scholarly journals Ijtihad Methods of The Prophet’s Companions and Its Influence on Islamic Legal Traditions

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Achmad Kholiq ◽  
Achyar Zein
Keyword(s):  
Positive Influence ◽  
Legal Tradition ◽  
Rational Thinking ◽  
The Past ◽  
Legal Traditions ◽  
Significant Events ◽  
Islamic Jurisprudence ◽  
Legal Thinking ◽  
Historical Resources

This study examines the influence of the ijtihad methods of the Prophet’s companion on two major schools of thought in Islamic legal tradition. These are the rational thinking of Abu Hanifah, known as ahl al-ra’y and Malik ibn Anas, known as ahl hadith. This study is a historical enquiry by critically analyzing significant events in the past around the lives of those two figures. Various historical resources are used, tarikh tashri’ and fiqh (Islamic jurisprudence) literature, etc. This study finds out that there is a positive influence of the Prophet’s companions’ ijtihad methods with the legal thinking of Abu Hanifah and Malik ibn Anas. This implies that the method significantly influences the formulation of Islamic jurisprudence by those two figures. Abstrak:Penelitian ini mengkaji pengaruh metode ijtihad para sahabat nabi terhadap dua mazhab besar dalam tradisi hukum Islam. Metode tersebut yakni  pemikiran rasional Abu Hanifah yang dikenal dengan ahl al-ra'y dan Malik bin Anas yang dikenal dengan ahl al-hadits. Kajian ini merupakan penyelidikan sejarah dengan menganalisis secara kritis peristiwa-peristiwa penting di masa lalu seputar kehidupan kedua tokoh tersebut. Untuk itu,  digunakan berbagai  sumber sejarah, literatur tarikh tashri’ dan kitab fikih, dll. Penelitian ini menemukan bahwa ada pengaruh positif metode ijtihad para sahabat nabi dengan pemikiran hukum Abu Hanifah dan Malik ibn Anas. Hal ini menunjukkan bahwa metode berpengaruh secara signifikan terhadap perumusan fikih Islam oleh kedua tokoh tersebut. 

The Feudal Origins of the Western Legal Tradition

ORDO ◽  
2019 ◽  
Vol 2019 (70) ◽  
pp. 3-20
Author(s):  
Cameron Harwick ◽  
Hilton Root
Keyword(s):  
Large Scale ◽  
Political Authority ◽  
Political Organization ◽  
Roman Law ◽  
Political Strategy ◽  
Legal Tradition ◽  
Legal Development ◽  
Limited Government ◽  
Legal Traditions

AbstractThis paper draws a distinction between ‘communitarian’ and ‘rationalist’ legal orders on the basis of the implied political strategy. We argue that the West’s solution to the paradox of governance – that a government strong enough to protect rights cannot itself be restrained from violating those rights – originates in certain aspects of the feudal contract, a confluence of aspects of communitarian Germanic law, which enshrined a contractual notion of political authority, and rationalistic Roman law, which supported large-scale political organization. We trace the tradition of strong but limited government to the conflict between factions with an interest in these legal traditions – nobles and the crown, respectively – and draw limited conclusions for legal development in non-Western contexts.

scholarly journals Challenge of diabetes mellitus and researchers’ contributions to its control

2021 ◽  
Vol 19 (1) ◽  
pp. 614-634
Author(s):  
Ayodele T. Odularu ◽  
Peter A. Ajibade
Keyword(s):  
Diabetes Mellitus ◽  
Medical Records ◽  
Diabetes Type ◽  
Future Studies ◽  
The Past ◽  
Significant Events ◽  
Review Study ◽  
Type 3

Abstract The aim of this review study was to assess the past significant events on diabetes mellitus, transformations that took place over the years in the medical records of treatment, countries involved, and the researchers who brought about the revolutions. This study used the content analysis to report the existence of diabetes mellitus and the treatments provided by researchers to control it. The focus was mainly on three main types of diabetes (type 1, type 2, and type 3 diabetes). Ethical consideration has also helped to boost diabetic studies globally. The research has a history path from pharmaceuticals of organic-based drugs to metal-based drugs with their nanoparticles in addition to the impacts of nanomedicine, biosensors, and telemedicine. Ongoing and future studies in alternative medicine such as vanadium nanoparticles (metal nanoparticles) are promising.

scholarly journals Of Higher Intentions and Lower Expectations

2015 ◽  
Vol 2 (3) ◽  
pp. 187-211
Author(s):  
Michael Bohlander
Keyword(s):  
Public Policy ◽  
Building Blocks ◽  
Survey Questionnaire ◽  
Research Project ◽  
Islamic Jurisprudence ◽  
Legal Thinking ◽  
Main Instrument ◽  
Case Based

