scholarly journals Fundamentals of jurisprudence of Sheikh Al-Shirazi in matters of command: الاعتراضات الأصولية لأبي إسحاق الشيرازي في مباحث الأمر

Author(s):  
Karamoko Aboubacar Karamoko Aboubacar

The present study aimed at identifying the views of Sheikh Al-Shirazi on the fundamentals of jurisprudence related to matters of command and his objections to his opponents through his books. To achieve the goal of the study, the researcher relied on analytical method as a research methodology. After addressing the topics of the study in its general framework, the researcher reached many conclusions, including: Sheikh Al-Shirazi objected to many scholars of Usul al-Fiqh regarding matters of the command, and he has several methods of objection in this regard, including: the clear statement by mentioning the names of some of his opponents, such as Abu al-Qasim al-Balkhi, and the method of indicating without mentioning names of others such as saying: Some of the Shaafa'is, some of the companions of Abu Hanifa, and some Mu'tazilites said. The expressions of objections that al-Shirazi used against the scholars of Usul al-Fiqh in matters of command were mentioned from his books such as (Al-Lama - Al-Tabasrah) saying: “This is not correct” and the word “This is wrong” and “this is false”. Among the objections of Sheikh Al-Shirazi is that he does not agree with the condition of having will in command, and according to him the issue of the command requires immediate and delay is a mistake for him and the correct one is does the command require immediate?. And that duty is given to the minimum that the name applies to, such as the required amount in bowing and prostrating.

Author(s):  
Mohammad Azam Hussain ◽  
Rusni Hassan ◽  
Alias Azhar ◽  
Aznan Hasan

Abstract: In Malaysia, the appointment of members to the Shariah Advisory Council (SAC) of the Central  Bank  of Malaysia (CBM) is prescribed by the Central Bank of Malaysia Act 2009 (Act 701). The Act stipulates the provisions pertaining to the eligible persons to be appointed to the SAC, procedures, terms and conditions of appointment and also remuneration and allowances for the members of the SAC. In this regard, the question arises whether the prescribed provisions are sufficient to regulate the appointment of members to the SAC and free from any shortcomings. Hence, this study sought to analyse the existing legislations governing the appointment of members to the SAC and to analyse the legal issues arising from the existing legislations. By using legal research methodology, this article analysed the entire provisions dealing with the appointment matter. Based on the data collected from statutes passed by the Parliament of and Malaysia published materials, the analytical method was used by scrutinizing the related provisions of the law pertaining to the appointment of members to the SAC. This study found that, several loopholes  exist  in  the  statutory requirement of the existing law which needs to be addressed by the respective authoritative body in order to avoid any legal conflict in the future. Hence this study is significant in order to strengthen the existing legislation governing the SAC especially related the appointment process.   Keywords: Shariah advisory council, Shariah advisor, Islamic finance, Islamic law, Central Bank of Malaysia Act 2009.   Abstrak: Di Malaysia, pelantikan anggota Majlis Penasihat Shariah (MPS) Bank Negara Malaysia (BNM) ditetapkan oleh Akta Bank Negara Malaysia 2009 (Akta 701). Akta menetapkan peruntukan-peruntukan berkaitan orang yang layak untuk dilantik menganggotai MPS, prosedur, terma dan syarat-syarat perlantikan dan juga saraan dan elaun anggota-anggota MPS. Dalam hal ini, persoalan timbul sama ada peruntukan yang ditetapkan memadai untuk mengawal selia pelantikan anggota MPS dan bebas daripada sebarang kekurangan. Kajian ini bertujuan untuk menganalisis undang-undang sedia ada yang mentadbir pelantikan anggota MPS dan untuk menganalisis isu-isu undang-undang yang timbul daripada undang-undang sedia ada. Dengan menggunakan metodologi penyelidikan undang-undang, artikel ini menganalisis keseluruhan peruntukan yang berkaitan urusan pelantikan anggota MPS. Berdasarkan data yang telah kumpul daripada statut-statut yang diluluskan oleh Parlimen Malaysia, kaedah analisis telah digunakan dengan meneliti peruntukan-peruntukan undang-undang yang berkaitan pelantikan anggota MPS. Kajian ini mendapati bahawa, beberapa kelemahan wujud dalam kehendak statut dalam undang-undang sedia ada yang perlu diberi perhatian oleh pihak berkuasa yang berkaitan dalam usaha mengelak daripada berlaku sebarang konflik undang-undang pada masa hadapan. Oleh itu, kajian ini adalah sangat penting untuk mengukuhkan undang- undang sedia ada yang mengawal selia MPS terutamanya berkaitan proses pelantikan.   Kata kunci: Majlis Penasihat Shariah, Penasihat Shariah, Kewangan Islam, Undang-undang Islam, Akta Bank Negara Malaysia 2009.


