SAYYID ABUL AÑLÓ MAWDÕDÔ’S VIEWS ON IJTIHÓD AND THEIR RELEVANCE TO THE CONTEMPORARY MUSLIM SOCIETY

2010 ◽  
Vol 6 (2) ◽  
pp. 121
Author(s):  
Munawar Haque
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Aspect ◽  
Academic Research ◽  
Spiritual Leadership ◽  
Legislative Process ◽  
Islamic Revival ◽  
Muslim Society ◽  
The One ◽  
Political Economic

Abstract  The purpose of this article is to explore the views of Sayyid Abul AÑlÉ MawdËdÊ[1] on ijtihÉd.[2] It intends to trace the origins of MawdËdÊ’s ideas within the social, cultural and political context of his time, especially the increasing influence of modernity in the Muslim world.  The study will show that MawdËdÊ’s understanding of ijtihÉd and its scope demonstrates originality.  For MawdËdÊ, ijtihÉd is the concept, the process, as well as the mechanism by which the SharÊÑah,[3] as elaborated in the Qur’Én and the Sunnah[4] is to be interpreted, developed and kept alive in line with the intellectual, political, economic, legal, technological and moral development of society.  The notion of ijtihÉd adopted by MawdËdÊ transcends the confines of Fiqh[5] (jurisprudence) and tends therefore to unleash the dormant faculties of the Muslim mind to excel in all segments of life.   [1] Sayyid Abul AÑlÉ MawdËdÊ was born on September 25, 1903 in Awrangabad, a town in the present Maharashtra state of India in a deeply religious family.  His ancestry on the paternal side is traced back to the Holy Prophet (peace be upon him).  The family had a long-standing tradition of spiritual leadership, for a number of MawdËdÊ’s ancestors were outstanding leaders of ØËfÊ Orders.  One of the luminaries among them, the one from whom he derives his family name, was KhawÉjah QuÏb al-DÊn MawdËd (d. 527 AH), a renowned leader of the ChishtÊ ØËfÊ Order. MawdËdÊ died on September 22, 1979. See Khurshid Ahmad and Zafar Ishaq Ansari, “MawlÉnÉ Sayyid Abul AÑlÉ MawdËdÊ: An Introduction to His Vision of Islam and Islamic Revival,”, in Khurshd Ahmad and Zafar Ishaq Ansari (eds.) Islamic Perspectives: Studies in Honour of MawlÉnÉ Sayyid Abul A’lÉ MawdËdÊ,  (Leicester: The Islamic Foundation,1979), 360. [2]  In Islamic legal thought, ijtihÉd is understood as the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue.  However, its scope is not confined only to legal aspect of Muslim society.  MawdËdÊ’s concept of ijtihÉd is defined as the legislative process that makes the legal system of Islam dynamic and makes its development and evolution in the changing circumstances possible.  This results from a particular type of academic research and intellectual effort, which in the terminology of Islam is called ijtihÉd.  The purpose and object of ijtihÉd is not to replace the Divine law by man made law.  Its real object is to properly understand the Supreme law and to impart dynamism to the legal system of Islam by keeping it in conformity with the fundamental guidance of the SharÊÑah and abreast of the ever-changing conditions of the world.  See Sayyid Abul AÑlÉ MawdËdÊ, The Islamic Law and Constitution, translated and edited by Khurshid Ahmad, (Lahore: Islamic Publications Ltd, 1983), 76.[3] SharÊÑah refers to the sum total of Islamic laws and guidance, which were revealed to the Prophet MuÍammad (peace be upon him), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah). See Muhammad ShalabÊ, al-Madkhal fÊ at-TaÑ’rÊf  b alil-Fiqh al-IslÉmÊ, (Beirut: n.p., 1968),.28.[4]Sunnah is the way of life of the Prophet (peace be upon him), consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one.[5]  Originally Fiqh referred to deliberations related to one’s reasoned opinion, ra’y.  Later the expression Fiqh evolved to mean jurisprudence covering every aspect of Islam.  It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of Fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The methodology of ijtihÉd, (Delhi: Adam Publishers & Distributors, 1996), 20-22.

scholarly journals SADD AL-DZARI’AH:KORELASI DAN PENERAPANNYA DALAM HUKUM EKONOMI SYARIAH

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Rukhul Amin
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Civil Code ◽  
Bankruptcy Law ◽  
Legal Instrument ◽  
The People ◽  
National Legal System ◽  
The One

