Jurisprudence issues related to fasting that depend on the judge’s ruling according to the Hanbalis: Collection and Study : المسائل الفقهية التي تتوقف على حكم القاضي في باب الصوم عند الحنابلة: جمعًا ودارسةً

2021 ◽  
Vol 4 (6) ◽  
pp. 123-109
Author(s):  
Ibrahem Abdoalaziz Abdoallah Almobaddal Ibrahem Abdoalaziz Abdoallah Almobaddal
Keyword(s):  
Islamic Jurisprudence ◽  
Primary Reference

The objective of the research is a gathering and thorough examination of the matters that the judge requires within the matters pertaining to fasting in the Hanbali school of thought from one of its relied books. Guidelines which the judge needs and does not need to give an edict are given. The book Iqna'a by al- Hajjawi was chosen for which the research was to be based on after which a comparison of the remaining four schools of thought were made because the former is the primary reference for judges in this country and so is important and beneficial for judges and rulings. The research concluded in that there are three rules that the ruling of judge depends on and that this is not a point of agreement amongst the scholars. Just as the scholars differ in matter of Islamic jurisprudence likewise judges differ in matters of ruling like whether or not it was dependent on the ruling of the judge or not like in matters related to fasting, such as the beginning of Ramadhan and other months.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

[review of:] Vyacheslav Ivanov & Peter Arkadiev, eds. 2013. Studies in the Typology of Slavic, Baltic and Balkan Languages

2013 ◽  
Vol 4 ◽  
pp. 221-239
Author(s):  
Ilja Seržant
Keyword(s):  
Language Contact ◽  
General Meeting ◽  
Scientific Work ◽  
Primary Reference ◽  
Theory Of Language ◽  
Vyacheslav Ivanov

Вячᴇᴄлᴀʙ Вᴄ. Иʙᴀнов (отв. ред.), Пᴇᴛᴘ М. Аᴘкᴀдьᴇв (сост.), Исследования по типологии славянских, балтийских и балканских языков (преимущественно в свете языковых контактов). Санкт-Петербург: Алетейя, 2013. / Vʏᴀᴄʜᴇsʟᴀv Ivᴀɴov & Pᴇᴛᴇʀ Aʀᴋᴀᴅɪᴇv, eds., Studies in the Typology of Slavic, Baltic and Balkan Languages (with primary reference to language contact). St Petersburg: Aletheia, 2013. ɪsʙɴ 978-5-91419-778-7. The main focus of the book is on various language contact situations as well as areal interpretations of particular phenomena against a wider typological background. The idea is to provide a broader overview of each phenomenon discussed, bringing in comparisons with the neighbouring languages. Two major linguistic areas are in the focus of the book: the Balkan and Eastern Circum-Baltic areas. The book is an important contribution to these fields as well as to areal typology and the theory of language contact in general, meeting all standards for a solid scientific work.

Theological Principles in the Qur'an: Sūrat al-Baqara as a Model

2011 ◽  
Vol 13 (1) ◽  
pp. 155-139
Author(s):  
Hasan Shafie
Keyword(s):  
Present Article ◽  
Vital Role ◽  
Islamic Jurisprudence

In this study we propose the establishment of theological rules (qawāʿid iʿtiqādiyya) similar to the jurisitic rules (qawāʿid fiqhiyya) which have for centuries been very important to Islamic jurisprudence, and which play a vital role in jurisprudence and uṣūl al-fiqh. The present article takes the second sura of the Qur'an, Sūrat al-Baqara, as a case study, identifying three fundamental principles in this sura: (i) man is honoured (al-insān mukarram), (ii) the Resurrection is a reality (al-baʿth ḥaqq) (iii) belief in all prophets is obligatory (al-īmān bi-kāfat al-anbiyāʾ wājib). These three rules are emphasised and reiterated in many parts of the sura, to a greater extent than any other principle. This study calls for other scholars to consider this proposition and develop it further.

