Ijtihad by Ra’y

2007 ◽  
Vol 24 (1) ◽  
pp. 73-95
Author(s):  
Saim Kayadibi
Keyword(s):  
Historical Perspective ◽  
Direct Relationship ◽  
Islamic Law ◽  
Early History ◽  
History Of

This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the concept of ijtihad (independent effort) and ra’y (juristic opinion), both of which played an enormous role in the development of Islamic law. Ijtihad by ra’y (personal judgment in juridical judgment) has been practiced from the time of the Prophet, as reflected in several hadiths narrated by Mu`adh ibn Jabal (d.18/640). The Prophet taught him how to use personal discretion and encouraged the Companions to undertake ijtihad by ra’y with regard to various issues. The criteria of personal judgment in istihsan indicate a direct relationship between istihsan and ijtihad by ra’y. The nature of istihsan, the wisdom behind it, and the wisdom of its use is quite considerable. As istihsan is considered a product of ijtihad, it represents simplicity, ease, and the lifting of difficulties. If the resulting qiyas (analogy) is not in keeping with the Shari`ah’s spirit, then the ruling of similarities should be abandoned in order to give a ruling according to the special evidence that justifies its spirit. The definitions of istihsan, ijtihad, and ra’y; the historical perspective of ra’y; the validity of ijtihad and its implementation at the time of the Prophet and the Companions; and the practices of ijtihad in terms of istihsan among the Companions are all explored in this paper.

Ijtihad by Ra’y

2007 ◽  
Vol 24 (1) ◽  
pp. 73-95
Author(s):  
Saim Kayadibi
Keyword(s):  
Historical Perspective ◽  
Direct Relationship ◽  
Islamic Law ◽  
Early History ◽  
History Of

This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the concept of ijtihad (independent effort) and ra’y (juristic opinion), both of which played an enormous role in the development of Islamic law. Ijtihad by ra’y (personal judgment in juridical judgment) has been practiced from the time of the Prophet, as reflected in several hadiths narrated by Mu`adh ibn Jabal (d.18/640). The Prophet taught him how to use personal discretion and encouraged the Companions to undertake ijtihad by ra’y with regard to various issues. The criteria of personal judgment in istihsan indicate a direct relationship between istihsan and ijtihad by ra’y. The nature of istihsan, the wisdom behind it, and the wisdom of its use is quite considerable. As istihsan is considered a product of ijtihad, it represents simplicity, ease, and the lifting of difficulties. If the resulting qiyas (analogy) is not in keeping with the Shari`ah’s spirit, then the ruling of similarities should be abandoned in order to give a ruling according to the special evidence that justifies its spirit. The definitions of istihsan, ijtihad, and ra’y; the historical perspective of ra’y; the validity of ijtihad and its implementation at the time of the Prophet and the Companions; and the practices of ijtihad in terms of istihsan among the Companions are all explored in this paper.

‘The Stuff of Slow Constitution’: Reading Down Syndrome for Race, Disability, and the Timing that Makes Them So

Somatechnics ◽  
2016 ◽  
Vol 6 (2) ◽  
pp. 235-248 ◽  
Author(s):  
Mel Y. Chen
Keyword(s):  
Down Syndrome ◽  
Trisomy 21 ◽  
Historical Perspective ◽  
Early History ◽  
Present Moment ◽  
History Of ◽  
Living Being

In this paper I would like to bring into historical perspective the interrelation of several notions such as race and disability, which at the present moment seem to risk, especially in the fixing language of diversity, being institutionalised as orthogonal in nature to one another rather than co-constitutive. I bring these notions into historical clarity primarily through the early history of what is today known as Down Syndrome or Trisomy 21, but in 1866 was given the name ‘mongoloid idiocy’ by English physician John Langdon Down. In order to examine the complexity of these notions, I explore the idea of ‘slow’ populations in development, the idea of a material(ist) constitution of a living being, the ‘fit’ or aptness of environmental biochemistries broadly construed, and, finally, the germinal interarticulation of race and disability – an ensemble that continues to commutatively enflesh each of these notions in their turn.

خاتم النبيين والهجمات الخارجية The Last Prophet and External Attacks

2014 ◽  
Vol 10 (2) ◽  
pp. 16
Author(s):  
أسماء أكلي (Asmaa Akli) ◽  
وراضية باشوش (& Radhia Bachouch)
Keyword(s):  
Islamic Law ◽  
Early History ◽  
Muslim World ◽  
Ethical System ◽  
History Of ◽  
Objective Research ◽  
Research Studies