The author had planned to work on a monograph related to the potential of using the maqāṣid in Islamic jurisprudence, uncoupled from their religious foundations, as a tool for the conversation with secular law and legal thinking, which by and large has shed its own religious roots and proceeded to an ethics-driven approach based on public policy or interest, and/or systemic logical coherence. The premise of the research project was that lawyers largely think the same thoughts and that they use different building blocks to construct rather similar-looking houses. The main instrument of the research was a survey questionnaire with a series of case-based scenarios sent to a number of Islamic scholars to provide the answers to the scenarios from the Shari’ah perspective. The survey failed in its entirety, so the research turned into an attempt to find the reasons for the failure. This paper will set out reflections on why it went wrong.

Legal Practice in the Southern Leon and Castile of the 12th Century: a Borderline State

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Galina Popova
Keyword(s):  
Legal Framework ◽  
Practical Implementation ◽  
Legal Tradition ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Legal Traditions ◽  
12Th Century ◽  
History Of ◽  
Normative Basis ◽  
Judicial Proceedings

The article is devoted to the legal history of the lands of the Kingdom of Toledo in the first two hundred years after the Christian reconquest. The assimilation of the conquered lands by the new political power, preserving the border position, leads to the emergence of a special legal tradition, typical for other similar territories, which received the general name “extremadura” — “borderland”. The Fueros, created in the Kingdom of Toledo, from the very beginning, firmly linked the territorial and personal nature of the legal norms included in their texts. The formation of local legal traditions took place with the active participation of the local elite, which was reflected in the editing of Fuero texts. The inhabitants of Toledo were supposed to use the Visigothic "Liber iudiciorum" as a normative basis for legal proceedings, but at the same time maintained the legitimate possibility of resorting to norms of a different origin, the so-called “Fuero of Castilians”. The lack of a strict systematization in the legal framework of the proceedings was reflected in the organization of judicial officials in Toledo. The good preservation of the local act material allows us to consider in more detail the practical implementation of the legal norm in the process of judicial proceedings, recorded in Arabic in the protocol of the end of the 8th century.

Legal Traditions

2021 ◽  
Author(s):  
Thomas Duve
Keyword(s):  
Indigenous Peoples ◽  
Practical Importance ◽  
Time History ◽  
Social Identities ◽  
Legal Anthropology ◽  
Open Spaces ◽  
The Past ◽  
Legal Traditions ◽  
Legal Discourses ◽  
Legal Regimes

Legal anthropology has to understand and deal with complex and often plural constellations of normative bodies, legal discourses, institutions, and practices. They shape the legal regimes people live in. These legal regimes as well as the ways in which societies operate with legal diversity have developed over time. History has done more than shape the vocabulary and the grammar of each community’s law. The narratives we produce about the past are also used to construct and express individual and social identities. Thus, history and its (re)construction by later generations can impose constraints and limit available options, but also open spaces of negotiation and provide for innovation. Legal regimes of the past are often called ‘legal traditions’. In the last decades, the idea of ‘legal traditions’ has gained considerable practical importance. Especially in former colonial countries, and due to the increasing recognition of the rights of Indigenous Peoples in international and national law, many actors are drawing on history to claim rights and obligations for the present and the future. In a similar manner, some historical legal regimes seem to embody injustice, leading to pleas for the recognition of their unjust character or even for material compensation. The aim of this chapter is to offer some reflections on the concept of ‘legal traditions’ and its role in constructing our identities and shaping our present legal regimes.

Towards a Transsystemic Study of the Ghana Legal System

2017 ◽  
Vol 6 (1) ◽  
pp. 25-50
Author(s):  
Poku Adusei
Keyword(s):  
Legal System ◽  
Academic Discipline ◽  
Common Law ◽  
Civil Law ◽  
Cross Cultural ◽  
Legal Tradition ◽  
Legal Traditions ◽  
The Law ◽  
Cultural Dialogue

This article provides comprehensive insights into the study of the Ghana legal system as an academic discipline in the law faculties in Ghana. It urges the view that the study of the Ghana legal system, as an academic discipline, should be transsystemic. Transsystemic pedagogy consists in the introduction of ideas, structures and principles which may be drawn from different legal traditions such as civil law, common law, religion-based law, African law and socialist law traditions to influence the study of law. Transsystemia involves teaching law ‘across,’ ‘through,’ and ‘beyond’ disciplinary fixations associated with a particular legal system. It is a mode of scholarship that defies biased allegiance to one legal tradition in order to foster cross-cultural dialogue among legal traditions. It involves a study of law that re-directs focus from one concerned with ‘pure’ legal system to a discourse that is grounded on multiple legal traditions.

