scholarly journals Qadis and Their Social Networks: Defining the Judge’s Neutrality in Abbasid Iraq

2017 ◽  
Vol 4 (2) ◽  
pp. 123-141
Author(s):  
Mathieu Tillier
Keyword(s):  
Social Networks ◽  
Social Environment ◽  
Social Dynamics ◽  
Legal Theory ◽  
Personal Knowledge ◽  
Local Society ◽  
Islamic Legal Theory

AbstractEarly Abbasid qadis were appointed not only to dispense justice but also to manage properties. They needed, therefore, to know the business of their district’s population, and their integration into local society facilitated their understanding of social dynamics. However, their membership in local and tribal networks could threaten their judicial neutrality. How could the relations a qadi maintained with his social environment be reconciled with the imperatives of Islamic justice? This article proposes that two types of solutions were experimented with. On the administrative level, qadis designated from outside their judicial district reduced the influence of their family and tribal networks, which led them to rely on new networks, through professional witnesses in particular. At the same time, Islamic legal theory came to discuss a qadi’s ability to base his legal judgment on his personal knowledge of a case, which allowed defining a strict separation between a qadi’s social individuality and his judicial function.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

Critical Thinking and Its Implications for Contemporary Ijtihad

2010 ◽  
Vol 27 (4) ◽  
pp. 45-67
Author(s):  
Sayed Sikandar Shah ◽  
Mek Wok Mahmud
Keyword(s):  
Critical Thinking ◽  
Legal Theory ◽  
Dynamic Feature ◽  
Islamic Revival ◽  
Current State ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
Revival Movements ◽  
State Of Affairs ◽  
Islamic Civilization

As an intellectual process, critical thinking plays a dynamic role in reconstructing human thought. In Islamic legal thought, this intellectual tool was pivotal in building a full-fledged jurisprudential system during the golden age of Islamic civilization. With the solidification of the science of Islamic legal theory and the entrenchment of classical Islamic jurisprudence, this process abated somewhat. Recent Islamic revival movements have engendered a great zeal for reinstituting this process. The current state of affairs in constructing and reconstructing Islamic jurisprudence by and large do not, however, reflect the dynamic feature of intellectual thought in this particular discipline. Thus this article attempts to briefly delineate this concept, unveil the reality on the ground, and identify some hands-on strategies for applying critical thinking in contemporary ijtihad.

scholarly journals Reciprocity and behavioral heterogeneity govern the stability of social networks

2020 ◽  
Vol 117 (6) ◽  
pp. 2993-2999 ◽  
Author(s):  
Roslyn Dakin ◽  
T. Brandt Ryder
Keyword(s):  
Social Networks ◽  
Social Connectedness ◽  
Social Dynamics ◽  
Social Systems ◽  
Bird Species ◽  
Network Stability ◽  
Apparent Paradox ◽  
Trade Off ◽  
Behavioral Heterogeneity ◽  
The Stability

The dynamics of social networks can determine the transmission of information, the spread of diseases, and the evolution of behavior. Despite this broad importance, a general framework for predicting social network stability has not been proposed. Here we present longitudinal data on the social dynamics of a cooperative bird species, the wire-tailed manakin, to evaluate the potential causes of temporal network stability. We find that when partners interact less frequently and when social connectedness increases, the network is subsequently less stable. Social connectivity was also negatively associated with the temporal persistence of coalition partnerships on an annual timescale. This negative association between connectivity and stability was surprising, especially given that individual manakins who were more connected also had more stable partnerships. This apparent paradox arises from a within-individual behavioral trade-off between partnership quantity and quality. Crucially, this trade-off is easily masked by behavioral variation among individuals. Using a simulation, we show that these results are explained by a simple model that combines among-individual behavioral heterogeneity and reciprocity within the network. As social networks become more connected, individuals face a trade-off between partnership quantity and maintenance. This model also demonstrates how among-individual behavioral heterogeneity, a ubiquitous feature of natural societies, can improve social stability. Together, these findings provide unifying principles that are expected to govern diverse social systems.

scholarly journals THE FATWA OF THE COUNCIL OF INDONESIAN ULAMA ON INTER-RELIGIOUS MARRIAGE

2009 ◽  
Vol 1 (1) ◽  
Author(s):  
R. Cecep Lukman Yasin
Keyword(s):  
Legal Theory ◽  
Indonesian Population ◽  
Outer Island ◽  
The People ◽  
Islamic Legal Theory ◽  
Prophetic Tradition ◽  
Legal Opinion

