MAPPING CONTEMPORARY ISLAMIC JURISPRUDENCE OF MUḤAMMAD SAʻĪD AL-‘ASHMĀWĪ AND MUḤAMMAD SHAḤRŪR

Author(s):  
Yusroh Yusroh ◽  
Mohd. Zaki Abd. Rahman

Muḥammad Saʻīd Al-‘Ashmāwī and Muḥammad Shaḥrūr are well known as contemporary Muslim thinkers. This article tries to map their contemporary ideas on Islamic jurisprudence. The main data of this research taken mainly from the works both of Al-‘Ashmāwī and Shaḥrūr. In particular, the paper tries to analyze Al-‘Ashmāwī‘s ideas on sharia, politics, hijab, marriage and divorce. On the other hand, the ideas of Shahrour on al-Qur'an, Sunnah and Fiqh, the theory of borders, pluralism, the commandment, inheritance, hijab, marriage, divorce, dowry, politics, and imamate are also critizised. After analyzing their lives and their ideas on Islamic jurisprudence, the paper found that their social, educational and practical backgrounds have affected their intellectual formations and ideas. Ashmawi is encouraged by diligence and enlightenment and is believed to be enlightened. Shahrour, however, takes a new approach in order to create the ḥudūd theory as a new way. As well as their intellectual background, Ashmawi has a good queen in Arabic, English and French as well as religion, Sharia, jurisprudence and theology. Shahrour is a good queen in Arabic, English, Russian, philosophy, philology and historical language.

POETICA ◽  
2021 ◽  
Vol 52 (3-4) ◽  
pp. 228-265
Author(s):  
Rafael Simian

Abstract Guigo II is commonly known and praised among specialists of Western mysticism for his Scala claustralium, a work that presents a spiritual program for cloistered monks. His Meditations, on the other hand, have usually been relegated to the margin of attention. The First Meditation, in particular, is generally regarded as a minor piece. The paper argues, however, that a new approach can make better sense of the First Meditation, while also enabling us to recognize its specific function and value. Seen from this new perspective, Guigo’s purpose with the text is to train and exercise his readers’ minds according to the spiritual program laid out in the Scala. The paper shows that the First Meditation realizes that goal, surprisingly, by having the same essential features that Umberto Eco found in the ‘open works’ of the Western avant-garde.


rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?


2014 ◽  
Vol 556-562 ◽  
pp. 3670-3673
Author(s):  
Soo Young Shin ◽  
Ika Dewi binti Saiful Bahri

Nanotechnology is an emerging field of science devoted to provide new opportunities in a vast range of areas. The main alternative for communication in the nanoscale is molecular communication. This paper describes how the molecules travel from one point to other point in the computational environment in two different approaches. In the first approach, the ant of the artificial colony are finding the routes by consider acceleration and force of molecule arrive close with the target. On the other hand, in the second approach, the density of molecule around the target will determines the routes of ant. As the performance measures, the arrival time and the number of contacts with molecules from the target to the source are evaluated


2021 ◽  
Vol 9 (SPE3) ◽  
Author(s):  
Morad Jafarzadeh ◽  
Seyed Mohsen Razmi ◽  
Mohammad Reza Kazemi Golvardi

Sale is known as one of the most widely used words in Islamic jurisprudence. Islamic jurists have each defined the nature, bases and types of sale as one of the specific and important Islamic contracts. Regarding sale, it should be mentioned that in some definitions, the early Imami jurists considered its nature as the exchange of two properties, while the famous Islamic jurists consider its nature as the demand and acceptance, which makes the object of sale the property of the customer and regards the price as the property of the seller. Another point is that, in the definitions of late and contemporary Imami jurists, there is a kind of semantic alteration in the interpretation of sale. From the view point of Islamic jurists, it seems that the elements of possession and ownership in the sale are concepts with wide conceptual scopes, and this is the superiority and distinction of Imami jurists over other jurists regarding the truth of sale. On the other hand, from the point of view of Islamic jurists, there are different types of sale, the most important of which are strict sale, contractual sale, absent sale, harmful sale, credit sale, general sale, deferred sale, gifted (mohabati) sale, debt sale, Morabahe (a sale based on a fixed price), etc. On the other hand, the bases of sale from the perspective of Islamic jurists are: demand and acceptance, buyer and seller, property sold, and price in the sale contract. Also, the features of sale from the point of view of jurists are: the ownership of the sale, the exchange of the sale, the objectivity of the property, the necessity of the sale contract. The research methodology in this paper is descriptive-analytical using the library method.


2013 ◽  
Vol 34 (1) ◽  
Author(s):  
Eric T. Ngcobo ◽  
Jaco Beyers

This article reflects on the question whether it is still possible to study religion religiously today or not? This is due to the variety of disciplines� interest in religion and its phenomena. Such interest influenced the study to adopt a new approach that is different from that of religious studies. Both religion and its phenomena, especially myths according to the reductionists, should be treated lesser than they are professed to be. Mircea Eliade on the other hand argues differently, as he stresses on the point that religious phenomena can only be studied under religious spheres alone.


