The Authority of the Sunnah According to the Qur’anic Text

2013 ◽  
Vol 30 (4) ◽  
pp. 48-72
Author(s):  
Ahmad Eldridge Cleaver
Keyword(s):  
Islamic Law ◽  
Legal Authority ◽  
Insight Into ◽  
Judicial Role

This study analyzes what the Qur’an ascribes to the Sunnah of Muhammad and highlights the existence of indicators within the Qur’anic text as to the Sunnah’s significance, role, and legal authority. Insight into its place and role is researched according to the Qur’an, and answers are sought as to its significance in Islamic law and thought. The answers presented are the ones found in the Qur’anic discourse circulating around Muhammad. The analysis, which examines thirty-five Qur’anic verses that mention Muhammad, is organized according to several themes, among them obedience to God and to Muhammad and the latter’s judicial role.

The Authority of the Sunnah According to the Qur’anic Text

2013 ◽  
Vol 30 (4) ◽  
pp. 48-72
Author(s):  
Ahmad Eldridge Cleaver
Keyword(s):  
Islamic Law ◽  
Legal Authority ◽  
Insight Into ◽  
Judicial Role

This study analyzes what the Qur’an ascribes to the Sunnah of Muhammad and highlights the existence of indicators within the Qur’anic text as to the Sunnah’s significance, role, and legal authority. Insight into its place and role is researched according to the Qur’an, and answers are sought as to its significance in Islamic law and thought. The answers presented are the ones found in the Qur’anic discourse circulating around Muhammad. The analysis, which examines thirty-five Qur’anic verses that mention Muhammad, is organized according to several themes, among them obedience to God and to Muhammad and the latter’s judicial role.

Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia

2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha
Keyword(s):  
Qualitative Research ◽  
Financial Institutions ◽  
Research Methodology ◽  
Islamic Law ◽  
Islamic Banking ◽  
Legal Action ◽  
Qualitative Research Methodology ◽  
The Right ◽  
Limitation Of Action ◽  
Insight Into

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.

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.

Bell on Trial: The Struggle for Sound after Savonarola

2019 ◽  
Vol 72 (1) ◽  
pp. 54-96
Author(s):  
Daniel M. Zolli ◽  
Christopher Brown
Keyword(s):  
Legal Authority ◽  
New Evidence ◽  
Renaissance History ◽  
The Church ◽  
Insight Into ◽  
Complete Account

In June 1498, the Florentine government publicly punished and exiled the Piagnona, the lone bell of the church of San Marco, for its role in defending Girolamo Savonarola during the April siege that led to the preacher's execution. Drawing on new evidence, this essay offers the most complete account of this still poorly understood chapter in Renaissance history, examining its complex and conflicting motives. At the same time, the punishment of the Piagnona, and struggle for its return, affords uncommon insight into the culture's deepest structures of thinking about what bells were, and who had the legal authority to adjudicate their fate.

scholarly journals Intersections between Law and Language: Disciplinary Concepts in Second Language Legal Literacy

2016 ◽  
Vol 45 (1) ◽  
pp. 69-86 ◽  
Author(s):  
Alissa J. Hartig
Keyword(s):  
Second Language ◽  
Teaching And Learning ◽  
Islamic Law ◽  
The United States ◽  
Professional Experience ◽  
International Mobility ◽  
Graduate Studies ◽  
Legal Literacy ◽  
Insight Into

AbstractInternational mobility among graduate students of law presents unique challenges for the teaching and learning of Legal English. Master of Laws (LL.M.) students, for example, often bring both prior legal training and professional experience from their home jurisdiction to their graduate studies abroad. Taking a closer look at the experience of these students as they engage with genres associated with another legal system provides insight into broader issues of intersections between language and content in English for Legal Purposes. This article draws on case studies of four LL.M students from China and Saudi Arabia, a civil law jurisdiction and an Islamic law jurisdiction, respectively, as they learn to read and write common law genres in the United States. Considering students’ experiences with these texts, the article outlines a potential framework for understanding the role of disciplinary concepts in second language legal literacy development. Specifically, the article elaborates a tentative taxonomy for disciplinary concepts that distinguishes between discourse-relevant concepts and discourse-structuring concepts in considering the interaction between language and content in ESP and CLIL for law.

Overview of Islamic Law

2009 ◽  
Vol 9 (4) ◽  
pp. 707-731 ◽  
Author(s):  
Abdullah Saad Alarefi
Keyword(s):  
Islamic Law ◽  
Muslim World ◽  
Full Understanding ◽  
Public And Private ◽  
Legal Concepts ◽  
Insight Into

AbstractIslamic law is known as the Shari'ah, which means the path to follow God's law. The Shari'ah controls, rules and regulates all public and private behaviour. Shari'ah law does not exclude any knowledge from other sources and is viewed by the Muslim world as a vehicle to solve all problems – civil, criminal and international. The article offers a brief insight into Islamic law and provides a full understanding of the nature of Islamic law and its jurisprudential and legal concepts.

