The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz

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).

JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Nuha Qonita

<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>


2012 ◽  
Vol 26 (1) ◽  
pp. 75-97 ◽  
Author(s):  
Luqman Zakariyah

Abstract Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts. The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its authoritativeness in application, one of the controversial issues surrounding the use of custom (al-ʿādah) is whether, by law, rulings can be changed over time when customs have changed. Thus, this article aims to examine the effect of custom in rulings related to ḥudūd and qiṣāṣ (fixed and retaliative punishments) in Islamic law and whether such rulings can be changed over time as custom changes and, if they can be changed, to what extent can such changes be made and to what effect do such changes affect the sanctity of the Qurʾān and Ḥadīth texts.


2014 ◽  
Vol 31 (1) ◽  
pp. 111-114
Author(s):  
Taymaz G. Tabrizi

This book surveys the development of literal meaning and literalism in Islamand Islamic legal theory (uṣūl al-fiqh) in particular. The term literal meaningrefers to the meaning that a text is believed to hold “in itself” by virtue of thesound-meaning relationships of words that were “coined” (waḍ‘) at some pointin time. Although Muslim debates on how words were coined (see secondchapter) are quite interesting and at times entertaining, the origin of languagewas secondary to the language’s actual existence. In other words, legal theoristscontended that the establishment of the “sound-meaning connection” wasmore important than who established it and when.Literalism, the other focus of the book, is the view that Islamic law privilegesliteral meaning. As Gleave explains in his first chapter, literalism seesliteral meaning as having an “advantage” over allusion, metaphor (majāz),and other kinds of meaning because it holds a “higher level of epistemologicalsecurity” (p. 1). Detecting the author’s intended meaning, although ideal, isfraught with uncertainties for it involves discerning another person’s intentions.In other words, for legal theorists, the literal can be established througha strict science of language and more importantly functions as a “startingpoint” for understanding texts which gives it a central role in hermeneutics.Even if the literal meaning is shown not to be the author’s intended meaning,it is nevertheless essential for controlling and understanding the linguistic andsemantic parameters of a word and the overall text in question.Gleave makes it clear that his purpose is not to establish whether or notthere is such a thing as literal meaning but instead to demonstrate the importanceof its various concepts and the role they played for Muslim legal theoristsof all sects as understanding how a language system works is key to grasping“God’s meaning when he addresses (khiṭāb) his servants” (p. 35). The firsttwo chapters are useful introductions to concepts of literal meaning in legaltheory. The third chapter, where the author traces one of the early conceptsand uses of literal meaning in Qur’anic exegesis, delineates its early historicalemergence in Islamic thought. This is significant for Islamic law and legaltheory as later Muslim legal hermeneutics had “imprints” of the debates thattook place in scriptural exegesis where literal meaning was often identified(e.g., through establishing what a word “literally” meant by tracing its ...


Author(s):  
Kendra Klages

My research project focuses on folk inspired music of Poland, England, China, and Ireland. In my applied lessons on clarinet, I studied two neoclassical Polish folk pieces, so the question answered in the research is how the two neoclassical Polish pieces compare to folk inspired pieces from other countries. The pieces chosen for this study are mainly pieces that I have heard before. Therefore, I chose the pieces based upon my familiarity with them. Folk music expresses the sounds and rhythms that represent countries all over the world. Over time these sounds and rhythms evolve to reflect the country at that moment. This study will reflect how folk music was implemented into different pieces with a focus on Polish neoclassical folk pieces versus English, Chinese, and Irish folk pieces. There is a detailed analysis focused on two Polish compositions. While the focus of the other global pieces is to allow one to understand how folk music was being used in compositions specific to the country being studied. The purpose of this study is to understand how folk tunes and characteristics can be expressed through larger compositions, and how the different countries and genres approached that. Furthermore, the study compares Polish folk music to the folk music of other countries and where Polish folk composers stand in originality and experimentalism with the composers of England, China, and Ireland.


2016 ◽  
pp. 151-156
Author(s):  
Mária Szabó ◽  
Szilvia Kusza ◽  
István Csízi ◽  
István Monori

Merino and Merino-derived sheep breeds have been widely known and distributed across the world, both as purebred and admixed populations. They represent a diverse genetic resource which over time has been used as the basis for the development of new breeds. In spite of this, their gene-pool potential is still unexplored. The Merino sheep represent the most important sheep resource of the Hungarian husbandry. It has the largest amount of individuals between both of the stock and commercial flocks. But in Europe the Merino stocks went through a drastic reduction in number. Thus these breeds became endangered in several countries as well as in Hungary. In this study we would like to present the recent status of different Merino breeds of the world to ground our further phylogenetic research with the Hungarian Merino breed.


Author(s):  
Leonard Wood

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.


Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 147-179
Author(s):  
Ali Musri Semjan Putra

Among the proofs of the greatness of God's power in the millennium is the emergence of various kinds of information media that are very helpful for ease in various matters. The convenience covers various fields of affairs, not just in the form of sharing information but has penetrated into the fields of business, education, da'wah and so on.Besides the many positive sides of social media, on the other hand social media is also a vehicle for various negative actions, such as hoaxes, fighting, sex trafficking, drug sales and so on. So this study tries to examine the nabawi hadiths relating to things that must be heeded in social media, specifically those related to hoaxes, with the induction approach using qualitative analysis. The purpose of the research is to provide insight to the community in using social media so that there is no violation of religious teachings or legislation when integrating on social media. As well as being a wrong solution in tackling and minimizing various forms of irregularities and violations that occur in the community in social media, both offenders in the form of crimes of intimidation, provocation, fraud, counterfeiting and so on, are spurred from hoax news.The conclusion of this study is that making or spreading hoaxes is an act that is strictly prohibited and prohibited in the nabawi hadiths which are the second source of law in Islamic law after the noble Qur'an. The culprit has the right to be punished in the world in a criminal manner or get a severe punishment in the hereafter, according to the effects and headlines of the lies he did.


