scholarly journals Tracing the Genealogy of Maqāṣid al-Sharī'ah Concept: A Historical Approach

Al-Ahkam ◽  
2021 ◽  
Vol 31 (1) ◽  
pp. 69-90
Author(s):  
Amir Tajrid
Keyword(s):  
Islamic Law ◽  
Scientific Discipline ◽  
Analytic Method ◽  
Historical Approach ◽  
Second Development ◽  
Prevailing Paradigm ◽  
History Of

This paper aims to explore the emergence, continuity and shifting of the meaning of maqāṣid al-sharī’ah. Initially, maqāṣid al-sharī’ah entered into the study of uṣūl al-fiqh and later became an independent scientific discipline. Historically, the journey of maqāṣid al-sharī’ah has four periods, namely, the pre-codification era, the first development era, the second development era, and the maturation era as a scientific discipline. This paper is qualitative with a descriptive-analytic method, namely exploring the concept of maqāṣid al-sharī’ah in various literature. The findings in this paper are, first, the history of the emergence and development of maqāṣid al-sharī’ah is closely related to the enforcement of Islamic law. Second, the continuity of maqāṣid al-sharī'ah is an ideological concept because it is based on the prevailing paradigm

scholarly journals PERSPEKTIF COULSON TERHADAP RUMUSAN DIALEKTIKA HUKUM ISLAM

Al-Ahkam ◽  
2012 ◽  
Vol 22 (2) ◽  
pp. 121
Author(s):  
Akhwan Fanani
Keyword(s):  
Social Development ◽  
Historical Development ◽  
Social Dynamics ◽  
Islamic Law ◽  
Empirical Studies ◽  
Social Reality ◽  
Theory And Practice ◽  
Historical Approach ◽  
Social Facts ◽  
History Of

<p class="IABSSS">Law will always evolve and dialectic with social dynamics. Coulson see that the dynamics of the Islamic law occurs through the efforts of reinterpretation of Islamic sources when there is a gap between theory and practice. With a historical approach, Coulson mapped the development of Islamic law so that he made six dialectic formulation of Islamic law which is an in-depth reading in seeing the historical development of Islamic law. According to Coulson, Islamic law is idealistic and away from social reality. Islamic law is determined by social facts and reduced as a man-made law. Coulson’s propositions departed from empirical studies of the historical development of Islamic law. Coulson formulas can be used to understand further the reality of the development of Islamic law, so Muslims can understand what really happened in the history of Islamic law and scientific perspective. It can be used to perform introspection for Muslims to develop further the Islamic legal thought and in accordance with the existing social development. This paper intends to review critically the ideas of Coulson.</p><p class="IABSSS">***</p><p class="IABSSS">Hukum akan selalu berkembang dan berdialektika dengan dinamika sosialnya. Coulson melihat bahwa dinamika hukum Islam terjadi melalui upaya penafsiran kembali sumber-sumber Islam ketika ada kesenjangan antara teori dengan praktek. Dengan pendekatan historis Coulson memetakan perkembangan hukum Islam sehingga ia membuat enam rumusan dialektika hukum Islam yang merupakan sebuah pembacaan yang mendalam dalam melihat sejarah perkembangan hukum Islam. Menurut Coulson hukum Islam bersifat idealistik dan jauh dari realitas sosial dan apa yang ia inginkan adalah hukum Islam ditentukan oleh fakta-fakta sosial dan direduksi sebagai hukum buatan manusia. Proposisi-proposisi Coulson berangkat dari penelitian empiris mengenai sejarah perkembangan hukum Islam. Rumusan-rumusan Coulson dapat digunakan untuk lebih memahami realitas perkembangan hukum Islam, sehingga umat Islam bisa memahami apa yang sebenarnya terjadi dalam sejarah perkembangan hukum Islam dan perspektif keilmuan. Hal itu bisa dipergunakan untuk melakukan introspeksi bagi umat Islam untuk mengembangkan pemikiran hukum Islam lebih lanjut dan sesuai dengan perkembangan sosial yang ada. Artikel ini bermaksud untuk mereview secara kritis pemikiran Coulson tersebut. </p><p class="IABSSS">***</p><div class="WordSection1"><p class="IAKEY" align="left">Keywords: dialektika, Hukum Islam, <em>conflict</em><em> and tension</em>, <em>ijtihād</em></p></div>

scholarly journals Historiografi Mahar Hafalan Alquran Dalam Pernikahan

2019 ◽  
Vol 6 (2) ◽  
pp. 15-36
Author(s):  
Ibnu Irawan ◽  
Jayusman Jayusman ◽  
Agus Hermanto
Keyword(s):  
Islamic Law ◽  
Historical Review ◽  
Historical Approach ◽  
History Of ◽  
The One ◽  
Interesting Development ◽  
Society Today ◽  
People Today

