scholarly journals Kritik Ibn al-Jauzi Terhadap Hadis dalam Kitab Ihya Ulum ad-Din dan Pembelaan Abu al-Fadl al-Iraqi

2021 ◽  
Vol 1 (1) ◽  
pp. 62-75
Author(s):  
A’an Mujibur Rohman
Keyword(s):  
Islamic Law ◽  
Great Book ◽  
Types Of Knowledge ◽  
The World ◽  
Ways Of Thinking ◽  
Attitude Behavior ◽  
Epistemological Framework

In the world of Islamic intellectuals, Al-Ghazali is one of the Sufistic figures who understands Islam very well. Arguments and ways of thinking about philosophy, monotheism and others were able to become a bridge for Muslims in that era. But apart from the intellectual prowess of al-Ghazali can not be separated from the criticism of his thinking. Some scholars at that time tried to criticize al-Ghazali's thoughts, especially about the hadith arguments that he used in Islamic law. Some scholars' considered that al-Ghazali used the hadith maudlu'. This is as seen in one of his monumental works, Ihya 'Ulum ad-Din, both for the purpose of at-targhib (providing motivation) and at-tarhib (scaring), and/or fadhail al-a'mal (the virtue of attitude/ behavior). It is interesting to briefly examine the epistemological framework of hadith in al-Ghazali's thought, which according to some scholars' has a tasahhul (loose) attitude in terms of hadith transmission, thus drawing criticism from some scholars and even orientalists, and the basis held by al-Ghazali in narrating and using hadiths that are af and even willing' quality, especially those related to haram and halal. However, this monumental book by al-Ghazali is considered a very great book in its era until now because it includes various types of knowledge.

Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 177-190
Author(s):  
Siti Rohmah ◽  
Ilham Tohari ◽  
Moh. Anas Kholish
Keyword(s):  
Islamic Law ◽  
World Market ◽  
Legal Certainty ◽  
Muslim Countries ◽  
The World ◽  
Constitutional Protections

This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusation that the Halal Product Guarantee Law is a product of authoritarianism that harms non-Muslims cannot be justified. Because the producers of food and medicine that are widely circulating in supermarkets and mini-markets in Indonesia are actually non-Muslim owners. Even with this halal certification, their products can enter the world market, especially in Muslim countries.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

Targeting Worship Places: “A Comparative Study on International Humanitarian Law and Islamic Law”.

2021 ◽  
Vol 39 (- 2) ◽  
Author(s):  
Syed Raza Shah Gilani ◽  
Muhammad Haroon Khan ◽  
Muhammad Haseeb
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The World ◽  
Religious Site

War and atrocities are not new to this world, Islamic law and IHL both have addressed this subject and have described the principle of warfare such as that the belligerents must minimize incidental harm to civilians and civilian objects including religious site, and that this limits the means and methods that they can use. Islamic law which comprises of sharia and fiqh discusses this subject but it is not codified. Islamic law has not yet been acknowledged when it comes to IHL -even article 38 recognizes general principles of nation as a source. Islam is the second largest religion in the world which mirrors the modern framework of IHL and is complementary to that regime.

Epistemic media and critical knowledge about the self: Thinking about algorithms with Habermas

2021 ◽  
pp. 089692052110441
Author(s):  
Eran Fisher
Keyword(s):  
Digital Media ◽  
Historical Perspective ◽  
The Self ◽  
Theory Of Knowledge ◽  
Digital Platforms ◽  
Self Reflection ◽  
Types Of Knowledge ◽  
Critical Knowledge ◽  
The World ◽  
History Of

This article explores the ontology of personal knowledge that algorithms on digital media create by locating it on two axes: historical and theoretical. Digital platforms continue a long history of epistemic media—media forms and practices, which not only communicate knowledge, but also create knowledge. As epistemic media allowed a new way to know the world, they also facilitated a new way of knowing the self. This historical perspective also underscores a key difference of digital platforms from previous epistemic media: their exclusion of self-reflection from the creation of knowledge about the self. To evaluate the ramifications of that omission, I use Habermas’s theory of knowledge, which distinguishes critical knowledge from other types of knowledge, and sees it as corresponding with a human interest in emancipation. Critical knowledge about the self, as exemplified by psychoanalysis, must involve self-reflection. As the self gains critical knowledge, deciphering the conditions under which positivist and hermeneutic knowledges are valid, it is also able to transform them and expand its realm of freedom, or subjectivity. As digital media subverts this process by demoting self-reflection, it also undermines subjectivity.

