scholarly journals The Early Development of Islamic Jurisprudence

1997 ◽  
Vol 14 (3) ◽  
pp. 83-86
Author(s):  
Abuhamid M. Abdul-Qadir
Keyword(s):  
Early Development ◽  
Islamic Law ◽  
Legal Theory ◽  
Primary Source ◽  
Second Century ◽  
Social Lives ◽  
Islamic Jurisprudence ◽  
History Of ◽  
The Subject ◽  
Independent Thinking

Professor Ahmed Hasan has made a great contribution to the understandingof the early history of Islamic jurisprudence up to the time of al Shafi'i (d. 204A.H.). A few works. such as The Origins of Muhammadan Jurisprudence byProfessor Joseph Schacht, have been published on the early development ofIslamic jurisprudence. and Hasan's work is a valuable addition. Islamic jurisprudenceis a dynamic, ongoing, and virtually limitless subject. The communitycannot survive without it as long as new issues arise to be resolved andIslamized. Thi field of study helps the community to move forward, encouragingmembers to solve new problems that arise in their social lives. Hasan discusseshow jurists debate one another over the extraction of God's law and how.ultimately, uch debates have developed Islamic jurisprndence and the differentlegal schools. ljma' (consensus) and qiyas (analogy) did not exist at the time ofthe Prophet; they developed through ijtihtid, based on the principle sources theQur'an and Sunnah. The subject has a kind of progressive flow, tide, and dynamiccharacter. Hasan divide his book into seven chapter, beside an introductionand a concluding discussion. He also includes a bibliography and an index. Theauthor chose a period in the history of jurisprudence for which sources for synthesisare difficult co obcain. He shows the historical development of lslamicjurisprudence in the first two centuries of Hijrah based mainly on the work ofMalik. Abu Yusuf, al Shaybani and al Shafi'i.This book is designed for readers who are particularly interested in Islamiclaw and history. In the introduction the author describes the meaning of fiqh andother allied terms. He analyzes the origins of the early schools of law-such asthe schools of Medina and Iraq-that developed through the work of scholarswho extracted God's law from the revealed sources. Further analysis by theauthor suggests that after the middle of the second century A.H., scholars weregenerally engaged in independent thinking on law. ln the same way. al Shafi'ideveloped his own legal theory and brought consistency into law. After him theregional character of the early schools began to disintegrate and faithfulness toone master and his principles gradually predominated.The author discusses the sources of Islamic law beginning with the developmentof the main five categories of judgment of Muslims' aces, namely, theobligatory. the recommended, the neutral, the disapproved, and the prohibited.These categories are ultimately based on four sources: the Qur'an, the Sunnah,ijma' and qiyas. The author first deal with the Qur'an, briefly pointing out thatit is the primary source of legislation and guidance. The author discusses thedoctrine of the abrogation of individual verses in the Qur'an (naskh) in a separatechapter, pointing out the development of the theory of naskh and its significantrole in Islamic jurisprudence. Although naskh is an established doctrine inthe field of Islamic jurisprudence, the author's long analysis of naskh suggeststhat since the Qur'an is eternal there can be no reasonable ground for the thesis ...

scholarly journals Diskursus Gender Dalam Hukum Islam

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Mesraini Mesraini
Keyword(s):  
Islamic Law ◽  
Primary Source ◽  
Western World ◽  
Men And Women ◽  
Islamic Studies ◽  
Gender Discourse ◽  
Islamic Jurisprudence

Abstract:Gender discourse is an issue that has its distinct challenges in Islamic studies. This is due to the notion that gender discourse emerged from the western world and is also considered less linear with Islamic studies. The main cause of this impression is due to a lack of proportional understanding. Gender does not actually treat a person on the basis of sex, but on one's competence. If the gender approach is biological-natural and irreversible, then the gender approach is constructive-social, not natural, and thus can be altered. This paper argued that Qur'an Hadith as the primary source of Islam ensures that in the issues of position, worship, and law, men and women have equal position. Nonetheless, some aspects of fiqhiyah (Islamic jurisprudence) as an implementation of the primary source's understanding are still considered biased. The differences of thinking, the culture of society, and the challenges faced by imam fiqh (Islamic jurisprudence leaders) contribute to gender biasKeywords: Gender, Islamic Law, Fiqh Abstrak: Wacana gender merupakan isu yang memiliki tantangan tersendiri dalam kajian keislaman. Di samping lahir dari dunia Barat, wacana ini dipandang kurang linier dengan kajian keislaman. Kesan ini cenderung didasarkan atas pemahaman yang kurang proporsional. Gender bukanlah memperlakukan seseorang atas dasar jenis kelamin, tetapi atas kompetensi seseorang. Jika pendekatan jenis kelamin itu bersifat biologis-kodrati dan tidak dapat diubah, maka pendekatan gender bersifat konstruk-sosial, bukan kodrati, dan dapat diubah. Sumber primer Islam, seperti Alquran Hadits, memastikan dalam persoalan kedudukan, ibadah, dan hukum antara laki-laki dan perempuan memiliki posisi yang sama. Namun, sebagian dari aspek fiqhiyah sebagai implementasi atas pemahaman sumber primer itu dipandang masih bias. Perbedaan pemikiran, budaya masyarakat, dan tantangan yang dihadapi oleh para imam fiqh berkontribusi atas bias gender.Kata Kunci: Gender, Hukum Islam, Fiqh

