Kontroversi Hukum Asuransi: Studi tentang Argumentasi Muṣṭafā Aḥmad Al-Zarqā’ dalam Pembolehan Asuransi

2018 ◽  
Vol 12 (1) ◽  
pp. 87-104
Author(s):  
Hasanudin Hasanudin
Keyword(s):  
19Th Century ◽  
Social Insurance ◽  
Islamic Law ◽  
Legal Theory ◽  
Insurance Law ◽  
Islamic World ◽  
Commercial Insurance ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
The 19Th Century

Insurance came to the Islamic world around the 19th century AD. As long as the insurance law in Islam is concerned, the contemporary Islamic scholars are divided into three groups. First, scholars who allow it absolutely; secondly, the ulama who forbid it absolutely; and thirdly, scholars who legalize social insurance and forbid commercial insurance. One of the contemporary scholars who justifies insurance is Muṣṭafā Aḥmad al-Zarqā', a prominent Islamic scholar of Ḥanafi from Syria. The findings of this study are that in the perspective of Islamic legal theory the arguments of al-Zarqāʼ can be justified. The theory of Islamic law used by al-Zarqā' in examining insurance is the theory of ijtihad bi ar-ra'y by istiṣḥābī and ta'līl methods. Al-Zarqa' views that insurance is a new contract that does not exist in Islamic jurisprudence. Every Muslim is allowed to create new contracts that have not existed before as long as there is no prohibition against them. Al-Zarqāʼ analogize the insurance with the existing contracts in Islamic jurisprudence, among which is the contract of muwālāh from Hanafite school of law, ḍamān khaṭr al-ṭarīq from Hanafites, al-iltizām wa al-wa’d al-mulzim in Malikites, and al-‘āqilah in Syafi’ites.

Legislation as an Instrument of Islamic Law

2016 ◽  
pp. 550-584
Author(s):  
Leonard Wood
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Legal Theory ◽  
Islamic World ◽  
Islamic Legal Theory ◽  
History Of

This article examines legislation as an instrument of Islamic law in the history of the Islamic world and in Islamic legal theory, with particular emphasis on the scholarly analysis of whether Islamic law can be legislated at all, and if so, how. It first reviews the scholarship on legislation in the Islamic world before the mid-nineteenth-century Ottoman reforms (tanzimat)—the “premodern” centuries. It then considers legislation after the mid-nineteenth century—the “modern” centuries—by looking at scholars’ preoccupations with the apparent novelty of modern legislation and its debatable Islamicity. It also discusses empirical dilemmas underlying these preoccupations and competing scholarly approaches to theorizing and studying the proper relationship between legislation and Islam. The article concludes by suggesting four paths forward in the analysis of legislation as an instrument of Islamic law.

scholarly journals POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE

JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Nuha Qonita
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
New Product ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Modern Time ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
The World

<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>

The Four Sources of Law in Zoroastrian and Islamic Jurisprudence

2005 ◽  
Vol 12 (3) ◽  
pp. 291-332 ◽  
Author(s):  
Jany János
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Formative Period ◽  
Judicial Practice ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
Legal Thinking ◽  
Early Islamic ◽  
Holy Book

AbstractIt is "only our lack of familiarity with Sasanian law," von Grunebaum opined (1970: 37), "that prevents us from uncovering its traces in the fiqh". And Joseph Schacht argued that Sasanian law did have an influence on Islamic law. But neither Schacht nor any other modern scholar has provided persuasive evidence for such influence. In this article I argue that the influence of Sasanian legal theory on Islamic legal theory in the formative period was minimal, at best. It is true that, like Islamic law, Sasanian law was based on four sources: (1) The Awesta or holy book of the Zoroastrians; (2) oral law; (3) the consensus of the sages; and (4) the judicial practice of the courts (kardag). However, the possibility of Iranian influence on early Islamic jurisprudence is limited by historical, cultural, geographical and chronological factors, and the evidence of the sources suggests that Sasanian legal thinking was distinctive from that of the Sunni usulis.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

Critical Thinking and Its Implications for Contemporary Ijtihad

2010 ◽  
Vol 27 (4) ◽  
pp. 45-67
Author(s):  
Sayed Sikandar Shah ◽  
Mek Wok Mahmud
Keyword(s):  
Critical Thinking ◽  
Legal Theory ◽  
Dynamic Feature ◽  
Islamic Revival ◽  
Current State ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
Revival Movements ◽  
State Of Affairs ◽  
Islamic Civilization

As an intellectual process, critical thinking plays a dynamic role in reconstructing human thought. In Islamic legal thought, this intellectual tool was pivotal in building a full-fledged jurisprudential system during the golden age of Islamic civilization. With the solidification of the science of Islamic legal theory and the entrenchment of classical Islamic jurisprudence, this process abated somewhat. Recent Islamic revival movements have engendered a great zeal for reinstituting this process. The current state of affairs in constructing and reconstructing Islamic jurisprudence by and large do not, however, reflect the dynamic feature of intellectual thought in this particular discipline. Thus this article attempts to briefly delineate this concept, unveil the reality on the ground, and identify some hands-on strategies for applying critical thinking in contemporary ijtihad.

