Kritik Interpretasi Otoritatif: Studi Hermeneutika Khaled M. Abou El-Fadl

2021 ◽  
Vol 7 (1) ◽  
pp. 15-32
Author(s):  
Hanik Rosyida
Keyword(s):  
Social Problems ◽  
Islamic Law ◽  
Intellectual Context ◽  
Textual Meaning ◽  
Muslim Scholars

Interpretation on the Qur’an has faced stagnation for using textual paradigm in exploring the meaning of the Qur’an. Since then, the developing social problems can’t find the solutions from the Qur’an, even those are forced to apply the meaning of the Qur’an interpreted in classical context. In contemporary era, there is shifting paradigm in interpretation, which is not merely focused on textual meaning, but has started to seek for textual meaning of the Qur’an by using hermeneutics. However, a number of theories on hermeneutics show their subjectivism in relation with the ideas developed by contemporary Muslim scholars. This comes from their distinguished social and intellectual conditions, especially their concern in looking at their surrounding condition. Most of scholars in hermeneutics offered new theories focused on method of interpretation. Here, Khaled M. Abou El Fadl, an exponent on hermeneutics, offered his hermeneutical thought in criticizing the concept of authority in interpreting the Qur’an. This study aims to explain the ideas of Khaled M. Abou El Fadl in Hermeneutics and Islamic Law, his social and intellectual context as the background of his idea.

Hakim Perempuan Dalam Perspektif Hukum Islam Dan Hukum Positif Indonesia

AKADEMIKA ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 21-32
Author(s):  
Muhammad Aziz
Keyword(s):  
Public Sphere ◽  
Social Problems ◽  
Islamic Law ◽  
Judicial Power ◽  
The Public ◽  
Positive Law ◽  
Points Of View ◽  
The Public Sphere ◽  
Religious Courts ◽  
Muslim Scholars

The judicial institution in a country is very strategic and decisive one for being used to resolve all public disputes and punish those who violate the law in accordance with the emering rules. This judicial institution is needed in an effort to answer and solve all social problems along with the development and the dynamics in the community. A judge is an authority aimed at resolving the various conflicts and creating justice for the community, and judges are leading actors in solving the problems. Therefore judges in acting and taking decisions must be based on so-called ijtihad. The phenomenon of women's involvement as judges in administering judicial power in the Religious Courts has undergone several phases of change. This condition is strongly influenced by the striking discrepancy of fiqh viewpoints about the religious (syar'i) legality  in looking at women in the public sphere, especially in the judiciary. One of the reasons of Muslim scholars in questioning the female judges is due to their duties and responsibilities. On this stand, the Muslim scholars, thingkers and mujtahid have their own points of view that are different from one another. This refusal does not mean ignoring the judicial institution, but rather they consider it fardhu kifayah. Therefore, what is to be revealed in this study is the Islamic law and Indonesian positive law perspectives about female judges. This study concludes that the study of female judges in the perspectives of Islamic law is polarized on several permitting and prohibiting poles and the ones permitting women to serve as judges are only in their involvement in civil cases not in criminal ones. While based on the perspective of Indonesian positive law the female judges are a must in the legal treasures in Indonesia

Islam and War: Tradition versus Modernity

2010 ◽  
Vol 4 (1-2) ◽  
pp. 181-212
Author(s):  
Joseph S Spoerl
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Classical Scholar ◽  
Law Of War ◽  
Critical Method ◽  
Entire World ◽  
Modernist Project ◽  
Early Islamic ◽  
Muslim Scholars

Islamic thinking on war divides roughly into two main schools, classical and modern. The classical (or medieval) view commands offensive war to spread Islamic rule ultimately across the entire world. The modernist view, predominant since the nineteenth century, limits war to defensive aims only. This paper compares the views of two important Muslim scholars, the classical scholar Ibn Ishaq (d. 767) and the modernist scholar Mahmud Shaltut (d. 1963). This comparison reveals that the modernist project of rethinking the Islamic law of war is a promising though as-yet-unfinished project that can benefit from the insights of Western scholars applying the historical-critical method to the study of early Islamic sources.