scholarly journals The Legal Authority of the Jurist and Its Scope in Modern Iran

2020 ◽  
pp. 1-27
Author(s):  
Seyfeddin Kara
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
Legal Theory ◽  
Political Authority ◽  
Legal Authority ◽  
Intrinsic Connection ◽  
Legal Perspective ◽  
The Social ◽  
The Subject

The development of Shīʿi jurisprudence has mostly been studied from the perspective of its relation to political authority. A handful of works that have examined the subject from a purely legal perspective, neglected the influence of Muslim societies on the evolution of Shīʿi legal theory. The paper examines the development of Shīʿi jurisprudence from a legal perspective and argues that there is an intrinsic connection between Islamic law (both Sunni and Shiʿi laws) and Muslim societies. Therefore, the changing values and expectations of society prompt changes in Islamic rulings. In this sense, the evolution of Shīʿi legal theory is no different to Sunni legal theory, and there are striking similarities between Khomeini's theory of Wilāyat al-Faqīh and the Sunni legal notion of maṣlaḥa which both aim to respond to the exigencies of the social change.

Legislation as an Instrument of Islamic Law

2016 ◽  
pp. 550-584
Author(s):  
Leonard Wood
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Legal Theory ◽  
Islamic World ◽  
Islamic Legal Theory ◽  
History Of

This article examines legislation as an instrument of Islamic law in the history of the Islamic world and in Islamic legal theory, with particular emphasis on the scholarly analysis of whether Islamic law can be legislated at all, and if so, how. It first reviews the scholarship on legislation in the Islamic world before the mid-nineteenth-century Ottoman reforms (tanzimat)—the “premodern” centuries. It then considers legislation after the mid-nineteenth century—the “modern” centuries—by looking at scholars’ preoccupations with the apparent novelty of modern legislation and its debatable Islamicity. It also discusses empirical dilemmas underlying these preoccupations and competing scholarly approaches to theorizing and studying the proper relationship between legislation and Islam. The article concludes by suggesting four paths forward in the analysis of legislation as an instrument of Islamic law.

scholarly journals V. On the early development of cirripedia

1894 ◽  
Vol 185 ◽  
pp. 119-232 ◽  
Keyword(s):  
Life History ◽  
Early Development ◽  
Developmental Stages ◽  
Short Stay ◽  
Complete Understanding ◽  
Cambridge University ◽  
Modern Methods ◽  
History Of ◽  
Complete Series ◽  
The Subject

During a short stay at Plymouth, in 1889, I was engaged in studying certain points in the anatomy of Cirripedia; finding, however, that a knowledge of the embryology was necessary in order to arrive at a complete understanding of the adult structure, I became wishful to investigate the life-history of some one member of the group. This I had an opportunity of doing at Naples, where I was appointed to occupy the Cambridge University Table at the Zoological Station for a period of six months, subsequently increased to nine. I here succeeded in obtaining a practically complete series of stages of Balanus perforatus , Bruguiere, as well as many stages in other members of the group. Though a number of able observers have occupied themselves with the embryology of Cirripedes, yet, owing to lack of opportunity, and to the difficulty of obtaining complete series of developmental stages, as well' as to the inherent difficulties in the subject, much remained to be done in this line. Willemoes-Suhm alone, with the advantages afforded by his position during the Challenger Expedition, has hitherto obtained a complete series of stages of any one form, but he failed to trace the history of the earlier stages, and in the later, limited himself to the appearance of fresh and spirit specimens, as seen without cutting sections. In fact the method of sections has been little applied to the development of Cirripedes, and not at all to the earlier stages. There is, therefore, little apology needed for an account embracing the results obtained by the employment of some of the more modern methods of embryological study.

