scholarly journals The problem of anomalous (shazz) fatwas in Islamic Law

2021 ◽  
Vol 14 (2) ◽  
pp. 411-424
Author(s):  
M. A. Аl-Zahrawi ◽  
R. A. Gizzatullin
Keyword(s):  
Common Sense ◽  
Islamic Law ◽  
Early History ◽  
Primary Sources ◽  
Modern Times ◽  
History Of

Based on the analysis of Sunni jurists’ classical and modern works, the article considers the provision on abnormal (shazz) fatwas – religious decisions that contradict either the unambiguous provisions of the sacred primary sources, or the agreed position of authoritative theologians (ijma’), or the goals (maqasid) of sharia or of a common sense. The work provides various examples of such fatwas in the early history of Islam, the era of the formation of classical theological and legal schools of thought (madhhabs) and modern times. In conclusion there is information about the reaction and attitude of the mufti, who issued the abnormal fatwa, to the case of a mistake revelation. Moreover, the article provides the explanation of his actions being legal or illegal due to his abnormal theological and legal decisons.

Stepchild of Psychoanalysis: ‘Paedophilia’ in Early Psychodynamic Thought

2018 ◽  
Vol 20 (1) ◽  
pp. 59-87 ◽  
Author(s):  
Diederik F. Janssen
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Forensic Psychology ◽  
Early History ◽  
Primary Sources ◽  
History Of Sexuality ◽  
Psychodynamic Theory ◽  
Psychodynamically Oriented ◽  
History Of ◽  
Historical References

Mainstream theorizing of paedophilia from the mid-1920s through to mid-1960, and even into the 1980s, was importantly psychodynamically oriented. The early history of the concept of paedophilia in early psychodynamic thought is problematic, however. Extant historical references are not without problems of their own, and have suffered from a lack of insight in the wider history of sexuality at this point of ‘erotic age preferences’. Review of primary sources highlights several contemporaneous interfaces of early psychodynamic theory: with the established forensic psychology of perpetrators of child sexual abuse; Krafft-Ebing's specific aetiological concept of age fetishism; early study and typologies of homosexual age preferences; emergent and divergent ideas about psychosexual infantilism; and strikingly late empirical attention to the psychiatry of the perpetrator of intergenerational incest.

The Gibraltar Skull: early history, 1848–1868

2018 ◽  
Vol 45 (1) ◽  
pp. 92-110 ◽  
Author(s):  
Alex Menez
Keyword(s):  
Human Evolution ◽  
Early History ◽  
Primary Sources ◽  
History Of

The Gibraltar Skull is Gibraltar's most celebrated fossil and the first adult Neanderthal skull ever found. Very little is known about its discovery and history while it was in Gibraltar. The skull was sent to London in 1864. There it formed a key component in the debates about human evolution and especially how Neanderthal 1, the Feldhofer skull, was understood. As such, it was instrumental in initiating the new field of palaeoanthropology. This paper draws on published and unpublished, primary sources to re-evaluate the early history of the Gibraltar Skull and provides fresh interpretations of this history.

scholarly journals Ijtihad dan Beberapa Ide Pembaruan dalam Fikih Islam.

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Umar Al-Haddad
Keyword(s):  
Islamic Law ◽  
Fourth Century ◽  
Modern Times ◽  
Islamic Jurisprudence ◽  
History Of

Assumption that the door of ijtihad was closed, despite ever becoming conspicuous in general, has never been universally accepted by all scholars. In the period after the fourth century BC /10 AD—during the opinion was evolving—history still noted the emergence of figures not only by showing their thought on ijtihad but also by showing their firm rejection to the view which said that the door of ijtihad was closed. By reviewing the position of ijtihad and its development in the history of Islamic jurisprudence (fiqh), this article proves that ijtihad is a must in the dynamics of the Islamic law. With the spirit of ijtihad, various reform ideas in Islamic jurisprudence in modern times have become possible and kept open for discourse, such as the approach between schools, collective ijtihad, ijtihad in the field of principles (ushûl) , and a review toward the qualification of mujtahid in modern times.DOI: 10.15408/ajis.v16i1.2896

خاتم النبيين والهجمات الخارجية The Last Prophet and External Attacks

2014 ◽  
Vol 10 (2) ◽  
pp. 16
Author(s):  
أسماء أكلي (Asmaa Akli) ◽  
وراضية باشوش (& Radhia Bachouch)
Keyword(s):  
Islamic Law ◽  
Early History ◽  
Muslim World ◽  
Ethical System ◽  
History Of ◽  
Objective Research ◽  
Research Studies