Encountering Ambiguity: Muʿtazilī and Twelver Shīʿī Approaches to the Qur'an's Ambiguous Verses

2016 ◽  
Vol 18 (3) ◽  
pp. 91-115 ◽  
Author(s):  
Tehseen Thaver
Keyword(s):  
Eleventh Century ◽  
Arabic Language ◽  
Conceptual Approach ◽  
Islamic Jurisprudence ◽  
Primary Determinant ◽  
Linguistic Challenges ◽  
Qur'anic Exegesis ◽  
Exegetical Tradition ◽  
Qur'an Commentaries ◽  
Early Islamic

Within the broader discipline of Qur'anic exegesis, the sub-genre of the mutashābihāt al-Qurʾān (the ambiguous verses of the Qur'an) is comprised of works dedicated to the identification and explication of those verses that present theological or linguistic challenges. Yet, the approach, style, and objective of the scholars who have written commentaries on the ambiguous verses are far from monolithic. This essay brings into focus the internal diversity of this important exegetical tradition by focusing on the Qur'an commentaries of two major scholars in fourth/eleventh-century Baghdad, al-Sharīf al-Raḍī (d. 406/1016) and Qāḍī ʿAbd al-Jabbār (d. 415/1025). Al-Raḍī was a prominent Twelver Shīʿī theologian and poet while ʿAbd al-Jabbār was a leading Muʿtazilī theologian during this period; al-Raḍī was also ʿAbd al-Jabbār's student and disciple. Through a close reading of their respective commentaries on two Qur'anic verses, I explore possible interconnections and interactions between Shīʿī and Muʿtazilī traditions of exegesis, and demonstrate that while ʿAbd al-Jabbār mobilised the language of Islamic jurisprudence, al-Raḍī primarily relied on early Islamic poetry and the etymology of the Arabic language. Methodologically, I argue against a conceptual approach that valorises sectarian and theological identity as the primary determinant of hermeneutical desires and sensibilities.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Copyright on the View of Indonesia Law and Islamic Jurisprudence

2015 ◽  
Vol 6 (8) ◽  
pp. 1538-1549
Author(s):  
A’rasy Fahrullah ◽  
Djoko Mursinto
Keyword(s):  
Islamic Jurisprudence

Penerapan Psikologi Islam dalam Praktek Profesi Psikolog Muslim

2020 ◽  
Vol 3 (1) ◽  
pp. 47-60
Author(s):  
Yulia Hairina ◽  
Mubarak Mubarak
Keyword(s):  
Discussion Group ◽  
Qualitative Approach ◽  
Psychological Services ◽  
Reference Source ◽  
Sampling Techniques ◽  
Purposive Sampling ◽  
Primary Reference ◽  
Islamic Psychology

This research aims to describe the application of Islamic Psychology in the practice of Muslim psychologists and the obstacles in its application. This study uses a qualitative approach for taking respondents using purposive sampling techniques. There are twenty respondents in this study. The method used in collecting data from this study is the interview and Focus Discussion Group. This study found that the understanding of Islamic Psychology was quite diverse, but in essence, an approach that used the Qur'an and Hadist was the primary reference source. Its application, including the psychological services, and the process of counseling and therapy were carried out by integrating psychology and Islam. The cases also handled varied, not limited to severe or mild cases. The challenges were related to the ability of the psychologists and the acceptance of the clients.

Konsep Pemerintahan Religius dan Demokrasi Menurut Abdul Karim Soroush dan Ayatullah Khomeini

2013 ◽  
Vol 3 (2) ◽  
pp. 438-473
Author(s):  
M. Heri Fadoil
Keyword(s):  
Religious System ◽  
Islamic Jurisprudence ◽  
Ayatollah Khomeini ◽  
The Difference ◽  
The Government ◽  
The Right

Abstract: Abdul Karim Soroush judges that religious rule is incorrect assessment of the application of Islamic jurisprudence. In a religious society, Islamic jurisprudence obtains the right to govern. It is, of course, necessary to establish a kind of Islamic jurisprudence-based religious rule. Soroush firmly rejects it because such interpretation is too narrow. As for democracy, Soroush argues that the system used is not necessarily equal to that of the Western. On the contrary, Ayatollah Khomeini’s thoughts on religious rule are reflected in the so called wilayat al-faqih. It is a religious scholar-based government. Democracy, according to him, is the values of Islam itself, which is able to represent the level of a system to bring to the country’s progress. Principally, there are some similarities between the ideas of Ayatollah Khomeini and those of Abdul Karim Soroush in term of religiosity. They assume that it is able to sustain the religious system of government. The difference between both lies on the application of religiosity itself. Ayatollah Khomeini applies the concept of a religious scholar-based government, while Abdul Karim Soroush rejects the institutionalization of religion in the government or state.Keywords: Governance, democracy, Abdul Karim Soroush, Ayatollah Khomeini

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

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