scholarly journals Ethical Issues of Organ Transplantation in Islam

1970 ◽  
Vol 21 (1) ◽  
pp. 97-103
Author(s):  
M Mostafa Kamal
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Islamic Law ◽  
Ethical Issues ◽  
Ethical Framework ◽  
Value Systems ◽  
Proxy Consent ◽  
Advantages And Disadvantages ◽  
The World ◽  
The Impact

Scientists and clinicians must become familiar with the factors that affect the emotional, physical, and spiritual health of their patients that are outside the ken of the traditionally dominant value systems. Although many researchers have addressed the cultural and ethnical factors, very few have considered the impact of religion. Islam, as the largest and fastestgrowing religion in the world, has adherents throughout the world, presents a complete moral, ethical, and medical framework, while it sometimes concurs conflicts with the conventional and secular ethical framework. This paper introduces to the Islamic principles of ethics in organ transplantation involving human subject to address issues of religion and religious ethics. Historical reflections are discussed as to why Muslim thinkers were late to consider contemporary medical issues such as organ donation. Islam respects life and values need of the living over the dead, thus allowing organ donation to be considered in certain circumstances. The sources of Islamic law are discussed in brief to see how the parameters of organ transplantation are derived. The Islamic perception, both Shiite and Sunni, is examined in relation to organ donation and its various sources. The advantages and disadvantages of brain dead and cadaveric donation are reviewed with technical and ethical considerations. The Islamic concept of brain death, informed and proxy consent are also discussed. The concept of rewarded donation as a way to alleviate the shortage of organs available for transplantation is assessed.    doi: 10.3329/taj.v21i1.3230 TAJ 2008; 21(1): 97-103

scholarly journals Transaksi Kewangan Secara ‘Online’ Menurut Undang-Undang Keterangan Islam di Malaysia: Isu dan Cabaran

2019 ◽  
pp. 113-127
Author(s):  
Wan abdul fattah Wan ismail ◽  
Ahmad Syukran Baharuddin ◽  
Fuadah Johari ◽  
Muhammad Aunurrochim Mas’ad
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Qualitative Content Analysis ◽  
Analysis Approach ◽  
Financial Transaction ◽  
The World ◽  
Law Of Evidence

Online financial transaction is not new to the world and has been widespread into Malaysia. It has been applied in various matters including financial. Yet, there are still several issues that need to be clarified within the contekxt of Islamic Law of Evidence in Malaysia. This study gathered relevant data which have been obtained through qualitative content analysis approach towards related reported cases, statutes, and literature. As from the perspectives of Islamic Law of Evidence in Malaysia this paper discusses the concept of online financial transaction and its admissibility, verification procedure of online transaction. It also explains on the issues and challenges behind the application of this kind of transaction. All in all, this study highlights on the completeness of Islam in prividing solution of current issues despite of the changes of time, era, and technology as can be seen in the discussion related to online financial transaction.   Abstrak Transaksi kewangan secara ‘online’ bukanlah suatu yang baru kepada dunia dan telah tersebar sehingga ke Malaysia. Ia telah diaplikasikan dalam pelbagai urusan termasuklah kewangan. Namun, terdapat beberapa isu yang perlu diperjelaskan dalam konteks Undang-Undang Keterangan Islam di Malaysia. Kajian ini mengumpulkan data-data yang relevan diperolehi dari pendekatan analisis kualitatif terhadap kes-kes yang dilaporkan, statut-statut, dan kesusasteraan yang berkaitan. Melalui perspektif Undang-Undang Keterangan Islam di Malaysia, kajian ini membincangkan konsep transaksi kewangan secara ‘online’ dan penerimaannya. Ia juga menjelaskan isu-isu dan cabaran di sebalik pengaplikasian transaksi jenis ini. Secara keseluruhannya, kajian ini menyerlahkan kesyumulan Islam dalam memberi penyelesaian terhadap isu-isu terkini sekalipun berlaku perubahan zaman, masa dan teknologi seperti yang dapat dilihat melalui perbahasan berkenaan transaksi kewangan secara ‘online’.

scholarly journals The Study of The Validity of The Surface Structure of Holy Quran

