scholarly journals Contextualization of The Istiṣḥāb Wa Sadd Al-Żarī’ah Towards Islamic Economic Practices in Indonesia

Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 98
Author(s):  
Hendri Hermawan Adinugraha ◽  
Fahrodin Fahrodin ◽  
Ade Yusuf Mujaddid
Keyword(s):  
Decision Making ◽  
Islamic Law ◽  
Data Sources ◽  
Legal Decision ◽  
Economic Problems ◽  
Legal Decision Making ◽  
Economic Practices ◽  
Interpretive Methods ◽  
Islamic Economic ◽  
The Times

Istiṣḥāb wa sadd al-żarī’ah are two methods of legal decision making in Islam among other methods, whose application always rests on the concept of maṣlahāt. This study describes how the application of istiṣḥāb wa sadd al-’arī’ah to contemporary economic problems in Indonesia. This research is a research library. Data sources are literature or come from various literatures, including books, journals, newspapers, documents, etc. which are relevant to the contextualization of istiṣḥāb wa sadd al-żarī’ah in Islamic economic practices in Indonesia. Data collection techniques in this study used editing, organizing, and finding. Data analysis in this study used deductive and interpretive methods. The results showed that the method of istiṣḥāb wa sadd al-żarī’ah is still very relevant for contextualizing Islamic law in Indonesia in the midst of efforts to oppose social change in facing the challenges of the times, especially in fields related to social and economic practices in Indonesia. Its application still refers to the objectives of Islamic law (maqāṣid al-syarī’ah) and always takes into account the values of mafsadāt and maṣlahāt in istinbaṭ al-hukm.

scholarly journals Methodology of Deciding Fatwa in Islam: A Case Study of Legal Decision Making in NU Organization

2017 ◽  
pp. 49
Author(s):  
Abd Moqsith
Keyword(s):  
Decision Making ◽  
Islamic Law ◽  
Public Affairs ◽  
Legal Decision ◽  
Legal Decision Making ◽  
Islamic Jurisprudence ◽  
Islamic Organizations

There are problems of islamic jurisprudence existing in society, but Qur'an and hadith as the references of shari'a are keep stagnant. Text of Qur'an and hadith are stagnant-without development, while the problems of jurisprudence are still growing. In fact, it is impossible to leave the problems without a solution. In that context, like other Islamic organizations, Nahdhatul Ulama (NU) actively issues religious fatwas. In order to keep the religious fatwa still based on the islamic law, NU has established a procedure of bahtsul masail, which is a scientific forum to respond the problems of jurisprudence, both individual and public jurisprudence related to public affairs. In delivering fatwa or answering the problems of jurisprudence, NU likely only picks up old Jurisprudence reference which are relevant to the problems. However, NU is allowed to perform ilhaqul masa'il binadhairiha, even istinbath in jama'i if the problems of Jurisprudence which can not be solved with the old Jurisprudence reference.

Stereotypes and legal decision making

2014 ◽  
Author(s):  
John G. Conway ◽  
Scott R. Tindale
Keyword(s):  
Decision Making ◽  
Legal Decision ◽  
Legal Decision Making

Psychology and the New Private Law

2020 ◽  
pp. 124-142
Author(s):  
Tess Wilkinson-Ryan
Keyword(s):  
Social Psychology ◽  
Decision Making ◽  
Law And Economics ◽  
Mental States ◽  
Psychological Research ◽  
Private Law ◽  
Legal Decision ◽  
Psychological Analysis ◽  
Legal Decision Making ◽  
Normative Models

This chapter presents a framework for understanding the most promising contributions of psychological methods and insights for private law. It focuses on two related domains of psychological research: cognitive and social psychology. Cognitive psychology is the study of mental processes, which one might shorthand as “thinking.” Social psychology asks about the role of other people—actual, implied, or imagined—on mental states and human behavior. The chapter is oriented around five core psychological insights: calculation, motivation, emotion, social influence, and moral values. Legal scholarship by turns tries to explain legal decision-making, tries to calibrate incentives, and tries to justify its values and its means. Psychology speaks to these descriptive, prescriptive, and normative models of decision-making. The chapter then argues that psychological analysis of legal decision-making challenges the work that the idea of choice and preference is doing in private law, especially in the wake of the law and economics movement.

When Law Calls, Does Science Answer? A Survey of Distinguished Scientists & Engineers

Daedalus ◽  
2018 ◽  
Vol 147 (4) ◽  
pp. 41-60
Author(s):  
Shari Seidman Diamond ◽  
Richard O. Lempert
Keyword(s):  
Decision Making ◽  
American Academy ◽  
Legal System ◽  
Legal Decision ◽  
Legal Decision Making ◽  
Scientists And Engineers ◽  
Legal Procedures

Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation's most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant expertise. Dissatisfaction with legal procedures is also a deterrent, but our respondents indicated that some procedural changes would make their participation more likely. In addition, participation appears to be associated with a greater belief in the ability of the legal system to deal well with scientific matters.

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