The Headdress of the Tillya Tepe “Prince”

2017 ◽  
Vol 23 (1) ◽  
pp. 151-183
Author(s):  
Michael Shenkar
Keyword(s):  
Cultural History ◽  
Cultural Landscape ◽  
Primary Source ◽  
Second Century ◽  
First Century ◽  
Historical Inquiry ◽  
Special Place ◽  
History Of ◽  
Important Site ◽  
Written Sources

The sensational finds made at Tillya Tepe in Northern Afghanistan close to the modern city of Sheberghān, are the primary source for reconstructing the cultural history of Bactria in the turbulent period between the end of Greek rule and the rise of the Kushan Empire. The paucity of written sources from this period (mid second centurybceto mid first centuryce), and our resulting lack of understanding of even major political and cultural events, has led to its apt characterization as the “Dark Age” of Bactrian history. In this context, a special place should therefore be reserved for archaeological finds and Tillya Tepe is undoubtedly the most important site of this period. The significance of the Tillya Tepe finds for the reconstruction of Bactrian history and its cultural landscape has long been recognized, but they still have much to offer in terms of historical inquiry. In what follows I shall attempt a new reconstruction of the headdress of a “prince” buried in Graveivand conclude that it allows us to place him within the orbit of the Indo-Parthian Gondopharid dynasty, one of the most powerful regional political entities of the period.

The Epitaph of Julius Terentius

1941 ◽  
Vol 34 (2) ◽  
pp. 79-102 ◽  
Author(s):  
C. B. Welles
Keyword(s):  
Second Century ◽  
Public And Private ◽  
Private House ◽  
History Of ◽  
The Subject

Investigation of the Agora area at Dura was begun in 1931, and continued in the following seasons of work. It is now possible to trace in some detail the history of the site, which developed from an open square only partly enclosed by simple market buildings into a complex of public and private structures. From one of the latter, a private house built in the late second century in the northwest part of the area (G5 H), came the inscription which is the subject of the present paper.

The Roman Military Occupation of North-West Spain

1976 ◽  
Vol 66 ◽  
pp. 45-66 ◽  
Author(s):  
R. F. J. Jones
Keyword(s):  
Archaeological Site ◽  
Second Century ◽  
Military Force ◽  
Extensive Literature ◽  
Main Text ◽  
Gold Mines ◽  
North West ◽  
The North ◽  
History Of ◽  
The Subject

The north-west corner of Spain was long neglected by Roman archaeologists, who have tended to concentrate on the more spectacular remains to be found in the south and east. However, recently more attention has been directed there by workers of several nationalities, who have now produced a quite extensive literature on the gold mines, as well as on wider aspects, chiefly in connection with the activities of the legion VII Gemina. Yet there has been little attempt in all this to examine why a substantial military force was maintained in the region for so long. This paper aims to review that problem to about the end of the second century A.D. The evidence available is almost entirely epigraphic, chiefly consisting of epitaphs and religious dedications. Building inscriptions are scarce. For convenience all the epigraphic material from the north-west of Spain that is relevant to the disposition of the army is collected in the appendix, and in the main text reference will be made to the numbers given there. In addition a few historical passages are of importance, but the archaeological site evidence is very slight. The nature of the evidence is such that most attention must be devoted to the units attested in the region and their deployment, with little to be said about their actual bases. Previous work on the subject has been dominated by the late Antonio García y Bellido in several masterly papers. However it has tended to concentrate more on the history of the units themselves than on questions of topography and the reasons behind their presence.

scholarly journals Dinamika Modernisasi Hukum Islam: Tinjauan Historis dalam Pembacaan Mazhab Sociological Jurisprudence

2020 ◽  
Vol 14 (1) ◽  
pp. 99-112
Author(s):  
Ahmad Zayyadi
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Muslim World ◽  
Law And Society ◽  
Sociology Of Law ◽  
Modernization Theory ◽  
Sociological Approach ◽  
Sociological Jurisprudence ◽  
History Of ◽  
Legal Position

This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.

scholarly journals Ijtihad dan Beberapa Ide Pembaruan dalam Fikih Islam.

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Umar Al-Haddad
Keyword(s):  
Islamic Law ◽  
Fourth Century ◽  
Modern Times ◽  
Islamic Jurisprudence ◽  
History Of

Assumption that the door of ijtihad was closed, despite ever becoming conspicuous in general, has never been universally accepted by all scholars. In the period after the fourth century BC /10 AD—during the opinion was evolving—history still noted the emergence of figures not only by showing their thought on ijtihad but also by showing their firm rejection to the view which said that the door of ijtihad was closed. By reviewing the position of ijtihad and its development in the history of Islamic jurisprudence (fiqh), this article proves that ijtihad is a must in the dynamics of the Islamic law. With the spirit of ijtihad, various reform ideas in Islamic jurisprudence in modern times have become possible and kept open for discourse, such as the approach between schools, collective ijtihad, ijtihad in the field of principles (ushûl) , and a review toward the qualification of mujtahid in modern times.DOI: 10.15408/ajis.v16i1.2896

scholarly journals POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE

JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Nuha Qonita
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
New Product ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Modern Time ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
The World

<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>

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