This paper describes the importance of sad al-dzari'ah in determining Islamic law, especially in relation to the business-economy world which tends to be dynamic. Sadd al-dzari'ah is a legal instrument in Islam that is good if it is applied properly, in accordance with the rules of syara '. It can be a tool that can be used to create the benefit of the people and prevent it from being damaged. One example that can be seen in seeing the importance of sadd al-dzariah in the national legal system is the application of the actio paulina principle, the regulations of which can be found in Articles 1341 and 1061 of the Civil Code and Articles 41 to 47 of the bankruptcy law. However, as it plays a very important role in the search for law, on the one hand sadd al-dzari'ah can also be something negative. This can happen if the use or application is not / not done carefully, especially if it is not based on broad social piety in the community. Keyword: Sadd/Fath al-Dzari’ah, Maqashid al-Syariah, Actio Paulina

scholarly journals LEGISLASI HUKUM EKONOMI SYARIAH: STUDI TENTANG PRODUK REGULASI HUKUM EKONOMI SYARIAH DI INDONESIA

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Panji Adam
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
System Component ◽  
Legislative Process ◽  
Significant Development ◽  
Legal Norms ◽  
Economic Law ◽  
Islamic Economic ◽  
Islamic Values ◽  
Law Regulation

ABSTRAK Legislasi adalah proses yang berlangsung di lembaga legislatif, yakni pembuatan dan pengundangan peraturan perundang-undangan. Materi hukum Islam dapat menjadi muatan dalam proses legislasi melalui mekanisme positivisasi. Salah satu sub bidang dalam kajian hukum Islam adalah hukum ekonomi syariah. Hukum ekonomi syariah merupakan subsistem dalam sistem hukum Islam yang dari waktu ke waktu mengalami perkembangan yang cukup signifikan. Oleh karena itu perlu adanya positivisasi hukum melalui upaya legislasi hukum. Tujuan penelitian ini pertama untuk mengetahui kedudukan hukum ekonomi syariah menurut konsep sistem hukum; kedua, untuk mengetahu produk regulasi hukum ekonomi syariah apa sajakah yang bersumber dari norma hukum Islam. Hasil penelitian menunjukan bahwa, pertama, komponen sistem hukum terdiri atas 3 unsur, yaitu struktur, substansi dan budaya hukum. Kedudukan hukum ekonomi syariah dalam ketiga sistem hukum tersebut sudah teraplikasikan. Hal ini dapat dilihat dari banyaknya lembaga-lembaga atau pranata-pranata ekonomi yang berbasiskan nilai-nilai syariah. Terdapat beberapa regulasi dibidang hukum ekonomi syariah yang telah dibuat oleh lembaga legislatif yang bersumber dari norma-norma hukum Islam; kedua, produk-produk regulasi dibidang hukum ekonomi syariah yang bersumber dari noma-norma hukum Islam antara lain adalah sebagai berikut: (1) UU No. 23 Tahun 2011 tentang Pengelolaan Zakat; (2) UU No. 41 Tahun 2004 tentang Wakaf; (3) UU No. 19 Tahun 2008 tentang Surat berharga Syariah Negara; dan (4) UU No. 21 Tahun 2008 tentang Perbankan Syariah.  Kata Kunci: Legislasi, Hukum Ekonomi Syariah, Regulasi   ABSTRACT Legislation is the process that takes place in the legislature, namely the making and enactment of laws and regulations. Islamic legal material can be the content of the legislative process through the positivisation mechanism. One sub-field in the study of Islamic law is sharia economic law. Sharia economic law is a subsystem in the Islamic legal system that from time to time experiences significant development. Therefore, it is necessary to have legal positivisation through legal legislation efforts. The purpose of this study is first to determine the position of sharia economic law according to the concept of the legal system; secondly, to find out what products of Islamic economic law regulation derive from Islamic legal norms. The results of the study show that, first, the legal system component consists of 3 elements, namely the structure, substance and culture of law. The position of Islamic economic law in the three legal systems has been applied. This can be seen from the number of economic institutions or institutions based on Islamic values. There are several regulations in the field of sharia economic law that have been made by the legislature which are derived from Islamic legal norms; second, regulatory products in the field of Islamic economic law derived from Islamic legal norms include the following: (1) Law No. 23 of 2011 concerning the Management of Zakat; (2) Law No. 41 of 2004 concerning Waqf; (3) Law No. 19 of 2008 concerning State Sharia Securities; and (4) Law No. 21 of 2008 concerning Islamic Banking. Keyword: Legislation, Sharia Economic Law, Regulation  

scholarly journals Forensic Psychiatry in Islamic Jurisprudence

2002 ◽  
Vol 19 (3) ◽  
pp. 111-114
Author(s):  
Amber Haque
Keyword(s):  
Legal System ◽  
Forensic Psychiatry ◽  
Islamic Law ◽  
Short Account ◽  
Islamic Perspective ◽  
Legal Traditions ◽  
Legal Perspective ◽  
Islamic Countries ◽  
The One ◽  
Legal Judgments

