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.

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.

PRINSIP AL-TAYSĪR DALAM FIQH AL-AQALLIYĀT YŪSUF AL-QARAḌĀWĪ

EMPIRISMA ◽  
2016 ◽  
Vol 25 (1) ◽  
Author(s):  
Abdul Wahab Khalil
Keyword(s):  
Legal Issues ◽  
Limited Time ◽  
The West ◽  
Muslim Scholar ◽  
Islamic Jurisprudence ◽  
Friday Prayer ◽  
Muslim Minorities ◽  
Muslim Scholars

The Muslim minorities in the West who are currently dealing with a multitude of problem receives attention from Muslim scholars. Syaikh Yūsuf al-Qaraḍāwī is the first Muslim scholar who attempted to provide a solution to the problems, especially related to the implementation of religious teachings, as he outlined it in the framework of fiqh al-aqalliyāt. In principle, this is not something new in Islamic jurisprudence, because its legal sources are still the same. Nevertheless, this kind of fiqh is different in the sense that it does not merely talk about legal issues, but also the problems of theology and morals that the Muslim minorities in the West are currently dealing with in their relations with non-Muslims. Fiqh al-aqalliyyāt is also characterized by the use of the principle of al-taysīr as clearly prominent in the fatwās by Syaikh Yūsuf al-Qaraḍāwī, such as on the validity of both performing Friday prayer in the morning due to limited time for religious sermon (khuṭbah) and during ẓuhr time in some countries. This article will explore further this principle of al-taysīr in the Qaraḍāwī’s fiqh al-aqalliyyāt. Keywords: Yūsuf al-Qaraḍāwī, Fiqh al-Aqalliyāt, al-Taysīr

scholarly journals Pergeseran pola maqasid al-shari‘ah dari tradisional menuju modern: membaca pemikiran Jasser Auda

2011 ◽  
Vol 11 (1) ◽  
pp. 1
Author(s):  
Ahmad Munjin Nasih
Keyword(s):  
Islamic Law ◽  
Legal Problem ◽  
Self Renewal ◽  
Muslim Scholar ◽  
Interesting Topic ◽  
Legal Problems ◽  
Muslim Scholars

In study of Islamic law there is an interesting topic to discuss, that is maqasid al-shari‘ah. Recently some Muslim scholars study further the applying of principle of daruriyat al-khamsah in a legal problem. Unfortunately Islamic jurists often apply the principle of daruriyat al-khamsah independently apart from other sciences besides usul al-fiqh. Difficulties and failure in deciding many contemporary legal problems rise to the result. Jasser Audah, a Muslim scholar from Egypt and lives in London proposes new idea to cope with this problem. According to Audah, at first we must separate maqasid al-shari‘ah from usul alfiqh in order to be independent knowledge. Then we combine it with modern sciences in studying legal problem. Only through this method, Auda believes that Islamic law will be more adaptable with the changing situation. In order to do his idea in developing maqasid al-shari‘ah, Auda specifically suggests five steps, that are: validating all cognitios, holism, openness and self-renewal, multi-dimensionality, and purposefulness. 

Opinions of Contemporary Muslim Jurists on the Registration of Marriages

2012 ◽  
Vol 8 ◽  
pp. 435-456
Author(s):  
Mek Wok Mahmud
Keyword(s):  
Islamic Law ◽  
Muslim Countries ◽  
Islamic Jurisprudence ◽  
Marriage Contract ◽  
Muslim Scholars

Registration of marriages is one of the debatable issues among contemporary Muslim scholars. Considering the fact that it was not implemented during the Prophet’s (s.a.w) time, many scholars discuss the validity of its practice as one of Shari‘ah requirements to recognize a marriage contract. There is a need  to critically analyze the opinions of contemporary Muslim scholars on the registration of marriage as a requirement for a marriage contract to be recognized and officially authenticated, as currently practiced in many Muslim countries. Adequate attention is needed to be paid to the issue of the Sharī‘ah status of marriage registration, as it has no basis among the Sharī‘ah requirements for a valid marriage contract. This paper takes into consideration ten principles of Islamic jurisprudence such as al-Qiyās, Sadd al-Dharā’i‘, al-IstiÍsān, Maqāsid al-sharī‘ah and as-Siyāsah al-Shar‘iyyah to prove that the registration of marriage cannot be regarded as alien to Islamic law.

