scholarly journals Authority, Continuity, and Change in Islamic Law

2003 ◽  
Vol 20 (1) ◽  
pp. 149-152
Author(s):  
Muhammad M. Haque

This book traces the development of Islamic law from its earliest period tothe full formative period, when the major madhahib were established, toshow that institutionalizing Islamic law always involved a reasoned defenseand calculative move. Hallaq asserts that such processes were not an innovation;rather, they were embedded in the structure of the original legal traditionsthat allowed for continual social change and the maintenance of orderand stability in Islam’s social system. Throughout the ages, the Shari‘ah hasbeen subjected to a dialectical milieu and change as dictated by varying socialconditions. This further stimulated change to maintain the established order’svery essence, which was based on the logic of reasoning and calculation.The juristic structure of authority did not remain very rigid and conservativeas it seemed, except for a few cases. Rather, at a certain level, ...

2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.


1997 ◽  
Vol 6 (2) ◽  
pp. 213-228
Author(s):  
Jeremy Hein

Political violence and international migration have the potential to disrupt leadership continuity in Hmong refugee communities in the United States. At the same time, clan and village authority structures from Laos favor leadership continuity despite dramatic social change. Data on 40 Hmong leaders in ten communities are used to determine if the indigenous sources of leadership continue to determine who becomes a leader after resettlement. The majority of leaders were leaders in Southeast Asia and have close kin who were leaders, indicating leadership continuity. Whether these leaders have held few or many leadership positions in the United States, however, is not determined by prior leadership or kinship, but by factors associated with acculturation. Initial leadership status in a host society is linked to authority structures from the homeland, but social change influences subsequent leadership careers.


2020 ◽  
Vol 11 (2) ◽  
pp. 67-91
Author(s):  
Mustari Bosra

This paper is about the Islamization movement of the kingdoms in South Sulawesi, sointegrated sara 'is into a social institution called pangadereng (Bugis) angadakkang (Makassar). To ensure the upholding of Islamic law, which has been integrated into the social system, a religious bureaucracy (Islam) known aswas formed sara '. The royal bureaucratic officials who handle this institution, from the central level to the village or village level are called parewa sara ', which in this study uses the term daengguru. This integration pattern was developed in almost all Islamic kingdoms in South Sulawesi. Adat has its own field and sharia controls its own field. One another should not disturb each other. When the King of Bone La Maddarremmeng was about to confront Islam and customs, he was opposed by all parties. When Arung Matowa Wajo declared a strong Islamization, he was also evicted from his position.


2015 ◽  
Vol 15 (2) ◽  
pp. 101
Author(s):  
Gibtiah Gibtiah ◽  
Yusida Fitriati

<p>Abstract: Social life is one of human nature that has innate.<br />One characteristic of social life is the constant change in the<br />community. There is no society ever stop at a certain point of all<br />time, but constantly changing and moving forward. Changes<br />that occur sooner or later be able to change the joints staple of<br />people's lives. This paper explores social change and renewal of<br />Islamic law by using the method of determination of the law<br />“sadd al dzari’ah”.</p><p><br />ملخص: الحیاة الاجتماعیة ھي واحدة من طبیعة الإنسان الذي لدیھ الفطریة . واحدة<br />من سمات الحیاة الاجتماعیة ھي التغییر المستمر في المجتمع. لا یوجد أي مجتمع<br />تتوقف أبدا عند نقطة معینة في كل العصور، ولكن تتغیر باستمرار، و تتحرك إلى الأمام<br />. التغیرات التي تحدث عاجلا أو آجلا تكون قادرة على تغییر الأساسیة مفاصل حیاة<br />الناس. وتبحث ھذه الورقة التغییر الاجتماعي والتجدید في الشریعة الإسلامیة باستخدام<br />طریقة تحدید القانون.</p><p>Kata kunci : metode penggalian hukum, sadd al-dzari’ah</p>


Author(s):  
Seyfeddin Kara

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.


2014 ◽  
pp. 37
Author(s):  
Natalio Pagés ◽  
Nicolás Rubí

Categoría: MonografíaFecha de recepción: 28 de mayo de 2012Fecha de aprobación: 12 de julio de 2012Resumen En la última etapa de su producción teórica, Parsons concentra sus esfuerzos en la construcción de un sistema general que permita pensar la evolución de las sociedades humanas. Propone el concepto de comunidad societal para resolver el problema de la integración del sistema social ante un contexto moderno de procesos de cambio que promueven creciente diferenciación institucional y pluralidad cultural (potenciación del conflicto). En este artículo nos encargaremos de rastrear las lecturas críticas de Alexander y Mouzelis sobre el esquema parsoniano del cambio social, para identificar los núcleos problemáticos que ambos observan y evaluar hasta qué punto sus propuestas logran escapar de los conflictos del marco evolucionista y despejar a la comunidad societal de sus tensiones internas. Palabras clave: Comunidad Societal – Evolucionismo – Diferenciación – Cambio social Abstract In the last stage of his theoretical production, Parsons develops a general system that tries to explain the evolution of human societies. He proposes the notion of Societal Community to solve the problem of Integration within a Social System that presents developed institutional differentiation and cultural plurality. In this article, we will trace the critical readings of Alexander and Mouzelis on the parsonian scheme of Social Change. We’ll approach the theoretical problems that both of them observe and evaluate their proposal. Our main task is to find out if Alexander and Mouzelis manage to avoid the difficulties of the evolutionist framework and liberate the Societal Community from its inner tensions. Keywords: Societal Community – Evolutionism – Differentiation – Social Change 


Author(s):  
Julijana Nicha Andrade

The purpose of the chapter is to show that orientalism is a dynamic construct that simultaneously represents continuity and change. The hypothesis outlines that contemporary artists build upon 18th century symbols to reconstruct orientalist art, hence reproducing the constructed, stereotypical neo-orientalist or self-orientalist imagery. The hypothesis is seen to be true as the intimate artwork of Zahrin Kahlo, Lalla Essaydi, Eric Parnes, and Yasmina Bouziane shows that contemporary orientalist artists are using recurring symbols to depict their self-identity, even though they appropriate those symbols in an act of resistance to depict social change. A more productive path of expression may be one of authenticity rather than a recreation of existing imagery in the attempt to deconstruct it. Even though the continuity of the construct is obvious, change is granular and not as pronounced.


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