scholarly journals USUL AL-FIQH: ITS EPISTEMOLOGY, PURPOSE, AND USE

2021 ◽  
Vol 19 (1) ◽  
pp. 1-15
Author(s):  
Rasyid Al-Hafizh ◽  
Fachrul Rozy . ◽  
Zaim Rais
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Issues ◽  
Islamic World ◽  
World Community ◽  
Essential Function

The study of Usul Fiqh only feels essential when it deals with different problems whose orders it executes not involve in the offer of the old Fiqh. Besides that, with the rising number of participants of comparative school legislation alike to discover out which idea is more powerful, since closely as the effort to transform Islamic rule, it will increase appeared in how urgent the role of Ushul Fiqh is. The paper tries to present this discussion to suggest the relevance of this idea of Fiqh in dealing with legal issues dealt with by Muslims who sometimes put on nonessential issues. The author organized research with a comparative descriptive analysis. This study organized a view of the works of Usul Fiqh along with the rules contained there in along with the development of Usul Fiqh and its benefits from time to time. The authors identify that Ushul Fiqh plays a highly considerable position in the improvement of Islamic law. Not merely that, Usul Fiqh, the essential function of Usul Fiqh, is to improve someone to find out the rules they take based on syar'i arguments, so that they do not rely very often on considering other people whose bases they do not have. There are not a few obstacles in the Islamic world community with the presence of discoveries by scientists who require answers and confidence of Islamic law.

scholarly journals Сведения о Шихаб ад-Дине ал-Марджани в дагестанских рукописях в контексте дискуссий об иджтихаде в первой трети ХХ в.

Islamology ◽  
2019 ◽  
Vol 9 (1-2) ◽  
pp. 95
Author(s):  
Shamil Shikhaliev
Keyword(s):  
Intellectual History ◽  
20Th Century ◽  
Islamic Law ◽  
Legal Issues ◽  
Legal Tradition ◽  
Islamic World ◽  
Arabic Script ◽  
History Of

The article is devoted to the references to the Tatar scholar Shihabaddin Mardjani in the Dagestani Arabic-script manuscripts written in the first third of the 20th century. Daghestani scholars noted the important role of Mardjani and his works in the intellectual history of Islam. For this reason, they travelled to Kazan to get an acquaintance with him and copied his works. Dagestani scholars wrote reviews on his works as well as dedicated poems to Mardjani himself. Later, the name Mardjani entered the Dagestani legal tradition in the framework of debates on taqlid and ijtihad. Along with classical Arab scholars, the name of Mardjani has been often referred in Daghestani manuscripts on the theory of Muslim Law. Althoug Dagestani Muslim jurists held different views on issues of taqlid and ijtihad, each of them interpreted the ideas of Mardjani on Islamic legal issues in his own way. Regardless of their preferences in the matters of theory of Islamic law, Dagestani scholars highly valued the authority of Mardjani as a one of the major scholars in the Islamic World.

The Muslim and the Law: A Brunei Experience

2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin
Keyword(s):  
Islamic Law ◽  
Critical Factor ◽  
Legal Issues ◽  
Core Element ◽  
The Core ◽  
Ideal System ◽  
The Law ◽  
Islamic Values

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals The Analysis of Islamic Law Maqosid on the Role of Women in Improving Family Welfare

2020 ◽  
Vol 20 (2) ◽  
pp. 167-180
Author(s):  
Zeni Sunarti ◽  
Muhamad Hasan Sebyar
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Economic Structure ◽  
Family Welfare ◽  
Economic Welfare ◽  
Analysis Method ◽  
Participation Of Women ◽  
The Family ◽  
Role Of Women

