scholarly journals Islamic Sharia and Non-Muslim Citizens in Kanunname During Sultan Abdul Hamid II of the Ottoman Empire

2019 ◽  
Vol 27 (1) ◽  
pp. 37-68
Author(s):  
Meirison Alizar ◽  
Qasim Muhammadi

The tolerant spirit of Islam has inspired Ottoman rulers to adopt policies relating to non-Muslim citizens. The leadership crisis in the Ottoman Empire and the Western interests through capitulation have changed judicial system in the empire, including the system for non-Muslims that allows them to conduct their own judiciary and provide absolute freedom of religious matters. Tanzimāt, which is expected to bring improvements to the legislation system in Ottoman Empire, has marginalized Islamic law which is only enforced in aḥwāl al-shakhṣiyyah. Sultan Abdul Hamid II tried to maintain Islamic law by codifying Western European style. Some legal codifications contain qawāid fiqhiyyah (principles of Islamic law) which are sourced from the books of the Hanafi School of jurisprudence, and some others adopt Western laws by taking a few opinions of Islamic jurisprudence. This study analyzed various literatures related to policies towards non-Muslim citizens in the Ottoman era. The study uses descriptive and qualitative methods with a content analysis approach. Broadly speaking, this study found that the Ottoman Empire had given good treatment to non-Muslim citizens. The non-Muslim citizens get various facilities from the State, including the establishment of special institutions that handle their own affairs, although at the same time they have been used by Western countries to support their interests in Ottoman Empire.

Author(s):  
Wan abdul fattah Wan ismail ◽  
Ahmad Syukran Baharuddin ◽  
Fuadah Johari ◽  
Muhammad Aunurrochim Mas’ad

Online financial transaction is not new to the world and has been widespread into Malaysia. It has been applied in various matters including financial. Yet, there are still several issues that need to be clarified within the contekxt of Islamic Law of Evidence in Malaysia. This study gathered relevant data which have been obtained through qualitative content analysis approach towards related reported cases, statutes, and literature. As from the perspectives of Islamic Law of Evidence in Malaysia this paper discusses the concept of online financial transaction and its admissibility, verification procedure of online transaction. It also explains on the issues and challenges behind the application of this kind of transaction. All in all, this study highlights on the completeness of Islam in prividing solution of current issues despite of the changes of time, era, and technology as can be seen in the discussion related to online financial transaction.   Abstrak Transaksi kewangan secara ‘online’ bukanlah suatu yang baru kepada dunia dan telah tersebar sehingga ke Malaysia. Ia telah diaplikasikan dalam pelbagai urusan termasuklah kewangan. Namun, terdapat beberapa isu yang perlu diperjelaskan dalam konteks Undang-Undang Keterangan Islam di Malaysia. Kajian ini mengumpulkan data-data yang relevan diperolehi dari pendekatan analisis kualitatif terhadap kes-kes yang dilaporkan, statut-statut, dan kesusasteraan yang berkaitan. Melalui perspektif Undang-Undang Keterangan Islam di Malaysia, kajian ini membincangkan konsep transaksi kewangan secara ‘online’ dan penerimaannya. Ia juga menjelaskan isu-isu dan cabaran di sebalik pengaplikasian transaksi jenis ini. Secara keseluruhannya, kajian ini menyerlahkan kesyumulan Islam dalam memberi penyelesaian terhadap isu-isu terkini sekalipun berlaku perubahan zaman, masa dan teknologi seperti yang dapat dilihat melalui perbahasan berkenaan transaksi kewangan secara ‘online’.


2019 ◽  
Vol 9 (2) ◽  
pp. 213-237
Author(s):  
Muhammad Anshar

Abstract: This study discussed the themes of multimedia proselytising on Facebook used by Makassar's preachers as well as the usage of various forms of multimedia to convey messages to audiences (mad'u) through the Facebook social network. This research was a qualitative study using a content analysis approach. The results of the study stated that the themes conveyed by the preachers were aqidah (faith), sharia (Islamic law), akhlak (manner) morals, mu'amalah (dealings between people), and general messages, such as education, behaviour, and defending the country. While the forms of multimedia proselytising used by da'i (Islamic preachers) were the textual message, images, audio, and video. In addition, da'i needed to improve the quality of material and media da'wa by using information technology through internet media in order to get effective communication (da'wah).


2021 ◽  
Vol 16 (2) ◽  
pp. 1-19
Author(s):  
Mohd Hafiz Othman ◽  
Ermy Azziaty Rozali ◽  
Napisah Karimah Ismail

The Majallah al-Aḥkām al-‘Adliyyah belongs to the Ottoman Empire has been introduced in Johor, Malaysia during the reign of Sultan Abdul Hamid II (1876-1908). The book was brought to the Johor Government in 1893 during the reign of Johor’s Sultan Abu Bakar (1862-1895) in its Arabic language and it was translated later into Malay language and Jawi script during the reign of Sultan Ibrahim (1895-1959) in 1913. The translation was done by the Mufti of Johor and it is known as the Majalah Ahkam Johor. The book is a legal reference comprises the civil matters of muamalat, for example sale and purchase, rent and hibah, besides of containing court proceedings too. There are previous studies which affirmed that the Majalah Ahkam Johor was rarely used as a reference in court due to the expansion of colonial British in Malaya. The objective of this paper is to discuss and analyse the challenges of the use of the book in Johor and the obstacles in it’s implementation. The methodology of this study is based on qualitative design with historical research approach and document analysis from primary and contemporary data. The findings of this study shows that the use of the Majalah Ahkam Johor at the court level faced obstacles due to the British administration policy of interfering with the state legal and judicial system. Furthermore, the introduction of British law led to the abandonment of the use of Majalah Ahkam Johor as a reference on Islamic matters in Johor.


