scholarly journals Nature and Tends of Islamic Judicial System: A Comparative study

2018 ◽  
Vol 9 (12) ◽  
pp. 20202-20214
Author(s):  
Md. Zakir Hossain
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
Human Life ◽  
Judicial System ◽  
The Other ◽  
Western Society ◽  
System A ◽  
The Will ◽  
Free People ◽  
Personal Interests

Man is a social being by nature.  He cannot live perpetually on his own completely independent of others. People are independent.  Consequently, fiction arises between them when their personal interests come into conflict with each other, or when what they perceive as their individual rights infringe upon those of others. Conflict between them inevitably break out. In some cases, one party to the conflict might be strong and aggressive while the other is weak and condescending, incapable of defending his rights. Because of this, it becomes necessary for there to be a way to prevent people from oppressing one another, to ensure that the weaker members of society receive justice, and to determine right from wrong when issues get complicated or uncertain. This can only be realized through a judge that has the power to give legal verdicts in case of dispute. For this reason, we find that the existence of a judge is considered by Islamic law and the laws of all the other revealed religions to be both a religious obligation and a necessity of human life. The Islamic laws that confirmed the will of God can ensure justice for humanity, which is absolutely impossible by secular and man-made law. Allah says: The command (or the judgment) is for none but Allah” (Quranul karim, Sura Yousuf, 12:40)1 There has been some propaganda by the western society that punishment in Islamic penal code is one kind of cruelty for humanity, such comment to make because of their ignorance about Islamic Law. Islam- the religion that God wants for mankind from the time that HE sent Muhammad, may the mercy and blessings of God be upon him until the Day of Judgment-shows great concern for the judicial system and those appointed to carry out its responsibilities. Islam prescribes for it many legal injunctions. How else could it be, when Islam is the religion of mercy, equality, and justice? It is the religion that comes to free people from worshipping creation and bring them to the worship of God. It is the religion that comes to remove people from oppression and inequity and bring them to the highest degree of justice and freedom.

scholarly journals Hikmah Behind The Academic in The Islamic Economy

2019 ◽  
Vol 4 (1) ◽  
pp. 59-89
Author(s):  
Nur Hadi
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
The Other ◽  
Human Being ◽  
Strong Bond ◽  
Ownership Status ◽  
Objective State ◽  
The Will ◽  
The Relationship

The relationship between one human being and another in fulfilling needs (min min al-Nas), there must be a rule that explains both rights and obligations based on agreement (contract). Humans are never separated from the contract (contract / agreement) in their lives. A contract is a bond of consent (statement of acceptance of a bond) and Kabul (statement of acceptance of a bond) in accordance with the will of the Shari'a which affects the object of engagement (contract). Because of the importance of the contract in human life, of course every thing has wisdom, then what is the nature of wisdom and how are the wisdom of the contract in Islamic economics. The essence of wisdom is an expression that refers to a solid knowledge, which includes (can lead to) makrîfah (recognition) to Allah, which comes from the pure inner eye, and the ability of the knowledge to learn and understand the nature of things in their objective state the realm of reality is limited to the supreme ability of humans in finding and discovering the secrets of the shari'a religion (law) and the purpose of Islamic law. While the wisdom of the contracts in Islamic economics are: 1). Moral and material accountability of both parties emerged; 2). The emergence of a sense of tranquility and satisfaction from both parties; 3). Avoidance of disputes from both parties; 4). Avoid legitimate ownership of property; 5). Ownership status of property becomes clear; 6). There is a strong bond between two or more people in transacting or having something; 7) It cannot be arbitrary in canceling an agreement, because it has been set in shar'i; 8). A contract is a "legal umbrella" in possession of something, so that the other party cannot sue or have it. In simple terms the wisdom of the Covenant is an attempt to uncover the truth, practice the truth and fight lust from all forms of evil and realize benefit and reject damage in the muamalah contract of Islamic economics.

