scholarly journals Urgent Development on Contemporary Medical Fiqh in Malaysia

2015 ◽  
Vol 2 (2) ◽  
pp. 81-88
Author(s):  
Noor Naemah Abdul Rahman ◽  
Mohd Anuar Ramli ◽  
Shaikh Mohd Saifudden Shaikh Mohd Salleh ◽  
Mohammad Naqib Hamdan
Keyword(s):  
Islamic Law ◽  
Technology Development ◽  
The Other ◽  
Legal Decision ◽  
The Past ◽  
Expert Opinions ◽  
Islamic Jurisprudence ◽  
Important Study ◽  
Research Findings ◽  
Contemporary Medicine

The contemporary scientific and technology development give impacts on the development of Islamic law. The dynamic of fiqh in handling issues especially on medicine become a momentum of the synergy of the two diciplines, science and the Islamic jurisprudence of medicine. Many medical issuess are yet to require legal completions that are contemporary ijtihad based on perubatan discipline. On the other hand, ijtihad not only as exclusively unilateral, moreover inclusive multilateral approach (ijtihad jama’i) is needed on handling fiqh issues. It is because expert opinions also important in describing about those issuess. Without those opinions, Islamic law scholar could not give appropriate legal decision. However, this study will explore about the importance of development of Fiqh of Medicine based on contemporary ijtihad. These studies will explain some contemporary Medicine issuees, which is proof the requirement of contemporary ijtihad. For example on the issues of reproduktif organ donation. Some ijtihad instruments which are compatible will be aplicated based on the issuess. Research findings about perubatan issuess gave fact that there were not exact explanations on al-Qur’an and al-Sunnah also did not directly examined on fiqh book in the past. This condition cause contemporary ijtihad on those studies as an important study to give law answer about perubatan issues appear. Generally speaking, the current studies require the sinergized between the dynamic of Islamic law and the advance of science and technology.

scholarly journals ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Scientific Development ◽  
Spatial Factors ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
Temporal And Spatial ◽  
The One

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

scholarly journals IMPLEMENTASI QANUN NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT DI KOTA BANDA ACEH PROVINSI ACEH

2020 ◽  
pp. 11-20
Author(s):  
Selvia Junita Praja ◽  
Wia Ulfa
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Research Data ◽  
Financial Resources ◽  
The Past ◽  
Adequate Quality ◽  
Research Findings ◽  
Descriptive Approach ◽  
The City ◽  
Banda Aceh

Qanun Jinayat is a legal product established with the aim of reducing the number of violations of Islamic law in the city of Banda Aceh. But the facts show that the implementation of this qanun over the past five years has not reduced violations of Islamic law. This is interesting to do research considering the presence of the qanun as the norm that enforces Islamic Sharia has not been able to reduce the level of violation. For this reason, this research would like to describe the implementation of the Qanun Jinayat and the factors that cause the qanun become ineffective.             This research uses qualitative method with descriptive approach. The Research data collected were using interview and documentation study technique.             Research findings reveal that the process of implementing Qanun No. 6 of 2014 concerning Jinayat Law has not gone well. Factors that cause the ineffectiveness of the implementation of the Qanun Jinayat in Banda Aceh City are human resources that lack adequate quality, management of financial resources that are not optimal and the availability of facilities and infrastructure that have not been good.   Keywords : Implementation, Qanun Jinayat

Die Methodik der islamischen Jurisprudenz - Usul al-Fiqh

2019 ◽  
Author(s):  
Nora Zeineddine
Keyword(s):  
Islamic Law ◽  
Arabic Literature ◽  
Conceptual System ◽  
Philosophical Foundations ◽  
The Past ◽  
Islamic Jurisprudence ◽  
Legal Methodology

The work is the legal introduction to the methodology of Islamic jurisprudence in German. It introduces the reader to the concepts, systematics and principles of Islamic law and outlines the foundations of Islamic jurisprudence from the genuine internal perspective of Muslim scholarship. The source of the work is the recognised Arabic literature on Islamic legal methodology of the past centuries. All relevant topics of Islamic legal methodology are outlined and a coherent German conceptual system for the Usul al-Fiqh is designed. The spectrum of opinion of Muslim scholarship on individual questions is fanned out and legal-theoretical and -philosophical foundations and intersections of the methodology of Islamic jurisprudence are made clear.