The Qur’anic text states that it is lawful to marry women from among the People of the Book, while in the prophetic tradition it is reported that the Prophet himself had a non-Muslim wife. However, the campaign to propagate Christianization which had been tirelessly carried out by well-organized missionary organizations was reported to have successfully christianized segments of the Indonesian population especially in the heathen hinterland and among outer island tribes. Given the circumstances, the Muslim leaders and ulama perceived inter-religious marriage as a hidden Christianization. The increasing incidence of inter-religious marriage raised the concern of the Indonesian Council of Ulama. Responding to this problem, in June 1, 1980 the Council issued a fatwa which explicitly prohibits a Muslim to marry a non-Muslim. Even though the position adopted by the fatwa was quite a radical departure from the prevalent opinion in classical fiqh text, this legal opinion is still within the permissible frame of Islamic legal theory of maslahah (beneficial theory). This legal theory is encapsulated in the Syafi’i school’s legal maxim stating that “Dar’u al-mafâsid muqaddam ‘alâ jalb al-masâlih” (Preference is given to the prevention of harm than to attainment of benefit)<br /><br />Al-Quran menegaskan kehalalan menikahi wanita Ahl al-Kitab, sementara hadis menyebutkan bahwa Nabi sendiri beristeri seorang non-Muslim. Namun, gerakan kristenisasi yang dijalankan oleh lembaga missionaris terorganisir telah berhasil memurtadkan sejumlah penduduk Muslim Indonesia, terutama di daerah pinggiran dan pedalaman. Karena itu, para ulama dan pemimpin Islam memandang pernikahan beda agama sebagai bagian dari gerakan kristenisasi terselubung. Tingginya kasus pernikahan beda agama memunculkan keprihatinan Majlis Ulama Indonesia (MUI). Menanggapi masalah ini, pada 1 Juni 1980, MUI mengeluarkan fatwa yang secara tegas melarang seorang pria Muslim menikahi wanita non-Muslim. Meskipun menyimpang dari pendapat yang dianut dalam fiqh klasik, fatwa ini masih berada dalam bingkai teori hukum Islam yang dikenal dengan konsep maslahah. Teori hukum ini dirumuskan dalam kaidah fiqhiyah madzhab Syafi’i yang berbunyi “upaya mencegah kemudaratan lebih didahulukan dari pada upaya meraih kemaslahatan.”<br /><br />Keywords: Fatwa, The Council of Indonesian Ulama, Inter-Religious Marriage<br /><br />

scholarly journals O CONCEITO DE LÓGICA NOS DISCURSOS POLÍTICOS VEICULADOS NO FACEBOOK: UMA PROPOSTA DE ATIVIDADE NO ENSINO DE FILOSOFIA.

2020 ◽  
Vol 13 (4) ◽  
pp. 370
Author(s):  
Júlio César De Carvalho-Santos ◽  
Felipe Mattei
Keyword(s):  
High School ◽  
Social Networks ◽  
High School Students ◽  
Public School ◽  
Social Environment ◽  
Theory And Practice ◽  
School Students ◽  
The Social ◽  
Additional Support

With the amount of speeches delivered on social networks that students browse continuously, it is possible to use this mechanism as an additional support for classes. This research, using this possibility, seeks to present a didactic sequence applied to high school students from a public school, whose objective is to examine the concept of logic, present in the speeches of the two main candidates for the presidency of Brazil, in 2018 The proposal is to demonstrate to students how the concepts of logic can be identified in discourses that permeate the social environment and are part of the reality experienced by students. It is hoped that this research can contribute as a reference to an activity of theory and practice, such a relevant discussion in the school scenario.

scholarly journals The Social Environment’s Relationship With Frailty: Evidence From Existing Studies

2017 ◽  
Vol 38 (1) ◽  
pp. 3-26 ◽  
Author(s):  
Daan Duppen ◽  
Michaël C. J. Van der Elst ◽  
Sarah Dury ◽  
Deborah Lambotte ◽  
Liesbeth De Donder ◽  
...  
Keyword(s):  
Social Support ◽  
Social Networks ◽  
Social Environment ◽  
Social Participation ◽  
Later Life ◽  
Informal Networks ◽  
Five Dimensions ◽  
The Social ◽  
The Family

Increasingly, policymakers assume that informal networks will provide care for frail older people. While the literature has mainly discussed the role of the family, broader social networks are also considered to be important. However, these social networks can diminish in later life. This systematic review investigates whether the social environment increases the risk of frailty or helps to prevent it. Findings from 15 original studies were classified using five different factors, which denoted five dimensions of the social environment: (a) social networks, (b) social support, (c) social participation, (d) subjective neighborhood experience, and (e) socioeconomic neighborhood characteristics. The discussion highlights that the social environment and frailty are indeed related, and how the neighborhood dimensions and social participation had more consistent results than social support and social networks. Conclusively, recommendations are formulated to contemplate all dimensions of the social environment for further research examining frailty and community care.

Legislation as an Instrument of Islamic Law

2016 ◽  
pp. 550-584
Author(s):  
Leonard Wood
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Legal Theory ◽  
Islamic World ◽  
Islamic Legal Theory ◽  
History Of

This article examines legislation as an instrument of Islamic law in the history of the Islamic world and in Islamic legal theory, with particular emphasis on the scholarly analysis of whether Islamic law can be legislated at all, and if so, how. It first reviews the scholarship on legislation in the Islamic world before the mid-nineteenth-century Ottoman reforms (tanzimat)—the “premodern” centuries. It then considers legislation after the mid-nineteenth century—the “modern” centuries—by looking at scholars’ preoccupations with the apparent novelty of modern legislation and its debatable Islamicity. It also discusses empirical dilemmas underlying these preoccupations and competing scholarly approaches to theorizing and studying the proper relationship between legislation and Islam. The article concludes by suggesting four paths forward in the analysis of legislation as an instrument of Islamic law.

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.

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