Abstract: The participation of women at work domain, does not only contributes in changing the mindset and economic structure of a region, but also has contributed greatly to family welfare. This research uses descriptive analysis method to analyze and describe the role of women in improving the economic welfare of the family in the perspective of maqashid syariah. Based on the results of the research, it is found that the implication is that the role of women is very positive in improving family welfare and in accordance with the objectives of Islam,; falah (prosperous in the world and the hereafter), and in accordance with the five main elements that must be maintained in Islam, namely hifz ad-din, hifz an. -nafs, hifz al-aql, hifz an-nasl, and hifz al-mall. Keywords: Islamic law, the role of women, family welfare.   Abstrak: Partisipasi peran perempuan dalam dalam dunia kerja tidak hanya berkontribusi terhadap berubahnya pola fikir dan tatanan perekonomian suatu daerah, akan tetapi juga telah memberikan kontribusi yang besar terhadap kesejahteraan keluarga. Penelitian ini menggunakan metode analisis deskriptif untuk menganalisis dan mendiskripsikan peran perempuan dalam peningkatan kesejahteraan ekonomi keluarga perspektif maqashid syariah. Berdasarkan dari hasil penelitian, ditemukan implikasi bahwa peran perempuan sangat positif dalam meningkatkan kesejahteraan keluarga dan  sesuai dengan tujuan Islam yaitu falah (sejahtera dunia dan akhirat), serta sesuai dengan lima unsur pokok yang harus dijaga dalam islam, yakni hifz ad-din, hifz an-nafs, hifz al-aql, hifz an-nasl, dan hifz al-mall. Kata-kata kunci: hukum Islam, peran perempuan, kesejahteraan keluarga.

scholarly journals The Comparison of Adopted-Children and Biological-Children in Inheritance According to “Mbaham” Tribe The Customary Law and Islamic Law of as Well as The Role of The Notary in The Making of Inheritance Agreement

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 591
Author(s):  
Dikha San Mahresi ◽  
Akhmad Khisni
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Gathering ◽  
Secondary Data ◽  
Customary Law ◽  
Adopted Children ◽  
The Public ◽  
Biological Children

The legal system or the rules of “Mbaham” tribe customs in Fak-Fak town Papua and Islamic legal system headed for the adopted-children and biological children about the inheritance can be compared, because both of these rules can be different systems and can also be the same, especially in determining the rights of each child's portion. It also refers to a notary whose position has specific tasks to do the agreement of inheritance when the heirs want the services of a notary. The main problems of the research as follows; one, how the comparison of the adopted-children's and the biological children’s rights in inheritance according to “Mbaham” tribe customary law and Islamic law as well as the role of the public notary in the creation of the certificate. Second, what is the equality of the rights of biological  children and adopted-children in the inheritance according to the customary law of Mbahan tribe and Islamic law. Third, what is the difference of the rights of biological children and adopted children in the inheritance according to the customary law of “Mbaham” tribe and Islamic law. This research used a juridic empirical approach, with the specification research of descriptive analysis. The type and source of data which were used, namely primary and secondary data and the techniques of data gathering was the primary, secondary, and tertiary data. This research also used qualitative analysis to analyze the data. The results of this research showed that, Islamically the system was Individual, where the inheritance became the property of the class who has been defined in the provisions of Islamic law based on bilateral kinship. Being in the customs of “Mbaham” tribe was not necessarily because it could accept Islamic law as the guideline, but sometimes, it differed in accordance with custom. For the role of the public notary can be used in the manufacture of the agreement of inheritance when the heirs want to disburse the funds stored in the bank. The consequences of the law which was happened headed for the adopted-children and biological children was both still get each inheritance, but all were depended on the provisions within the follow, whether the customary law or Islamic law. The notary could give advice and help the beneficiary in the making of inheritance agreement.Keywords: Comparison; Inheritance; Notary

scholarly journals Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law

2018 ◽  
Vol 2 (2) ◽  
pp. 153-165
Author(s):  
Gibtha Wilda Permatasari ◽  
Yuliati Yuliati ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Research Journal ◽  
The Law

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

scholarly journals Los animales en los textos sagrados del Islam

1999 ◽  
Author(s):  
Aurora Ribagorda Calasanz
Keyword(s):  
Special Interest ◽  
Islamic Law ◽  
Artistic Creation ◽  
Islamic World ◽  
Islamic Religion