2020 ◽  
pp. 75-96
Author(s):  
Ronald W. Schatz

The Labor Board vets insisted that they were always realistic and had no ideological convictions of any kind. This chapter argues that such a characterization is not accurate. Clark Kerr, John Dunlop, and the other veterans of the board’s staff were in truth utopians—not utopians as that term is usually imagined, but liberal reformers who believed that they could transform the world over time, one step at a time. The famous German sociologist Karl Mannheim termed that mindset “liberal-humanitarian utopian.” The chapter looks back to their youth to explain how they came to that worldview and how unarticulated utopian beliefs pervaded their teaching, writing, and other work. The chapter concludes with the prediction advanced by Clark Kerr, John Dunlop, Charles Myers, and Frederick Harbison that the U.S. and Soviet systems would converge in the future--a conviction that appeared realistic in the latter 1980s and the early 1990s.


2004 ◽  
Vol 18 (3) ◽  
pp. 147-172 ◽  
Author(s):  
Kenneth Arrow ◽  
Partha Dasgupta ◽  
Lawrence Goulder ◽  
Gretchen Daily ◽  
Paul Ehrlich ◽  
...  

This paper articulates and applies frameworks for examining whether consumption is excessive. We consider two criteria for the possible excessiveness (or insufficiency) of current consumption. One is an intertemporal utility-maximization criterion: actual current consumption is deemed excessive if it is higher than the level of current consumption on the consumption path that maximizes the present discounted value of utility. The other is a sustainability criterion, which requires that current consumption be consistent with non-declining living standards over time. We extend previous theoretical approaches by offering a formula for the sustainability criterion that accounts for population growth and technological change. In applying this formula, we find that some poor regions of the world are failing to meet the sustainability criterion: in these regions, genuine wealth per capita is falling as investments in human and manufactured capital are not sufficient to offset the depletion of natural capital.


2020 ◽  
Vol 4 (1) ◽  
pp. 27-42
Author(s):  
Amjad Ullah Jan Bangash

The tremendous growth of Islamic banking has transformed a relatively new industry into a robust and widespread reality on the ground. Several Islamic financial institutions (IFIs) operate in different countries of the world and several Islamic modes of financing have been developed; however, most cater to the needs of commercial businesses, and personal finance. Few IFI products have been made available to support the agricultural sector. One rarely used product is Salam (a kind of sale in which farmers sell their product in advance, before the season’s harvest, to get funding for farming inputs as well as for their livelihood expenses), which, however, is of limited use due to a range of limitations. Hence, there remains a need for a product which is shari’a compliant and acceptable to IFIs as well as the end users, that is, the farmers.  This paper proposes an Islamic model suitable for entrepreneurs, farmers and IFIs. A mixed-methods research methodology is applied: while the study is mainly qualitative, a quantitative approach was applied to the data obtained through questionnaires. The general finding of this paper is that there is a need to have a shari’a-compliant financing model to be based on a participatory basis, in place of the debt-based modes which are currently in extensive use by IFIs. Therefore, I selected the Muzara’ah (sharecropping) concept as the basis of a model to help the agricultural economy and the Islamic banking industry. The reason for choosing the participatory over the debt-based mode is that the latter cannot bring about any real change, as I shall demonstrate from the particular perspective of Pakistan. Research into the demography of the Pakistani agricultural sector, on the other hand, demonstrates that the Muzara’ah model can be used anywhere in the world. The paper also aims to understand the effects on this sector of the use of financing by both commercial and Islamic banks, the strengths and weaknesses of financial intermediation, and the challenges faced by Islamic banks as concerns financing the agricultural sector. This research paper is divided into four sections. The first introduces and debates the position of agriculture in Pakistan; the ways in which commercial banks extend loans to this sector, and the socio-economic effects of such loans; and the different existing financing models being used for this sector and their respective drawbacks. The section also presents a brief discussion of Islamic banking and its advantages; different Islamic modes of financing; and how Islamic banks are supporting the agricultural sector in Pakistan. Furthermore, it argues that there is a global need for an alternative Islamic model to finance the agricultural sector, and that this need is particularly pressing in Pakistan. The second section discusses the Muzara’ah model, through an extensive review of the extant Islamic literature, encompassing, but not limited to, the definition of Muzara’ah, the Islamic basis for the practice and Islamic juristic views, as well as how Muzara’ah worked in a previous age. Moreover, this section discusses the similarities and differences in opinion among Islamic jurists (experts in Islamic law) about the validity of Muzara’ah. The focus of this section is on finding a consensus as to the most common and viable mode of Muzara’ah which is acceptable to a majority of jurists.The third section surveys agriculture in Pakistan, as well as the opinions and perspectives of farmers, bankers and other stakeholders to inform the proper development of an Islamic Muzara’ah sharecropping model. Practical research was carried out in Kohat, one of the cities of Pakistan, which is famous for its guava, wheat and maize production. A description of the fieldwork is also presented in this section.The fourth section draws on all the above information to develop a model based on the concept of Muzara’ah which can be feasibly implemented in the Islamic banking industry. Moreover, it presents a discussion of the strengths and weaknesses of the model and provides suggestions and recommendations about how it should be rolled out. The needs of end users, such as farmers and growers, are addressed, and a discussion is presented of how the product better meets their needs than the other products which are currently available to them.  


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