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.

ḤUDŪDPUNISHMENTS IN THE FOREFRONT: APPLICATION OF ISLAMIC CRIMINAL LAW BY HARAKAT AL-SHABAAB AL-MUJAHIDEEN

2014 ◽  
Vol 29 (2) ◽  
pp. 317-329 ◽  
Author(s):  
Michael Skjelderup
Keyword(s):  
Criminal Law ◽  
Current Practice ◽  
Islamic Law ◽  
State Power ◽  
Muslim World ◽  
Terrorist Group ◽  
Islamic State ◽  
Law And Order ◽  
State Institutions ◽  
Muslim Scholars

AbstractHarakat al-Shabaab al-Mujahideen, usually referred to as al-Shabaab (the youth), is known primarily as a Somali terrorist group. But since the end of 2008, it has functioned as a state power in large parts of Southern and Central Somalia. In this article, I analyze the main legal body of the group: theqāḍīcourt. In order to establish law and order in their territories, al-Shabaab has applied their own version ofsharī'a. The article reveals that al-Shabaab's application of criminal law follows the inherent logic of classical Islamic legal doctrines on several points. However, the al-Shabaab courts tend to overlook many of the strict requirements regarding evidence and procedure that were outlined by the medieval Muslim scholars in order to humanize Islamic law. Therefore, the legal reality of al-Shabaab's regime is far more brutal than that of most other Islamic-inspired regimes in the contemporary Muslim world. Al-Shabaab's practice of Islamic criminal law may be seen not only as a means to exercise control through fear but also as an effective way of filling the vacuum of insecurity and instability that has followed twenty years of violence and the absence of state institutions in its territories. I argue that, in order to understand al-Shabaab's current practice of criminal law, one has to take into consideration the group's jihadi-Salafi affiliation. According to Salafi notions,sharī'ais not only a means to an end, but an end in itself. As such,sharī'a(i.e., God's divine law) is the visual symbol of an Islamic state. Consequently, the application of Islamic criminal law, and especially of theḥudūdpunishments, provides al-Shabaab with political-religious legitimacy.

The Invitation to Treat and Mu`atah in Online Contracts

2009 ◽  
Vol 26 (2) ◽  
pp. 79-101
Author(s):  
Siti Salwani Razali
Keyword(s):  
Islamic Law ◽  
Common Law ◽  
Critical Issues ◽  
Muslim Scholars

When dealing with an offer, it is crucial to determine whether a “statement” amounts to an “offer” or a mere “invitation to treat.” Even though “offer” and “acceptance” are among the basic elements of any binding contract, both [English] common law and Islamic law have their own views on what constitutes an invitation to treat. This paper focuses on the invitation to treat and mu`atah as specified in Islamic law. The following points will be discussed: (1) how the invitation to treat can be considered a valid contract, although common law has ruled it invalid because a mere invitation to treat does not constitute an offer; (2) a comparison of their differences in the context of online or cyber transactions. Several Qur’anic verses, hadiths, and opinions from Muslim and non-Muslim scholars will be presented, and specific cases will be referenced; and (3) providing a better understanding of both principles and an analysis of some critical issues, especially with regard to the invitation to treat.

‘Ulama’

2015 ◽  
Author(s):  
Muhammad Qasim Zaman
Keyword(s):  
Islamic Law ◽  
Modern World ◽  
Muslim Scholars

This chapter discusses the origin and development of the term ‘ulama.’ The Arabic term ‘ulamā’ refers to Muslim scholars specializing in the Islamic religious sciences. A number of other terms are often used to characterize the particular focus of a scholar's work, among them muṭaddith (concerned with the study of the hadith reports attributed to the Prophet Muhammad), mufassir (an exegete of the Qur'an), and faqīh and mufti (a scholar of Islamic law and a jurisconsult, respectively). The term “‘ulama’” is often understood to encompass these somewhat narrower categories. The boundaries between “religious” and “secular” learning were less clearly delineated in premodern Islam than they have been in the modern world. Those recognized as ‘ulama’ sometimes made significant contributions to fields of knowledge lying well beyond the aforementioned areas.