The Messenger of Allah (PBUH) was easy to give his marriage dowry in keeping with the Qur'an.The history of The Islamic Dowry preserved the Qur'an from its beginning to the present has witnessed an interesting development of the study.The dowry of the qur'an's preservation of the marriage practiced by people today is driven by the lack of conformity with the history that occurred at the time.From previous backgrounds, the author is more studying through a historical approach to discovering developments that have taken place since the beginning of the Qur'an.'The results of this study show that the payment of a dowry from the Qur'an is currently witnessing the development of the meaning of dowry on the one hand, which is actually happening and the bottom now in society today is not limited to concern with the elements of rightsonly women, but increased attention to other aspects as well as the circumstances of the interest of the rightsTherefore, islamic law in its historical review is valid for all time and place. Keywords: RightsWomen: Marriage Dowry: History: Memorizing the Qur'an. 

scholarly journals Cadar dan Aturan Berpakaian Dalam Perspektif Syariat Islam

2020 ◽  
Vol 5 (2) ◽  
pp. 227-240
Author(s):  
Hasiah Hasiah
Keyword(s):  
Islamic Law ◽  
Literature Study ◽  
Historical Approach ◽  
Library Research ◽  
History Of ◽  
The Veil ◽  
Islamic Society

The purpose of this study are: 1) Knowing the nature of the veil, 2) Knowing the history of the emergence of veils in the culture of Islamic society, 3) Knowing the perspective of Islamic law on the use of veils. This type of research is a literature study (Library Research), the object in this study is the concept of veil in the perspective of sharia based on the Qur'an and hadith, the veil controversy in the culture of society. Data is collected by quoting, analyzing using the legal and historical approach methods that occur regarding the use of veils in people's lives.So the veil is a part of sharia after Islam came which was brought by the Prophet Muhammad. And it is also a culture that has occurred for generations before the existence of Islam (jahiliyah period).

A Left History of Liquorice: What It Means to Write "Left" History

2019 ◽  
Vol 23 (1) ◽  
Author(s):  
Bryan D. Palmer
Keyword(s):  
Historical Study ◽  
Right Wing ◽  
Special Edition ◽  
Political Climate ◽  
Historical Approach ◽  
History Of ◽  
The Impact

This article is part of a special Left History series reflecting upon changing currents and boundaries in the practice of left history, and outlining the challenges historians of the left must face in the current tumultuous political climate. This series extends a conversation first convened in a 2006 special edition of Left History (11.1), which asked the question, “what is left history?” In the updated series, contributors were asked a slightly modified question, “what does it mean to write ‘left’ history?” The article charts the impact of major political developments on the field of left history in the last decade, contending that a rising neoliberal and right-wing climate has constructed an environment inhospitable to the discipline’s survival. To remain relevant, Palmer calls for historians of the left to develop a more “open-ended and inclusive” understanding of the left and to push the boundaries of inclusion for a meaningful historical study of the left. To illustrate, Palmer provides a brief materialist history of liquorice to demonstrate the mutability of left history as a historical approach, rather than a set of traditional political concerns.

Menapak Jejak Seni Gambuh dalam Naskah-Naskah Panji Melayu

2020 ◽  
Vol 11 (2) ◽  
pp. 139
Author(s):  
Priyo Joko Purnomo ◽  
Wahyudhi Wahyudhi
Keyword(s):  
Performance Art ◽  
Oral Tradition ◽  
Close Relation ◽  
Cultural Transformation ◽  
Historical Aspects ◽  
Historical Approach ◽  
University Library ◽  
Critical Method ◽  
History Of ◽  
Performing Art

Gambuh as the performing art in Malay area became one of the cultural transformation evidences of the close relation between Java and Malay. The history of gambuh performance in Malay area recorded in the archipelago’s manuscripts, one of them is a manuscript entitled Surat Gambuh which is being the collection of Leiden University Library. This paper attempts to examine the contents of the manuscript in order to reconstruct the gambuh performance art in Malay and also trace the historical aspects. As far as the research had been done, there have been no studies of this manuscript so it is necessary to first transliterate it using a critical method. Furthermore, the historical aspects are explored using a historical approach by adding data from other texts of Panji. The analysis result of the reflection of Malay gambuh performance rules and historical aspects show that there is a transformation of work from oral tradition to written tradition, the cultural acculturation between Java and Malay, and the Islamic influence behind Malay gambuh.