AKADEMIKA ◽  
2020 ◽  
Vol 14 (01) ◽  
Author(s):  
Moch. Bachrurrosyady Amrulloh

Abstract: Not a few Muslim communities in Indonesia reject the concept of pluralism, even the MUI itself has issued a special fatwa on the prohibition of this understanding. They assume that pluralism is against Islam, because there is a tendency to equate Islam with other religions. Pluralism is also widely understood as a form of ideology that seeks to justify all religions. Thus, people can change religion as they wish at any time, like people change clothes. Contemporary era Indonesia also witnessed a polemic around this issue. Misunderstanding of the concept of pluralism has at some level created two poles of Islamic understanding between the pros and cons of this concept. Nahdlatul Ulama’ (NU) and Muhammadiyah were even divided internally in their communities. This article will examine through a review of Islamic jurisprudence (fiqh) related to the meaning and nature of pluralism. This research becomes relevant because in addition to the polemic that still exists in this concept, on the other hand the diverse social realities of Indonesian society, also requires an understanding that needs to prioritize tolerance and respect for differences.Keyword: Islamic Jurisprudence, Pluralism


rahatulquloob ◽  
2021 ◽  
pp. 109-120
Author(s):  
Dr. Ambreen Atiq ◽  
Dr. Abu Sufyan Qazi Furqan Ahmad ◽  
Dr. Khawaja Saif ur Rehman

According to Islamic Jurisprudence, one of the most important requirements for a sound marriage is the total agreement of the woman under the guardianship of her father or any other mahram relative. In case of none, the ruler or the judge assume to be a guardian or Wali of a woman. A guardian or Wali is responsible for the selection of the righteous person for the woman and assures the protection and welfare of her Rights and interests. He has the authority to reject and refuse the proposal if the suitor did not deem a sound and sincere match. A marriage without a guardian is considered unlawful, as there is no concept of love affairs and courtship without a guardian in Islam. The guardian evaluates the religious, social and economic compatibility of the couple, while on the other hand a woman selects the spouse on physical attraction and romantic notion which vanishes out soon as the real life starts causing potential problems in relationship. That why Islam lays down principle and law of wilayat for a lady to protect her interests and rights and consider to be a shield and safeguard for her welfare in future marital life.


2021 ◽  
Vol 11 (1) ◽  
pp. 163-184
Author(s):  
Ade Dedi Rohayana ◽  
Muhammad Jauhari Sofi

One important factor enabling Islamophobia, radicalism has been a global issue endangering personal safety and public security. It is strongly associated with incorrect understanding of religious doctrines. This paper aims to present a critique of the religious paradigm promoted by the radical groups from the principles of Islamic jurisprudence (ushul fiqh) perspective. Using an epistemological analysis to uncover the nature of their religious understanding and its justification, this study argues that the radical religious paradigm is characterized by a monolithic, textual, and rigid interpretation of the sacred texts. According to the radical groups, the sources of Islamic laws or teachings are restricted to only the Qur’an and the hadith, leaving no space for alternative interpretations. They do not give place for ra’yu (reason) in determining the laws or teachings. On the other hand, ushul fiqh perspective maintains that the sources of the Islamic laws or teachings are not restricted to only the two said sources; it also gives place for ra’yu (reason). The sources can also be found in the form of isyarah (signaling) and ruh (spirit) of the Qur’an and the hadith. In this sense, ushul fiqh refuses the literal interpretation proposed by the radical groups since not all of the texts in the Qur’an and the hadith can be understood literally. Taken together, these findings strengthen the idea that incorrect understanding of religious doctrines helps lead to the absolute, puritanical, and intolerant stance towards differences.


2021 ◽  
Vol 2 (18) ◽  
pp. 16-30
Author(s):  
B.V. Markov ◽  
◽  
A.M. Sergeev ◽  

The Philosophical Dialogue is dedicated to the analysis of the historical development of Russian philosophy over the past half century. The authors investigated the attitude of ideas and people in the conditions of historical turning point in the late 20th and early 21st century. Philosophy in a borderline situation allows us to compare and evaluate the past and the present. On the one hand, archetypes, attitudes, moods and experiences, formed as a reception of the collective experience of the past era, have been preserved in the minds of thinkers of the post-war generation – in the consciousness, and may be in the neural networks of the brain. On the other hand, the new social reality – cognitive capitalism – radically changes the self-description of society. It is not to say that modernity satisfies people. Despite the talk about the production of cultural, social, human capital, they feel not happy, but lonely and defenseless in a rapidly changing world. Not only philosophical criticism, but also the wave of protests, which also engulfed the "welfare society", makes one wonder whether it is worth following the recipes of the modern Western economy. On the one hand, closure poses a threat to stagnation, the fate of the country of the outland outing. On the other hand, openness, and, moreover, the attempt to lead the construction of a networked society is nothing but self-sacrifice. Russia has already been the leader of the World International, aiming to defeat communism around the world. But there was another superpower that developed the potential of capitalism. Their struggle involved similarities, which consisted in the desire for technical conquest of the world. The authors attempted to reflect on the position of a country that would not give up the competition, but used new technologies to live better. To determine the criteria, it is useful to use the historical memory of the older generation to assess modernity. Conversely, get rid of repeating the mistakes of the past in designing a better future.


1956 ◽  
Vol 21 (1) ◽  
pp. 1-27 ◽  
Author(s):  
John G. Kemeny

This is the first in a series of articles outlining a new approach to Semantics. The novelty in the approach is that the concept of an interpretation of a logical system is taken as the central concept of Semantics. I hope to show that by means of this approach a satisfactory definition can be given for such controversial concepts as analyticity, and at the same time the approach leads to a unified foundation for formalized Semantics.As the possibility of such definitions has been questioned in recent years, it is an important task to try to give precise definitions. Clearly, this is the task of those philosophers who believe that concepts like analyticity should play a fundamental role in Semantics. On the other hand, the philosophers who have criticized these concepts will now be able to tell just exactly why these definitions are unacceptable to them — instead of being forced to talk in generalities. It seems to me that no further progress is possible until we have precise definitions available for discussion.The fundamental semantic concepts fall into two classes: those, like truth, for which Tarski has offered definitions; and those additional ones, like analytic truth, for which we have Carnap's proposed definitions.


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