scholarly journals Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda

2018 ◽  
Vol 26 (2) ◽  
pp. 445
Author(s):  
Zaprulkhan Zaprulkhan
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Discourse ◽  
Space Time ◽  
Methodological Framework ◽  
Philosophical Approach ◽  
Historical Approach ◽  
Islamic Jurisprudence ◽  
Time Culture ◽  
Muslim Scholars

<p>Nowadays, Muslims are facing various contemporary problems related to the discourse of fiqh or Islamic law. In this case, the old tradition of Islamic jurisprudence is no longer sufficient to answer those problems due to the changes in the context of space, time, culture, and contemporary sciences. Any effort to renew the aspect of methodology must be done in the field of uṣul al-fiqh not only in Islamic jurisprudence. This is the reason that methodological reconstruction is needed in order to make it is able to accommodate the various problems that are disturbing Muslims today. One of Muslim scholars who tried to reconstruct at the level of the methodology of maqāṣid al-shariah is Jasser Auda. For the purpose of reconstructing maqāṣid al-shariah fundamentally, Auda uses a philosophical approach that is multidisciplinary as well as open with various other relevant disciplines as a methodological framework for reforming the study of uṣul al-fiqh and Islamic law. Applying philosophical and historical approach this study found that Auda reconstructs maqāṣid al-shariah by offering six features: cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness. Furthermore, Auda gives contribution to the development of Islamic law and human rights. This paper will explore reconstruction as well as the contribution of maqāṣid al-shariah promoted by Auda through the approach of the philosophy of the system.</p>

scholarly journals Modern Intellectual Approaches to Islamic Law

ICR Journal ◽  
2010 ◽  
Vol 1 (3) ◽  
pp. 474-494
Author(s):  
Ahmad Kazemi-Moussavi
Keyword(s):  
Islamic Law ◽  
Public Law ◽  
Space Time ◽  
Broad Sense ◽  
Fine Tuning ◽  
Legal Norms ◽  
Islamic Jurisprudence ◽  
Legal Texts ◽  
Statutory Law ◽  
Muslim Scholars

This article deals with creative proposals by four contemporary authors who promoted reform either from within the shari’ah or by borrowing methods such as empiricism and hermeneutics beyond the conventional scope of the shari’ah. To revive the forgotten sphere of Islamic public law, Mohammad Hashim Kamali puts forth the idea of identifying Islamic notions of ijma’, shura and ijtihad with modern statutory law and government ordinances. Abd al-Hamid Abu Sulayman proposes that the application of Islamic legal norms (ahkam) must be aligned within space-time considerations, which centre on two principles of necessity and fine-tuning (talfiq). Taha Jabir al-Alwani signifies the important role that knowledge of ‘rational priorities’ (‘ilm al-awlawiyyat) can play in balancing and stabilising Islamic jurisprudence. He extends the scope of ijtihad in such broad sense to bring the higher objectives of the shari’ah into account to conform to timely requirements. Nasr Hamid Abu Zayd is one of the first Muslim scholars to approach the shari’ah by applying modern hermeneutics as a method of inquiry into the interpretation of legal texts. The modern hermeneutics, he believes, opens the gate for new understandings to update Islamic law.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

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.

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

Evolution of Islamic Law in the 20th Century: The Conception of Collective Ijtihād in the Debate Between Muslim Scholars

2020 ◽  
Vol 9 (1) ◽  
pp. 157-178
Author(s):  
Ahmed Gad Makhlouf
Keyword(s):  
20Th Century ◽  
Islamic Law ◽  
Legal Reasoning ◽  
Methodological Framework ◽  
Modern Life ◽  
Probative Value ◽  
Technical Work ◽  
New Instrument ◽  
Muslim Scholars

