scholarly journals استشكال الأحاديث النبوية في ضوء القواعد الشرعية

2021 ◽  
pp. 70-91
Author(s):  
Fathiddin Mhd. Beyanouni ◽  
Haifa Abdulaziz Al-Ashrafi

This articles sheds light on one aspect of Problematic Hadith, which is illusion of hadith’s contradiction with Shari’ah rules. It aims at explaining the concept of Shari’ah rules, clarifying their characteristics and providing practical examples of hadiths that seemingly contradict the Shari’ah rules. The article relies on the inductive approach to find out this type of hadiths and to point out scholars’ opinions about them. It also uses descriptive and analytical approach in explaining the significance of Shari’ah rules and studying problematic hadiths. The present articles confirms that these rules have legal origins, that they cover all Islamic subjects and that they are considered as a source if Islamic Shari’ah. Accordingly, a real contradiction between them and hadiths cannot be imagined. It also emphasizes the importance of these rules as a standard used to unveil the actual meanings of hadiths and shows scholars’ keenness on eliminating the seeming contradiction in problematic hadiths.

Author(s):  
Saidong Lv ◽  
Yujun Pan

This study collected regional data from 31 provinces in China and 8 states and territories in Australia in 2016. The study used the descriptive and analytical approach to analyze the results. Also, it used the inductive approach, the descriptive statics analysis and the SPSS to analyze data. it found that the distribution of compulsory education bears both similarities and differences in the two countries. In terms of similarities,there are certain regional differences in the teachers’ faculty of compulsory education in the two countries, and an unbalanced distribution of teachers has emerged. The difference is that although China's compulsory education has rqpidly, the teachers and funds of compulsory education lag far behind Australia, and the Regional imbalance is more serious in China than that in Australia.In other words, if there is a rapidly increasing population somewhere, and the nuers of teachers aren’t keeping up with this in China.


2019 ◽  
Vol 11 (1) ◽  
pp. 10
Author(s):  
Yurulina Gulo

The writing of this journal aims to give a new view of how a woman who in Ono Niha mythology has very high respect, but in reality the woman in Nias is the object of injustice in the culture of Patriarchy that has been formed for a long time in Nias. In this journal, using a descriptive-analytical approach with a qualitative approach. The qualitative approach emphasizes the accuracy of data, it will use an inductive approach, which means that data will be collected, approached, and abstracted through interviews, literature and field observations. Thus the authors obtain data that in Nias, women experienced oppression in a real patriarchal culture because of the social construction that made it number two and regarded as weak and low based on the nature of the natural label. The oppression experienced by women in society socially, politically and religiously. The basis of the injustice in society in various fields is rooted in the culture of patriarchy where men assume that women belong to their property, servants and complementaries.


2020 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies

This paper addresses the issue of achieving sustainable development through green financing instruments, where it discusses the meaning of green bonds and Sukuk, the steps of their issuance, their dimensions, and characteristics. The paper also examines the provision of Shariah on green bonds and Sukuk and discusses the extent of their capability to achieve sustainable development of society. This study uses the inductive approach to track the opinions of researchers on the subject as well as the analytical approach to analyze those opinions. The study has reached a number of conclusions, the most important of which are: the impermissibility of dealing with green bonds because they are based on riba. Likewise, green Sukuk is also not permissible in Shariah because of the suspicion of riba in it, as it is recovered at nominal value, and these financing instruments do not contribute to the achievement of sustainable development to the highest degree as expected.


2020 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies

The introduction of the digital wallet known as “E-Wallet” helps people in their transactions without the need for cash, which is known as the phenomenon of “go cashless.” Implementation of the e-wallet is involved with some transactions and concepts used, which may trigger Shariah issues; this is the research problem. Therefore, there is a need to study this concept and its application by looking into the related Shariah requirements in order to clarify the ḥukm of using the e-wallet for Muslim users. This paper aims to analyze the concepts used in the e-wallet from a Shariah perspective (takyīf Fiqhī) and to highlight issues that are related to its application. This research uses the inductive approach in finding classical and contemporary references, as well as the analytical approach in relation to the Shariah concepts and issues. Finally, this research concludes with several findings: 1) the concept of wadīʿah can be adopted for the e-wallet as long as there is no usage from the platform provider; 2) it was found that the implementation of cashback does not involve riba payment; 3) lastly, there are some key challenges in implementing the e-wallet fully in Malaysia, especially in terms of the security risk.