2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Elimartati Elimartati

<p><em>In common tradition, m</em><em>aking a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).</em></p><p><em><br /></em></p>


2016 ◽  
Vol 38 (2) ◽  
pp. 248-267 ◽  
Author(s):  
Meghna Sabharwal ◽  
Helisse Levine ◽  
Maria D’Agostino

Diversity is an important facet of public administration, thus it is important to take stock and examine how the discipline has evolved in response to questions of representative democracy, social equity, and diversity. This article assesses the state-of-the-field by addressing the following question: How has research on diversity in the field of public administration progressed over time? Specifically, we seek to examine how the focus of diversity has transformed over time and the way the field has responded to half a century of legislation and policies aimed at both promoting equality and embracing difference. We utilize a conceptual content analysis approach to examine articles published on diversity in seven key public administration journals since 1940. The implications of this study are of great importance given that diversity in the workplace is a central issue for modern public management.


2016 ◽  
Vol 4 (2) ◽  
pp. 102-110
Author(s):  
Александр Сквозников ◽  
Aleksandr Skvoznikov

The aim of the article is to investigate the legal status of non-Muslim communities in the Ottoman Empire. The author concluded that the sources of Islamic law, including the Koran and Islamic legal doctrine, formed the basis of the legal system of the Ottoman Empire, recognized the equality of people regardless of their racial, ethnic or religious affiliation. Non-Muslim subjects of the Ottoman Empire guaranteed the right to life, security of person and property, freedom of religion, freedom of economic activity, the right to judicial protection and protection against external enemies. However, the scope of rights and duties of citizens depend on their religious affiliation. The Ottoman Empire was essentially theocratic state, where Islam is the state religion and regularly held a dominant position among the other denominations. Served non-Muslim were somewhat limited in their rights: they could not come to the state, including military service, which does not allow us to talk about full equality of all subjects of the Ottoman Empire, regardless of religion.


Author(s):  
Nasrul Hisyam Nor Muhamad ◽  
Abdul Hafiz Abdullah ◽  
Sulaiman Shakib Mohd Noor ◽  
Mohd Rilizam Rosli

Waqf is a practice that is encouraged in Islam. In Malaysia, wakaf is under the jurisdiction of the state. This makes the wakaf management and administrative background of each state quite unique. Johor is one of the states that achieved the best achievement in waqf. This article discusses the background of wakaf practices implemented in the state of Johor, including the historical, legal, and management perspectives. Also discussed about the achievement of wakaf in the state of Johor and the forms of potential wakaf to be developed in the future. This study is qualitative. Data collection using library methods and data was analyzed based on 'content analysis' approach. It is found that the achievement of wakaf in Johor is very good especially in terms of the increase in value of waqf assets. Similarly, the Wakaf Shares and Waqf Shares that’s have currently implemented are very potential to be developed and ensure the sustainability of wakaf institutions.


Author(s):  
Cut Meurah Rahman ◽  
Ida Fitriana

This paper focuses on Pax-Ottomanica in a case study of the Millet System through multi ethnic and multi religious communities in the Ottoman Empire. In particular, the Millet System has successfully roamed people in Europe, Asia, and Africa for nearly 600 years. This paper also discusses Islamic law on the relationship between other religions such as Judaism and Christianity. This study uses a qualitative method with a whole literature approach. Based on the data analyzed, it was found that harmony occurs between fellow religious and ethnic people with the freedom to embrace their respective religions and maintain their respective cultures. This paper aims to analyze the state of the multi-ethnic and multi-religious society in the Ottoman Empire by providing various references from both Turkish and Western historians. In addition, this paper aims to introduce Ottoman-style freedom through this Millet system, which has succeeded in bringing all non-Muslim communities into one Ottoman commonwealth.


2019 ◽  
Vol 4 (1) ◽  
pp. 51
Author(s):  
Elkhairati Elkhairati

This paper aims to look at the existence of the Medina Charter in terms of history, content and authenticity and how it is spiritual in the 1945 Constitution. This study takes the form of literature with a content analysis approach. Data collection techniques in this study are carried out by collecting magazines, journals and books and utilizing internet to collect data related to research. This study concludes that the Charter of Medina contains the Islamic Shari'a as a law, is democratic in nature. If observed carefully, it will be seen the spirit of the Medina Constitution in the 1945 Constitution as the basis of the State of Indonesia. The concrete form is reflected in the points of the articles of the 1945 Constitution. This proves that even though the Republic of Indonesia is not an Islamic state, it does not mean that this country ignores Islamic shari'a.


Author(s):  
Haerunnisa Yunus ◽  
Rusli Rusli ◽  
Abidin Abidin

The aim of this paper is to discusse the concept of a marriage agreement in the Compilation of Islamic Law. This study is literature review research with a qualitative methods. The  data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The result of research shows basically, there is no difference between the Marriage Law and the Islamic Law Compilation regarding the marriage agreement. Second, the legal consequences of the marriage agreement made by each party—husband and wife, are binding. Therefore, if a violation occurs, each party can take legal action.


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