scholarly journals KARAKTERISTIK PEMIKIRAN HUKUM ISLAM

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Muhammad Harfin Zuhdi
Keyword(s):  
Islamic Law ◽  
Islamic World ◽  
Historical Reality ◽  
Space And Time ◽  
Wide Range ◽  
Islamic Thought ◽  
Dimensions Of Space ◽  
Individual Perspective ◽  
Legal Opinion

Characteristics of Islamic Legal Opinion. Characterising Islamic legal opinion is a way of understanding the Islamic thought which has developed in historical reality. Islam as a divine religion, which has the holy Qur’an in the dynamics of history, experiences a dialectic process of interpretation that is strongly associated with dimensions of space and time. Every Muslim intellectual has an individual perspective in understanding the religion’s doctrine. In this context, there are visible dialectal encounters of discourse in the arena of contestation of Islamic legal opinion with a wide range of variants in understanding Islamic law. Several variants of Islamic legal opinion are revivalist, modernist, neo-revivalist and neo-modernist, or traditional, moderate and liberal. These categories are representive of the struggle of ideas in the Islamic world, including Indonesia.DOI: 10.15408/ajis.v14i2.1276

scholarly journals Tipologi Pemikiran Hukum Islam: Pergulatan Pemikiran dari Tradisionalis Hingga Liberalis

ULUMUNA ◽  
2017 ◽  
Vol 16 (1) ◽  
pp. 41-70
Author(s):  
Muhammad Harfin Zuhdi
Keyword(s):  
Long Range ◽  
Islamic History ◽  
Historical Reality ◽  
Space And Time ◽  
Legal Thought ◽  
Dimensions Of Space

Typology of Islamic legal thought is a method to understand the development Islam in the historical reality, and in the context of dynamics and dialectics of interpretation which is strongly associated with the dimensions of space and time. Every Muslim intellectual has its own perspective in understanding the doctrine of his religion, so there are dynamics of struggle of discourse contestation in the Islamic legal thought. This paper aims to elaborate a typology of Islamic legal thought which is categorized into three groups, namely the traditional, moderate, and liberal. The three-categories may represents the struggle of legal thought in the long range of Islamic history.

scholarly journals REKONSTRUKSI PEMIDANAAN DALAM HUKUM PIDANA ISLAM (PERSPEKTIF FILSAFAT HUKUM)

2014 ◽  
Vol 1 (2) ◽  
pp. 178
Author(s):  
Ahmad Syafiq
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Time History ◽  
Legal Philosophy ◽  
Human History ◽  
Space And Time ◽  
History Of ◽  
Theories Of Punishment ◽  
The Universe ◽  
Dimensions Of Space

Islamic Criminal Law is a living law in Indonesia, and that the Islamic Criminal Law be enacted or coloring in the criminal law in Indonesia, hence the need for a reconstruction against Islamic Criminal Law, especially in theories of punishment. Reconstruction of punishment in the Islamic Criminal Law in the perspective of legal philosophy can be done by doing the desecration (reinterpretation of the textual sources of law) Islamic Criminal Law and bring it in line with the flow of human history itself, rather than release it from the dimensions of space and time history of human civilization, to realize the goals of Islamic law is philosophically contained in maqasid al shariah ie benefit or blessing for the universe (rahmatan lil 'alamin).

سؤال العلاقة بين الفطرة والشريعة: قراءة معرفية (The Question of the Relationship between Shariah and Human Nature/fitrah: An Epistemological Review)

2018 ◽  
Vol 15 (1) ◽  
pp. 1-42
Author(s):  
المختار الأحمر
Keyword(s):  
Human Nature ◽  
Islamic Law ◽  
Interconnected Systems ◽  
Evolutionary Aspect ◽  
Islamic Thought ◽  
The Creation ◽  
The Relationship ◽  
Evolutionary Aspects ◽  
Shed Light