Juristische Wahrheit

2021 ◽  
Author(s):  
Falko Maxin
Keyword(s):  
19Th Century ◽  
Legal Theory ◽  
Social Knowledge ◽  
Important Process ◽  
Criminal Jurisdiction ◽  
Procedural Law ◽  
History Of ◽  
Theory Of Evidence ◽  
The 19Th Century

The mechanics of the "legal theory of evidence", which dominated German procedural law until the second half of the 19th century, was intended to render the truth of a circumstance to be proven calculable by means of legal rigour and arithmetic consistency. How can we explain in retrospect its seemingly abrupt replacement by the judge´s "free consideration of evidence" according to his subjective conviction as we know it today? Does this indicate something fundamental having changed in the nature and significance of the judge's knowledge of facts? Did a post-Kantian understanding of truth together with an altered conception of social knowledge play a role in this important process in the history of justice? By using the example of civil and criminal jurisdiction, this study examines these questions in its search for "legal truth" - and in doing so outlines a history of the theory of evidence in the 19th century.

Slavery and the Slave Trade in the Sokoto Caliphate

2021 ◽  
Author(s):  
Murray Last
Keyword(s):  
19Th Century ◽  
North Africa ◽  
Islamic Law ◽  
Slave Trade ◽  
Local Markets ◽  
Large Numbers ◽  
Women And Children ◽  
Sokoto Caliphate ◽  
Muslim Communities ◽  
The 19Th Century

Established using a conventional Islamic model of government, the new Muslim state in Sokoto, known as the Sokoto Caliphate (1804–1903), possessed eventually very large numbers of men, women, and children, taken captive (usually when children) in jihad from mainly non-Muslim communities, to serve as slaves. These slaves worked on farms or within households, they might be concubines and bear children for their owners; or they might be sold as children for export to North Africa in payment for the luxury imports the new elite wanted. Slaves were, under Islamic law, deemed “minors” or “half-persons,” and so had rights that differed from those of the free Muslim. By the end of the 19th century there were more slaves on the local markets than could be sold; exports of captives to North Africa had already dropped. For some captives enslaved as children, however, the career as a slave led eventually to high political positions, even to owning many slaves of their own. But slaves’ property, even their children, ultimately belonged to the slave’s owner. Revolts by male slaves were very rare, but escape was commonplace. Concubines, if they ever became pregnant by their owner, could not be sold again. The abolition of slavery c.1903 was slow to become a reality for many individual slaves, whether men or women.

Jamal Al-Din Al-Afghani And The Egyptian National Debate

1989 ◽  
Vol 21 (2) ◽  
pp. 151-169 ◽  
Author(s):  
Rudi Matthee
Keyword(s):  
19Th Century ◽  
The West ◽  
Islamic World ◽  
The Past ◽  
National Debate ◽  
New Information ◽  
Western Imperialism ◽  
Historical Image ◽  
The 19Th Century ◽  
Recent Attention

A remarkable man in his own lifetime, Jamal al-Din al-Afghani became a legend after his death.1 For many people, Afghani evokes an image that combines the medieval ideal of the cosmopolitan Islamic scholar with the romantic aura of the 19th-century revolutionary. Since the late 1960s, Afghani has been the object of particular attention and controversy in both the West and the Islamic world. Iranian and Western scholars have radically reinterpreted his background and beliefs.2 This reevaluation of Afghani on the basis of new information about him has, however, not been generally accepted in the Islamic world. If anything, recent attention to Afghani's unorthodoxy and possible irreligion has only served to harden his defenders by giving credence to his own statements. Afghani plays an important role in the historical image of Muslim unity and sophistication presented by many Islamic groups and governments in this age of revived panIslamism. His plea for Islamic renewal through solidarity never lost its relevance as a powerful symbol linking the past with hopes for the future. The image of Afghani as the indefatigable fighter against Western imperialism who helped make the Muslim world aware of its distinct identity remains equally as suggestive.

Succession Rights of Muslim Women in the Modern World: An Analytical Appraisal

2014 ◽  
Vol 28 (2) ◽  
pp. 111-135
Author(s):  
Mohd Altaf Hussain Ahangar
Keyword(s):  
19Th Century ◽  
Islamic Law ◽  
Muslim Women ◽  
Modern World ◽  
Muslim Countries ◽  
Uniform Law ◽  
The Right ◽  
Law Of Succession ◽  
The 19Th Century

Islam allows women the right to succession on the principle of a double share to a man and a single share to a woman. This principle is in reality an improvement on the operating law even in the 19th century wherein women were totally excluded from succession. Presently all Muslims are not governed by a uniform succession law. There are Muslim countries where the Shari‛ah is followed in theory while in reality a woman is excluded from inheritance. There are Muslim countries where Muslim women are allowed equal succession rights with men. Most non-Muslim countries have a uniform law of succession for all its citizens. This article addresses the question as to whether the modern law operating particularly in non-Muslim countries in comparison to Islamic law does better justice to nearer female heirs.

Sign in / Sign up

Export Citation Format

Share Document