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Esmaeil Rezaei
Keyword(s):  
Data Collection ◽  
Surface Structure ◽  
Islamic Law ◽  
Current Paper ◽  
Data Collection Tool ◽  
Human Reason ◽  
Human Happiness ◽  
The World ◽  
Holy Quran ◽  
The Holy Quran

The validity of the surface structure of the Holy Qur'an is one of the most important Qur'anic debates, which also affects the issues of Islamic law. The meaning of surface structure of the Qur'an is that the surface structure of the Qur'an is understandable to every reader and listener, as well as any human text, and that which man understands the surface structure of the Qur'an by means of verbal and illogical indications. The current paper examines the validity of the surface structure of the Holy Quran, following expanding the conceptual subject of the research.  Given the thematic documents presented, this is a descriptive-analytical paper with library sources data collection tool. The findings indicate that: The most important reason for believing in the validity of the Holy Qur'an surface structure is that this holy scripture includes the plan of human happiness in the world and the Hereafter. Therefore, if the surface structure of the Holy Quran is not justified, how one can use its surface structure to answer difficult questions that limited human reason is incapable of answering. In addition, the Holy Qur'an, although revelation and has been revealed by God, but because it is revealed in the form of words, it is governed by the principles and rules governing all languages, among which are the validity of their surface structure for those familiar with the language. Keabsahan struktur permukaan Al-Qur'an adalah salah satu perdebatan Al-Qur'an yang paling penting karena  mempengaruhi masalah hukum Islam. Makna struktur permukaan Al-Qur'an adalah bahwa struktur permukaan Al-Qur'an dapat dipahami oleh setiap pembaca dan pendengar, serta teks manusia mana pun, dan apa yang dipahami manusia oleh struktur permukaan Al-Qur'an dengan cara indikasi verbal dan tidak logis. Penelitian ini  meneliti validitas struktur permukaan Al-Qur'an, dengan memperluas subjek konseptual penelitian. Mengingat dokumen tematik yang disajikan, pendekatan deskriptif-analitis dengan alat pengumpulan data sumber perpustakaan. Temuan menunjukkan bahwa: alasan paling penting untuk percaya pada validitas struktur permukaan Al-Qur'an adalah bahwa kitab suci ini mencakup rencana kebahagiaan manusia di dunia dan akhirat. Karena itu, jika struktur permukaan Al-Qur'an tidak benar, bagaimana seseorang dapat menggunakan struktur permukaannya untuk menjawab pertanyaan-pertanyaan sulit yang membatasi akal manusia. Selain itu, Alquran, meskipun wahyu dari Allah,  tetapi karena diturunkan dalam bentuk kata-kata, diatur oleh prinsip dan aturan yang mengatur semua bahasa, di antaranya adalah validitas struktur permukaan untuk mereka yang terbiasa dengan bahasa.

scholarly journals Kebutuhan Kompetensi Dakwah Healing Dan Konseling di Dunia Kerja

2011 ◽  
Vol 1 (1) ◽  
pp. 29
Author(s):  
Radhiya Bustan
Keyword(s):  
Higher Education ◽  
Human Resources ◽  
Islamic Law ◽  
Educational Institutions ◽  
Counseling Program ◽  
Study Program ◽  
The World ◽  
Spiritual Counselor ◽  
Teaching Curriculum ◽  
Working World

There is a gap between the outcomes of higher education and the demands of competence in the workplace (Observation Teichler, 1997, 1999; Yorke and Knight, 2006). It is necessary to anticipate and evaluation conducted by the universities to the needs of the working world of the competence of its graduates. For this reason, preaches study program of Healing and Counseling at University of Al Azhar Indonesia needs to put through research, whether Healing and Counseling Program will be able to achieve the vision of its mission into educational institutions that can print a preacher who can do the required counseling Islam in society and the world of work today . This study aims for Healing and Counseling Studies Program to conduct an evaluation of the competencies needed by the real world of work in society and to adapt appropriate teaching curriculum. The results showed that the competence of graduates of Healing and Counseling Program UAI was needed in the world of work and competence in the appropriate field for Healing and Counseling is generally associated with human resources (HR) or Human Resources Department, namely as a counselor, therapist, spiritual counselor / preachers, volunteers for various family problems, physical, educational, religious, Islamic law, and violence.

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

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