scholarly journals HIBAH IN THE ADMINISTRATION OF ISLAMIC PROPERTY: IJTIHADI ELEMENTS AND REALITY IN MALAYSIA

2019 ◽  
Vol 10 ◽  
pp. 103-119
Author(s):  
Alias Azhar ◽  
Mohd Zakhiri Md.Nor
Keyword(s):  
Islamic Law ◽  
Way Of Life ◽  
Rules And Principles ◽  
Concept Application ◽  
The Absolute ◽  
Inter Vivos

A guarantee of successful life in this world and the hereafter would be achieved if Muslims live according to Islamic principles and teachings. Property and power that are entrusted to men by Allah SWT ought to be judiciously administered based on Islamic precepts. In brief, the administration of Islamic property aims to achieve hasanah (goodness) not only here but also the hereafter. Islam, as a complete way of life, has outlined the absolute guidance on property administration through a systematic law, i.e. the Islamic law of inheritance by means of wasiat (will), hibah (gift inter vivos) and waqf (charity). This article focused on the instrument of hibah under the administration of Islamic property and this includes comparisons of its principles and the reality of its application in Malaysia. Hibah is an element of the distribution of assets as drawn under the Islamic concept of managing property. Its concept, application and implementation need to be intensely understood. It has been occasionally observed that disputes would take place after the demise of the donor (the person who had exercised hibah) which complicates the distribution of the assets. Therefore, if this instrument is exercised differ entry between institutions but effectively and cautiously in line with the Islamic rules and principles, the rights of those entitled would be certainly safeguarded.

Isolasi Sosio-Budaya Masyarakat Orang Asli di Malaysia dan Kesannya Terhadap Pentafsiran Hukum Islam

2020 ◽  
Vol 21 (1) ◽  
pp. 1-20
Author(s):  
Paiz Hassan ◽  
Mohd Anuar Ramli
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Islamic Law ◽  
Way Of Life ◽  
Low Literacy ◽  
Orang Asli ◽  
Library Research ◽  
Local Background ◽  
Negative Perceptions ◽  
Closed Door

Majority of the indigenous people who are the original inhabitants in Malaysia inhibit the remote area of tropical forest which is rich in natural resources. Their lives are separated from the outside community due to several factors such as geography, low literacy, negative perceptions of the surrounding community, and the closed-door attitude of the indigenous people. Consistent preaching activities have changed the faith of the indigenous people from animism orientation towards believing in the Oneness of God. The practice of Islam as a way of life in the lives of indigenous peoples is found to be difficult to practice because the fiqh approach presented to them does not celebrate their local condition. In this regard, this study will examine the socio-cultural isolation of indigenous peoples and their impact on the interpretation of Islamic law. To achieve this objective, the researchers have applied the library research method by referring to the literatures related to the discussion of Islamic scholars in various disciplines of fiqh and usūl al-fiqh. The research found that there is rukhsah and taysir approach given to isolated people as well as with local background to facilitate the religious affairs of the indigenous people. Abstrak Majoriti masyarakat Orang Asli yang merupakan penduduk asal di semenanjung Malaysia mendiami kawasan pedalaman di hutan hujan tropika yang kaya dengan khazanah alam. Kehidupan mereka terasing daripada masyarakat luar disebabkan beberapa faktor seperti geografi, kadar literasi yang rendah, pandangan negatif masyarakat sekitar dan sikap tertutup masyarakat Orang Asli. Gerakan dakwah yang dijalankan secara konsisten telah membawa perubahan kepercayaan sebahagian masyarakat Orang Asli daripada berorientasikan animisme kepada mempercayai Tuhan yang Esa. Pengamalan Islam sebagai cara hidup dalam kehidupan masyarakat Orang Asli didapati agak sukar untuk dipraktikkan lantaran pendekatan fiqh yang disampaikan kepada mereka tidak meraikan suasana setempat mereka. Sehubungan itu, kajian ini akan meneliti keadaan isolasi sosio-budaya masyarakat Orang Asli dan kesannya terhadap pentafsiran hukum Islam. Bagi mencapai objektif tersebut, pengkaji menggunakan kajian kepustakaan sepenuhnya dengan menelusuri literatur berkaitan dengan perbincangan sarjana Islam dalam pelbagai disiplin ilmu fiqh dan usul fiqh. Hasil kajian mendapati terdapat rukhsah dan pendekatan taysir diberikan kepada mereka yang hidup terasing serta berlatar belakang budaya setempat bagi memudahkan urusan keagamaan masyarakat Orang Asli.

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.