2020 ◽  
Vol 11 (2) ◽  
pp. 217-226
Author(s):  
Anna Horniatko-Szumiłowicz

The subject of the paper is to compare the two contemporary novels – “Вовча зоря” (1991) and “Сталінка” (1994). The research question concernes the portrayal of the lost generation by the two prominent Ukrainian writers, also authors of the aforementioned novels – Y. Pashkovsky (b. 1962) and O. Ulyanenko (1962-2010). The research methodology includes the historical approach, the theoretical approach, the analytical method and the comparative approach. Research involved an analysis of source material, specifically the avalaible critical pieces (papers, reviews, interviews). Results learned from the research allow us to determine that despite a few differences in world creation and style, both writers accurately portrayed the Ukrainian lost generation of the 1980s, including their misplaced values and lost direction.


2018 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies

In this research, the researchers attempt to illustrate the linguistic and terminological meanings of Sukuk. They also want to point out their importance in financing major projects. Additionally, they try to recall the role of Islamic Sukuk in the contemporary world. This role will be shown by comparing between Sukuk in Malaysia and Egypt. This research will determine the historical stages through which the project of Sukuk in the Arab Republic of Egypt has passed. It will also explain Al-Azhar's response to the Sukuk project in the past, and show that currently, Islamic Sukuk is the only ideal mechanism for large projects in Egypt. A study will be conducted on the full text of the remarks made by the Supreme Council of Scholars in Al-Azhar on the Islamic Sukuk law. As for the research methodology, the researchers will follow two basic methods in this study: first, the inductive method to extract the related information from the sources; second, analytical method to analyze those information and compare between the two countries Malaysia and Egypt.


Author(s):  
Mykhailo Barnych ◽  
Nataliіa Horbachuk

The purpose of the research is to analyze the actor’s work on himself before going on stage or set and reveal the main ways to prepare the actor for a stage role or movie role in the imagination. Working on a role in the imagination is one of the most important points in preparing for playing on stage or the set. The research methodology is based on the theoretical and analytical method of defining the main creative methods of preparing an actor for the playing and their application while playing to get used to the role. The scientific novelty consists in a holistic study of the work of a theatre and film actor in the imagination and at the preparatory rehearsal stage of creating a role. Conclusions. Based on the work analysis of the actor of theatre and cinema, the features of working on the role in the imagination, at rehearsals and the use of this creative method during the performance or on the set of the film have been determined. It has been revealed that one of the important ways to prepare an actor for the playing is role improvisation. It has been found that the creative atmosphere on the set has a beneficial effect on the result of the acting. A necessary point in the work of an actor on himself is the study and development of natural instruments, in particular, the mastery of voice, facial expressions, gestures, breathing. An important part is to study the mechanism of arousal of the actor's experience in the role.