تناول هذا البحث بالدراسة واحدة من أهم معضلات العالم الإسلامي وهي الاعتداء على رموزه من خلال سب نبيها محمد  والاستهزاء به، فكان من الواجب أن يكون هناك بحث موضوعي يرد ويسدد ويوجه مسار مواجهة هذه التعديات، فجاء هذا البحث موضحا أحد أساليب مواجهة الدعوة في القديم والحديث، مبينا مخالفتها للنظم والمعايير الأخلاقية والذوق الحضاري، وبيان حكمها ليس في التشريع الإسلامي فقط، وإنما في الدساتير والمواثيق الدولية. وقد خلصت الدراسة إلى بيان أساليب الرد في الصدر الأول من الإسلام، وكذلك  زمن الصحابة رضي الله عنهم، والعصر الحاضر، منتهية باقتراح خطة حكيمة لصد هذا العدوان.*****************************************************This research studies one of the main problems of the Muslim world which is the attack on its symbols by insulting and mocking the Prophet Muhammad (s.a.w.). There is an urgent need of an objective research on this subject that should respond, correct, and direct the course of facing these attacks. This research focuses on one of the methods used in both old and new propagation, explaining how it is in conflict with the ethical system and standards and civilizational decency, and elaborating its ruling which is not only in Islamic law, but also in the international covenants and conventions. The study includes discussion of the methods of rebuttal as found in the early history of Islam, during the time of ØaÍÉbah, and the present era, proposing a wise plan to repel this aggression.

VISUAL COMMUNICATION OF THE TRADITIONAL HOUSE IN NEGERI SEMBILAN

2018 ◽  
Vol 5 (2) ◽  
pp. 112-123
Author(s):  
Mohd Haizra Hashim ◽  
Abdul Mu’ati Zamri Ahmad ◽  
Muhammad Pauzi Abdul Latif ◽  
Mohd Yazid Mohd Yunos
Keyword(s):  
Visual Communication ◽  
Islamic Law ◽  
Early History ◽  
Islamic Art ◽  
Structural Elements ◽  
History Of ◽  
Surrounding Space ◽  
The Relationship ◽  
Selection Of

Visual communication in architecture is a genuine aspiration in realizing the relationship between the Malays and other communities. The composition of the models in this communication is very well organized and will remain relevant to be developed from time to time. It is an observation on the symbols, types of motifs and design aspects of the carvings, also the structural elements in the Malay architecture of Negeri Sembilan. This also comprises the study of the chronology of the early history of the Malay architecture of Negeri Sembilan which has its linkages with the Islamic art. Emphasis is given to the diversity in the carving characteristics as a comparison regarding historical, cultural and environmental backgrounds. The delicacy of the craftsmanship among Malay carvers in Negeri Sembilan is reflected in their maturity and ability to fuse traditional elements and Islam. Symbols that have motifs in the carvings result from the carvers' observation and experience. The selection of these motifs is carefully made to ensure that they are the Islamic teachings and not deviating with the Islamic law. Carvings in the Malay architecture of Negeri Sembilan are also crafted with an aim to beautify a piece of architecture made of various motifs. Those carved parts are always assured to maintain the balance with the surrounding space. Floral motifs are often combined with cosmic or geometrical motifs. In many cases, plant-based motifs are also prevalence translated into carvings. This is a tribute from the Malay carvers to beauty, perfection, and harmony of nature.

scholarly journals The problem of anomalous (shazz) fatwas in Islamic Law

2021 ◽  
Vol 14 (2) ◽  
pp. 411-424
Author(s):  
M. A. Аl-Zahrawi ◽  
R. A. Gizzatullin
Keyword(s):  
Common Sense ◽  
Islamic Law ◽  
Early History ◽  
Primary Sources ◽  
Modern Times ◽  
History Of

Based on the analysis of Sunni jurists’ classical and modern works, the article considers the provision on abnormal (shazz) fatwas – religious decisions that contradict either the unambiguous provisions of the sacred primary sources, or the agreed position of authoritative theologians (ijma’), or the goals (maqasid) of sharia or of a common sense. The work provides various examples of such fatwas in the early history of Islam, the era of the formation of classical theological and legal schools of thought (madhhabs) and modern times. In conclusion there is information about the reaction and attitude of the mufti, who issued the abnormal fatwa, to the case of a mistake revelation. Moreover, the article provides the explanation of his actions being legal or illegal due to his abnormal theological and legal decisons.

