scholarly journals SYARIAT ISLAM PADA DINASTI DI ASIA Telaah Kritis Tipologi Mujtahid dan Geneologi Intelektual

Author(s):  
Hasnul Arifin Melayu

Implementation of Islamic law in Aceh is inseparable from its historical context in the history of Islam. Struggle of ideas between religion and state, the influence of the power system and outside the Islamic tradition and social conditions into one format forming Islamic law itself. In addition, the existence of a mujtahid in the struggle also gives an important role. This article will explore specifically about the existence of a mujtahid and their intellectual genealogy in dynasty in Asia, especially the Ottoman and Mughal. This study aims to describe the trip codification of Islamic law in some Muslim region. By doing so, there is the exposure of the expected phases of the codification of Islamic law that can be used as input in the process of implementation of Islamic law in Aceh. Kata kunci: syariat Islam, tipologi, geneologi mujitahid

2017 ◽  
Vol 2 (3) ◽  
pp. 205-214
Author(s):  
Farida Ulvi Na’imah

            This study describes Marshall G. Hodgson's thinking about the study of Islamic history studies in his work entitled The Venture of Islam. The research used in this study is analytical descriptive, which is a study that examines Marshall G.S Hodgson's thinking about Islamic history studies then parses and identifies the patterns of thought. According to Marshall G. S. Hodgson the history of Islam is the result of the ever-changing setting shaped by the Islamic tradition. In addition, it is also the result of a process of accomodation or acculturation from other pre-existing cultural traditions. Based on this view, and in the context of conversations about Islamic civilization, Marshall G. S. Hodgson emphasized the importance of seeing cultural continuity occurring at the level of religion, expressed by Muslims. Marshall G.S. Hudgson in seeing the reality of Islam in the world classifies in three forms of Islamic phenomena as the object of study. First, the phenomenon of Islam as a doctrine (Islamic), second, the phenomenon when the doctrine enters and processes in a cultural society (Islamicate) and manifests itself in a particular social and historical context. And thirdly, when Islam became a phenomenon of the political "world" in state institutions (Islamdom).


Author(s):  
Ercanbrack Jonathan

The history of Islam is inextricably connected to a celebrated history of trade and commerce which distinguishes it amongst monotheistic faiths. The modern incarnation of Islamic trade finance, however, bears only rudimentary similarity to the trade practices of old. Modern Islamic trade finance is devised to replicate conventional trade practices so that the barter-like immediacy of the Islamic contract of sale has been replaced with promissory attributes (wa’d). Yet Islamic law (sharia) has shown itself to be fully capable of adapting to modern trade practices so long as its major principles remain intact. The introduction of blockchain and smart contracts for Islamic trade finance does not change this basic calculus and yet these technologies promise to revolutionise Islamic trade practices in a way that compels the industry to operate in closer keeping with its commercial principles. Paradoxically, these technologies require substantive changes in the way in which Islamic trade finance is practiced, helping the industry to overcome its attachment to legal artifice (hiyal). Using comparative law methodology, this chapter briefly examines a short history of trade and commerce in the Islamic tradition, followed by the development of modern Islamic finance. It addresses the principles of Islamic commercial law as the basis for understanding the murabaha contract for trade finance, followed by an analysis of the legal and sharia-related issues that English courts have dealt with in the practice of Islamic trade finance. Finally, the chapter considers the transformative capacity of blockchain and smart contracts for Islamic trade finance, highlighting prominent legal and sharia-related issues that compel the industry to transform its trade practices markedly.


2020 ◽  
Vol 3 (1) ◽  
pp. 11-27
Author(s):  
Olagunju-Ibrahim R Olawale ◽  
Olokooba S Muhammed ◽  
Solomon O Afolabi

Set on historical context, this paper examines generally the problems hindering the effective learning of Islamic Law (Sharīʻah) in the citadels of learning in Nigeria. In doing this, the paper highlights the history of legal education especially, the high level of teaching and learning of Islamic Law in the pre-colonial Nigeria and the contemporary problems facing quality Islamic legal education due to colonial antipathy for Islamic Law as well as shortcomings in the content of Sharīʻah law curriculum of the Nigerian legal education system. Using doctrinal research method, the paper finds that scanty contents of the Sharīʻah law courses taught to combined law students in Nigerian universities go contrary to the aims and objectives of the founding fathers of the Islamic legal education in Nigeria. To achieve a turn round and improve the situation, the paper recommends the need for overhauling of the contents of all Islamic Law courses in the Nigerian Universities.