قانون تقييد تعدد الزوجات في إقليم كردستان العراق: دراسة تحليلية فقهية في ضوء الواقع المعاصر Polygamy Restriction Law in the Kurdistan Region of Iraq A Jurisprudential Analysis of Contemporary Realitis

2014 ◽  
Vol 11 (1) ◽  
pp. 70
Author(s):  
عارف علي عارف (Arif Ali Arif) ◽  
رزكار سليمان مولود (Mulud Sulaiman)
Keyword(s):  
Islamic Law ◽  
Kurdistan Region ◽  
Iraqi Kurdistan ◽  
Islamic Jurisprudence ◽  
Muslim Scholars

الملخّصتعدد الزوجات مباح في الإسلام مع قيود في ذلك، ولكن تطبيقاته تشهد تنوعًا من مجتمع إلى آخر، وكردستان العراق لديهم قانون تقييد تعدد الزوجات. وقد جعل تعدد الزوجات مطيّة لنقد الإسلام وتسديد ضربات له من أجل تشويه الفقه الإسلامي. فكانت هناك حاجة للنظر الموضوعي في هذه المسألة في ضوء الفقه الإسلامي وأصوله. يهدف هذا البحث إلى تحليل الآرء الفقهيّة لعلماء المسلمين في تقييد تعدد الزوجات من أجل الوصول إلى مقترحات مناسبة مراعيا في ذلك الواقع الاجتماعي في إقليم كردستان العراقي. الكلمات المفتاحية: تعدد الزوجات، قانون تقييد التعدد، إقليم كردستان، القواعد الفقهية. ************************************AbstractPolygamy is allowed with definite restrictions in Islam but its practical manifestation varies from region to region. Iraqi Kurdistan has its own system of polygamy restriction. It has consequently provided for critics of Islam a shot in the arm to discredit Islamic law. There is a need to look at the issue objectively in the light of Islamic jurisprudence. This paper seeks to analyse jurisprudential views of Muslim scholars on the polygamy restriction with a view to coming up with appropriate suggestions keeping in view social realities in Kurdistan region of IraqKeywords: Polygamy, Law of Restriction, Kurdistan Region, Juristic Maxims.

Conceptualizing the Caliphate, 632–1517 CE

2017 ◽  
Author(s):  
Mona Hassan
Keyword(s):  
Political Thought ◽  
Islamic Law ◽  
Muslim Community ◽  
Creative Solutions ◽  
Abbasid Caliphate ◽  
Islamic Political Thought ◽  
Legal Foundations ◽  
Embodied Practice ◽  
Over Time ◽  
Muslim Scholars

This chapter begins with a discussion of how the embodied practice of the earliest generations of Muslims was essential in consolidating a nearly universal Islamic consensus upon the obligation of appointing a leader for the Muslim community. As such, the caliphate was incorporated into Sunni Islamic law as a legal necessity and a communal obligation, and Muslim scholars attempted to address the institution's increasing divergence from ideals over time. Following the destruction of the Abbasid Caliphate in Baghdad in 656/1258, Muslim scholars of Mamluk Egypt and Syria drew from this rich tradition of Islamic political thought and jurisprudence to articulate creative solutions that bolstered the socio-legal foundations of the reconstituted caliphate in Cairo. As intellectual predecessors, teachers, disciples, colleagues, rivals, and adversaries, these premodern scholars were connected to each other through intricate social webs that traversed the centuries of Mamluk rule from the thirteenth to the sixteenth centuries.

Mufti Muḥammad Taqī 'usmānī and His Scholarly Contribution To The Qur’ānic Studies

2017 ◽  
Vol 2 (1) ◽  
pp. 94-109
Author(s):  
Zaharudin Nawi ◽  
Zunaidah Mohd Marzuki
Keyword(s):  
English Translation ◽  
Analytical Approach ◽  
Islamic Law ◽  
Comparative Religion ◽  
Islamic Finance ◽  
Ordinary People ◽  
Islamic Jurisprudence ◽  
The World ◽  
Scholarly Contribution ◽  
Muslim Scholars

Mufti Taqi UsmÉnÊ of Pakistan is one of the most prominent contemporary Muslim scholars from Deobandi and Waliyullah`s School of Thought. He is not only a leading living scholar of Islamic Jurisprudence and Islamic finance, but also a scholar and an intellectual of the Qur´Én, the Hadith, Islamic law, and comparative religion. He has always been placed among the top fifty in “The 500 Most Influential Muslims” in the world since 2009 until 2016. His works on the sciences of Qur´Én and the interpretation of the Holy Qur´Én show his scholarship in this field. The writing of “UlËm Al-Qur´Én” (An Approach to the Qur´Énic Sciences in Urdu), “The Meanings of the Noble Qur´Én” (English translation of the Quran) and “ÓsÉn Tarjamah Qur´Én” (The simple translation of the Qur´Én with notes in Urdu) are his major works in the field of Qur´Én. His supervision of translating the “MaÑÉriful Qur´Én” of his father, MaulÉnÉ Mufti SyafÊÑ, from Urdu to English is considered as his magnificent endeavor and contribution to this field. This paper aims to discover the biography of Mufti TaqÊ UsmÉnÊ and his scholarly contribution towards the interpretation of the Holy Qur´Én in the above-mentioned works. The paper uses a descriptive analytical approach to discuss his biography and his contributions. The analysis shows that Mufti TaqÊ UsmÉnÊ is a continuity of Waliyullah`s tradition and Deobandi scholars’ in contributing Quranic teaching to ordinary people as well as scholars through his writings and his other scholarly works.

