scholarly journals Bid'a in the Perspective of Islamic Theology and Law

ULUMUNA ◽  
2019 ◽  
Vol 23 (1) ◽  
pp. 193-219
Author(s):  
Musawar Musawar

Bid’a, literally translated as religious heresy and innovation, has become a topic of controversy amongst Muslims. There are Prophetic traditions that address bid’a  in the most critical term, declaring its perpetrators of misguided persons threatened by hellfire. This paper critically examines the notion of bid’a  and conceptually analyzes it from the perspectives of Islamic theology and law. Based on textual analysis of this term as this is found in some Prophetic traditions and their interpretation by Muslim scholars, this paper shows that the meaning of bid’a  covers various aspects of Islam, including theology and law. Muslims scholars understand the hadith on bid’a  literally and contend that all innovations are misleading. Other scholars, however, suggest that based on their critical examination of the term from linguistic, contextual and practical aspects, not all bid’a  are misguided. These scholars tend to comprehend bid’a  from the perspective of Islam law rather than theology. According to Islamic law, human actions fall into five legal categories: compulsory, recommended, neutral, reprehensible and forbidden. Bid’a must be put into this perspective. In other words, not all new things and innovation are forbidden because they can be categorised as neutral or recommended, depending on the relevant legal considerations.

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.


2010 ◽  
Vol 4 (1-2) ◽  
pp. 181-212
Author(s):  
Joseph S Spoerl

Islamic thinking on war divides roughly into two main schools, classical and modern. The classical (or medieval) view commands offensive war to spread Islamic rule ultimately across the entire world. The modernist view, predominant since the nineteenth century, limits war to defensive aims only. This paper compares the views of two important Muslim scholars, the classical scholar Ibn Ishaq (d. 767) and the modernist scholar Mahmud Shaltut (d. 1963). This comparison reveals that the modernist project of rethinking the Islamic law of war is a promising though as-yet-unfinished project that can benefit from the insights of Western scholars applying the historical-critical method to the study of early Islamic sources.


2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.


2020 ◽  
Author(s):  
Evra Willya ◽  
Sabil Mokodenseho ◽  
Muh. Idris ◽  
Nasruddin Yusuf

In the Al Qur’an, Allah SWT describes the damages and destructions caused by human actions on land and sea. Therefore, humans are obliged to maintain and preserve their environment for future generations. This obligation aims at protecting their interests, due to the various beneficial sources of life attributed to humans existence on earth. In order to maintain the balance and harmony of human relations with nature, and to realize order and social well-being, Islamic Law upholds some basic principles of social activities, to guarantee an orderly, balanced, and harmonious life for the development and social movements life in a stable and orderly manner. Subsequently, environment pollution and damage to the earth are eradicated, thereby, restoring balance and harmony.


2020 ◽  
Vol 13 (1) ◽  
pp. 43-63
Author(s):  
Elizabeth Al-Jbouri ◽  
Shauna Pomerantz

Representations of boys and men in Disney films often escape notice due to presumed gender neutrality. Considering this omission, we explore masculinities in films from Disney’s lucrative subsidiary Pixar to determine how masculinities are represented and have and/or have not disrupted dominant gender norms as constructed for young boys’ viewership. Using Raewyn Connell’s theory of gender hegemony and related critiques, we suggest that while Pixar films strive to provide their male characters with a feminist spin, they also continue to reify hegemonic masculinities through sharp contrasts to femininities and by privileging heterosexuality. Using a feminist textual analysis that includes the Toy Story franchise, Monsters, Inc., Finding Nemo, The Incredibles, and Coco, we suggest that Pixar films, while offering audiences a “new man,” continue to reinforce hegemonic masculinities in subtle ways that require critical examination to move from presumed gender neutrality to an understanding of continued, though shifting, gender hegemony.


2004 ◽  
Vol 21 (4) ◽  
pp. 131-133
Author(s):  
Mohammed Rustom

An Introduction to Islam by David Waines consists of three parts:“Foundations,” “Islamic Teaching and Practice,” and “Islam in the ModernWorld.” The author begins by characteristically painting the picture of pre-Islamic pagan Arabia on the eve of Islam’s advent. He discusses the role andsignificance the pre-Islamic Arabs accorded their pantheon of deities, as wellas the (largely inherited) moral codes that governed their conduct in tribalsociety. Waines neatly ties this into what follows, where he discusses thebirth of Prophet Muhammad, the event of the Qur’an’s revelation, and theopposition he encountered from his fellow tribesmen in Makkah. This is followedby an analysis of the Qur’an’s significance, its conception of divinity,and the content and importance of the Hadith as a source of guidance forMuslims. The section is rounded off with examinations of such topics as the first period of civil strife (fitnah) after the Prophet’s death and the interestingbody of literature devoted to Muslim-Christian polemics in earlymedieval Islam.The transition from the first part of the book to the second part is ratherfluid, for the second part is essentially an elaboration of the themes discussedin the first. With remarkable ease and accuracy, the author elucidatesthe historical development and main features of Islamic law in both its theoryand practice. Returning to his earlier discussion on the Hadith, here hebriefly outlines how its corpus came to be collected. Readers unfamiliar withthe main theological controversies that confronted Islam in its formativeyears (e.g., the problem of free will and the status of the grave sinner) willfind the section devoted to Islamic theology fairly useful.Waines goes on to explain some of the principle Mu`tazilite andAsh`arite doctrines, and outlines some of the ideas of Neoplatonic Islamicphilosophy, albeit through the lenses of al-Ghazali’s famous refutation.Surprisingly, the author does not address any of the major developments inIslamic philosophy post-Ibn Rushd, such as the important work of theIshraqi (Illuminationist) school (incidentally, the founder of this school,Shihab al-Din Suhrawardi, was a contemporary of Ibn Rushd). The last twochapters are devoted to Sufism and Shi`ism, respectively. Although Wainesdoes misrepresent Ibn al-`Arabi’s metaphysics of Being by calling it a “system”(pp. 153 and 192), on the whole he presents the Islamic mystical traditionin a refreshing and informed manner. His section on Shi`ism is splendid.It is written with considerable care, and he effectively isolates the mainthemes characteristic of Twelver Shi`ite thought and practice.In the third and longest part of this work, Waines incorporates IbnBattutah’s travel accounts into the book’s narrative. This works very well, asit gives readers a sense of the diverse and rich cultural patterns that wereintricately woven into the fabric of fourteenth-century Islamic civilization.After reading through the section, this present reviewer could not help butmarvel at how the observations of a fourteenth-century traveler and legaljudge from Tangiers could so effectively contribute to a twenty-first centuryintroductory textbook on Islam. Additionally, Waines takes readers throughsome of the essential features of the three important “gunpowder” Muslimdynasties, devotes an interesting discussion to the role played by the mosquein a Muslim’s daily life, and outlines some of its different architectural andartistic expressions throughout Islamic history ...