Concept of vayu in ayurved and yogshastra – a comparative study

2019 ◽  
Vol 7 (07) ◽  
Author(s):  
Dr sunila h deo
Keyword(s):  
Comparative Study ◽  
Growth And Development ◽  
Human Life ◽  
Holistic Approach ◽  
The Other ◽  
Eligibility Criteria ◽  
Current Effort ◽  
Important Place ◽  
Body Of Knowledge ◽  
Goals And Objectives

Introduction and Background: Yogashastra and Ayurveda are two ancient Indian sciences that have evolved separately over millennia. Many masters have contributed to the growth and development of these sciences and they have produced seminal literature and body of knowledge in both these streams. The goals and objectives of these two sciences differ from each other and accordingly their approaches too differ from each other.  Both in Yogashastra and Ayurveda, the concept of Vayu has very important place. Current effort is undertaken from the viewpoint to unravel the complementary and contradictory aspects and explore the possibility of combining the concepts so as to evolve the holistic approach. Aim: To compare the concept of Vayu as described in Yogashastra and in Ayurveda. Discussion and Results: Yogashstra the concept of Vayus is aimed solely at attaining mastery over the bodily Vayus by following Yogic disciplines to attain Moksha or final emancipation of the soul from the unending cycle of birth and death. This puts the Yogic discussion of Vayus in the realm of highest spiritual practices with the ultimate conceivable goal of human life that can be taught only by the accomplished masters and eligible seekers who fulfil the strictest eligibility criteria stipulated by Yogic discipline. On the other hand in Ayurveda the concept of Vayus is from the perspective of knowing physiology and causes of various diseases and their treatment by means of various therapies and medicines. All these things are essentially corporeal in nature and do have worldly goals to achieve.

scholarly journals JUAL BELI DALAM PANDANGAN ISLAM

2016 ◽  
Vol 3 (2) ◽  
pp. 239
Author(s):  
Shobirin Shobirin
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
The Other ◽  
Limit Time ◽  
The Will ◽  
The Way

Selling (business) is the exchange of wealth on the basis of mutual willing and the joint agreement. There are four Perversions, namely; (1) Marriage  (ijab qobul) (2) the prescribed is run (subject)   (3) ma›kud ‹alaih (object) useful objects according to the view of syara› (4) there is a replacement for exchange of goods.  The legality of ijab qobul conditions there are three; (a) Do Not in intersperse with other words between ijab qobul, (b) people - the prescribed is run (seller and buyers ) and (c) do not there separated the meaning the seller and buyers still no interaction about ijab qobul. Conditions of the legality of the seller and buyers there are four; (a) reached puberty understanding.   (b) Moslems, this condition specifically for buyers in certain objects objects (c) no objects or items in chairman voterâ (ma›kud alaih) and (d) not wasted (waste), the will of their own and there is no compulsion of the other party. Conditions of the legality of goods sold voterâ there are six; (a) must be holy (b) cannot be not to associate with something (c) cannot be in the limit time (d) its own, (e) can be known (seen), (f) can be known to the quality and the weight. various kinds of selling (business) in Islam, seen from the point of view of the two glass eyes of Islamic law there are two valid and cancel and from the eye of goods there are three (1) selling goods that appear, (2) selling mentioned the pharmacodynamic him in the promise and( 3) selling things that are not there. In Islam in business provide current accounts allow to choose to cancel the marriage of selling (business) called khiar, there are <br />three, namely; (1) khiar, assembly (2) khiar conditions (3) khiar disgrace. The wisdom of selling in Islam; (a) that selling (business) in Islam can be valuable social or helped against each other, will grow berbagain reward, (b) business in Islam is one of the ways to maintain cleanliness and halalnya items eaten for himself and his family, (c) business in Islam is the way to combat laziness, unemployment and extortion to others.

scholarly journals Maqasid al-shariah: suatu kajian terhadap ijtihad Ali ibn Abi Thalib

2012 ◽  
Vol 12 (1) ◽  
pp. 21
Author(s):  
Eficandra Eficandra
Keyword(s):  
Public Good ◽  
Islamic Law ◽  
Human Life ◽  
The Other ◽  
The Public ◽  
Other Hand ◽  
Good For ◽  
Life On Earth ◽  
Goals And Objectives

Ijtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qur’an’s and Sunnah’s text) and also according to the spirit of Shari’ah. The results of Ali’s ijtihad if linked with the approach and application of maqasid al-shari’ah (the goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shari’ah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized.

scholarly journals HAM dan Hukum Islam

2021 ◽  
Vol 17 (1) ◽  
pp. 145-158
Author(s):  
Gasim Yamani
Keyword(s):  
Human Rights ◽  
Capital Punishment ◽  
Research Study ◽  
Islamic Law ◽  
Human Life ◽  
Comparative Method ◽  
The Other ◽  
Legal Cases ◽  
The Difference ◽  
Name Of God

