scholarly journals Ṭawāf al-Mar’ah al-Ḥā’id fi al-Manẓar al-Islāmiy: Dirāsah Muqāranah bayn al-Madhāhib al-Fiqhiyyah al-Islāmiyyah

2021 ◽  
Vol 21 (2) ◽  
pp. 198
Author(s):  
Hudzaifah Achmad Qotadah ◽  
Adang Darmawan Achmad

One of the most important tasks in performing an obligation of worship is that a servant is required to learn the law as it was formed by sharia and religion, so that he could worship properly. Hajj is one of Islam's pillars where Islamic law requires all followers to run it for those who have the ability, even if only once in their lifetime, as He has said in the al-Qur’an: “Pilgrimage thereto is a duty men owe to Allah,- those who can afford the journey; but if any deny faith, Allah stands not in need of any of His creatures.” (QS: Al-Imran: 97). There are requirements in carrying out the Hajj and Umrah which should be fulfilled in their completion as a servant must manage, understand, etc. There are obligations to be performed in the conduct of Hajj and Umrah, and one is Ihram, Ramy al-Jamarat, stay a night in muzdalifah and so on. Furthermore, in the act of performing hajj and umrah there have been several pillars that must be performed such as tawaf. While as far as tawaf is concerned, there is an interesting discussion among many of the scholars on the issue of tawaf during Hajj and Umrah where it would be required to remain to purify during the hajj and umrah especially for a women within her menstruation cycle.

2020 ◽  
Vol 1 (4) ◽  
pp. 588-610
Author(s):  
Rahmat Rahmat ◽  
Sri Indriani

Marriage and divorce of women who have become pregnant as a result of adultery are problems that are given attention in the discussion of Islamic jurisprudence. Marrying a pregnant woman due to adultery has been a polemic among Islamic scholars since long ago in various countries, including in Indonesia until it was finally stipulated in the Book of Compilation of Islamic Law which became an explanation of the Law on Marriage. Divorce after marriage, which is preceded by pregnancy due to adultery, is also an interesting discussion, especially regarding the issue of idah, or the waiting period for women who are pregnant and subject to divorce. Idah or waiting period has been prescribed by Islam for the noble purpose of maintaining the authenticity of one's lineage so as not to mix with others. This problem was studied from a socio-cultural normative perspective, which compares the arguments and factual conditions, thus giving different values. Law of idah can differ from one woman to another, based on the type of divorce or the process of breaking the marriage bond, as well as on the woman's condition. The law of divorce for women who are pregnant that is the birth of the child they are carrying can also apply to women who are divorced, while they are pregnant as a result of adultery.


ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling


2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.


2020 ◽  
Vol 14 (2) ◽  
pp. 239-250
Author(s):  
Sarmo Sarmo

This article discusses the practice of changing waqf for socio-educational purposes. The jurists of the fiqh schools argue over the permissibility of exchanging waqf land. As a country where the majority of the population is Muslim, Indonesia has made the guidelines for waqf which are stated in the law. No. 41 of 2004 concerning Waqf, Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004, and the Compilation of Islamic Law in Indonesia. This study is field research conducted in Keniten Village, Kedungbanteng District, Banyumas Regency. This study concluded that the exchange of waqf land in this village was in accordance with the purpose of the waqf and in accordance with the law. No. 41 of 2004 Article 41 paragraph (3). The process of changing donated land for TK Diponegoro 136 is in accordance with Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004. Meanwhile, the relation of Islamic law to the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is debated in accordance with the rules used by each jurisprudence school. Referring to the argument of jalb al-maṣāliḥ wa dar 'al-mafāsid, the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is not against Islamic law because it brings more benefits.


2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
The Will ◽  

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.


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 ...


Author(s):  
Donald R. Davis

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.


Hawwa ◽  
2016 ◽  
Vol 14 (1) ◽  
pp. 94-112
Author(s):  
Carolyn Fluehr-Lobban

The current Islamist government, ushered in by a military coup in 1989, declared that the Sudan must be governed by Islamic law orshari’ain accordance with what it called the Civilization Project. As expected, the personal status for Muslims laws,Ahwal Shakhsiyya, continued to be governed by shari’a as it has always been. However, the Sudanese society experienced unprecedented changes that are considered un-Islamic, and may be even punishable by law. In this paper two of those changes happened in the institution of marriage. This paper discusses two types of marriage, ‘Urfi and Misyar that are not part of the law, and traditionally unacceptable, and by law deemed by some to be illegal. Some scholars are seeking to normalize and may be legalize both types.


2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.


2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.


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