scholarly journals Ernst von Leyden (1832–1910): a pioneer in making oncology a respected medical discipline

2021 ◽  
Author(s):  
Peter Voswinckel ◽  
Nils Hansson
Keyword(s):  
International Association ◽  
German Society ◽  
Scientific Discipline ◽  
Strong Impact ◽  
Medical Discipline ◽  
History Of ◽  
National Socialists ◽  
New Research ◽  
German Physician

Abstract Purpose This article presents new research on the role of the renowned German physician Ernst von Leyden (1832–1910) in the emergence of oncology as a scientific discipline. Methods The article draws on archival sources from the archive of the German Society of Haematology and primary and secondary literature. Results Leyden initiated two important events in the early history of oncology: the first international cancer conference, which took place in Heidelberg, Germany, in 1906, and the founding of the first international association for cancer research (forerunner of today's UICC) in Berlin in 1908. Unfortunately, these facts are not mentioned in the most recent accounts. Both had a strong impact on the professionalization of oncology as a discipline in its own right. Conclusion Although not of Jewish origin, von Leyden was considered by the National Socialists to be “Jewish tainted”, which had a lasting effect on his perception at home and abroad.

Medina Gounass: Constructing Extra-National Space in a West African Borderland

2021 ◽  
pp. 1-26
Author(s):  
David Newman Glovsky
Keyword(s):  
Islamic Law ◽  
West African ◽  
Religious Community ◽  
National Space ◽  
Cross Border ◽  
History Of ◽  
Postcolonial Africa ◽  
Postcolonial States ◽  
The Town

Abstract The historical autonomy of the religious community of Medina Gounass in Senegal represents an alternative geographic territory to that of colonial and postcolonial states. The borderland location of Medina Gounass allowed the town to detach itself from colonial and independent Senegal, creating parallel governmental structures and imposing a particular interpretation of Islamic law. While in certain facets this autonomy was limited, the community was able to distance itself through immigration, cross-border religious ties, and smuggling. Glovsky’s analysis of the history of Medina Gounass offers a case study for the multiplicity of geographical and territorial entities in colonial and postcolonial Africa.

Methodology of institutional analysis and its implication for contemporary framework of Islamic banks

Humanomics ◽  
2015 ◽  
Vol 31 (2) ◽  
pp. 183-200 ◽  
Author(s):  
Omar Javaid
Keyword(s):  
Islamic Law ◽  
Institutional Analysis ◽  
Institutional Framework ◽  
Methodological Error ◽  
Islamic Banks ◽  
Cultural Changes ◽  
Content Type ◽  
Distribution Of Wealth ◽  
History Of Evolution ◽  
History Of

Purpose – This paper aims to investigate the possibility of a methodological error made by the concerned scholars and academics of Islamic finance & economics to understand and study the modern framework of financial institutions, where they intend to practice Islamic law of contract. This error has led them to expect something which the institutional modern framework of banks, adopted by Islamic banks (for e.g.), wasn’t designed to accomplish, hence the disappointment. Design/methodology/approach – This study reviews the literature on history of evolution of banking industry and the corresponding ideological and cultural changes in the European society which drove this evolution; this is followed by a conceptual analysis to identify the institutional components inconsistent with ethos of Islamic norms and ethos. Findings – After review of history and evolution of modern banking framework, in the light of Hollingsworth frame of institutional analysis, it is inferred that the said framework was designed for a secular, liberal and capitalist society to efficiently and effectively enhance freedom and accumulate capital and wealth, without much regard for equitable distribution of wealth and economic justice. These goals are very much in contrast with the normative premise of Islamic Economics, which cannot be efficiently used to achieve the related objective. This indicates that framework of banking was narrowly understood by the concerned scholars and academics, without considering its history of evolution and intended objectives, before adopting for IBs. Practical implications – The disconnect between the Western institutional framework and ethos of Islam implies that the concerned need to look deeper and holistically while adapting Western institutions, so that necessary alteration is done in advance, if such an adoption is inevitable. Originality/value – This study introduces a new dimension for the concerned scholars, academics and practitioners to reanalyze the institutional framework adopted from the West, so that necessary adjustments can be worked out to make the said framework compatible with the ethos of Islamic economics.

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