Ham as an agreement made by humans, has legal force that is recognized by the whole world. On the other hand, Islam as a religion also has a source of law that regulates human life and of course the laws regulated in Islam are in the name of God and justice. Human rights debates often occur when Islamic law wants to be applied, for example, cutting hands, capital punishment and so on. Though the punishment is in the name of God and justice. This is the object of a research study on how Islam views human rights, this study has also been carried out by several researchers such as Sitti Aminah's writing with the title "Human Rights in the Perspective of the Qur'an", besides that there is an article from Nur Asiah who wrote an article with the title Rights Human Rights Perspective of Islamic Law. Although these two articles write about human rights, there is a difference with this research, which lies in the methodology and discussion. The methodology used is the comparative method, which means that comparisons between several cases of Islamic law and ordinary legal cases such as imprisonment and hand cutting are compared. The conclusion from the results of this study or this paper is that human rights and Islamic law both want to create justice, only that the difference between the source of the decision is if human rights are in the name of human justice while Islamic law is in the name of God and justice.

Problematika Implementasi Perjanjian Dalam Kerjasama dan Bagi Hasil Di Bengkel Las Semoyo Jaya: Sebuah Tinjauan Hukum Islam

2021 ◽  
Vol 1 (1) ◽  
pp. 74-96
Author(s):  
Lukman Santoso ◽  
Devi Indah Lestari
Keyword(s):  
Data Collection ◽  
Research Methods ◽  
Islamic Law ◽  
Human Life ◽  
Field Research ◽  
Profit Sharing ◽  
Qualitative Approach ◽  
The Other ◽  
Cooperation Agreement ◽  
Common Goals

A cooperation is an agreement between two or more people to do business and achieve common goals. Cooperation can be necessary for human life, considering that humans are social creatures who need each other. People in various circles have practiced cooperation in various fields. In various cooperation practices, there are often deviations from the agreement when initially making cooperation. This article explores the problems of implementing the cooperation agreement at the Semoyo Jaya welding workshop in a review of Islamic law. By using a qualitative approach and field research methods. Meanwhile, for data collection, using observation and interview techniques. This research concluded that the implementation of the cooperation agreement at the Semoyo Jaya welding workshop was not following the principles and elements of the agreement, namely, not fulfilling any of the rights and obligations contained in the contract. Meanwhile, the profit-sharing does not meet one of the syirkah inan requirements because one party is arbitrary in providing profits to the other party. This research can contribute practically to the parties that carry out cooperation to fulfill the agreement's terms based on Islamic legal values.Kerjasama adalah kesepakatan antara dua orang atau lebih untuk melakukan bisnis dan mencapai tujuan bersama. Kerjasama dapat diperlukan bagi kehidupan manusia, mengingat manusia adalah makhluk sosial yang saling membutuhkan. Orang-orang di berbagai kalangan telah mempraktikkan kerjasama di berbagai bidang. Dalam berbagai praktik kerjasama, seringkali terjadi penyimpangan dari kesepakatan pada saat awal melakukan kerjasama. Artikel ini mengupas permasalahan pelaksanaan perjanjian kerjasama pada bengkel las Semoyo Jaya dalam tinjauan hukum Islam. Dengan menggunakan pendekatan kualitatif dan metode penelitian lapangan. Sedangkan untuk pengumpulan data menggunakan teknik observasi dan wawancara. Penelitian ini menyimpulkan bahwa pelaksanaan perjanjian kerjasama di bengkel las Semoyo Jaya tidak sesuai dengan prinsip dan unsur perjanjian yaitu tidak memenuhi salah satu hak dan kewajiban yang tertuang dalam kontrak. Sedangkan bagi hasil tidak memenuhi salah satu syarat syirkah inan karena salah satu pihak sewenang-wenang dalam memberikan keuntungan kepada pihak lainnya. Penelitian ini dapat memberikan kontribusi praktis bagi para pihak yang melakukan kerjasama untuk memenuhi syarat-syarat perjanjian berdasarkan nilai-nilai hukum Islam.

scholarly journals [Child’s Labour In Islamic Law And Thailad’s Labour Law] Al-Amalu At-Falaani al-Fiqhi Islami wa Qanun amali al-Thailandi

2017 ◽  
Vol 14 (1) ◽  
pp. 155-172
Author(s):  
AbdulSoma Thoralim ◽  
Mohamad Zaharuddin Zakaria ◽  
Roslan Ab Rahman ◽  
Daud Ismail ◽  
Mohamad Husni Yanai
Keyword(s):  
Child Care ◽  
Islamic Law ◽  
Human Life ◽  
Labor Law ◽  
The Other ◽  
Labour Law ◽  
Ability To Work ◽  
Rest Periods ◽  
Special Places ◽  
Islamic Civilization