Evolution of Islamic Law in the 20th Century: The Conception of Collective Ijtihād in the Debate Between Muslim Scholars

2020 ◽  
Vol 9 (1) ◽  
pp. 157-178
Author(s):  
Ahmed Gad Makhlouf
Keyword(s):  
20Th Century ◽  
Islamic Law ◽  
Legal Reasoning ◽  
Methodological Framework ◽  
Modern Life ◽  
Probative Value ◽  
Technical Work ◽  
New Instrument ◽  
Muslim Scholars

Abstract In order to meet the demands of modern life and its complexities, Muslim scholars developed in the 20th century a new instrument of Islamic legal finding, namely al-ijtihād al-jamāʿī [collective independent legal reasoning (ijtihād)]. The latter serves at present as a basis for the technical work within various institutions of contemporary Islamic law, in particular the fiqh academies. This article examines collective ijtihād as a newly developed concept of modern Islamic Law. By focusing on discussions among contemporary Muslim scholars about this concept, I aim to outline certain theoretical characteristics and a methodological framework for collective ijtihād. Furthermore, this article describes positions taken by Muslim scholars concerning the legitimacy and the probative value (ḥujjiyya) of collective ijtihād.

scholarly journals ISU ISLAMISASI ILMU PENGETAHUAN DALAM PEMIKIRAN MUHAMMAD MUMTAZ ALI

2020 ◽  
Vol 1 (02) ◽  
Author(s):  
Heru Saiful Anwar ◽  
Safiruddin Al Baqi
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Western Thought ◽  
Other Hand ◽  
The One ◽  
Muslim Scholars

Muslim scholars or scientists are currently faced with a dilemma of thought and actions in responding to the challenges of the globalization. On the one hand, the onslaught of western thought such as secularism and liberalism is very strong, while on the other hand they must maintain the principles of Islamic law. So that their actions do not come out of Islamic law, it is very important for Muslim scientists to understand the concept of Islamization of Science. The figure who initiated this thought was Prof. Syed Muhammad Naquib al-Attas who then continues until now, one of them is Muhammad Mumtaz Ali. Muhammad Mumtaz Ali's works related to the Islamization of Science emphasize the importance of prioritizing the Islamization of science for Muslim scientists. The spirit of Islamization must continue to be strengthened for the advancement of Muslims. The vision and mission of the Islamization of Science will be difficult to achieve if Muslims are not united to achieve it. All Muslim scientists in various fields of knowledge are expected to understand Islamic law well, so that the knowledge they spread will not conflict with the rules of Allah SWT.

scholarly journals اقبال اور اجماع

2017 ◽  
pp. 13-20
Author(s):  
Dr. Muhammad Waseem Anjum
Keyword(s):  
Islamic Law ◽  
Research Paper ◽  
Muslim Community ◽  
Technical Problems ◽  
Muslim Scholar ◽  
Islamic Jurisprudence ◽  
Muslim Scholars

Ijma’ means consensus in Islamic law, the universal and infallible agreement of either the Muslim community as a whole or Muslim scholars in particular. Iqbal—a great Urdu and Persian poet and Muslim scholar—urges the need of Ijma’ in Islamic jurisprudence, uṣūl al-fiqh. In this research paper, the scholar has given a detailed illustration on the importance of Ijma’, its usefulness, technical problems and definition in the light of the thoughts of Allama Iqbal.

