A Review of Maslahah Mursalah and Maqasid Shariah as Methods of Determining Islamic Legal Ruling

2021 ◽  
Vol 12 (3) ◽  
pp. 2994-3001
Author(s):  
Muhammad Nazir Alias Et.al
Keyword(s):  
Islamic Law ◽  
Legal Principles ◽  
Legal Principle ◽  
Difference Of Opinion ◽  
The Difference ◽  
Different Sources

The position of maqasid shariah as reference for Islamic legal ruling has been a source of dissenting opinions among contemporary ulama. Some of them accept maqasid shariah as a method of determining legal principles, whereas others do not. In classical usul fiqh literature, the discourse on maqasid shariah among the ulama only appears in discussions on the position of maslahah mursalah as a method of determining Islamic legal ruling. In light of this, the issue arises when the position of maqasid shariah, specifically as a source of law, is not mentioned by classical ulama. Therefore, a small number of scholars are of the view that maqasid Shariah is not clearly applied in the process of determining legal ruling, such as what had happened in the Shafie school of law. This article aims to review the concept of maslahah mursalah and maqasid shariah in the context of its status as a method of determining Islamic legal ruling. The findings of the study show that maslahah mursalah is not maqasid shariah because both of them originate from different sources. The rejection of maslahah mursalah by some ulama does not refer to maslahah that is in line with the higher objectives of Islamic law (maqasid shariah), but refers to maslahah that relies solely on logic and intellect. The difference of opinion among contemporary ulama regarding the position of maqasid shariah as a method of determining legal principle stems from confusion in defining and categorising maslahah mursalah and maqasid shariah.

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

Analisis Fikih Muamalah terhadap Pemikiran M. Dawam Rahardjo mengenai Bunga Bank

2020 ◽  
pp. 103
Author(s):  
Ramdaniar Eka Syirfana ◽  
Neneng Nurhasanah ◽  
Mohamad Andri Ibrahim
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Know How ◽  
Difference Of Opinion ◽  
The Law ◽  
The Difference

Abstract. The difference of opinion regarding interest whether including usury or not is very diverse and very sharp, there are those who think it is can and some who think it is can not. The difference is related to understanding illat. Placement on the chronology of the decline of usury verses is one of the points that determine a ulama's final opinion on bank interest. Similarly, Dawam Rahardjo whose opinion is different from most scholars.Based on these problems, the formulation of the problem and the purpose of this study is to Know How the Law of Islamic Law about Interest. M. Dawam Rahardjo's view of interest. And a review or criticism of Muamalah's Jurisprudence towards the opinion of M. Dawam Rahardjo regarding interest. The method of this research is qualitative, and data collection uses the documentation method by finding and studying books or other sources such as previous research or other sources relating to interest. The results of this study note that (1) Interest is in addition to the principal loan. Contrary to QS. Ar-Rum: 39 & QS. Al-Baqarah: 279. (2) The element of volunteerism as a reason for allowing interest is contrary to the QS. An-Nisa: 161 (3) Inflation as a reason for allowing interest is contrary to. QS. Ar-Rum: 39 (4) Ad'afan muda'afan in interest is contrary to the QS. Al-Baqarah: 278.Keywords: Dawam Rahardjo, Interest, Muamalah Fiqh, UsuryPerbedaan pendapat mengenai bunga bank apakah termasuk riba atau bukan sangat beragam dan sangat tajam, ada yang berpendapat boleh dan ada yang berpendapat tidak boleh. Perbedaan tersebut berkaitan dengan pemahaman illat hukum. Penempatan terhadap kronologis turunnya ayat riba merupakan satu diantara poin yang menentukan suatu pendapat akhir ulama tentang bunga bank. Sama halnya dengan Dawam Rahardjo yang pendapatnya berbeda dengan ulama kebanyakan.Berdasarkan permasalahan tersebut maka rumusan masalah dan tujuan dari penelitian ini adalah Untuk Mengetahui Bagaimana Hukum Fikih Muamalah tentang Bunga Bank. Pandangan M. Dawam Rahardjo mengenai Bunga Bank. Dan Tinjauan atau Kritik Fikih Muamalah terhadap Pendapat M. Dawam Rahardjo mengenai Bunga Bank. Metode penelitian ini adalah kualitatif, dan pengumpulan data menggunakan metode dokumentasi dengan mencari dan mempelajari buku-buku ataupun sumber lain seperti penelitian terdahulu ataupun sumber lainnya yang berkaitan dengan bunga bank. Hasil dari penelitian ini diketahui bahwa Bunga Bank menurut Hukum Fikih Muamalah haram karena memiliki persamaan ilat hukum dengan riba. Bunga Bank menurut M. Dawam Rahardjo boleh karena beliau lebih melihat dari sisi moralitas, ayat pelarangan riba beliau lebih menekankan pada pelarangan berlipat ganda. Tinjauan atau Kritik Hukum Fikih Muamalah terhadap Pendapat M. Dawam Rahardjo mengenai Bunga Bank, yaitu beliau tidak mengemukakan bagaimana persamaan bunga bank dan interest menurut beliau.Kata Kunci: Dawam Rahardjo, Bunga Bank, Fikih Muamalah, Riba

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

scholarly journals MA’ANI AL-HURUF DAN IMPLIKASINYA TERHADAP IJTIHAD

Al-Qadha ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 1-8
Author(s):  
Khairul Bahri Nasution
Keyword(s):  
Islamic Law ◽  
Arabic Language ◽  
The Third ◽  
Wide Difference ◽  
Difference Of Opinion ◽  
The Difference

In the development of Islamic law were encountered wide difference of opinion of the scholars as the fruit of the seriousness in exploring settlement of legal matters from the sourceQur'an and the Sunnah. The difference there is that is born of the understanding of the passage oflaw, the arguments of the disputed law, the validity proposition of law, there is even born rules ofthe Arabic language. Among the differences born of the rules of the Arabic language is thedifference in meaning of the letter. The letters in Arabic are the third component of the kalimatafter the word isim and fi’il. The letter is any wor that has no meaning, but if it is shared in otherwords. Huruf (letter) also divides into two, namely: mabani and Ma'ani. In Ma'ani letter, the letterdistributed to two, namely ‘amil and 'athil. Ma'ani letter of understanding to be born diversemeanings to a letter that implicates to disagreements over the meanings of verses and hadith bothon the Aqeedah and Fiqh.

Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis

2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda
Keyword(s):  
Saudi Arabia ◽  
United Arab Emirates ◽  
Islamic Law ◽  
Family Law ◽  
Marriage Law ◽  
The Third ◽  
Muslim Countries ◽  
Fourth Type ◽  
Modern Family ◽  
The Difference

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

scholarly journals 2. On the Polarizability of Heat from different Sources

1845 ◽  
Vol 1 ◽  
pp. 334-334
Author(s):  
Forbes
Keyword(s):  
Low Temperature ◽  
The Difference ◽  
Different Sources

The author of this paper states in it his belief, that the curious fact formerly announced to the Society of the greater permeability of mica, laminated by heat, to heat of low temperature, contrary to the usual character of the same substance (a property which he has since extended (see Proceedings, Jan. 1840) to changes of mechanical conditions of surface), may very probably explain, as M. Melloni anticipates, the difference in point of fact long contested between them as to the equal or unequal polarizability of heat from different sources.

Fratricide in Ottoman Law

Belleten ◽  
2018 ◽  
Vol 82 (295) ◽  
pp. 1013-1046
Author(s):  
Ekrem Buğra Eki̇nci̇
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Early Period ◽  
Point Of View ◽  
Potential Outcomes ◽  
Legal Principles ◽  
Legal Evidence ◽  
Political Tradition ◽  
Legal Texts

This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The established Turkish political tradition, which is based on the fact that the ruling power is a common patrimony of the members of the dynasty, gave rise to disastrous results in the early period of the Ottoman Empire. Since a strict succession system was not imposed during that early period of the Ottoman State, it would be the destiny of a shāhzādah (prince) which would determine his fate in becoming the next sultan. This resulted in infighting amongst the shāhzādahs. Revolting against the sultan or even planning to revolt are crimes according to Islamic/Ottoman law. The execution of those members of the dynasty who had not taken part in a revolt was legislated by the "Code of Sultan Mehmed the Conqueror," which was based on the sovereign right of the sultan accorded by Islamic Law (Orfi Hukuk). Relying on the principle of maslaha (common benefit) in Islamic law, some of the Ottoman scholars permitted fratricide as well. According to this principle, when facing two potential outcomes, the lesser of two evils is preferred. Some of the modern researchers consider this justification invalid. According to them, the execution of shāhzādahs who have not taken part in a revolt is politically correct, but contrary to Islamic law. The main contribution of this paper is to deal with the fratricide from the point of view of Islamic law by utilizing traditional legal texts and to addess to underlying Islamic legal principles behind fratricide application and what legal evidence the 'ulemā (Ottoman scholars) based their judgment on.

On the Use of Hypnotic Drugs in the Treatment of Insomnia

1905 ◽  
Vol 51 (214) ◽  
pp. 561-575
Author(s):  
W. Maule Smith
Keyword(s):  
Difference Of Opinion ◽  
The Difference ◽  
Hypnotic Drugs

Any drug which interferes with the workings of the higher cerebral functions is rightly regarded with suspicion, and the question of giving or withholding it is always open to doubt. Hence the difference of opinion with regard to the administration of hypnotics. In prescribing them the advantages have to be weighed against the disadvantages, and when that is done, and the former are in excess, then whatever disadvantages there may be have to be accepted since they are in the minority.

scholarly journals Modern Houses in a Folk Architectural Environment

2020 ◽  
Vol 65 (2) ◽  
pp. 379-398
Author(s):  
Ágota Lídia Ispán
Keyword(s):  
Socioeconomic Conditions ◽  
Architectural Heritage ◽  
Building Stock ◽  
Dominant Type ◽  
Architectural Features ◽  
Difference Of Opinion ◽  
Protection Area ◽  
The Difference ◽  
The 1960S ◽  
Landscape Protection

From the 1960s, the hip-roofed, cube house became the dominant type of dwelling throughout Hungary. Architects and ethnologists raised objections to the resulting “alien” appearance of settlements, and eventually even the authorities attempted to slow down the spread of these dwellings, with little success. In the Őrség region, with its characteristic folk architecture, the transformation was already visible by the 1970s, despite the region having some of the worst socioeconomic conditions in the country. Before the establishment of the Őrség Landscape Protection Area in 1978, the debates between the proponents of socialist modernization and those wishing to promote nature and the conservation of folk heritage were becoming increasingly heated. One such conflict was based on the difference of opinion between those wishing to preserve the architectural heritage, and the demands of local inhabitants for the modernization of their housing. In the present paper, in relation to the Őrség region, and to a lesser extent Vendvidék (Porabje), I examine how the building stock was transformed, what means were used to try to prevent the spread of the modern cube houses, what plans were put in place to preserve the traditional architectural features of the region, and with what kind of new functions attempts were made to solve the utilization of old buildings.

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