Islam pays great attention to the issue of employment of children through the verses of the Quran and the hadith of the Prophet Muhammad (S.A.W.) that touched on matters and issues concerning children, to educate them, how to deal with them and rights those aspects of Islamic civilization. Islamic law recommends doing well to them and being lenient in dealing with them and not giving them the ability to work outside. This stage is considered the most important in the personal configuration formed since the beginning of human life again. Children's rights are important in Islam because it is right after the creation of God in the womb of his mother, from the fetus until it becomes a man in charge of the other children or the like. Muslims urged to child care and maintenance of their rights. Scholars disagree about the legal work among children. There are two views and the most powerful is necessitated. The same applies to the law of Thailand are concerned about work and rest periods. Difficult and dangerous work is prohibited for children under the age of eighteen years. If it is necessary to work at that age there must be protection for many things, such as work in special places. Employers must take any insurance protection of children and allow children to take leave at certain times.   Keywords: employment of children, legal, labor law Thailand.   اهتمت الشريعة الإسلامية اهتماما كبيرا بقضية عمالة الأطفال، كمن خلال آيات القرآن الكريم وسنة الرسول الله صلى عليه وسلم والتي تطرقت إلى كافة شؤون الأطفال وقضاياهم وطريقة تربيتهم وكيفية التعامل معهم وحقوقهم الشرعية كالأدبية. أوصت الشريعة الإسلامية بالإحسان إليهم كالرفق في التعامل معهم وعد تكليفهم بأمور فوق طاقتهم، وهذه المرحلة تعتبر أهم المراحل في تكوين الشخصية البشرية حيث أن شخصية الإنسان تتكون في السنوات الأولى من عمره ، وحقوق الأطفال مهمة في الإسلام لأنها حقوق كاملة بعد خلق الله منذ كان في بطن أمه جنِينًا حتى يصبح رجلًا يتحمل مسؤولية طفل آخر أو مؤهلًا لذلك، ويحث الإسلام على رعاية الطفل وحفظ الحقوق التي حددها له، وقد اختلف العلماء في حكم عمل الأطفال على قولين وأرجحهما الجواز، وكذلك أخذ قانون العمل التايلندي بالاهتمام بعمالة الأطفال بساعات العمل وساعات الراحة، والعمل الذي فيه مشقة وضرر، فيمنع منه الأطفال دون سنٌ الثامنة عشرة، وإذا كان من الاضطرار العمل في ذلك السن فلا بد من الحماية بأمور عديدة، كالعمل في الأماكن الخاصة، والحظر على أرباب العمل أخذ أيّ تأمين من الأطفال، ومن ثمّ يسمح للأطفال أخذ الإجازة أك العطلة في أوقات معينة، وصلى الله على سيّدنا محمد وعلى آله وأصحابه أجمعين، والحمد لله رب العالمين.   الكلمات الدليلية: عمل، الأطفال، الفقه، قانون العمل، التايلندي

scholarly journals The Will for Heirs: A Juristic Analytical Study

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Analytical Methods ◽  
Analytical Study ◽  
Islamic Law ◽  
The Other ◽  
Majority Opinion ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
The Will ◽  
The Law ◽  
The Needy

This research aims to study the topic of “The Will for Heirs: A Juristic Analytical Study.” It deals with the definitions of will or testament and heirs from the perspective of Islamic jurisprudence. It discusses the views of jurists regarding the ruling of will for heirs by discussing proofs of jurists on this issue in the light of Islamic law of inheritance. This research discovers that the Muslim jurists differed on the law of will for heirs according to three schools of thought: according to Shī’ah Imāmiyyah and some supporters of Zaydiyyah, the will for heirs is permissible in one-third whether approved by the other heirs or not. This view differs from the majority of jurists who invalidate the will for heirs except by the permission of the other heirs because their permission is like a forfeiture of their right. Others, such as Ẓāhiriyyah, opposed the implementation of will for heirs. They argued that the will, will cause dissatisfaction in other heirs or inheritors. On the other hand, the will for heirs is useful and beneficial for some of the needy heirs. The researchers rely on the inductive and analytical methods. One of the important findings of this research is that, relying on the majority opinion of jurists, the law of will for heirs is valid only with the permission of the rest of the heirs after the death of the testator; this is the best opinion based on the strength of the evidence and their keenness on the unity of the heirs of the deceased.

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