scholarly journals The Importance of 'llm al Khilaf to North America

1991 ◽  
Vol 8 (3) ◽  
pp. 579-581
Author(s):  
Yusuf Ziya Kavakci
Keyword(s):  
North America ◽  
Islamic Law ◽  
Related Literature ◽  
Legal Questions ◽  
Islamic Jurisprudence ◽  
Differences Of Opinion ◽  
Legal Opinions ◽  
Methodological Principles ◽  
State Of Affairs

'llm al khilaf is a science which deals with the Islamically sound argumentsused by Muslim jurists (fuqaha') to reach their various legal opinions. Assuch, it can also be known as comparative Islamic law. Historically, the variousmadhahib of Islam shared and benefitted from this science, and there is noreason why we also cannot benefit from it.We know that there were differences of opinion and practice even duringthe time of the Prophet Muhammad, for his Companions did not vieweverything the same way. This state of affairs naturally continued after theProphet’s death. The suhuf ascribed to some of the Companions and theinfixmation given in the relevant biographical literature were studied for details.The fiqh-related issues debated by the Companions increased in number andcomplexity during the time of the Successors (Tabi’un), when the developmentof Islamic jurisprudence was just getting started.The judicial and juristic opinions expressed in Majmu ‘al Fiqh by Zaydibn ‘Ali (d. l22/740), in al Muwatta’ by Imam Malik (d. 179/795), byMuhammad ibn al Hasan al Shaybani (d. 189/805) which he ascribed.to hismaster Abu Hanifah, and by Abu Yusuf Ya‘qub (d. 182/769), especially inhis Kitiib al Kharaj, a1 Radd ala Siyar al Awza'i, and Ikhtilaf Abi Hanifahwa Ibn Abi Layla may be cited here as the first scholarly sources of ‘ilmal khilaf. The related literature on differences between thefuqahii’ is fullof points which may be studied for further information.With the spread of Islam and the incorporation of many non-Muslimsubjects into its domains, new legal questions were raised. The resultingdecisions led to the profound and scholarly development of Ilm al khilafand the establishment of the methodological principles of Islamic law in severalbranches. However, it was not until the beginning of the fifth hijri centurythat comparative Islamic law was scientifically established as an independentbranch of Islamic law by Abu Zayd ‘Abd Allah ibn ‘Umar ibn ‘Isa ...

Piracy in Ottoman Islamic Jurisprudence

2017 ◽  
Author(s):  
Joshua M. White
Keyword(s):  
Seventeenth Century ◽  
Islamic Law ◽  
Theory And Practice ◽  
Legal Questions ◽  
Islamic Jurisprudence ◽  
Legal Opinions

This chapter examines the legal opinions (Arabic: fatwa, Turkish: fetva) issued by the chief Islamic legal authorities of the empire (şeyhülislam) concerning maritime violence and explores the implications of their rulings for judges and litigants throughout the empire and for the corsairs based on its margins. Drawing on research in sixteenth- and seventeenth-century fetva collections, the chapter establishes the kinds of legal questions that piracy and captivity posed for the Ottomans and how they were answered as the intensity, frequency, and focus of Mediterranean piracy mutated in sometimes alarming ways. Showing how secular, interstate, and Islamic law were harmonized through fetvas, the chapter lays the groundwork for the subsequent analysis of the convergence of theory and practice in Ottoman courts.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Prostitution, Islamic Law and Ottoman Societies

2012 ◽  
Vol 55 (1) ◽  
pp. 117-152 ◽  
Author(s):  
James E. Baldwin
Keyword(s):  
Islamic Law ◽  
Legal Practice ◽  
Legal Writing ◽  
Islamic Jurisprudence ◽  
Legal Opinions

AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provinces of Egypt and Syria between the mid-sixteenth and mid-eighteenth centuries.

scholarly journals PEMAKAIAN OBAT SIKLUS HAID BAGI JAMAAH HAJI INDONESIA:

2016 ◽  
Vol 1 (1) ◽  
pp. 1-21
Author(s):  
Aspandi Aspandi
Keyword(s):  
Menstrual Cycle ◽  
Qualitative Data ◽  
Islamic Law ◽  
Research Data ◽  
Natural Cycle ◽  
Normative Approach ◽  
Library Research ◽  
Islamic Jurisprudence ◽  
Differences Of Opinion ◽  
Speed Up