تناول هذا البحث بالدراسة واحدة من أهم معضلات العالم الإسلامي وهي الاعتداء على رموزه من خلال سب نبيها محمد  والاستهزاء به، فكان من الواجب أن يكون هناك بحث موضوعي يرد ويسدد ويوجه مسار مواجهة هذه التعديات، فجاء هذا البحث موضحا أحد أساليب مواجهة الدعوة في القديم والحديث، مبينا مخالفتها للنظم والمعايير الأخلاقية والذوق الحضاري، وبيان حكمها ليس في التشريع الإسلامي فقط، وإنما في الدساتير والمواثيق الدولية. وقد خلصت الدراسة إلى بيان أساليب الرد في الصدر الأول من الإسلام، وكذلك  زمن الصحابة رضي الله عنهم، والعصر الحاضر، منتهية باقتراح خطة حكيمة لصد هذا العدوان.*****************************************************This research studies one of the main problems of the Muslim world which is the attack on its symbols by insulting and mocking the Prophet Muhammad (s.a.w.). There is an urgent need of an objective research on this subject that should respond, correct, and direct the course of facing these attacks. This research focuses on one of the methods used in both old and new propagation, explaining how it is in conflict with the ethical system and standards and civilizational decency, and elaborating its ruling which is not only in Islamic law, but also in the international covenants and conventions. The study includes discussion of the methods of rebuttal as found in the early history of Islam, during the time of ØaÍÉbah, and the present era, proposing a wise plan to repel this aggression.

Ijtihad by Ra’y

2007 ◽  
Vol 24 (1) ◽  
pp. 73-95
Author(s):  
Saim Kayadibi
Keyword(s):  
Historical Perspective ◽  
Direct Relationship ◽  
Islamic Law ◽  
Early History ◽  
History Of

This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the concept of ijtihad (independent effort) and ra’y (juristic opinion), both of which played an enormous role in the development of Islamic law. Ijtihad by ra’y (personal judgment in juridical judgment) has been practiced from the time of the Prophet, as reflected in several hadiths narrated by Mu`adh ibn Jabal (d.18/640). The Prophet taught him how to use personal discretion and encouraged the Companions to undertake ijtihad by ra’y with regard to various issues. The criteria of personal judgment in istihsan indicate a direct relationship between istihsan and ijtihad by ra’y. The nature of istihsan, the wisdom behind it, and the wisdom of its use is quite considerable. As istihsan is considered a product of ijtihad, it represents simplicity, ease, and the lifting of difficulties. If the resulting qiyas (analogy) is not in keeping with the Shari`ah’s spirit, then the ruling of similarities should be abandoned in order to give a ruling according to the special evidence that justifies its spirit. The definitions of istihsan, ijtihad, and ra’y; the historical perspective of ra’y; the validity of ijtihad and its implementation at the time of the Prophet and the Companions; and the practices of ijtihad in terms of istihsan among the Companions are all explored in this paper.

VISUAL COMMUNICATION OF THE TRADITIONAL HOUSE IN NEGERI SEMBILAN

2018 ◽  
Vol 5 (2) ◽  
pp. 112-123
Author(s):  
Mohd Haizra Hashim ◽  
Abdul Mu’ati Zamri Ahmad ◽  
Muhammad Pauzi Abdul Latif ◽  
Mohd Yazid Mohd Yunos
Keyword(s):  
Visual Communication ◽  
Islamic Law ◽  
Early History ◽  
Islamic Art ◽  
Structural Elements ◽  
History Of ◽  
Surrounding Space ◽  
The Relationship ◽  
Selection Of

Visual communication in architecture is a genuine aspiration in realizing the relationship between the Malays and other communities. The composition of the models in this communication is very well organized and will remain relevant to be developed from time to time. It is an observation on the symbols, types of motifs and design aspects of the carvings, also the structural elements in the Malay architecture of Negeri Sembilan. This also comprises the study of the chronology of the early history of the Malay architecture of Negeri Sembilan which has its linkages with the Islamic art. Emphasis is given to the diversity in the carving characteristics as a comparison regarding historical, cultural and environmental backgrounds. The delicacy of the craftsmanship among Malay carvers in Negeri Sembilan is reflected in their maturity and ability to fuse traditional elements and Islam. Symbols that have motifs in the carvings result from the carvers' observation and experience. The selection of these motifs is carefully made to ensure that they are the Islamic teachings and not deviating with the Islamic law. Carvings in the Malay architecture of Negeri Sembilan are also crafted with an aim to beautify a piece of architecture made of various motifs. Those carved parts are always assured to maintain the balance with the surrounding space. Floral motifs are often combined with cosmic or geometrical motifs. In many cases, plant-based motifs are also prevalence translated into carvings. This is a tribute from the Malay carvers to beauty, perfection, and harmony of nature.

