scholarly journals مفهوم دار الحرب في فقه الإسلامي

2020 ◽  
Vol 4 (2) ◽  
pp. 305
Author(s):  
Abdullah Abu Bakr Ahmad
Keyword(s):  
Islamic Law ◽  
Islamic State ◽  
Comprehensive View ◽  
Islamic Religion

This research aims to give the reader a comprehensive view of the concept of Daral-Harbaccording tosharia Islamic Law. The first and foremost is to explain some of its terminologies, it defines the concept of Dar al-Harb (state of war) literally and technically. Then it combines the concept of the House of the Covenant and the raising of forms from the terms Dar al-Harb(state of war) and Dar al-Islam(Islamic state). It concludes by mentioning what the house becomes as the house of Islam and vice versa. The research concludedthat - The House of Islam does not turn in any case from the whole situation to the house of Kufr unless proven and verify that most of the inhabitants are infidels or apostates, and showed the provisions of the infidels and went from the country and all the features and rituals of the Islamic religion as occurred in Andalus.At the end,the conclusiondrawn from variant views of the scholarsand the main findings and recommendations have been given

Malaysia: Religious Pluralism and the Constitution in a Contested Polity

2012 ◽  
Vol 4 (2-3) ◽  
pp. 356-385 ◽  
Author(s):  
Andrew Harding
Keyword(s):  
Islamic Law ◽  
Religious Conversion ◽  
Common Law ◽  
Islamic State ◽  
Colonial Era ◽  
Federal Constitution ◽  
Highly Sensitive ◽  
Plural Society ◽  
Muslim Majority ◽  
Historical Developments

Malaysia has a classically plural society with a Malay/ Muslim majority and a legal system which, for historical reasons, is bifurcated between the common law and Islamic law. It also has a colonial-era federal constitution under which Islam is a state issue. Disputes concerning religion are both many and divisive. They are dealt with mainly in constitutional terms, especially in debates about the notion of an Islamic state, in light of Article 3 and the enshrinement of an official religion and in litigation. The latter is rendered complex by the separation of Islamic from common law jurisdiction in 1988, a fact that has given rise to highly sensitive and troubling litigation involving, especially, religious conversion in Lina Joy (2007). This article traces historical developments relating to religion and the law, and finds cause for some optimism that religious divides can be bridged by constitutional means, in light of recent judicial responses and evolving debates about the constitutional position of Islam.

scholarly journals Informal religiosity of central Volga area and Ural area «Muslim» peoples in 1960-1970

2016 ◽  
Vol 5 (2) ◽  
pp. 126-130
Author(s):  
Azat Korbangalievich Idiatullov ◽  
Lilia Nadipovna Galimova
Keyword(s):  
Soviet Union ◽  
Islamic Law ◽  
Modern World ◽  
Religious System ◽  
The Soviet Union ◽  
Islamic Religion ◽  
Soviet Time ◽  
The Subject ◽  
Middle Volga ◽  
Cultural Component

In recent years there has been an increased interest in Islam and Islamic law. Islam plays a very significant role in the modern world. Close interaction between legal and religious prescriptions of Islam, the religious basis of Muslim law, Muslim character is not in doubt. The article analyses informal religiosity of Muslim peoples of the Middle Volga and Urals in the 1960-1970. This time for relations between the authorities and Islamic institutions is relatively liberal. The restoration and development of official, allowed in the Soviet Union, as well as quite nontraditional for the Soviet time Islamic practices are noted by the authorities in the Middle Volga and the Urals. The reports name such informal forms of religiosity as neo-paganism, wandering mullahs, unofficial Muslim groups, worship, places of burial of saints and Sufi sources. The authorities, the party authorities, the official Muslim clergy stopped all forms of unofficial religiosity. For the Muslim peoples Islam has often been the subject of interest as a cultural component of their traditional worldview rather than a religious system. The authors believe that the Islamic religion has moved from ethno-cultural to the personal, informal level.

scholarly journals DEMOCRATIC POLITICAL SYSTEM IN THE PERSPECTIVE OF MAQASID SHARIA : STUDY ANALYSIS OF YUSUF AL-QARADAWI’S THOUGHT

2020 ◽  
Vol 5 (1) ◽  
pp. 55
Author(s):  
Athoilah Islamy ◽  
Sansan Ziaul Haq
Keyword(s):  
Political System ◽  
Islamic Law ◽  
Primary Source ◽  
Political Life ◽  
Islamic State ◽  
Epistemological Foundation ◽  
Democratic System ◽  
Holistic Vision ◽  
The Relationship ◽  
Democratic Political System