Abstract In order to meet the demands of modern life and its complexities, Muslim scholars developed in the 20th century a new instrument of Islamic legal finding, namely al-ijtihād al-jamāʿī [collective independent legal reasoning (ijtihād)]. The latter serves at present as a basis for the technical work within various institutions of contemporary Islamic law, in particular the fiqh academies. This article examines collective ijtihād as a newly developed concept of modern Islamic Law. By focusing on discussions among contemporary Muslim scholars about this concept, I aim to outline certain theoretical characteristics and a methodological framework for collective ijtihād. Furthermore, this article describes positions taken by Muslim scholars concerning the legitimacy and the probative value (ḥujjiyya) of collective ijtihād.

scholarly journals Adakah Ruang Ijtihad Untuk Isu Homoseks?

2003 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Arif Maftuhin
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Islamic Jurisprudence ◽  
The Government

Thus far the views of experts of Islamic jurisprudence regarding homosexuality have been very clear in forbidding it. The Alqur'an, Hadith and Ijma' are the bases of the prohibition on marriages of this kind, although jurists differ in their views on the punishment for homosexual behaviour. Malik, ash-Shafi'i and Ahmad equate the punishment for homosexual acts with that for adultery, whereas Abu Hanifah views it as a ta'zir punishment (one determined by the government). Meanwhile, the· view of some that homosexuality is a natural and predetermined phenomenon presents its own challenges: how will Islamic law respond to the claim that homosexuality is a part of our basic human rights that must be protected?

scholarly journals اقبال اور اجماع

2017 ◽  
pp. 13-20
Author(s):  
Dr. Muhammad Waseem Anjum
Keyword(s):  
Islamic Law ◽  
Research Paper ◽  
Muslim Community ◽  
Technical Problems ◽  
Muslim Scholar ◽  
Islamic Jurisprudence ◽  
Muslim Scholars

Ijma’ means consensus in Islamic law, the universal and infallible agreement of either the Muslim community as a whole or Muslim scholars in particular. Iqbal—a great Urdu and Persian poet and Muslim scholar—urges the need of Ijma’ in Islamic jurisprudence, uṣūl al-fiqh. In this research paper, the scholar has given a detailed illustration on the importance of Ijma’, its usefulness, technical problems and definition in the light of the thoughts of Allama Iqbal.

scholarly journals Asas Retroaktif pada Kasus Pelanggaran HAM (Perspektif Hukum Islam)

ULUMUNA ◽  
2009 ◽  
Vol 13 (1) ◽  
pp. 59-80
Author(s):  
Ikhwan Ikhwan
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
The Other ◽  
Special Treatment ◽  
Other Hand ◽  
The Future ◽  
Pros And Cons ◽  
Principle Of Legality ◽  
Muslim Scholars

The principle of retroactiveness in The Act, Number 26 in 2000 on Human Rights Jurisdiction provokes pros and cons. In one hand, severe violence against human rights is an extra ordinary crime that requires special treatment. On the other hand, retroactive legislation is against the principle of legality. In Islamic law, an act is considered a crime if it is proven by juridical evidences. An act is not considered a crime unless there is punishment for it. Therefore, every juridical decision adheres to the principle of legality that limits the extent of a law just for the future, not retroactive. According to most Muslim scholars, the principle of retroactiveness could be implemented if a new law is more just and humane without breaking the attainment of law ends. Implementation of the principle for severe violence against human rights is not allowed because it does not meet such requirement.

Opinions of Contemporary Muslim Jurists on the Registration of Marriages

2012 ◽  
Vol 8 ◽  
pp. 435-456
Author(s):  
Mek Wok Mahmud
Keyword(s):  
Islamic Law ◽  
Muslim Countries ◽  
Islamic Jurisprudence ◽  
Marriage Contract ◽  
Muslim Scholars