2019 ◽  
pp. 177-205
Author(s):  
Daniel Philpott

This chapter looks at potentialities for freedom in the Islamic tradition, identifying these potentialities as “seeds of freedom,” which are concepts or practices that express religious freedom in a significant way but that fall short of a full human right of religious freedom that is articulated in its many dimensions, enshrined in law, protected in contemporary political orders, and broadly accepted by Muslims. Nurtured, these seeds might grow into religious freedom in full bloom. These include verses in the Qur’an and their interpretation; the life of the Prophet Muhammad; the history of Muslim toleration of non-Muslims; liberal Islam; contemporary Muslim advocates of religious freedom; freedom in law and institutions in Muslim-majority states; and the history of the separation of religion and state.


2017 ◽  
Vol 5 (2-3) ◽  
pp. 161-178
Author(s):  
Latife Reda

The paper highlights the socio-economic aspects of the concept of hijra or migration in the Islamic tradition. The paper argues that the conception of migration in the Islamic tradition has been shaped by not only religious and ethical values, but also social and economic motivations and consequences ever since the first migrations to Abyssinia and Medina. The paper addresses the notion and practice of hijra in Islamic history by highlighting its ethical and religious value as well as its nature and evolution into a socio-economic activity motivated by different forms of oppression, including social and political oppression as well as economic deprivation. The study draws on the history of Islam and the Islamic society, the sources of Islamic law and doctrines, and the thought of scholars in relation to the changes in approaches to migration, and the conceptualization of hijra as an activity motivated by oppression and economic hardship.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Azhari Akmal Tarigan ◽  
N. Nurhayati ◽  
M. Syukri Albani Nasution

North Sumatera Islam is often left out of Nusantara Islāmic studies. North Sumatera has not become a serious concern of the reviewers of the Islāmic history of the archipelago due to several things. First, North Sumatera Islam is understood as a continuation of Aceh Islam. Secondly, it could be that there is a suspicion that North Sumatera has been identified as a Christian territory from the beginning, although this argument is not strong. This study aims to find out about the communication between fellow scholars in developing science in North Sumatera. Then researchers will look at the role of educational institutions in the development of Islam in North Sumatera. The method used in this research is descriptive qualitative research, which aims to understand social problems, events, the role of interaction, and community groups. The qualitative approach is used by focusing on the social conditions surrounding the existence of the Ulama, who lived in his day, which became the basis in compiling the historical events of the ulama network in the development of Islam in North Sumatera in the XX century. The results of this study are; first, the scientific network among fellow North Sumatera scholars is very good; it shows from the shape of the education system. This can be seen in connection with his teachers in the Middle East. Secondly, the role of Islāmic boarding schools Musthafawiyah and Maktab  Islamiyah is very important, including as a producer of scholars in North Sumatera and a center for the study and development of Islamic Law studies in the midst of society.


2016 ◽  
Vol 30 (2) ◽  
pp. 4-10
Author(s):  
Nancy L. Glen

This article focuses on teaching play party songs in a general music curriculum, using their authentic form and historical context. The history of play party songs is discussed, as well as the social conditions in America during the time they were used in the late 19th to mid-20th century. Descriptions of the songs include variations in lyrics and movements, with three examples of popular play party songs discussed in detail. Tips for teachers who wish to teach play party songs in their original historical context are offered, and a case is made for using them as a component of interdisciplinary teaching between the music specialist and the classroom teacher. At the end of the article, a sample list of popular play party songs are presented, as well as a list of resources to support the music specialist in learning more about these songs.


Author(s):  
Ivã Gurgel ◽  
Graciella Watanabe

Does science depend on its historical context? Does understanding science as a social construction demand us to abandon rationalist perspectives of knowledge? Based on these issues, this article aims to discuss epistemological questions concerning the problem of the historicity of sciences. In first part, we analyze how different philosophical systems conceptualize this problem and point out to tensions that emerge when one tries to reconcile a rationalist with a historicist perspective of knowledge. Then, we discuss the sociological epistemology of Pierre Bourdieu arguing that the field autonomy is a key concept to understand what the author denominates the “social conditions of the progress of reason”. Finally, we present criteria to delimit the most relevant contexts in a case study on the history of science.