Early Islamic Jurisprudence in Egypt: Two Scholars and Their Mukhtaṣars

1998 ◽  
Vol 30 (2) ◽  
pp. 167-182 ◽  
Author(s):  
Jonathan E. Brockopp
Keyword(s):  
North Africa ◽  
Islamic Law ◽  
Transition Period ◽  
Formative Period ◽  
School Students ◽  
Recent Scholarship ◽  
Islamic Jurisprudence ◽  
Legal Texts ◽  
Early Islamic ◽  
Muslim Scholars

Recent scholarship on the manuscript libraries of North Africa has substantially increased the amount of literature available for analysis of the formative period in Islamic law, particularly for the nascent Malikite school. Students of Islamic law are now in a position, for instance, to begin a re-assessment of the 9th century, the vital transition period between the ancient schools of the 7th and 8th centuries, and the establishment of the classical schools in the 10th and 11th centuries.1 Not only will these new texts make the process of establishment of the classical schools clearer, they will also provide a much stronger basis for the study of earlier centuries, throwing into question the canonical status that has been granted to early legal texts by Western and traditional Muslim scholars alike.

scholarly journals A Polemical Discourse over the Legitimation of Illegitimate Children under Islamic Law

2019 ◽  
Vol 27 (1) ◽  
pp. 151-179
Author(s):  
Isa Abdur-Razaq Sarumi ◽  
Azizah bt Mohd ◽  
Norliah bt Ibrahim
Keyword(s):  
Islamic Law ◽  
Feasible Solution ◽  
Fundamental Principle ◽  
Qualitative Approach ◽  
Legal Research ◽  
Islamic Jurisprudence ◽  
Putative Father ◽  
The Subject ◽  
Illegitimate Children ◽  
Muslim Scholars

Muslim jurists unanimously agree that any woman that gives birth to a child, the child is to be attributed to her husband and legitimacy of that child is to be established except in circumstances where the child is disclaimed by the husband through imprecation (li’an). However, dissension over the legitimation of children born out of wedlock has long been recorded in the classical books of Islamic Jurisprudence, although the majority of jurists’ opinion secured an overwhelming preponderance over others. The argument over the legitimation has recently been advanced in order to find a feasible solution to the alarming condition of children born out of wedlock. Interestingly, both opponents and proponents of the legitimation of illegitimate children among Muslim scholars buttress their arguments with the famously narrated hadith “al-walad lil firash” (“The child is traced to the owner of the bed i.e. the legitimate husband).” on the subject matter. Therefore, this article seeks to explore juristic interpretations of the hadith and the rationale behind the scholars’ dissention. This article is a result of a research that has been done through the adoption of a qualitative approach of research, which includes doctrinal and non-doctrinal legal research methodologies. It has been found that attributing a child to his putative father after the acknowledgement does not contravene the fundamental principle of Shariah; it is rather an opinion held by the majority of classical Muslim scholars.

scholarly journals PERKEMBANGAN TEORI MASHLAHAH ‘IZZU AL-DÎN BIN ‘ABD AL-SALÂM DALAM SEJARAH PEMIKIRAN HUKUM ISLAM

Asy-Syari ah ◽  
2015 ◽  
Vol 17 (2) ◽  
Author(s):  
Enden Haetami
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Primary Sources ◽  
Private Law ◽  
Human Being ◽  
Sacred Texts ◽  
Islamic Jurisprudence ◽  
Muslim Scholars

This paper explains that mashlahah is one of Islam law methods that is very dominantly used to the Ulamasin Islamic Jurisprudence. Even though the Koran and the Sunna are assumed as the primary sources of Islamic law (qath‘îy), there is a lot of famous ulama and Muslim scholars who placed mashlahah as the primary sources of Islamic jurisprudence. Moreover, even though the position of mashlahah is assumed zhanniy, butin various cases – especially in Islamic Private Law – it is seldom placed higher than the other methods such as ijma‘, qiyas, istihsân, istishhâb, syadd al-dzari‘ah, syar‘u man qablana, and ‘urf. He used a logical of law that everything from God can be referred to the sacred texts (Nash), and everything from human being can be solved by mashlahah.

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