Abstract: one of the big issue that is still debatable about the relationship between Islam and politics is how legitimate the democratic political system is in the paradigm of Islamic law. This study will explain the alternative paradigm in evaluating the democratic system based on the paradigm of Islamic law from a prominent Muslim intellectual named Yusuf al-Qaradawi. This research is a qualitative research in the form of literature review. The primary source used is a variety of literature that explains Yusuf al-Qaradawi's thoughts about democracy in Islam. The method used is the method of interpreting the thoughts of the figures with the maqasid al-shari‘ah approach. There are two big conclusions of this research. First, Yusuf al-Qaradawi's view of democracy can be said to be grounded in its epistemological foundation in understanding the concept of an Islamic state. For al-Qaradawi, an Islamic state is a system of government that provides policy improvisation space in the benefit of social, economic and political life based on the objectives of Islamic law (maqasid shari'ah). Second, Yusuf al-Qaradawi's view, the democratic system can be compatible with Islam if the principles in the democratic system are in accordance with various values which are the spirit of the objectives of Islamic law (maqasid shari'ah), such as the value of justice, equality of rights, freedom, etc. so. To realize this, the democratic system must carry a holistic vision and mission, which includes worldly and ukhrawi benefits as well as individual and social benefits.       Keywords: Validity, democracy, Yusuf al-Qaradawi, maqasid shari’ah; 

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

ḤUDŪDPUNISHMENTS IN THE FOREFRONT: APPLICATION OF ISLAMIC CRIMINAL LAW BY HARAKAT AL-SHABAAB AL-MUJAHIDEEN

2014 ◽  
Vol 29 (2) ◽  
pp. 317-329 ◽  
Author(s):  
Michael Skjelderup
Keyword(s):  
Criminal Law ◽  
Current Practice ◽  
Islamic Law ◽  
State Power ◽  
Muslim World ◽  
Terrorist Group ◽  
Islamic State ◽  
Law And Order ◽  
State Institutions ◽  
Muslim Scholars

AbstractHarakat al-Shabaab al-Mujahideen, usually referred to as al-Shabaab (the youth), is known primarily as a Somali terrorist group. But since the end of 2008, it has functioned as a state power in large parts of Southern and Central Somalia. In this article, I analyze the main legal body of the group: theqāḍīcourt. In order to establish law and order in their territories, al-Shabaab has applied their own version ofsharī'a. The article reveals that al-Shabaab's application of criminal law follows the inherent logic of classical Islamic legal doctrines on several points. However, the al-Shabaab courts tend to overlook many of the strict requirements regarding evidence and procedure that were outlined by the medieval Muslim scholars in order to humanize Islamic law. Therefore, the legal reality of al-Shabaab's regime is far more brutal than that of most other Islamic-inspired regimes in the contemporary Muslim world. Al-Shabaab's practice of Islamic criminal law may be seen not only as a means to exercise control through fear but also as an effective way of filling the vacuum of insecurity and instability that has followed twenty years of violence and the absence of state institutions in its territories. I argue that, in order to understand al-Shabaab's current practice of criminal law, one has to take into consideration the group's jihadi-Salafi affiliation. According to Salafi notions,sharī'ais not only a means to an end, but an end in itself. As such,sharī'a(i.e., God's divine law) is the visual symbol of an Islamic state. Consequently, the application of Islamic criminal law, and especially of theḥudūdpunishments, provides al-Shabaab with political-religious legitimacy.

ISLAMIC LEGAL BASIS FOR MARRIAGE

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Azmil Mukarrom
Keyword(s):  
Islamic Law ◽  
Legal Basis ◽  
Home Life ◽  
Islamic Religion

Marriage is common and applies to all of its creatures, whether in humans, animals, or herbs. It is a chosen way by God. In Islamic religion, God encourages us to perform marriage. Marriage is a process in which a woman and a man unite their relationships in a family bond with the aim of organizing home life and offspring. Marriage in Islam is a sacred process, having certain manners and cannot be done in random. If the marriage is not performed based on Islamic law, then the marriage can be an act of adultery. Therefore, we as Muslims must know the tips of marriage in accordance with the rules of Islamic religion so that our marriage is judged by Allah SWT

International Terrorism and the Jurisdiction of Islamic Law

2015 ◽  
Vol 15 (3) ◽  
pp. 565-586 ◽  
Author(s):  
Ahmed Al-Dawoody
Keyword(s):  
Islamic Law ◽  
Universal Jurisdiction ◽  
International Terrorism ◽  
Islamic State ◽  
The World ◽  
Terrorist Acts ◽  
Modern Form

This article investigates the jurisdiction of Islamic law to international terrorism under the four Sunni schools of Islamic law. International terrorism refers to the following three cases: 1) terrorist acts committed outside of the Islamic state by its citizens; 2) terrorist acts committed outside the Islamic state by its non-citizens; and 3) terrorist acts committed inside the Islamic state by its non-citizens. It starts with studying the classical Muslim jurists’ tripartite division of the world into the ‘house of Islam’, ‘house of war’, and ‘house of peace’ to find out the boundaries of the jurisdiction of Islamic law and its position on the extradition of international terrorists. It examines the definition and elements of terrorism to find out the relevance of applying Islamic law to the modern form of acts of terrorism. It argues for the universal jurisdiction of Islamic law to acts of international terrorism.