VISUAL COMMUNICATION OF THE TRADITIONAL HOUSE IN NEGERI SEMBILAN

2017 ◽  
Vol 5 (2) ◽  
pp. 112
Author(s):  
Mohd Haizra Hashim ◽  
Abdul Mu’ati Zamri Ahmad ◽  
Muhammad Pauzi Abdul Latif ◽  
Mohd Yazid Mohd Yunos
Keyword(s):  
Visual Communication ◽  
Islamic Law ◽  
Early History ◽  
Islamic Art ◽  
Structural Elements ◽  
History Of ◽  
Surrounding Space ◽  
The Relationship ◽  
Selection Of

Visual communication in architecture is a genuine aspiration in realizing the relationship between the Malays and other communities. The composition of the models in this communication is very well organized and will remain relevant to be developed from time to time. It is an observation on the symbols, types of motifs and design aspects of the carvings, also the structural elements in the Malay architecture of Negeri Sembilan.This also comprises the study of the chronology of the early history of the Malay architecture of Negeri Sembilan which has its linkages with the Islamic art. Emphasis is given to the diversity in the carving characteristics as a comparison regarding historical, cultural and environmental backgrounds. The delicacy of the craftsmanship among Malay carvers in Negeri Sembilan is reflected in their maturity and ability to fuse traditional elements and Islam. Symbols that have motifs in the carvings result from the carvers' observation and experience.The selection of these motifs is carefully made to ensure that they are the Islamic teachings and not deviating with the Islamic law. Carvings in the Malay architecture of Negeri Sembilan are also crafted with an aim to beautify a piece of architecture made of various motifs. Those carved parts are always assured to maintain the balance with the surrounding space. Floral motifs are often combined with cosmic or geometrical motifs. In many cases, plant-based motifs are also prevalence translated into carvings. This is a tribute from the Malay carvers to beauty, perfection, and harmony of nature. 

Ijtihad by Ra’y

2007 ◽  
Vol 24 (1) ◽  
pp. 73-95
Author(s):  
Saim Kayadibi
Keyword(s):  
Historical Perspective ◽  
Direct Relationship ◽  
Islamic Law ◽  
Early History ◽  
History Of

This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the concept of ijtihad (independent effort) and ra’y (juristic opinion), both of which played an enormous role in the development of Islamic law. Ijtihad by ra’y (personal judgment in juridical judgment) has been practiced from the time of the Prophet, as reflected in several hadiths narrated by Mu`adh ibn Jabal (d.18/640). The Prophet taught him how to use personal discretion and encouraged the Companions to undertake ijtihad by ra’y with regard to various issues. The criteria of personal judgment in istihsan indicate a direct relationship between istihsan and ijtihad by ra’y. The nature of istihsan, the wisdom behind it, and the wisdom of its use is quite considerable. As istihsan is considered a product of ijtihad, it represents simplicity, ease, and the lifting of difficulties. If the resulting qiyas (analogy) is not in keeping with the Shari`ah’s spirit, then the ruling of similarities should be abandoned in order to give a ruling according to the special evidence that justifies its spirit. The definitions of istihsan, ijtihad, and ra’y; the historical perspective of ra’y; the validity of ijtihad and its implementation at the time of the Prophet and the Companions; and the practices of ijtihad in terms of istihsan among the Companions are all explored in this paper.

The Place for Others in Islam

2008 ◽  
Vol 3 (1) ◽  
pp. 98-123
Author(s):  
Ahmet AliIbasic
Keyword(s):  
Theoretical Basis ◽  
Religious Freedom ◽  
Islamic Law ◽  
Early History ◽  
The Other ◽  
Mutual Support ◽  
Normal Functioning ◽  
God's Will ◽  
History Of ◽  
Solid Foundation

The following article deals with the place of the other in Islamic sources and law. It first elaborates general Qur‘anic principles and precedents from the early history of Islam that might serve as a theoretical basis for co-existence in Islam. Those include co-existence as God‘s will, supremacy of justice over religious formalism, separation of legitimacy of the other, and belief in the correctness of his/her views, and less-known examples of cooperation and mutual support between the Prophet Muhammad and pagans of Mecca. The second part surveys norms of Islamic law that provide for protection of non-Muslims‘ life, property, religious freedom, legal autonomy, and social justice and security. The overall aim of the study is to show that even classical Islamic law provides solid foundation for normal functioning of multi-religious societies.

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