الملخّص يتناول البحث علاقة الفطرة بالشريعة في التفكير الإسلامي، وما تطرحه هذه العلاقة سواء على مستوى بيان الجوانب المتعلقة بخَلْق الإنسان وما فُطِر عليه ابتداء، وهذا البعد يمثّل الجانب التكوني في مفهوم الفطرة، أو على المستوى المتعلق بالشريعة وفطريتها، أي أنها جارية وفق ما يدركه العقل وتشهد به الفطرة، وهذا البعد يمثّل الجانب التشريعي الذي يطرحه مفهوم الفطرة. لقد زخرت أغلب الكتابات بتناول جانبا واحدا مما يتيحه أو يعكسه مفهوم الفطرة، لكن البحث في العلاقة التناسبية بين الفطرة والشريعة، وما يتيحه هذا النظر المتلازم بين المفهومين على مستوى الإمكانات المتعلقة بقدرات الإنسان الفطرية في فهم وتعقّل الخطاب الشرعي والأحكام التكليفية، والوقوف على غاياته ومقاصده، يبقى في حاجة إلى البحث والاستقصاء. ولذلك تأتي هذه الدراسة لتسليط الضوء على الجانب التشريعي والتكويني في علاقة الشريعة بالفطرة، باعتبارهما نظامين متلازمين يتيحان فهم طبيعة الشريعة وأحكامها ومقاصدها من جهة، وتحديد جوهر وماهية الإنسان الفطرية وإمكاناته في تعقّل هذه الشريعة من جهة ثانية.                  الكلمات المفتاحية: الفطرة، الشريعة، الدين، التكاليف، العقل. Abstract This research addresses the relationship between premordial human nature (fitrah) and Islamic law (SharÊÑah) within the frame of Islamic thought, while exploring the questions it raises at two levels. The first level explains the aspects related to the creation of man and what has initially been bestowed upon him, which represents the evolutionary aspect of the concept of fiÏrah. The second level is related to SharÊÑah and its nature, which evolves according to what is percieved by reason and witnessed by fiÏrah; this represents the legislative aspect presented by the concept of fiÏrah. The majority of studies to date address a single aspect of the illustrations of the concept of fiÏrah. However, research on the dialectic relationship between fiÏrah and SharÊÑah and what its relevant concurrent view provides at the level of potentials related to human innate capacities in understanding and realizing SharÊÑah discourse and mandatory provisions as well as understanding its objectives  remains scarce and requires further research and investigation. Therefore, this study intends to shed light on the legislative and evolutionary aspects of the relationship between SharÊÑah and fiÏrah as two interconnected systems that allow for the understanding of the nature of SharÊÑah, its provisions and purposes, as well as identifying the essence of human innate nature and its potential in perceiving SharÊÑah. Keywords: human nature (fiÏrah), Islamic law (SharÊÑah), religious mandates (TakÉlif), religion, intellect (ÑAqal).

Metode Tafsir Muhammad Abduh dan Muhammad Rasyid Ridha dalam Tafsîr Al-Manâr

TAJDID ◽  
2018 ◽  
Vol 25 (2) ◽  
pp. 119
Author(s):  
Ahmad Tholabi Kharlie
Keyword(s):  
Personality Traits ◽  
20Th Century ◽  
The Other ◽  
Early 20Th Century ◽  
Religious Thought ◽  
Islamic World ◽  
Islamic Thought ◽  
Muslim Scholars ◽  
Religious Counseling

Tafsîr al-Manar is one of the most popular exegesis of the Qur`anic studies. Al-Manar magazine, which contains this interpretation periodically, namely in the early 20th century, is widespread throughout the Islamic world and has an important role in enlightening thoughts and religious counseling. The influence of Sheikh Muhammad Abduh, along with his student, Sayyid Muhammad Rasyîd Ridhâ, on the development of religious thought in the Islamic world, thus, cannot be underestimated.This article is a result of a previous study of the Qur’an exegesis method of the two prominent Muslim scholars, Muhammad Abduh and Muhammad Rashid Ridha. The study reveals two main conclusions, they are (1) personally both Muhammad Abduh and Muhammad Rashid Ridha are independent who have extensive, well-known, and versatile insight and knowledge, have personality traits that are steady, honest, brave, passionate, intelligent, determined, and a number of other advantages, like other leading commentator (2) Al-manâr book, with its superiorities, is well recognized as a monumental work that broadly contributes to the development of Islamic thought, particularly in modern exegesis field. In regard to exegesis of Qur’anic legal verses, though it is not a special legal book, Al-manâr is able to explain deeply and comprehensively the Qur’anic legal verses just like the other legal exegesis works.

Khomeini’s Concept of Wilâyat Al-Faqîh and Its Influence on the Contemporary Indonesian Islamic Thought

TAJDID ◽  
2018 ◽  
Vol 25 (1) ◽  
pp. 33
Author(s):  
Hasan Bisri
Keyword(s):  
Academic Discourse ◽  
Status Quo ◽  
Islamic State ◽  
Islamic World ◽  
Islamic Studies ◽  
Islamic Thought ◽  
The Status ◽  
Scholarly Discussion ◽  
Religion And State ◽  
State Relations

The concept of wilâyat al-faqîh from Imam Khomeini was one of the products of Islamic thought. It has revive discourse on Islamic studies in various parts of the Islamic world. It is not only become a threat to the status quo of the Muslim rulers, in fact it has been raising the academic and scholarly discussion in the forums of national, regional, and international levels. The influence of  the concept of wilâyat al-faqîh from Imam Khomeini to contemporary Islamic thought in Indonesia looked on discourse about the relation between religion and state. Indeed, the debate on religion-state relations have long occurred in Indonesia, but in academic discourse becomes increasingly crowded since the concept of wilâyat al-faqîh serve as the basis for the establishment of the Islamic State of Iran by Imam Khomeini. Effect the concept of wilâyat al-faqîh in contemporary Indonesian Islamic thought encouraged by the publication of books by/about Imam Khoemini and about Shia in general and the development of Shi'i institutions in Indonesia.