Author(s):  
L. Turuševa ◽  
◽  
S. Šmite ◽  

Research topicality: Political texts are mainly available in translation. Thus, it is very important to provide the reader with an overt translation. To improve the quality of political text translation, it is important to understand and be able to notice the key language elements of the text, keeping in mind that political texts and political translations are manipulative. Figurative language is used to give language elements a figurative meaning and therefore creates a much more vivid image of the text. The aim: To study manipulative devices in political speeches. Research methodology: The analytical method is used in the analysis of literature on political translation and in transcript translations of political speeches. A contrastive analysis on source and target texts is made. To show the stylistic differences or similarities between the source text and translated text, two political speeches and their translation are analysed. A questionnaire for experienced and novice translators is used to prove, or reject the results of the analysis. Main findings: Not only political texts, but their translations as well are always manipulative. Figurative language tools are often used in translations of political speeches, mostly metaphors and epithets. The results of the questionnaire show that figurative language tools are used in everyday translations of political texts, and they reinforce the results gained from the political speeches analysis.


2021 ◽  
Vol 17 (2) ◽  
pp. 217-241
Author(s):  
Qais Salem Al-Maaitah

This study aims to prove the importance of monotheism belief in the Holy Qurʾān as a foundation for the construction of man in general and human personality in all its mental, physical, psychological and spiritual aspects, in specific. It portrays how Islam alone can build “human civilisation” because it is divine guidance from the Creator Himself. In terms of research methodology, the researcher will mainly depend on a descriptive approach and will also rely on an inductive approach to track the texts that prove this belief. Next, these texts will be analysed using the analytical method to obtain the results. This study will find the Qur’anic verses, relevant instructions and sermons to achieve this goal. One of the most important results reached by the researcher is that the Islamic doctrine can build a balanced, integrated structure of the human personality, and this personality will lead to happiness and a balanced perspective – away from racism and intolerance. People having personalities accept and love others regardless of their colour, gender, or race. There is no doubt the positive effects of monotheism and many religious approaches in building human personality. Perhaps the most important effects are tranquillity and contentment with God’s decree. Tranquillity is a dire quality needed by humankind today – tranquillity means a person feels at peace in their heart, soul, and mind, and there is no way despair can seep into his heart.


2018 ◽  
Vol 18 (3) ◽  
pp. 262-275 ◽  
Author(s):  
Ben Kei Daniel

Purpose The purpose of this paper is to present a framework intended to guide students and novice researchers in learning about the necessary dimensions for assessing the rigour of qualitative research studies. The framework has four dimensions – (T)rustworthiness, (A)uditability, (C)redibility and (T)ransferability. The development of TACT is informed by various discourses of rigour in the qualitative research methods literature. Results of an empirical verification of TACT suggests that postgraduate students and faculty learning qualitative research found the framework useful for learning rigour in qualitative research methods. TACT also serves as an important theoretical tool for setting directions for further discourses on teaching and learning critical aspects of rigour in qualitative research methodology. Design/methodology/approach The formal verification of the TACT started with a development of a rating tool. The tool consisted of a total of 16 items, 4 items per each dimension. The items were ranked on five-scale Likert points (1=very important, 2=important, 3=neutral, 4=less important, 5=not important). The instrument was piloted and tested for reliability revealing an overall Cronbach’s α (α=0.86), which indicates a good level of internal consistency (George and Mallery, 2003) among the dimensions. The tool was put online and sent out to participants enroled in workshops on “assessing rigour in qualitative research studies”. Findings Overall, participants found TACT to be a useful framework for learning different dimensions for assessing qualitative research. They saw various benefits associated with the use of the framework including providing a better process for undertaking and reporting outcomes of qualitative research and for exploring different dimensions of rigour. Participants also indicated that using TACT facilitates reflexivity and fosters dependability of research outcomes. They stated that TACT could help researchers think about their personal relationship with a phenomenon being studied as well as the quality of data collected. Others said that TACT allows researchers to think about achieving transference and gaining confidence in the research findings. Research limitations/implications TACT is best suited as a teaching toolkit in qualitative research methodology courses. It is also useful as a platform for fostering a shared language in undertaking peer-review of methodological dimensions of qualitative research studies. Practical implications Though a general framework for accessing rigour in qualitative research studies is highly desirable, the usefulness of TACT in rendering rigour is subject to a particular academic tradition. Social implications TACT facilitates the exploration of different dimensions for assessing the outcome of qualitative research. Originality/value TACT is a general framework drawn from the literature and teaching practice and empirically validated.