Reformulating the Madhhab in Cyberspace

2015 ◽  
Vol 22 (4) ◽  
pp. 413-435 ◽  
Author(s):  
Fachrizal A. Halim
Keyword(s):  
New Media ◽  
Communication Technology ◽  
Islamic Law ◽  
Legal Authority ◽  
Legal Tradition ◽  
Media Technology ◽  
Communications Media ◽  
Nation States ◽  
Zero Sum ◽  
Media And Technology

In this essay, I examine the networks and activities of transnational Shāfiʿī scholars in reformulating the madhhab and reviving the legal tradition of the Shāfiʿī school of law for contemporary Muslims. The discussion builds on recent debates in two overlapping fields. The first field argues that new modern communications media and technology have greatly fragmented the authority relationship in Islamic law; the second field centers on the perceived dissolution of the madhhab as a result of the widespread rejection of the authority of classical jurists. I argue that the same new media technology also provides a rationale and an instrument that enable Muslims to reformulate legal doctrines and revive the structure of legal authority as reflected in the school’s tradition. By shifting the operation of the madhhab into cyberspace, these Shāfiʿī scholars have creatively responded to changes in communication technology and have effectively reformulated and refashioned the legal tradition of the madhhab as a practical reference for present-day Muslims. The ongoing presence of the madhhab, in this case, does not necessarily represent a zero sum game in the encounter with the legal reality of the modern nation-states.


scholarly journals The prohibition of wearing veil in public schools in Egypt: an analysis of the Egyptian Supreme Constitutional Court jurisprudence

2017 ◽  
Vol 4 (1) ◽  
pp. 69
Author(s):  
Mohamed A. Arafa
Keyword(s):  
Human Rights ◽  
Public Schools ◽  
Islamic Law ◽  
Freedom Of Expression ◽  
Legal Reasoning ◽  
Constitutional Court ◽  
Political Rights ◽  
Liberal Rights ◽  
Civil And Political Rights ◽  
Insight Into

Case No.8 of 1996 is a landmark decision of the Egyptian Supreme Constitutional Court (“SCC”) and represents one of the most significant judicial rulings of a structural remedy for the interpretation of Article 2 of Egypt 2014 Constitution. The jurisprudence of the SCC is essential to advance a moderate (liberal), rights-protecting interpretation of Sharie‘a. In this case, the SCC held that a rule on face-veiling in public schools is compatible not only with Islamic law, but with certain human rights guaranteed by the Constitution:, as freedom of expression and freedom of religion. This decision dealt with the SCC’s view on Islamic ijtihad (legal reasoning), and, gives insight into the Court’s views on civil and political rights context.

Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 307-316
Author(s):  
Ibnu Elmi Achmat Slamat Pelu ◽  
Jefry Tarantang
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Authority ◽  
Legal Research ◽  
Conceptual Approach ◽  
Historical Approach ◽  
High Position ◽  
Legal Norms ◽  
Legal Development ◽  
Binding Position

The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.

Norman Anderson and the Christian Mission to Modernize Islam

2018 ◽  
Author(s):  
Todd Thompson
Keyword(s):  
Twentieth Century ◽  
Early Modern ◽  
British Empire ◽  
Islamic Law ◽  
Christian Missions ◽  
Christian Mission ◽  
Secular Modernity ◽  
Christian Discourse ◽  
Insight Into

Western Christians in the twentieth century viewed Islam through a lens of social and political concerns that would have appeared novel to their medieval and early-modern predecessors. Concerns about the predicament of secular 'modernity' infused Christian discourse with distinct assumptions that shaped engagement with Islam in fundamentally new ways. J. N. D. (Norman) Anderson (1908-94), a highly influential British Christian scholar of Islam, embodied this new orientation in his commitment to 'modernize' Islam. Anderson's engagement with Islam as a missionary, intelligence agent, scholar of Islamic law and advisor to various Muslim governments, spanned multiple decades and continents. As well as shaping Western understandings of Islamic law and its application, he was involved in debates about the end of the British Empire and the transformation of Christian missions following formal decolonization. Because of Anderson's location at the intersection of so many different debates concerning Islam, his life provides unique insights into the ways in which Christians reconfigured their response to Islam in the last century. Given Christianity's continued influence on British and American ideas about Islam, this study provides crucial insight into the persistent focus on 'modernizing' and 'secularizing' Islam today.

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