2012 ◽  
Vol 7 (8) ◽  
Author(s):  
Nasywan Abdul Khalid Qaid Al-Mikhlafi

This paper deals with the criticism approach of Quranic interpretation in general, in order to give the reader a general view of the most significant criticism aspect addressed by the commentators in their tafsir. The researcher aims at giving a brief overview of the deductive criticism approach in interpretation. If Ijtihad and deduction terms are present, and conditions of the interpreter are applicable, then there is ample space to explain the verses of the Quran within the prescibed guidelines, though it is important not to trespass the overall purpose of the Quran in order to widen the range of its semantic and employing its purposes to fit in with the reality of the society. The researcher has followed the inductive approach to collect the texts, statements and evidences as well as the analytical approach in studying these texts to highlight the aspect of criticism made by some comentators of other comentators through the case of Ibn Ashur and his methodology in his tafsir work.


Author(s):  
Riahi Mohamed Kais ◽  
Mohammed Abullais Shamsuddin Mohammed Yaqub ◽  
Mohammed Farid Ali

Al-Qāḍī ʻIyāḍ’s explanation of the hadith of Ummi Zara’ is considered one of the most authentic explanations and was approved by the early and later scholars. The aim of this research is to clarify the method employed by Al-Qāḍī ʻIyāḍ in the study of the noble hadith through his explanation “Bughyah al-Ra’id Lima Tadammanahu Hadith Ummi Zar’ min al-Fawa’id”. The researcher relied on the inductive approach in introducing Al-Qāḍī ʻIyāḍ and his efforts in this explanation, and the analytical approach in order to highlight Al-Qāḍī ʻIyāḍ’s innovative methodology, which distinguished this explanation from others. The research concluded that Al-Qāḍī ʻIyāḍ established the rules of a new approach in dealing with the religious text, based on comprehensiveness and integration, which explains his extraction of a huge number of jurisprudential and Arabic issues, with unique investigations and wonderful references.


2021 ◽  
Vol 5 (2) ◽  
pp. 235-256
Author(s):  
Salih Q. Karim Al-Zanki ◽  
Fatima Tariq Mohamed Saad Khadir

Duties are legitimate interests, and the principle in interests is to do them all or to do extra more unless this is not possible. The Mukallaf may have more than one Islamic duty to perform, while he may not be able to perform them all. What can he do in this situation? What depiction of the issue of crowding-out of duties? and how did the scholars tackle the issue of overcrowding of duties? There were many previous studies that discussed the subject of the jurisprudence of priorities relating to our study question, but it does not discuss it in detail, analysis, and representation. The study adopted the analytical approach through the study of the Islamic texts, independent reasoning, and fatwas related to the study, and the inductive approach by researching the Islamic texts, evidence, and the branches of Jurisprudence, and drawing rules from them. The study concluded the results that there are rules that help the Mukallaf to pay the competition between the duties, by providing the highest, the strongest, and the first in order to prioritize the most important duty to what is below it whenever there is an accumulation of duties.


2021 ◽  
Vol 17 (2) ◽  
pp. 264-281
Author(s):  
Ammar Abdussalam Nuhu ◽  
Nashwan Abdo Khaled

This research aims to study examples of Qira'at that appear to be ambiguous to some scholars. The importance of this research lies in scrutinising the discourse between Qira’at and its explanation in the Arabic language. The two researchers followed the inductive approach to clarify models of Qira'at that appears ambiguous to them and the analytical approach to liberate the main problem and carry out guidance and weighting. The research concluded with some results, the most prominent of which are: The ambiguity in Qira'at is a relative matter that is due to a person; And whoever among the scholars think very deep and conduct a research about it will get a clear understanding of it, its meaning will be understandable, also its clear that some scholars’ objections to Qira'at were due to their jealousy of the Qur’an and their reverence for it.