VISUAL COMMUNICATION OF THE TRADITIONAL HOUSE IN NEGERI SEMBILAN

2017 ◽  
Vol 5 (2) ◽  
pp. 112
Author(s):  
Mohd Haizra Hashim ◽  
Abdul Mu’ati Zamri Ahmad ◽  
Muhammad Pauzi Abdul Latif ◽  
Mohd Yazid Mohd Yunos
Keyword(s):  
Visual Communication ◽  
Islamic Law ◽  
Early History ◽  
Islamic Art ◽  
Structural Elements ◽  
History Of ◽  
Surrounding Space ◽  
The Relationship ◽  
Selection Of

Visual communication in architecture is a genuine aspiration in realizing the relationship between the Malays and other communities. The composition of the models in this communication is very well organized and will remain relevant to be developed from time to time. It is an observation on the symbols, types of motifs and design aspects of the carvings, also the structural elements in the Malay architecture of Negeri Sembilan.This also comprises the study of the chronology of the early history of the Malay architecture of Negeri Sembilan which has its linkages with the Islamic art. Emphasis is given to the diversity in the carving characteristics as a comparison regarding historical, cultural and environmental backgrounds. The delicacy of the craftsmanship among Malay carvers in Negeri Sembilan is reflected in their maturity and ability to fuse traditional elements and Islam. Symbols that have motifs in the carvings result from the carvers' observation and experience.The selection of these motifs is carefully made to ensure that they are the Islamic teachings and not deviating with the Islamic law. Carvings in the Malay architecture of Negeri Sembilan are also crafted with an aim to beautify a piece of architecture made of various motifs. Those carved parts are always assured to maintain the balance with the surrounding space. Floral motifs are often combined with cosmic or geometrical motifs. In many cases, plant-based motifs are also prevalence translated into carvings. This is a tribute from the Malay carvers to beauty, perfection, and harmony of nature. 

The Place for Others in Islam

2008 ◽  
Vol 3 (1) ◽  
pp. 98-123
Author(s):  
Ahmet AliIbasic
Keyword(s):  
Theoretical Basis ◽  
Religious Freedom ◽  
Islamic Law ◽  
Early History ◽  
The Other ◽  
Mutual Support ◽  
Normal Functioning ◽  
God's Will ◽  
History Of ◽  
Solid Foundation

The following article deals with the place of the other in Islamic sources and law. It first elaborates general Qur‘anic principles and precedents from the early history of Islam that might serve as a theoretical basis for co-existence in Islam. Those include co-existence as God‘s will, supremacy of justice over religious formalism, separation of legitimacy of the other, and belief in the correctness of his/her views, and less-known examples of cooperation and mutual support between the Prophet Muhammad and pagans of Mecca. The second part surveys norms of Islamic law that provide for protection of non-Muslims‘ life, property, religious freedom, legal autonomy, and social justice and security. The overall aim of the study is to show that even classical Islamic law provides solid foundation for normal functioning of multi-religious societies.

1 The Historical Origins of the ‘Penalty’ Rule

2018 ◽  
Author(s):  
Halson Roger
Keyword(s):  
Historical Perspective ◽  
Common Law ◽  
Early History ◽  
Appellate Courts ◽  
High Court ◽  
The Supreme Court ◽  
History Of ◽  
Penalty Clauses ◽  
The Uk ◽  
High Court Of Australia

The penalty doctrine has recently been subject to extensive review in the highest appellate courts of the Supreme Court of the UK and the High Court of Australia. Despite the agreement between senior appellate tribunals in the two major common law jurisdictions on the importance of a historical perspective, both propose subtly different historical analyses to justify very different conclusions about the ambit of the modern common law jurisdiction to set aside so-called penalties. This disagreement makes necessary an investigation of the history of the control of penalty clauses back to its earliest origins, in order to understand the modern doctrine. This chapter discusses the early history prior to 1600, later history from 1600 to 1915, and the case of Dunlop Pneumatic Tyre Co v New Garage and Motor Co (1915).

scholarly journals In the state administration system of Indonesia: No space for Khilafah!

2021 ◽  
Vol 77 (3) ◽  
Author(s):  
Priyo Handoko ◽  
Anis Farida
Keyword(s):  
Islamic Law ◽  
Early History ◽  
Legal Research ◽  
Conceptual Approach ◽  
Developed Country ◽  
Administration System ◽  
Road Map ◽  
State Administration ◽  
History Of ◽  
Constitutional System

This study aims at reducing, and even eliminating, the thoughts of small Muslim groups in Indonesia, which state that the replacement of Pancasila as a Khilafah will raise the Indonesian state to become a developed country. This study uses a normative legal research methodology with two approaches: a historical and a conceptual approach. The historical approach was used to review the history of the implementation of the Khilafah system in Islam and the early history of the emergence of Pancasila as a national government system. Meanwhile, the conceptual approach was used as a road map to examine the Khilafah and Pancasila concepts in the constitutional system. The results of this study revealed that Pancasila represents the Indonesian nation’s ideology, which is in tune with Islamic law, and can answer all the needs of its people. Through Pancasila, the Indonesian people can live in harmony amidst existing pluralism. Therefore, there is no space for ideology other than Pancasila to fill and become the foundation of the Indonesian nation.Contribution: This article attempts to answer Muslim people’s doubts with extremist ideology who want to change Pancasila into Khilafah. No movement seeks to change the Pancasila government system with other government systems.

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