The Shrine in Cairo under the Sunni Ayyubids and Mamluks

2020 ◽  
pp. 87-96
Author(s):  
Daniella Talmon-Heller
Keyword(s):  
Islamic Law ◽  
Ibn Taymiyya ◽  
Political Legitimation

The re-Sunnification of Cairo, initiated by Saladin after the overthrow of the Fatimids in 1171, did not impede the veneration of the Husayni shrine and mosque. It ceased to constitute a source of political legitimation, but remained a popular pilgrimage site (as depicted by Ibn Jubayr). Under the Ayyubids and Mamluks it was frequented by Sufis, and by a circle of students of Islamic law. Some jurists, prominent among them Ibn Taymiyya, denied the authenticity of the relic and criticized the cult in its shrine.

Baghy in Islamic Law and the Thinking of Ibn Taymiyya

2006 ◽  
Vol 20 (3) ◽  
pp. 289-305 ◽  
Author(s):  
Mohd Farid bin Mohd Sharif
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Point Of View ◽  
Special Focus ◽  
Comprehensive Review ◽  
Lexical Meaning ◽  
Ibn Taymiyya ◽  
The Relationship

AbstractThe paper focuses on the opinion of the jurists about the concept of baghy and its significance in Islamic law. The objective of this paper is to provide a comprehensive review of the issue of baghy, and the thinking of Ibn Taymiyya within the context of jihàd. The paper starts with a brief explanation of the lexical meaning of baghy and its position in classical texts. The paper continues with a discussion about the legal status of baghy in Ibn Taymiyya's view. Later, it attempts to shed some light on the issue of baghy and jihàd against unjust or corrupt imàms, and what is the relationship between them from the perspective of the two prime sources of Islam: the Qur'an and hadith, with special focus on Ibn Taymiyya's point of view. This topic is treated in detail in the present study, and most of this problem is as pertinent to the umma today as it was in the time of Ibn Taymiyya. It is hoped that the following exposition will have some valuable impact on the on-going debate about baghy and jihàd. It bears noticing, however, that this paper is only concerned with the views of the jurists of the four major Sunni schools. The views of other schools, including Shia, although interesting, will not be discussed.

Contract Stipulations (Shurūṭ) in Islamic Law: The Ottoman Majalla and Ibn Taymiyya

1998 ◽  
Vol 30 (1) ◽  
pp. 29-50 ◽  
Author(s):  
Oussama Arabi
Keyword(s):  
Present Article ◽  
Islamic Law ◽  
Legal Obligation ◽  
Modern Times ◽  
Freedom Of Contract ◽  
The Third ◽  
Ibn Taymiyya ◽  
The Subject

With the generalization of production for exchange in modern times and the corresponding expansion of monetary and commercial transactions, the issue of contractual freedom has become a major concern for Muslim jurists and legislators, instigating a reconsideration of the classical doctrines of Islamic law on the subject. Due partly to its religious character and partly to the historical circumstances presiding over its formation in the first three centuries of the Hijra, Islamic law does not permit freedom of contract. Broadly speaking, three kinds of considerations intervene to restrict freedom of contract in classical fiqh: (a) those arising from the prohibition of usury (ribā); (b) those delimiting the licit object of legal obligation (maḥall alʿaqd); and (c) those concerning the stipulations attached to the contract (shurūṭ). In the present article, I investigate the third category of restrictions and touch on usury and the licit object of obligation insofar as the latter affect shurūṭ (sing., sharṭ), namely the conditions attached to a contract.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

MENGGAGAS PENDIDIKAN BERWAWASAN KEWIRAUSAHAAN DI PERGURUAN TINGGI ISLAM

ALQALAM ◽  
2017 ◽  
Vol 34 (1) ◽  
pp. 30
Author(s):  
Nur Hidayah
Keyword(s):  
Higher Education ◽  
Islamic Law ◽  
Law And Economics ◽  
State Institute ◽  
Study Program ◽  
Islamic Studies ◽  
Entrepreneurial Culture ◽  
Curriculum Structure ◽  
Islamic Values

There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies.  The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch.    To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to have a strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business.     Keywords: Islam, entrepreneurship, entrepreneurial education.

PELAKSANAAN HUKUM KEWARISAN ISLAM DI PENGADILAN AGAMA BANTEN

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Survey Methods ◽  
Adopted Children ◽  
Inheritance Law ◽  
Library Research ◽  
The Ideal

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

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.

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