2014 ◽  
Vol 12 ◽  
pp. 144-156
Author(s):  
Hamza Abed Karim Hammad

This study investigates the impact of teaching comparative jurisprudence in forming sound thought that believes in the right of having different views and opinions. as well as works to communicate with others. Furthermore, it demonstrates the impact ofteaching comparativejurisprudence in contributing to the formation of intellectual flexibility and mitigation of unilateralism, in addition to analyzing the impact of the comparative jurisprudential research methodology in establishing the principle of difference and pluralism. The study was based on the analytical method, the study concludes that the teaching of comparative jurisprudence -if conducted according to trend based on stating the importance of critical thinking and spreading the spirit of debate, and not confined to memorizing discussions, responses, appeals and objections; contribute to consolidate the concepts of pluralism and intellectual freedom; since the teaching of comparative jurisprudence based on a system of thought entrenched these concepts. The most remarkable aspect of that system is to accept the other opinion and determine the area of agreement and disagreement, and it shows clearly in resolving dispute area in the approach of studying comparative jurisprudence, as well as a focus on constructive critical thinking through discussing the evidences in the approach of studying comparative jurisprudence; In addition to believing in pluralism and not compelling others on accepting one viewpoint through making a comparison among jurisprudence viewpoints and basing on jurisprudent principle that not to reject provisions change because of times and places change.


2020 ◽  
Vol 1 (2) ◽  
pp. 105-118
Author(s):  
Miswanto Muslim ◽  
Rijal Rizki Mubarok ◽  
Nikodemus Hans Setiadi Wijaya

Purpose: The purpose of conducting this study was to test the effect of brand image, brand trust, and reference group on buying decision of sneakers.  Research methodology: This study took the primary data through questionnaires distribution. The analytical method used is multiple-linear regression. Results: The finding from hypothesis testing results is that brand image, brand trust, and reference group have positive effect on buying decision of sneaker shoes. Limitations: The testing involved only 3 factors, while generally, buying decision is often affected by some other factors for example, price, taste, and others.    Contribution: This study can be used to add insight and reference for the next study, especially in the marketing of sneakers. Keywords: Brand image, Brand trust, Reference group, Sneakers


2018 ◽  
pp. 109-116
Author(s):  
Mykola Рidhorbunskyi

The aim of the study. The article is devoted to the research of the Old Kyiv noble collections of the Orthodox Church. Decoding the notebook of this period remains a rather complicated and unresolved problem. There are certain gaps in the study of liturgical notables of the period of Kievan Rus not allowing them to be translated into contemporary notation. The objectives of this study were to analyse and explore the collected collections of the Ukrainian Orthodox Church and to develop ways that would facilitate the deciphering of Old Man’s written manuscripts. The research methodology is based on a combination of different research methods: analytical method helped to analyse and explore the collected collections of the period of Kievan Rus; statistical and chronological methods helped to define the time and quantitative characteristics; the comparative method helped to reveal the general and specific features of old-fashioned liturgical manuscripts; the hypothetical-deductive method allowed analysing various hypotheses and outlining ways that will help to decipher the old-time written manuscripts. Conclusions. The main material for studying the liturgical singing from the XIth to the XIVth century is the published manuscripts, the total number of which does not exceed four dozen, which allow concluding that the basic principles of ancient Kievan singing were laid during that period. However, the deciphering of the early forms of Kiev inaccurate writing today represents an unresolved problem to be solved by active cooperation with scientists from Western European countries, using the latest computer technologies and the complete cataloguing of ancient musical manuscripts.


Sign in / Sign up

Export Citation Format

Share Document