scholarly journals PEMBINAAN KELUARGA SEJAHTERA: ANALISIS TERHADAP PRINSIP ‘KELUARGA BAHAGIA RAKYAT SEJAHTERA’ DALAM TRANSFORMASI TERENGGANU BAHARU[BUILDING A HAPPY FAMILY: AN ANALYSIS OF THE ‘HAPPY FAMILY HAPPY NATION’ PRINCIPLE IN NEW TERENGGANU TRANSFORMATION]

2017 ◽  
Vol 2 (2) ◽  
pp. 306
Author(s):  
Wan Mohd Yusuf Wan Chik ◽  
Abdul Wahab Md. Ali ◽  
Zulkifli Mohamad ◽  
Ahmad Faizal Ramly ◽  
Farah Syazrah Mohd Ghazalli
Keyword(s):  
Social Problems ◽  
Strategic Knowledge ◽  
Family Needs ◽  
The Real ◽  
The Family ◽  
Premarital Preparation ◽  
Special Programs ◽  
The Government ◽  
Happy Family ◽  
Muslim Scholars

A happy family needs to possess a balance between its interior and exterior needs. Such criteria for wellness in the family are also discernable from the voluminous writings of Muslim scholars. However, the reality is, Muslim families nowadays are facing great challenges which have caused moral disintegration, social problems and chaotic economic situations. The government of Terengganu under the “Happy Family Happy Nation” principle in its New Terengganu Transformation initiative has launched 10 special programs to address these challenges. This study aims to analyse the effectiveness of the programs in promoting the wellbeing of families. This paper also offers suggestions for the betterment of the programs, in accordance with the real needs for a happy family. This paper concludes that the programs have partially fulfilled the requirements needed for creating a happy family. Nevertheless, there are several shortcomings that need to be attended to from time to time especially in terms of strategic knowledge, worship, premarital preparation and transportation. Keywords: Family, happiness, Malaysia, New Terengganu Transformation, peacefulness.Cite as: Wan Chik, W.M.Y, Md. Ali, A.W., Mohamad, Z., Ramly, A.F., Mohd Ghazalli, F.S. (2017). Pembinaan keluarga sejahtera: Analisis terhadap prinsip ‘Keluarga Bahagia Rakyat Sejahtera’ dalam transformasi Terengganu baharu [Building a happy family: An analysis of the ‘Happy Family Happy Nation’ principle in new Terengganu transformation]. Journal of Nusantara Studies, 2(2), 306-318. AbstrakSebuah keluarga yang sejahtera perlu memiliki keseimbangan antara dalaman dan luaran. Kriteria sebuah keluarga yang sejahtera ini boleh difahami menerusi penulisan para ilmuwan Islam di dalam kitab-kitab mereka. Realitinya, keluarga Islam masa kini sedang menghadapi ancaman yang cukup besar sehingga boleh membawa kepada keruntuhan akhlak, sosial dan ekonomi. Atas kesedaran ini, kerajaan negeri Terengganu melalui Transformasi Terengganu Baharu (TTB) telah melancarkan sepuluh program khas di bawah prinsip ‘Keluarga Bahagia Rakyat Sejahtera’. Justeru, kajian ini menganalisis program-program yang telah diperkenalkan di bawah prinsip tersebut dari sudut sejauhmana ia membantu dalam pembinaan keluarga sejahtera. Beberapa cadangan dan penambahbaikan turut dilontarkan bersesuaian dengan keperluan sebenar sebuah keluarga yang sejahtera. Kesimpulannya, berasaskan program-program yang dilancarkan di bawah prinsip tersebut, ia dilihat memenuhi sebahagian keperluan yang perlu dimiliki dalam sebuah keluarga sejahtera. Pun begitu, masih terdapat beberapa kelompangan yang perlu diperbaiki dari semasa ke semasa terutamanya berhubung elemen ilmu, ibadah, persiapan sebelum perkahwinan dan pengangkutan.Kata Kunci: Keluarga, kesejahteraan, kegembiraan, Malaysia, Transformasi Terengganu Baharu

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