Registration of marriages is one of the debatable issues among contemporary Muslim scholars. Considering the fact that it was not implemented during the Prophet’s (s.a.w) time, many scholars discuss the validity of its practice as one of Shari‘ah requirements to recognize a marriage contract. There is a need  to critically analyze the opinions of contemporary Muslim scholars on the registration of marriage as a requirement for a marriage contract to be recognized and officially authenticated, as currently practiced in many Muslim countries. Adequate attention is needed to be paid to the issue of the Sharī‘ah status of marriage registration, as it has no basis among the Sharī‘ah requirements for a valid marriage contract. This paper takes into consideration ten principles of Islamic jurisprudence such as al-Qiyās, Sadd al-Dharā’i‘, al-IstiÍsān, Maqāsid al-sharī‘ah and as-Siyāsah al-Shar‘iyyah to prove that the registration of marriage cannot be regarded as alien to Islamic law.

قانون تقييد تعدد الزوجات في إقليم كردستان العراق: دراسة تحليلية فقهية في ضوء الواقع المعاصر Polygamy Restriction Law in the Kurdistan Region of Iraq A Jurisprudential Analysis of Contemporary Realitis

2014 ◽  
Vol 11 (1) ◽  
pp. 70
Author(s):  
عارف علي عارف (Arif Ali Arif) ◽  
رزكار سليمان مولود (Mulud Sulaiman)
Keyword(s):  
Islamic Law ◽  
Kurdistan Region ◽  
Iraqi Kurdistan ◽  
Islamic Jurisprudence ◽  
Muslim Scholars

الملخّصتعدد الزوجات مباح في الإسلام مع قيود في ذلك، ولكن تطبيقاته تشهد تنوعًا من مجتمع إلى آخر، وكردستان العراق لديهم قانون تقييد تعدد الزوجات. وقد جعل تعدد الزوجات مطيّة لنقد الإسلام وتسديد ضربات له من أجل تشويه الفقه الإسلامي. فكانت هناك حاجة للنظر الموضوعي في هذه المسألة في ضوء الفقه الإسلامي وأصوله. يهدف هذا البحث إلى تحليل الآرء الفقهيّة لعلماء المسلمين في تقييد تعدد الزوجات من أجل الوصول إلى مقترحات مناسبة مراعيا في ذلك الواقع الاجتماعي في إقليم كردستان العراقي. الكلمات المفتاحية: تعدد الزوجات، قانون تقييد التعدد، إقليم كردستان، القواعد الفقهية. ************************************AbstractPolygamy is allowed with definite restrictions in Islam but its practical manifestation varies from region to region. Iraqi Kurdistan has its own system of polygamy restriction. It has consequently provided for critics of Islam a shot in the arm to discredit Islamic law. There is a need to look at the issue objectively in the light of Islamic jurisprudence. This paper seeks to analyse jurisprudential views of Muslim scholars on the polygamy restriction with a view to coming up with appropriate suggestions keeping in view social realities in Kurdistan region of IraqKeywords: Polygamy, Law of Restriction, Kurdistan Region, Juristic Maxims.

Tianfang Sanzijing: Exchanges and Changes in China’s Reception of Islamic Law

2016 ◽  
Author(s):  
Roberta Tontini
Keyword(s):  
Islamic Law ◽  
Legal Discourse ◽  
Legal Culture ◽  
Chinese Context ◽  
Legal Principles ◽  
Islamic Jurisprudence ◽  
Sunni Islam

This chapter examines the implications of the legal discourse set forth by a Chinese primer for Muslims, the Tianfang Sanzijing (Three Character Classic of Islam), regarding notions of Islamic “legitimacy” and “orthodoxy.” Credited to the author of the Tianfang Dianli, Liu Zhi (1662-ca. 1736), and animated by that book’s purpose of reconciling Islamic law with the legal culture of the Qing, Liu’s concise primer on the main tenets of Islam spoke to a broader audience than its textual antecedent. This chapter argues that the Muslim Sanzijing set the ground for an independent development of Islamic law in the Chinese context, one that had the power to detach China from conventional Islamic jurisprudence outside its frontiers while remaining consistent with the overarching legal principles of Sunni Islam.

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