MURDER IN KHAYBAR: SOME THOUGHTS ON THE ORIGINS OF THE QASĀMA PROCEDURE IN ISLAMIC LAW

2002 ◽  
Vol 9 (2) ◽  
pp. 132-167 ◽  
Author(s):  
Rudolph Peters
Keyword(s):  
Nineteenth Century ◽  
First Generation ◽  
Islamic Law ◽  
Practical Application ◽  
Legal Principles ◽  
The Past ◽  
Islamic Jurisprudence ◽  
Penal Law

AbstractThe institution of qasāma has intrigued both Muslim jurists and western scholars. The first were puzzled by its violation of essential legal principles, the latter by its apparent pre-Islamic origins. Because of its archaic and irrational character, western scholars assume that the institution was not applied in practice: "[I]t does not appear that this institution functioned much, even in the past, when the penal law of Islam had a certain practical application." However, the evidence of fatwa collections shows that the qasāma was indeed enforced by courts as late as the nineteenth century, and the rules connected with it have now found their way into some modern Islamic criminal codes. The qasāma, it appears, was a living institution in Islamic law and not just theory. In this essay I will try to shed some light on the origins of this institution and its reception into Islamic law. I will attempt to chart the earliest developments of Islamic jurisprudence by analyzing the available hadith material and the statements of the first generation of jurists. In the conclusion I will suggest that my analysis of the material on qasāma corroborates Motzki's and Powers' revision of the chronology of the development of Islamic jurisprudence first put forward by Joseph Schacht in The Origins of Muhammadan Jurisprudence (1950).

scholarly journals Virtual Reality: General Issues of Legal Regulation

2020 ◽  
Vol 13 (1) ◽  
pp. 75
Author(s):  
Roman Dremliuga ◽  
Olga Dremliuga ◽  
Andrei Iakovenko
Keyword(s):  
Virtual Reality ◽  
Technology Development ◽  
Physical Reality ◽  
Legal Regulation ◽  
The Other ◽  
Software Components ◽  
Emerging Issues ◽  
Research Findings ◽  
Catch Up ◽  
Major Factors

The article focuses on the general issues of legal regulation of relations that emerge in the field of application of VR technologies and presents issues associated with the regulation of development of such technologies. It looks at the features of this technology that create challenges for the development of a system of legal regulation of its application. The article also gives a perspective at major factors that make application of the existing law difficult and offers analysis of the emerging issues of its regulation. The author arrives at a conclusion that this technology is fundamentally different from the other existing technologies as it combines the properties of both physical reality and cyberspace. Among the challenges of the legal regulation of VR are a high realism, complete immersion user experience, and low cyber protection of both hardware and software components. The author evaluates several regulatory approaches, which could be used in the case of virtual reality and finds that all of them have major deficiencies. Contemporary research findings in secure application of VR in the fields of teaching and entertainment get rapidly outdated as they cannot catch up with the technology development, therefore they can only serve as a ground for the development of a system of VR regulation with consideration of this factor.

scholarly journals Imprisonment of the Debtor in the Jordanian Implementation Law in Comparison to Islamic Jurisprudence and International Covenants: حبس المدين في قانون التنفيذ الأردني مقارناً بالفقه الإسلامي والمواثيق الدولية

2019 ◽  
Vol 3 (5) ◽  
Author(s):  
Mohamed Hamed Mohamed Al- Amayrah
Keyword(s):  
International Organizations ◽  
Analytical Approach ◽  
Islamic Law ◽  
Legal Regulation ◽  
The Other ◽  
Political Rights ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Civil And Political Rights ◽  
International Conventions

  The study deals with the provisions of the debtor's imprisonment in the Jordanian This study deals with the provisions of imprisonment of the debtor in the Jordanian Execution Law No. 25 of 2017 and its amendments, in comparison to the Islamic jurisprudence and international covenants. The main problem is the extent to which the debtor may be imprisoned in the Jordanian Execution Law compared to Islamic jurisprudence and international covenants. Analytical approach as it fits in with this study and its nature by interpreting the texts and legal articles in the Jordanian implementation law, Islamic jurisprudence and international conventions and analyzing them in order to deduce the legal and jurisprudential purpose. Hence, the researcher took the approach of comparing the texts R and theories between the Jordanian law and Islamic jurisprudence with international covenants'. At the end of the study, the researcher found that imprisonment has been used in modern terms since it was analyzed by the scholars of Islamic law until it reached the legislative texts in the jurisprudential magazine, which is based on the Jordanian law, as a result of the positive achievements that contributed to the preservation of the rights of individuals (creditors). And that the International Covenant on Civil and Political Rights only provided for debts arising from contractual relations only, without the other sources of obligation addressed by domestic laws and Islamic jurisprudence. The researcher reached a number of conclusions and recommendations. The most important of these results was that the imprisonment of the debtor is an act of compulsion and pressure rather than an end to imprisonment as a punishment, aimed at restricting the debtor to fulfill his obligations to the creditor. Freedoms The legislator has put in place a legal regulation concerning the imprisonment of the debtor surrounded by a number of provisions to prevent abuse by the creditor in order to collect the creditor's money from the debtor. One of the most important recommendations reached by the researcher, The researcher hopes relevant international organizations and organizations to better understand the subject of the debtor's imprisonment, understanding the purpose, objectives and manner of the debtor, and understanding the principle that this detention was initiated after balancing the rights of the financial creditor and the rights of the debtor.  

scholarly journals Syariah Courts in Malaysia and the Development of Islamic Jurisprudence: The Study of Istihsan

2014 ◽  
Vol 1 (2) ◽  
pp. 1-12 ◽  
Author(s):  
Mohd Hafiz Jamaludin ◽  
Ahmad Hidayat Buang
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Islamic Jurisprudence ◽  
The Law