Forensic psychiatry deals with mental illness from a legal perspective. The term forensic is derived from the Roman word forum, a meeting place where legal judgments were made on cases of a legal nature. In a sense, that ancient forum has become the modern legislature and courtroom. The forensic psychiatrist is not only a physician, but one who enters the house of law trying to protect the interest of society as a whole. There are many books on this subject, but the one under review claims to be the first to deal with forensic psychiatry from an Islamic perspective. The author, Kutaiba Chaleby, is a Distinguished Fellow of the American Psychiatric Association (APA) and has worked in the clinical, academic, and administrative settings for many years in both Muslim and non-Muslim countries. In the introduction, Chaleby points out that the legal system in most Islamic countries is derived from British or other European legal traditions as a result of colonialism, except in matters of personal status, family rela­tionship, and inheritance laws. However, he contends that this scenario is changing, as many Islamic countries are now trying to use Islamic law in their courts. Saudi Arabia is an exception, since it was never influenced by any type of western legal system and uses the Shari'ah in all legal matters, including forensic cases. While forensic psychiatry, as such, does not exist in Islamic literature, its major issues of concern have been addressed by Muslim scholars over the years. The present work is intended as a basic guide for psychiatrists to make decisions on forensic cases from an Islamic perspective. The author also hopes to "illuminate" the thinking and practice of modern secular forensic psychiatrists. A short account of Islamic law covering the ...

Political Islam in an Ethnic Jewish State: Historical Evolution, Contemporary Challenges and Future Prospects

2004 ◽  
Vol 3 (1) ◽  
pp. 69-92 ◽  
Author(s):  
Nohad ‘Ali
Keyword(s):  
Historical Evolution ◽  
Jewish State ◽  
Islamic Revival ◽  
Islamic Movement ◽  
Revival Movements ◽  
Phases Of Development ◽  
Two Phases ◽  
The One ◽  
Five Phases ◽  
Islamic Revivalism

This paper argues that, although the shared and universal ideology of the Islamic revival movements was adopted by the Islamic movement in Israel, the movement has been trying to embody it in diverse and distinctive ways. In principle there is a conflict between commitment to the principle of Islamic revivalism on the one hand, and being so committed in the specific context of the ethnic Jewish state, on the other. The Jewish context of the State of Israel continues to bedevil the development of the Islamic movement in Israel. Since the 1930s, Islamic revivalism in Palestine has undergone five phases of development: the Egyptian, Israeli, Palestinian, and the two phases of ‘adaptation’ and ‘post-adaptation’. These phases reflect ideological developments, rather than simply a historical evolution. They are also the outcome of three sets of constraints: structural, ideological and domestic.

Researching (with) Major Food Retailers

2015 ◽  
Vol 15 (3) ◽  
pp. 33-39 ◽  
Author(s):  
David Evans
Keyword(s):  
Food Systems ◽  
Academic Research ◽  
Social Scientists ◽  
Major Food ◽  
Food Retailers ◽  
Food Retailer ◽  
The One ◽  
The Uk ◽  
The Relationship ◽  
Opening Up

This paper considers the relationship between social science and the food industry, and it suggests that collaboration can be intellectually productive and morally rewarding. It explores the middle ground that exists between paid consultancy models of collaboration on the one hand and a principled stance of nonengagement on the other. Drawing on recent experiences of researching with a major food retailer in the UK, I discuss the ways in which collaborating with retailers can open up opportunities for accessing data that might not otherwise be available to social scientists. Additionally, I put forward the argument that researchers with an interest in the sustainability—ecological or otherwise—of food systems, especially those of a critical persuasion, ought to be empirically engaging with food businesses. I suggest that this is important in terms of generating better understandings of the objectionable arrangements that they seek to critique, and in terms of opening up conduits through which to affect positive changes. Cutting across these points is the claim that while resistance to commercial engagement might be misguided, it is nevertheless important to acknowledge the power-geometries of collaboration and to find ways of leveling and/or leveraging them. To conclude, I suggest that universities have an important institutional role to play in defining the terms of engagement as well as maintaining the boundaries between scholarship and consultancy—a line that can otherwise become quite fuzzy when the worlds of commerce and academic research collide.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA

2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro
Keyword(s):  
Significant Influence ◽  
Islamic Law ◽  
Muslim Community ◽  
Muslim Society ◽  
The Law

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

Muslims, Islamic Law, and the Sociopolitical Reality in the United States

2000 ◽  
Vol 17 (2) ◽  
pp. 1-28
Author(s):  
Sherman A. Jackson
Keyword(s):  
Islamic Law ◽  
The United States ◽  
The Other ◽  
Double Consciousness ◽  
American Muslims ◽  
Way Of Life ◽  
Subjective Responses ◽  
Self Image ◽  
The One ◽  
Politics And Law

Native born African-American Muslims and the Immigrant Muslimcommunity foxms two important groups within the American Muslimcommunity. Whereas the sociopolitical reality is objectively the samefor both groups, their subjective responses are quite different. Both arevulnerable to a “double Consciousness,” i.e., an independently subjectiveconsciousness, as well as seeing oneself through the eyes of theother, thus reducing one’s self-image to an object of other’s contempt.Between the confines of culture, politics, and law on the one hand andthe “Islam as a way of life” on the other, Muslims must express theircultural genius and consciously discover linkages within the diverseMuslim community to avoid the threat of double consciousness.

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