Islamic Awakening and Its Role in Islamic Solidarity in Malaysia

2018 ◽  
Vol 29 (1) ◽  
pp. 98-125
Author(s):  
Saodah Abd. Rahman ◽  
Abu Sadat Nurallah
Keyword(s):  
Islamic Law ◽  
Evolutionary Process ◽  
Political Stability ◽  
Well Being ◽  
Islamic Education ◽  
Insurance Companies ◽  
Islamic Banking ◽  
Way Of Life ◽  
Youth Movement ◽  
Islamic Parties

The Islamic Awakening in Malaysia has brought about the consciousness of adopting and practicing the Islamic way of life. The process of implementing the principles of Islam is based on a gradual evolutionary process, rather than a drastic approach. Therefore, the selective implementation of Islamic law has been carried out relatively smoothly. For that reason, various institutions have been established ‒ such as, Islamic universities, Islamic banking and insurance companies, and other Islamic organizations and institutions. The case studies in this article related to Malaysia are: The Pan-Malaysian Islamic Party (PAS), Angkatan Belia Islam Malaysia – ABIM (Malaysian Islamic Youth Movement), and some Islamic institutions, which play important roles in the Islamic Awakening and solidarity in Malaysia. The PAS and ABIM are the prominent Islamic parties and movements, respectively, which can be regarded as the driving force behind the Islamic Awakening in Malaysia. Based on a tridimensional perspective ‒ that is, socioeconomic well-being and the strength of the expansion of Islamic education, and political stability ‒ this study highlights the accomplishment of Islamic Awakening in Malaysia.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

Part VII International Securities, Including Markets and Clearing Systems, 24 Islamic Capital Markets

2021 ◽  
Author(s):  
Casey Peter
Keyword(s):  
United Arab Emirates ◽  
Legal Reasoning ◽  
Primary Sources ◽  
Islamic Finance ◽  
Way Of Life ◽  
Financial Contracts ◽  
Colonial Era ◽  
Secondary Sources ◽  
Islamic Bank ◽  
Rules And Principles

This chapter focuses on Islamic finance, which refers to financial activities conducted through a variety of financial contracts that comply with Shar?ah rules and principles as derived from primary and secondary sources. It explains the primary sources are the Quran, the Holy Book of the Muslims, and the Sunnah, the way of life prescribed as normative in Islam. It also mentions the secondary sources, which refer to the conclusions of legal reasoning by approved techniques and competent scholars. This chapter discusses modern Islamic finance, which can be seen as a product of the end of the colonial era. It notes that the first Islamic bank, a savings association, was established in Egypt in 1961 and the first modern commercial Islamic bank, Dubai Islamic Bank, was established in the United Arab Emirates in 1975.

scholarly journals PEMBELAJARAN FIQIH SEBAGAI MATA KULIAH WAJIB PADA PERGURUAN TINGGI KEAGAMAAN ISLAM

2019 ◽  
Vol 6 (2) ◽  
pp. 142
Author(s):  
Maimunah Maimunah
Keyword(s):  
Religious Education ◽  
Islamic Law ◽  
National Standard ◽  
Way Of Life ◽  
Human Actions ◽  
Student Centered ◽  
Student Centered Learning ◽  
Tertiary Institutions ◽  
Private And Public ◽  
Religious Colleges

The existence of FIQH as the main subject at each PTAI both private and public taught to students has a good purpose for scientific understanding of Islamic law. Learning FIQH has a progressive urgency that is taught science to students so that students are able to understand the basic Islamic law relating to human actions that are categorized as adults. Learning in Islamic religious colleges can choose and implement one or several variants of the integration relationship. The learning is based on Permenristedikti 44/2015 related to SNPT / national standard of higher education. Learning also has an interactive specificity, which occurs between students and lecturers. In interaction, of course, focus on students (Student Centered Learning) so that changes occur experienced by students into the cognitive realm, namely the ability to relate to knowledge, thoughts, and then the ability to prioritize feelings or known as affective terms. Fiqh is defined as a knowledge of Islamic law formulated by Islamic jurists (mujtahid) through the process of reasoning on the verses of the Qur'an and the hadith texts relating to human actions that are intelligent and mature. In the context of fiqh discussion here, fiqh in question is one of the Islamic Religious Education (PAI) courses relating to law, rules and procedures of worship to Allah SWT taught in tertiary institutions. In this case, fiqh is also one part of Islamic Religious Education courses that is directed to prepare students to recognize, understand, live and practice Islamic law which then becomes the basis of their way of life through guidance, teaching, exercise of use, practice and habituation

scholarly journals The importance of Hadith and Sunnah in Islamic way of life: A research review

2020 ◽  
Vol 03 (01) ◽  
Author(s):  
Naseem Akhtar ◽  
Husn Ara ◽  
Abdul Haleem Abid
Keyword(s):  
Islamic Law ◽  
Research Paper ◽  
Research Review ◽  
Secondary Source ◽  
Way Of Life ◽  
Central Figure ◽  
Holy Quran ◽  
The Holy Quran ◽  
Religious Problems ◽  
The Way

