centuries there was a conjunction of interest in erotomania as a “real” medical condition and the representation of that condition in literature and on the popular stage. This period corresponds with the rise of the professional actress of the commedia dell’arte. This paper explores some instances of pazzia (madness) scenes in the scenarios of Flaminio Scala and contemporary accounts of commedia performances with a view to better understanding the role of the professional theatre and professional actress in shaping and reflecting cultural attitudes towards gender-based erotic “distraction”.

scholarly journals Standard Quality Banking Services of Islamic Banks

2018 ◽  
Vol 8 (1) ◽  
pp. 301
Author(s):  
Haneen A. Al-Khawaja ◽  
Barjoyai Bardai
Keyword(s):  
Islamic Law ◽  
Theoretical Aspect ◽  
Islamic Banking ◽  
Islamic Banks ◽  
High Confidence ◽  
Banking Services ◽  
Standard Quality ◽  
Definition Of

This research discusses in detail the theoretical aspect of the quality standards of banking services of traditional Islamic banks. The criterion of "Shari'ah Compliance" was added by the researcher to the importance and role of dealing with Islamic banks, the definition of this standard and its importance, how to test it for banks as well as how, without the legitimate commitment of these banks to what is classified as Islamic from the foundation, we focus on the importance of the existence of a legal commitment to any Islamic bank to achieve the quality of Islamic banking services of high quality in accordance with Islamic law and laws to achieve a high confidence in the customers who belong to him and deal with his Conspiracy.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Endoluminal Graft Exclusion of a Proximal Para-Anastomotic Pseudoaneurysm following Aortobifemoral Bypass

1997 ◽  
Vol 4 (1) ◽  
pp. 88-94 ◽  
Author(s):  
Rodney A. White ◽  
Carlos E. Donayre ◽  
Irwin Walot ◽  
Eric Wilson ◽  
George Jackson ◽  
...  
Keyword(s):  
Medical Condition ◽  
Ct Scanning ◽  
Abdominal Ultrasound ◽  
Spiral Ct ◽  
Aortobifemoral Bypass ◽  
Anastomotic Pseudoaneurysm ◽  
Left Limb ◽  
Work Up ◽  
Abdominal Ultrasound Examination

Purpose: To describe a case of endoluminal graft exclusion of a proximal para-anastomotic pseudoaneurysm that occurred 17 years following aortobifemoral bypass for occlusive disease. Methods and Results: The lesion was found on abdominal ultrasound examination as part of a work-up for acute abdominal pain and upper gastrointestinal bleeding in a 67-year-old male. A 5-cm saccular pseudoaneurysm was confirmed by preintervention aortography and spiral computed tomography (CT) scanning. Because of the patient's acute symptoms and high-risk medical condition (cardiomyopathy), he was deemed a candidate for endoluminal bypass. At the time of intervention, intravascular ultrasound (IVUS) interrogation identified a 3.5-cm-long separation of the existing aortic graft from the proximal aortic stump with a large pseudoaneurysm. The lesion was isolated and repaired by placement of an aortic-to-right iliac endoluminal bypass, ligation of the left limb of the aortofemoral graft, and femorofemoral bypass to restore blood flow to the lower extremities. Spiral CT scans at 48 hours and 3 months following the procedure confirmed complete isolation of the lesion. Conclusions: This case illustrates the feasibility of endografting for repair of aortic para-anastomotic pseudoaneurysms, and it also highlights the potential role of IVUS imaging in endoluminal graft deployment.

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