2018 ◽  
Vol 5 (1) ◽  
pp. 165-201
Author(s):  
عبد المنان إسماعيل ◽  
مسعوداني مراد

Imam Shatibi, the man who looked forward to the reform project in the field of Islamic sciences in general and jurisprudence especially, particularly in the temporal conditions that were experienced by highlighting the mental innovative and creative of him. This study is to clarify how Shatibi moved Usul Fiqh of particles presumptive to college certainties through the statement of the circumstances that led him to this transition, and how he followed the inductive approach to prove the purposes of Shariah. The first objective of this study is to understand these renewable mental, which contributed significantly to the enrichment of Islamic knowledge heritage, which prompted the researcher to study part of this cognitive shift based on inductive and analytical approach for its corresponding to the research topic. Since the study deals with the figure from its scientific and regenerative aspects, through analysis and description of his approach, and tracking its hierarchy of cognitive transactional stages in details. The researcher also adopted the comparative method, to compare this study with its peers of other studies in the same field, as well as the historical method to record the conditions of its cognitive leap historically, in the context of the fundamentalism study. Keywords: Particle presumptive, college certainties, inductive approach, purposes of Shariah ملخص البحث يتناول هذا البحث مشروع القطع واليقين عند الشاطبي؛ حيث جاءت   هذه الدراسة لتوضح كيف أن الشاطبي انتقل بأصول الفقه من الجزئيات الظنية إلى الكليات اليقينية، وذلك من خلل بيان الظروف التي أدت بالشاطبي إلى هذا النتقال، وكيف أنه اتبع المنهج الستقرائي لثبات مقاصد الشرع. وقد اعتمدت الدراسة المنهج الستقرائي والتحليلي؛ لمنسابتهما موضوع البحث؛ حيث أن الدراسة تتناول الشخصية من جانبها العلمي التجديدي، وذلك من خلل تحليل منهجه وبيانه، وتتبع محطات نقلتها المعرفية تتبعا يتسم بالجزئية. كما اعتمد الباحث كذلك المنهج المقارن، لمقارنة هذه الدراسة مع أقرانها من الدراسات، وكذلك المنهج التاريخي في ضبط ظروف النقلة المعرفية زمانا, في إطار دراسة أصولية. وقد خلصت الدراسة إلى أن التأسيسات الأصولية عند الشاطبي مبنية على الستقراء، وأن أهم فكرة عنده هي أن الستقراء سواء أكان ناقصا أو تاما يفيد العلم الضروري، أي يفيد القطع. وعليه فقد كان هدف الشاطبي من خلل «تأصيل أصول» علم الشريعة. هو إعادة بناء هذا العلم بالصورة التي تجعل منه علما برهانيا, مبنيا على «القطع» وليس على مجرد الظن. الكلمات المفتاحية: القطع واليقين- الظنيات- الستقراء- الكليات- الجزئيات.


Author(s):  
Muhammad Ikhsan

This study aims to identify the extent to which the historical roots of the Shafi'i school in Indonesia in terms of its arrival and spreading and to determine the extent of the influence of the Shafi'i school in the lives of Muslims in Indonesia and whether it plays a role in the codification of laws in Indonesia? The researcher employed the historical inductive approach and the descriptive-analytical approach. Among the results of the research are that the entry of the Shafi'i school in Indonesia was accompanied by the entry of Islam in it by Arab traders from the Arabian Peninsula - or the Indies (Malibar and Gujarat). Based on reliable documents, I can confirm that Islam entered Indonesia in the seventh century AD (first century in Hijriyah), yet began to spread strongly in the tenth century AD through the emergence of Islamic kingdoms in the archipelago which adopted the Shafi'i school as the official school of the state. The influence of the Shafi'i school is evident in Indonesia on the educational curriculum taught in the era of the Islamic kingdoms and the era of independence in several institutions and Islamic boarding schools. The Shafi'i school also shows its influence in the law of Islamic governance in Indonesia, although it is limited to matters of marriage, inheritance, and waqf.


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