Author(s):  
أسماء حسين ملكاوي

اليقيني والظني من الأخبار؛ سجال بين الإمام أبي الحسن الأشعري والمحدثين، حاتم بن عارف العوني، بيروت: الشبكة العربية للأبحاث والنشر، 2011م، 142 صفحة. الخطاب الأشعري؛ مساهمة في دراسة العقل العربي الإسلامي، سعيد بن سعيد العلوي، بيروت: منتدى المعارف، 2010م، 311 صفحة. الوسطية في السُّنة النبوية، عقيلة حسين، بيروت: دار ابن حزم، 2011م، 298 صفحة. مقالات في المرأة المسلمة والمرأة في الغرب، صلاح عبد الرزاق، بيروت: منتدى المعارف، 2010م، 144 صفحة. الإسلام والمرأة، سعيد الأفغاني، دمشق: دار البشائر للطباعة والنشر، 2010م، 144 صفحة. النساء العربيات في العشرينيات حضوراً وهوية، مجموعة من الباحثين، بيروت: مركز دراسات الوحدة العربية، 2010م، 574 صفحة. The Qur'an: Modern Muslim Interpretations, Massimo Campanini, USA: Routledge; 1 edition, 2010, 160 pages. Being Human in Islam: The Impact of the Evolutionary Worldview (Culture and Civilization in the Middle East), Damian Howard, USA: Routledge, 2011, 240 pages. The Relationship of Philosophy to Religion Today, Paolo Diego Bubbio and Philip Andrew Quadrio, UK- Cambridge Scholars Publishing; New edition, 2011, 240 pages. Early Islamic Theology: the Mu`tazilites and Al-ash`ari: Texts and Studies on the Development and History of Kalam (Variorum Collected Studies Series), Richard M. Frank (Author), Dimitri Gutas (Editor), UK: Ashgate Variorum, 2007, 400 pages. Hardship and Deliverance in the Islamic Tradition: Mu'tazilism, Theology and Spirituality in the Writings of Al-Tanukhi, Nouha Khalifa, UK: Tauris Academic Studies, 2010, 304 pages. Isma'ili Modern: Globalization and Identity in a Muslim Community, Jonah Steinberg, The University of North Carolina Press, 2011, 256 pages. Islam and Science: The Intellectual Career of Nizam Al-din Al-nisaburi, Robert G. Morrison, Routledge; 2011, 312 pages. God and Logic in Islam: The Caliphate of Reason, John Walbridge, Cambridge University Press, 2010, 228 pages. Muslim Women of Power: Gender, Politics and Culture in Islam, Clinton Bennett, London: Continuum, 2010, 256 pages. An Islam of Her Own: Reconsidering Religion and Secularism in Women's Islamic Movements, Sherine Hafez, New York: NYU Press, 2011, 208 pages. When Muslim Marriage Fails: Divorce Chronicles and Commentaries, Suzy Ismail, USA: amana publications; First edition, 2010, 136 pages. Women Under Islam: Gender, Justice and the Politics of Islamic Law, by Chris Jones-Pauly and Abir Dajani Tuqan UK: I. B. Tauris, 2011, 232 pages. Citizenship, Faith, and Feminism: Jewish and Muslim Women Reclaim Their Rights Jan Feldman, USA: Brandeis, 2011, 256 pages. للحصول على كامل المقالة مجانا يرجى النّقر على ملف ال PDF  في اعلى يمين الصفحة.


Author(s):  
Nathan Spannaus

Abu Nasr Qursawi (1776–1812) was a major figure in the history of the Muslim communities of the Russian Empire. An important religious scholar, he wrote works calling for the reform of the Islamic scholarly tradition that shaped the religious discourse of these communities into the 20th century. Qursawi focused on the construction of Islamic scholarship in the postclassical period (14th–19th centuries), criticizing scholars’ overreliance on taqlid, which had led them to hold incorrect theological views and prevented them from engaging with scripture in legal interpretation (through ijtihad). He argued that all scholarly positions must be verified (tahqiq) to ensure their correctness, and ijtihad was an obligation upon all Muslims to determine their own actions. Though critical, his reformism was grounded within the existing scholarly tradition, and its content was not subject to European influence. Nevertheless, it can be seen as a response to the incorporation of Islamic institutions into the bureaucracy of the Russian imperial state in the late 18th century, which remade the exercise of Islamic law and religious authority in the empire. This book analyzes his reformism in reference to its antecedents and sources and in light of these historical shifts. It also addresses the issue of modernity, arguing that although his reformism is grounded in the postclassical tradition, it is also an early example of Islamic modernism. It is, however, distinct from Jadidism, the 20th-century reform movement, despite frequent claims to contrary, as Jadidism instead grew out of transformations in the Volga-Ural religious environment postdating Qursawi.


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