scholarly journals Among Forests, Wetlands and Animals: Ecocriticism in the Baltics

2020 ◽  
Vol 11 (2) ◽  
pp. 42-51
Author(s):  
Kadri Tüür ◽  
Ene-Reet Soovik
Keyword(s):  
Environmental History ◽  
Urban Studies ◽  
Animal Studies ◽  
Academic Research ◽  
Environmental Humanities ◽  
The Past ◽  
Baltic Countries ◽  
Significant Events ◽  
The Baltic ◽  
Institutional Representation

      Estonia, Latvia and Lithuania often tend to be grouped together under the label of ’the Baltic countries’, yet they constitute a region characterised by a diversity which also manifests itself in the field of academic research. Still, it may be possible to detect some common elements in the ecocriticism-related activities that have been taking place in these states during the past couple of decades. The article maps the salient tendencies in the environmental humanities (including ecocriticism) of the region that recently gained an institutionalised platform in the form of the Baltic Conferences on the Environmental Humanities and Social Sciences (BALTEHUMS) that were started in 2018. A survey is given of the three countries’ most significant events and publications that have boasted an ecocritical component, ecocriticism’s institutional representation and inclusion of ecocritical issues in university syllabuses and theory textbooks, as well as some pertinent topics and sub-fields on which the scholars in these countries are currently working. Among these, various aspects of the connections of literature and the ecosystems of the forest (trees) and the mire can be noticed; while also animal studies, literary urban studies, bio- and ecosemiotics and environmental history appear to have entered a fruitful dialogue with ecocritical scholarship currently conducted in the Baltics.

scholarly journals The role of legal intellection in the lawmaking mechanism

2020 ◽  
Vol 6 (3) ◽  
pp. 67-73
Author(s):  
Ekaterina A. Petrova
Keyword(s):  
Special Kind ◽  
Thinking Style ◽  
Legal Traditions ◽  
Methods And Techniques ◽  
Legal Thinking ◽  
The Law ◽  
Legal Understanding ◽  
Law Making

The article gives the authors interpretation of legal intellection as a special kind of professional thinking. It is underlined that legal intellection is directly connected with lawmaking, since the law is a result of both of these processes. The main directions of its influence on the elements of the lawmaking mechanism are considered. The author interprets lawmaking mechanism as a set of interrelated and interdependent technical and legal elements that support law creation. These elements include the law-makers; law-making methods and techniques; the rules of claw; forms (sources) of law. It is noted that the lawyers belonging to a particular type of legal understanding determines the understanding of lawmaking process. The author analyzes the influence of legal thinking style, determined by legal traditions of various legal families, on application of various forms of law as a result of lawmaking. The examples from Russian and American legal reality are given. The problem of legal intellection level of lawmakers is discussed, because of its influence on the quality of sources of law. It is concluded that legal intellection as a special kind of professional thinking permeates all types of legal activities and, first of all, directly affects the specifics of the lawmaking mechanism, determining the content of its main elements: the law-makers are the holders of legal intellection; methods, techniques of law-making are determined by the stylistic features of legal thinking; the quality of the forms of law created in the lawmaking process directly depends on the legal thinking level of their creators.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals SHARIAH AND THE POLITICS OF PLURALISM IN INDONESIA: UNDERSTANDING STATE’S RATIONAL APPROACH TO ADAT AND ISLAMIC LAW

2019 ◽  
Vol 4 (1) ◽  
pp. 14-30
Author(s):  
Ratno Lukito
Keyword(s):  
Islamic Law ◽  
Effective Means ◽  
The State ◽  
Rational Approach ◽  
State Law ◽  
Legal Tradition ◽  
Basic Character ◽  
Legal Traditions ◽  
Religious Law ◽  
Adat Law

The distinction in the normative character of legal traditions will give an effect of the state different attitude to those traditions. In the case of Islamic law and adat law in Indonesia, we see that although having different basic character in terms of its foundation of legal creation, Islamic law can relatively be closer to the character of the state law, which is uniform and nationally effective. It is clear here that the nationalization of Islamic law built on the basis of its adherents, and not on the tribe, clan, language, or other local denominations, becomes an effective tool for its rapprochement with the state law, which is also nationalized on the basis of citizenship. Thus, although it is not possible to equalize Islamic law and state law due to the sacredness of the religious law, the scope in the efficacy of both laws can be an effective means of legal rapprochement. This is however not the case with adat law. The character of adat law as a local and heterogeneous legal tradition is intrinsically not in line with the philosophy of national law, which is anti-localism and homogeneous. It is just impossible to bring adat law to become an effective law for all Indonesian citizens. As a result, the rapprochement is difficult between adat law and state law.

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