Muslim Ummah agrees that correct and authentic Ahadith are building over all the Muslims. Several verses of the Holy Quran commands sincere obedience of the Holy Prophet (peace be upon him) is obligatory and is a religious duty of a Muslim. The way of the obedience of the Holy Prophet (peace be upon him) is to follow his footsteps and his teachings. His correct Ahadith should be referred in resolving all sort of religious problems and his authentic Ahadith are secondary source of Islamic law after the Holy Quran, because our Holy Prophet (peace be upon him) is a central figure of Islam. In this research paper, in the light of the views of experienced lexicographers, the lexical and intellectual meanings of the Sunnah has been explained; and importance of Hadith-o-Sunnah has been explained to live the life in Islamic manner.

scholarly journals Destructive trends in contemporary armed conflicts and the overlooked aspect of intangible cultural heritage: A critical comparison of the protection of cultural heritage under IHL and the Islamic law of armed conflict

2021 ◽  
pp. 1-20
Author(s):  
Victoria Arnal
Keyword(s):  
Cultural Heritage ◽  
Islamic Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Intangible Cultural Heritage ◽  
Humanitarian Law ◽  
Legal Rules ◽  
Legal Traditions ◽  
Law Of Armed Conflict ◽  
Rules And Principles

Abstract The destruction of cultural heritage in armed conflicts has gained increasing political momentum and visibility over the last two decades. Syria, Iraq and Mali, among others, have witnessed the intentional destruction of their cultural heritage by non-State armed groups (NSAGs) that have invoked Islamic law and principles to legitimize their actions. The response of the international community has predominantly focused on the material aspect, to the detriment of the significant impact on the associated intangible manifestation of cultural heritage in local communities. This article argues that several Islamic legal rules and principles may, more adequately than international humanitarian law, safeguard the intangible dimension of cultural heritage in certain contemporary armed conflicts in Muslim contexts. It aims to demonstrate the importance of drawing from multiple legal traditions in order to enhance the protection of intangible cultural heritage in armed conflicts and to strengthen engagement with the relevant NSAGs.

scholarly journals Implementation of Islamic Management based on Maqasid Sharia in Information Services Company (Case Study: Islamic Analytix Singapore)

2021 ◽  
Vol 2 (3) ◽  
pp. 320-327
Author(s):  
Wily Mohammad ◽  
Dian Tiara Nurhasanah
Keyword(s):  
Human Resources ◽  
Market Research ◽  
Islamic Law ◽  
Social Values ◽  
Information Services ◽  
Way Of Life ◽  
Market Intelligence ◽  
The People

Management is the art of regulating the process of utilizing human resources and other sources effectively and efficiently to achieve certain goals. Management has been used by many companies in this world, also has been influenced by social values including religion. Muslims who always adhere to Islamic law as a way of life properly will receive benefits in the form of Maqasid Sharia based on the level of Maslahah given by Allah. Humans, as the manager for themselves, for their family, or for their organization also really need to protect things in the concept of Maqasid Sharia and determine the level of protection using the concept of Maslahah. This can also be applied to companies, especially if its people are muslim, to make the company, management, and the people therein happy, live long, and blessed by Allah. Islamic Analytix is an Information Services company based in Singapore. This company provides Market Research, Market Analytics, and Market Intelligence through the platform. The staff, managers, and directors are mostly Muslim. The result of this research shows that Islamic Analytix Singapore is implementing Islamic management based on Maqasid Sharia. It can be seen from the good religious attainment (ad-Din), good quality of the life (an-Nafs), good quality of science or intellect (al-Aql), good quality of offspring (an-Nasl), and good quantity of wealth (al-Maal). These results also according to the maslahah concept such as primary needs (dharuriyyat), secondary needs (hajjiyyah), and tertiary needs (tahsiniyyah).

scholarly journals LEGITIEME PORTIE DALAM HUKUM WARIS ISLAM DI INDONESIA

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Shintiya Dwi Puspita ◽  
Fabian Fadhly
Keyword(s):  
Islamic Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Absolute ◽  
Adat Law

Indonesia recognizes three different inheritance system based respectively on the Civil Code, Islamic law and adat law. This article discusses the regulation concerning legitieme portie, the absolute right of the successor (heirs) which by law cannot be disregarded by the benefactor. The question here is whether legitieme portie, expressly regulated in the western inheritance law may also be found in the Islamic inheritance system? The second question concerns the possibility of – within the Islamic inheritance system – through the application of the legitieme portie - to deny the wife and/or parents’ right to the inheritance. This research argues that the Islamic inheritance system contains rules which cannot be disregarded by the benefactor and at the same time guarantee the wife’s right to the inheritance left by the benefactor.

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