KEBIJAKAN PENGAMPUNAN PAJAK DI INDONESIA: STUDI ANALISIS MASLAHAH MURSALAH

JURISDICTIE ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 193
Author(s):  
Heru Purwono
Keyword(s):  
Islamic Law ◽  
The State ◽  
Tax Law ◽  
Tax Administration ◽  
Research Approach ◽  
Islamic State ◽  
Legal Basis ◽  
Tax System ◽  
Tax Amnesty ◽  
Islamic View

The State of Indonesia is a State of Law, so in the case of the policy being made it must be based on the law. Fulfillment of the State’s treasury not using the concept of Islamic State such as zakat, but using taxes, whose legal basis is not derived from the Quran or Sunnah but based on the ijtihad scholars related tax law is based on the Qur’an and Sunnah. This journal study aims to find out how the policy of tax amnesty in indeneia is contrary to the constitution or not, and this writing will also describe how the Islamic view of tax forgiveness. This type of research is normative juridical and research approach is approach concept and approach of law. The results of this study indicate that tax forgiveness in Indonesia is not only for tax runners, but also for tax officials who are negligent in carrying out duties in taxes, tax amnesty is very useful to improve the tax system in Indonesia, tax administration and when viewed from the concept of Mashlahah (Islamic law), the forgiveness of taxes including Mashlahah Dharuriyah which can be useful for Hifzh al-Nafs (keeping soul), and Hifzh al-Mal (guarding the treasures) of all Indonesian people.<br />Negara Indonesia adalah Negara Hukum, maka dalam hal kebijakan yang dibuat harus berdasar pada hukum. Pemenuhan uang kas Negara bukan menggunakan konsep Negara Islam seperti zakat, tetapi menggunakan pajak, yang dasar hukumnya bukan berasal dari Quran atau Sunnah akan tetapi berdasarkan ijtihad para ulama terkait hukum pajak tersebut yang didasarkan pada Qur’an dan Sunnah. Penelitian jurnal ini bertujuan untuk mengetahui bagaimana kebijakan pengampunan pajak di indonesia apakah bertentangan dengan konstitusi atau tidak, dan penulisan ini juga akan mengurai bagaimana pandangan Islam terhadap pengampunan pajak. Jenis penelitian ini adalah yuridis normatif dan pendekatan penelitiannya adalah pendekatan konsep (satute approach) dan pendekatan undang-undang (statute approach). Hasil dari penelitian ini menunjukkan bahwa pengampunan pajak di Indonesia bukan hanya untuk para pelari pajak saja, akan tetapi juga untuk petugas pajak yang lalai dalam menjalankan tugas dalam menarik pajak, amnesty pajak sangat bermanfaat untuk memperbaiki system perpajakan di Indonesia, administrasi perpajakan dan jika dilihat dari konsep Mashlahah (hukum Islam), pengampunan pajak termasuk Mashlahah Dharuriyah yang dapat berguna untuk Hifzh al-Nafs (menjaga jiwa), dan Hifzh al-Mal (menjaga harta) seluruh rakyat Indonesia.

REFLECTIONS ON RELIGIOUS DIFFERENCE AND PERMISSIVE INCLUSION IN MUGHAL LAW

2014 ◽  
Vol 29 (3) ◽  
pp. 396-415 ◽  
Author(s):  
Nandini Chatterjee
Keyword(s):  
Eighteenth Century ◽  
Religious Identity ◽  
Legal Status ◽  
Islamic Law ◽  
Moral Code ◽  
Islamic State ◽  
Persian Language ◽  
The Concept Of Law ◽  
Legal Concepts ◽  
Criminal Matters

AbstractThis article investigates the “pre-history” of the colonial and postcolonial personal (status) laws of India, which tie religious identity with legal status, particularly in matters of family law. It examines the concept of law and legal jurisdictions in Mughal India (1526-early eighteenth century; officially 1857): a unique political formation in which an Islamic state ruled over a populace which was predominantly non-Muslim. Using Mughal official orders, Persian-language legal documents produced between the sixteenth and eighteenth centuries, and Persian-language legal formularies, the article proposes that despite frequent local delegation, the Mughals, their officials, and their subjects did not conceive of law as divided up into several religion-based jurisdictions. Instead, an inclusive operationalization ofshariʿa1(Islamic moral code, in a more specific sense Islamic law) appears to have popularized Islamic legal concepts and forms, and a host of pragmatic concerns attracted many who were not Muslims to the courts of the imperially appointedqazis(Islamic judges). Based on this evidence, this article proposes that Mughal India represents an instance of widespread “permissive inclusion” intoshariʿa, whereby in non-criminal matters theqazis' courts allowed and attracted, but did not require, all Mughal subjects to avail of their civil jurisdiction. This proposition is examined further in connection with the acrid debates between late Mughal administrators (particularly, Muhammad Reza Khan of Bengal) and their British overlords. It is thus suggested that while instituting colonial rule in the late eighteenth century, British imperialists also introduced a new concept of religion-based distribution of legal authority to India.

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