2007 ◽  
Vol 24 (2) ◽  
pp. 22-43
Author(s):  
Abdelaziz Berghout

The paper examines the importance of designing a framework for studying worldviews within the parameters of contemporary Islamic thought. It briefly reviews both selected western and Islamic stances on worldview studies. The literature reveals that research on this topic and its application to different spheres has become a topic of some interest to many intellectual circles, particularly in the western context. Hence, the possibility of forming an Islamic civilizational framework for an inquiry into people’s worldviews needs to be assessed. This article follows a textual analysis and inductive approach to analyze the prospects of formulating an Islamic framework for research on worldviews and its applications. It concludes that western scholars have made considerable efforts in treating people’s worldviews as a field of study, while Muslim scholars have not. In this respect, many western researchers have contributed to developing worldview studies as a separate field of inquiry, including the history of concept, subject matter, objectives, kinds, methods, and applications. Therefore, the need to enhance the Islamic input and research pertaining to this field by introducing an Islamic civilizational framework and approach of inquiry becomes apparent.


2012 ◽  
Vol 16 (3) ◽  
pp. 239-262 ◽  
Author(s):  
Ahmed Afzaal

“The Historical Roots of Our Ecological Crisis” by Lynn White Jr. poses specific challenges to Islamic metaphysics and theology that have yet to be adequately addressed by Muslim scholars. I argue that the transition from a panentheistic view of God to an increasingly supernaturalist one is indicative of a larger shift in worldview that White had failed to emphasize. Reading White’s essay in light of Weber and Iqbal, I argue that a worldview dominated by rational thought is consistent with supernatural theism. The challenges posed by White’s essay can be met through Iqbal’s postmodern reconstruction of Islamic theology in panentheistic terms.


2014 ◽  
Vol 29 (2) ◽  
pp. 317-329 ◽  
Author(s):  
Michael Skjelderup

AbstractHarakat al-Shabaab al-Mujahideen, usually referred to as al-Shabaab (the youth), is known primarily as a Somali terrorist group. But since the end of 2008, it has functioned as a state power in large parts of Southern and Central Somalia. In this article, I analyze the main legal body of the group: theqāḍīcourt. In order to establish law and order in their territories, al-Shabaab has applied their own version ofsharī'a. The article reveals that al-Shabaab's application of criminal law follows the inherent logic of classical Islamic legal doctrines on several points. However, the al-Shabaab courts tend to overlook many of the strict requirements regarding evidence and procedure that were outlined by the medieval Muslim scholars in order to humanize Islamic law. Therefore, the legal reality of al-Shabaab's regime is far more brutal than that of most other Islamic-inspired regimes in the contemporary Muslim world. Al-Shabaab's practice of Islamic criminal law may be seen not only as a means to exercise control through fear but also as an effective way of filling the vacuum of insecurity and instability that has followed twenty years of violence and the absence of state institutions in its territories. I argue that, in order to understand al-Shabaab's current practice of criminal law, one has to take into consideration the group's jihadi-Salafi affiliation. According to Salafi notions,sharī'ais not only a means to an end, but an end in itself. As such,sharī'a(i.e., God's divine law) is the visual symbol of an Islamic state. Consequently, the application of Islamic criminal law, and especially of theḥudūdpunishments, provides al-Shabaab with political-religious legitimacy.


2009 ◽  
Vol 26 (2) ◽  
pp. 79-101
Author(s):  
Siti Salwani Razali

When dealing with an offer, it is crucial to determine whether a “statement” amounts to an “offer” or a mere “invitation to treat.” Even though “offer” and “acceptance” are among the basic elements of any binding contract, both [English] common law and Islamic law have their own views on what constitutes an invitation to treat. This paper focuses on the invitation to treat and mu`atah as specified in Islamic law. The following points will be discussed: (1) how the invitation to treat can be considered a valid contract, although common law has ruled it invalid because a mere invitation to treat does not constitute an offer; (2) a comparison of their differences in the context of online or cyber transactions. Several Qur’anic verses, hadiths, and opinions from Muslim and non-Muslim scholars will be presented, and specific cases will be referenced; and (3) providing a better understanding of both principles and an analysis of some critical issues, especially with regard to the invitation to treat.


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