A través de los textos sagrados del Islam, fundamentalmente el Corán y la Sunna, este trabajo quiere subrayar la importancia del animal en el contexto religioso islámico. También se consideran las interpretaciones de la ley y el pensamiento jurídico de las diferentes escuelas, con especial atención al derecho islámico en al- Andalus. Finalmente se aborda el problema de la creación artística y la representación figurativa de seres vivos bajo el punto de vista de su fundamento jurídico y religioso. La conclusión remitirá a un hecho: la indisoclabllidad entre hombre y animal en el mundo islámico.Studying the sacred tests of Islam, bassicaily the Koran and the Sunna, this work Intends to show the important role of the animáis in the worid of islamic religión. Considerations are also made about this role in regard with the islamic laws and its different interpretations and judicial doctrines foilowing the differents schools. Special Interest is brought to the islamic law in al-Andalus. Finally this work deals with artistic creation and representation oflive beings submitted to the religious and judicial rules of Islam. A conclusión wiil be underlined: the very closed links between men and animáis in the islamic world.

scholarly journals عقد الزواج وما يتعلق به من الوسائل المستحدثة

2017 ◽  
Vol 17 (2) ◽  
pp. 175
Author(s):  
Fadlolan Musyaffa'
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
The Internet ◽  
Direct Communication ◽  
Marriage Contract ◽  
The Law ◽  
Modern Tool

<p>A mujtahid has an important role in answering legal issues that arise in the community. His position is to replace the role of the prophet in exposing and explaining the law of God in the nash. This article attempts to discuss the terms of the Mujtahids according to the scholars of Islamic law and the possibility of reaching these conditions in the present. The majority of contemporary scholars allow the ceremony of marriage with modern means of direct communication, as well as through modern means such as computers and the internet that can mutually make marriage contract. Now, there is modern tool through a visual phone that can display images of all components that make contract who can listen to each other and see between the two people who perform the contract and witnessed both witnesses, then the contract is valid, because it has qualified and get along in the marriage contract.<br />---<br /><br />Seorang mujtahid memiliki peranan penting dalam menjawab permasalahan hukum yang muncul dimasyarakat. Karena pentingnya peran mujtahid tersebut, diperlukan syarat-syarat dalam berijtihad agar ijtihadnya benar dan sesuai kehendak Allah. Tulisan ini mencoba membahas syarat-syarat mujtahid menurut para ulama hukum Islam serta kemungkinan meraih syarat-syarat tersebut pada masa sekarang ini. Mengingat akad nikah memiliki spesifikasi yang khusus dan unik disbanding dengan akad-akad lain, maka terjadi khilaf antara ulama tentang kemungkinan akad melalui sarana komunikasi yang terbarkan. Mayoritas ulama kontemporer memperbolehkan akad nikah dengan sarana komunikasi modern langsung, maupun melalui sarana modern seperti komputer dan internet yang bisa saling melakukan akad nikah.Apalagi sekarang telah ditemuakan alat modern melalui telepon visual yang bisa menampilkan gambar semua komponen yang melakukan akad yang bisa saling mendengarkan suara dan melihat antar kedua orang yang melakukan akad serta disaksikan kedua orang saksi, maka akad tersebut adalah sah, karena telah memenuhi syarat dan rukun dalam akad nikah.</p><p> </p>

scholarly journals Fungsi dan Peran Konseling Islam Dalam Pendidikan

2019 ◽  
Vol 3 (1) ◽  
pp. 33
Author(s):  
Abdurrahman Abdurrahman
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Islamic Education ◽  
Educational Role ◽  
The World ◽  
Practice Development

This article discusses the functions and important role of Islamic counseling in education. The method used is descriptive analysis, by exploring all the resources related to Islamic counseling as a means of education. Islam is the Shari'a of Allah for humans, with the provision of the Shari'a that humans worship as a form of realization to serve Allah SWT. In order for humans to be able to bear and realize the great mandate, the Shari'a requires practice, development and formation known as Islamic education. Of course there will be no realization of Islamic law without any effort to forge themselves, and for that we need an educational role to be introduced from generation to generation. Islamic counseling greatly contributes greatly to education. Islam as a religion full of divine values will give a positive value in the world of education. That way, Islamic counseling plays an important role in the world of education. Humans who basically really understand the values of Godhead that are within them.

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