Malaysia is among the countries, which have very close relations with Shafi'i madhhab in term of Islamic Law. This can be seen from the provisions of Syariah Law in Malaysia where the opinion of the Shafi'i madhhab is preferred than other madhhabs. However, the current situations and issues cause that the other opinions from the other madhhabs are also used and practiced in order to provide the best solutions. This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. Therefore, this study attempts to analyze the development of Islamic law, particularly in the application of the concept of Istihsan in the Syariah Courts in Malaysia. This study has examined a number of cases reported in the Jurnal Hukum issued by the Syariah Judiciary Department of Malaysia (JKSM). The result of this study found that in several cases, the judges have applied indirectly the concept of Istihsan in their judgment. It is also found that it is actually the provisions of the law that allows the Shariah judges to indirectly apply this concept.

scholarly journals KONSEP MASLAHAT MENURUT IMAM MĀLIK

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Muhammad Ikhsan ◽  
Azwar Iskandar
Keyword(s):  
Islamic Law ◽  
Great Influence ◽  
The Other ◽  
Islamic World ◽  
Descriptive Research ◽  
Library Research ◽  
Islamic Jurisprudence ◽  
Qualitative Descriptive ◽  
Sociological Approaches

This study aims to analyze: imam Mālik's position in the Islamic jurisprudence map; the concept of maslahat in the perspective of Imam Mālik; and the influence of Imam Mālik's maslahat view in the Islamic world. This research is qualitative descriptive research, using library research and analyzed with historical and sociological approaches. The results of the study found that: first, Imam Mālik bin Anas was one of the imams of the four sects (mazhab) who exerted great influence in Muslims with his ability as a mujtahid and had an independent methodology in conducting the ijtihad; second, one of the most important foundations of Imam Mālik's ijtihad is maslahat. In this case, he actually had similarities with the other ultimate scholars of the four sects. Māliki sect, namely that maslahat -especially maslahat mursalah- is a stand-alone proposition; third, Imam Mālik's assertiveness in positioning maslahat as one of the independent evidences in his ijtihad methodology has stimulated the fiqh researchers to study further explore this so that imam Mālik's fiqh sect can survive to this day and successfully produce phenomenal scientific works that affirm the existence of maslahat as one of the footholds of Islamic law.

scholarly journals Tardigrades and Their Emergence as Model Organisms

2022 ◽  
Author(s):  
Bob Goldstein
Keyword(s):  
The Other ◽  
Model Organisms ◽  
Comparative Biology ◽  
Extreme Conditions ◽  
Laboratory Studies ◽  
C Elegans ◽  
The Past ◽  
Research Findings ◽  
Invertebrate Model ◽  
The Rich

Experimentally tractable organisms like C. elegans, Drosophila, zebrafish, and mouse are popular models for addressing diverse questions in biology. In 1997, two of the most valuable invertebrate model organisms to date – C. elegans and Drosophila – were found to be much more closely related to each other than expected. C. elegans and Drosophila belong to the nematodes and arthropods respectively, and these two phyla and six other phyla make up a clade of molting animals referred to as the Ecdysozoa. The other ecdysozoan phyla could be valuable models for comparative biology, taking advantage of the rich and continual sources of research findings as well as tools from both C. elegans and Drosophila. But when the Ecdysozoa was first recognized, few tools were available for laboratory studies in any of these six other ecdysozoan phyla. In 1999 I began an effort to develop tools for studying one such phylum, the tardigrades. Here, I describe how the tardigrade species Hypsibius exemplaris and tardigrades more generally have emerged over the past two decades as valuable new models for answering diverse questions. To date, these questions have included how animal body plans evolve and how biological materials can survive some remarkably extreme conditions.

scholarly journals PERKEMBANGAN TEORI MASHLAHAH ‘IZZU AL-DÎN BIN ‘ABD AL-SALÂM DALAM SEJARAH PEMIKIRAN HUKUM ISLAM

Asy-Syari ah ◽  
2015 ◽  
Vol 17 (2) ◽  
Author(s):  
Enden Haetami
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Primary Sources ◽  
Private Law ◽  
Human Being ◽  
Sacred Texts ◽  
Islamic Jurisprudence ◽  
Muslim Scholars

This paper explains that mashlahah is one of Islam law methods that is very dominantly used to the Ulamasin Islamic Jurisprudence. Even though the Koran and the Sunna are assumed as the primary sources of Islamic law (qath‘îy), there is a lot of famous ulama and Muslim scholars who placed mashlahah as the primary sources of Islamic jurisprudence. Moreover, even though the position of mashlahah is assumed zhanniy, butin various cases – especially in Islamic Private Law – it is seldom placed higher than the other methods such as ijma‘, qiyas, istihsân, istishhâb, syadd al-dzari‘ah, syar‘u man qablana, and ‘urf. He used a logical of law that everything from God can be referred to the sacred texts (Nash), and everything from human being can be solved by mashlahah.

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