In Islamic Jurisprudence literature, there are differences of opinion about the use of menstrual cycle drugs for women, to speed up and slow down menstruation. Menstruation is a natural cycle of blood loss for women which has implications for several restrictions in the implementation of worship. The implementation of the pilgrimage is considered valid if the requirements and harmony are met. Among the requirements of the pillars of pilgrimage that is sacred from small and large hadast. Many Indonesian pilgrims who have to use menstrual cycle medicine because it is feared will lose one of the conditions and pillars of pilgrimage, such as thowaf ifadhoh. The theoretical purpose of this research is as a discourse and knowledge about the use of menstrual medicine for the benefit of Muslims. The practical aim of this research is to provide knowledge for prospective Indonesian pilgrims, contributions and references about the review of Islamic Jurisprudence on the use of menstrual cycle drugs, how the implications of the use of menstrual cycle drugs on the implementation of Indonesian pilgrimage. This research is descriptive-analytical in nature, providing an explanation of the use of drugs to speed up, slow down menstruation and its implications for the implementation of the Indonesian pilgrimage. This study uses library research data collection techniques (library research), with qualitative data analysis, organizing the opinions of salafi and contemporary fuqaha related issues, sorting them into manageable units, synthesizing them, using a normative approach to the texts and the context of the texts, and drawing conclusions based on the rules of ushuliyah and qawaid fiqhiyah. In the perspective of Islamic law, there are differences of opinion about the ability to use menstrual cycle drugs, the first opinion allows and the second opinion does not allow. The use of menstrual medicine in the implementation of hajj is included in the allowed category because it contains an emergency element and provides rukhshoh (convenience) for pilgrims, if not using menstrual cycle drugs, many pilgrims will lose one of the pilgrimages such as towaf ifadhoh, because her menstrual data cannot be ascertained and known.

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.

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.

Critical Thinking and Its Implications for Contemporary Ijtihad

2010 ◽  
Vol 27 (4) ◽  
pp. 45-67
Author(s):  
Sayed Sikandar Shah ◽  
Mek Wok Mahmud
Keyword(s):  
Critical Thinking ◽  
Legal Theory ◽  
Dynamic Feature ◽  
Islamic Revival ◽  
Current State ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
Revival Movements ◽  
State Of Affairs ◽  
Islamic Civilization

As an intellectual process, critical thinking plays a dynamic role in reconstructing human thought. In Islamic legal thought, this intellectual tool was pivotal in building a full-fledged jurisprudential system during the golden age of Islamic civilization. With the solidification of the science of Islamic legal theory and the entrenchment of classical Islamic jurisprudence, this process abated somewhat. Recent Islamic revival movements have engendered a great zeal for reinstituting this process. The current state of affairs in constructing and reconstructing Islamic jurisprudence by and large do not, however, reflect the dynamic feature of intellectual thought in this particular discipline. Thus this article attempts to briefly delineate this concept, unveil the reality on the ground, and identify some hands-on strategies for applying critical thinking in contemporary ijtihad.

Islamic Law and Political Ideology

2016 ◽  
Vol 33 (1) ◽  
pp. 52-66
Author(s):  
Nesya Shemer
Keyword(s):  
Political Ideology ◽  
Islamic Law ◽  
The West ◽  
Process Of Change ◽  
Muslim Scholar ◽  
Methodological Principles

This article suggests a new way of looking at the preeminent methodological principles informing the oeuvre of Yusuf al-Qaradawi, the greatest Muslim scholar of our generation, specificallywith regard to his rulings for and about Muslims living in Europe.The case study presented here is taken from the field of Muslimprayer law, a field that has to date been subjected to very little research.By comparing the discussions of classical Muslim scholarson the topic with the new interpretations proffered by al-Qaradawi,one can notice the process of change undergone by the Shari‘ahconcerning prayer under extraordinary circumstances from Islam’searly days down to the present. We can also see how his politicaloutlooks have influenced his ruling on this issue and the discussionthereof among Muslims who do not reside in the West.

Islamic Law and the Environment in Indonesia

2015 ◽  
Vol 19 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Anna M. Gade
Keyword(s):  
Islamic Law ◽  
Local Level ◽  
Environmental Crisis ◽  
Environmental Harm ◽  
Nation State ◽  
Critical Gap ◽  
Legal Opinions ◽  
Environmental Messages

Based on research in Indonesia in 2010–2013, this essay explains how Muslims expect norms of Islamic law to mobilize religious response to environmental crisis. It surveys attempts since the 1990s to develop “environmental fiqh (Muslim jurisprudence)” in Indonesia, justified in theory by rationales such as that actions causing environmental harm stem ultimately from human moral failing, and also that human aims and activities, including those protected by Islamic law, require a healthy biosphere. Many Indonesians expect Islamic ecological rulings to fill a critical gap in global persuasion, and to be successful when other (non-religious) environmental messages fail. Considering several key fatwas (non-binding legal opinions given in answer to a question) from the local level to the national in Indonesia, this paper explains how law and “outreach” (Ind. dakwah) come together to cast Islamic law of the environment in terms of foundational causes and ultimate effects. These religious norms coexist with and complement other globalized constructions (such as those of the nation-state and NGOs) that they increasingly incorporate.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Sign in / Sign up

Export Citation Format

Share Document