Understanding Distressed Residential Transaction Discounts Across Price Segments and Market Conditions

2020 ◽  
Vol 42 (1) ◽  
pp. 151-182
Author(s):  
Ramya Rajajagadeesan Aroul ◽  
J. Andrew Hansz ◽  
Mauricio Rodriguez
Keyword(s):  
Transaction Costs ◽  
Time Varying ◽  
Market Segment ◽  
Market Conditions ◽  
Large Market ◽  
Space And Time ◽  
Wide Range ◽  
Time Periods ◽  
Market Areas

In the literature, there is a wide range of discounts associated with foreclosures. Comparisons across studies are difficult as they use different methodologies across large areas over different time periods. We employ a consistent methodology across space and time. We find modest discounts, within the range of typical transaction costs, in all but the highest priced market segment. Higher priced segments could explain prior findings of substantial discounts. We find that discounts are time-varying, with discounts increasing with market distress. A one-size-fits-all approach is not appropriate when estimating distressed transaction discounts across large market areas or under changing market conditions.

scholarly journals Natural Science and Supernatural Thought Experiments

Religions ◽  
2019 ◽  
Vol 10 (6) ◽  
pp. 389
Author(s):  
James Robert Brown
Keyword(s):  
Natural Science ◽  
Thought Experiment ◽  
Thought Experiments ◽  
The Other ◽  
Space And Time ◽  
Wide Range ◽  
The Difference ◽  
Theological Thought

Religious notions have long played a role in epistemology. Theological thought experiments, in particular, have been effective in a wide range of situations in the sciences. Some of these are merely picturesque, others have been heuristically important, and still others, as I will argue, have played a role that could be called essential. I will illustrate the difference between heuristic and essential with two examples. One of these stems from the Newton–Leibniz debate over the nature of space and time; the other is a thought experiment of my own constructed with the aim of making a case for a more liberal view of evidence in mathematics.

The Dilemmas of Islamic Bioethics in the Twenty-first Century

2011 ◽  
Vol 28 (1) ◽  
pp. 45-75
Author(s):  
Dr. Anke Iman Bouzenita
Keyword(s):  
Brain Death ◽  
Medical Care ◽  
Case Studies ◽  
Islamic Law ◽  
Life Sciences ◽  
First Century ◽  
Islamic Bioethics ◽  
Islamic World ◽  
Twenty First Century

The current discourse on bioethical questions often reveals a certain patchiness or seeming inability to answer contemporary bioethical problems within an Islamic epistemological paradigm. Attempting to analyze the causes of this phenomenon, the author describes the decontextualization of Islamic concepts from a background of secularized medical care and the ethics in the Islamic world—as well as the estrangement due to these questions of Islamic law from its holistic framework of application as a pervasive phenomenon, which brought about the dilemmas of bioethics in the twenty-first century. The author discusses chosen bioethical case studies in this light, with a focus on the concept of brain death. Doing so, the author takes into consideration the paradigmatic relationship between science, bioethical models, and the implications of the relevant different worldviews. The author shows how constructed realities related to the life sciences have been imported from the secular setting into an already estranged Islamic context to be answered, and describes the evolving dilemmas that make Islamic bioethics appear like a stranger moving in a strange land.

Islam and Nationalism in Modern Greece, 1821-1940

2021 ◽  
Author(s):  
Stefanos Katsikas
Keyword(s):  
World War Ii ◽  
Collective Identity ◽  
Islamic Law ◽  
Religious Groups ◽  
Greek Orthodox ◽  
Independent State ◽  
The Balkans ◽  
Wide Range ◽  
Balkan States ◽  
Muslim Minorities

Drawing from a wide range of primary archival and secondary Greek, Bulgarian, and Turkish sources, the book explores the way the Muslim populations of Greece were ruled by state authorities from Greece’s political emancipation from the Ottoman Empire in the 1820s up to the country’s entrance into World War II, in October 1940. In particular, the book examines how state rule influenced the development of the Muslim populations’ collective identity as a minority and how it affected Muslim relations with the Greek authorities, Greek Orthodox Christians, and other ethnic and religious groups. Greece was the first country to become an independent state in the Balkans and a pioneer in experimenting with minority issues. With regards to its Muslim populations, Greece’s ruling framework, and many of the country’s state administrative measures and patterns were to serve as a template at a later stage in other Christian Orthodox Balkan states with Muslim minorities (e.g., Bulgaria, Romania, Serbia, Cyprus): Muslim religious officials were empowered with authorities they did not have in Ottoman times, and aspects of Islamic law (sharia) were incorporated into the state legal system to be used for Muslim family and property affairs. The book shows that these and any policies can be ambivalent and cannot be a guide to present-day solutions. It also argues that religion remained a defining element and that religious nationalism and public institutions played an important role in the development of religious and ethnic identity.

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