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.

Islamic Law and Society

1990 ◽  
Vol 7 (2) ◽  
pp. 177-191
Author(s):  
Louay M. Safi
Keyword(s):  
Composite System ◽  
Islamic Law ◽  
Legal Theory ◽  
Fifth Century ◽  
Muslim Community ◽  
Social Growth ◽  
The Social ◽  
Collective Experience ◽  
Law And Morality ◽  
The Impact

Shari'ah (Islamic law) has been the dominant moral and legal code ofMuslim societies for the gnxter part of their history. During the early centuriesof Islam, Shari'ah hcilitated the social growth and develojment of the Muslims,growth that culminaa in the establishment of a vast emph and an outstandmgcivilization. By the close of the fifth century of Islam, however, Shari'ahbegan to lose its role as the guiding force that inspired Muslim creativityand ingenuity and that nurtured the growing spirit of the Muslim community(Ummah). Consequently, the Ummah entered a period of stagnation thatgradually gave way to intellectual decline and social decadence. Regrettably,this painful trend continues to be more or less 'part of the individualconsciousness and collective experience of Muslims.This paper attempts to trace the development of the principles of Islamicjurisprudence, and to assess the impact of Shari'ah on society. It argues thatthe law ceased to grow by the sixth century of Islam as a result of thedevelopment of classical legal theory; more specifically, law was put on hold,as it were, after the doctrine of the infallibility of ijma' (juristic consensus)was articulated. The rigid principles of classical theory, it is contended, havebeen primarily induced by the hulty epistemology employed.by sixth-centuryjurists.Shari'ah, or Islamic law, is a comprehensive system encompassing thewhole field of human experience. It is not simply a legal system, but rathera composite system of law and morality. That is, Islamic law aspires to regulateall aspects of human activities, not only those that may entail legalconsequences. Hence, all actions and relationships are evaluated in accordancewith a scale of five moral standards.According to Shari'ah, an act may be classified as obligatory (wajib),recommended (mandub), permissible (mubah), reprehensible (makruh), orprohibited (haram). These five categories reflect the varying levels of moral ...

scholarly journals Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam

2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti
Keyword(s):  
Social Change ◽  
Social System ◽  
Social Dynamics ◽  
Islamic Law ◽  
Social Changes ◽  
Cultural Objects ◽  
The Road ◽  
The Social ◽  
Rapid Changes ◽  
The Law

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.

scholarly journals La historia y la postmodernidad

1999 ◽  
Author(s):  
Rafael Vidal Jiménez
Keyword(s):  
Social Change ◽  
Symbolic Representation ◽  
New Order ◽  
Historical Discourse ◽  
Temporal Space ◽  
The Social ◽  
New Models ◽  
The Future ◽  
The Subject ◽  
Representation Of Time

Es tiempo para reflexionar sobre las consecuencias que, para el pensamiento historiográfico, significan los nuevos modos de representación simbólica del tiempo relacionados con los cambios materiales e intelectuales de fin de siglo. Los viejos paradigmas positivistas y estructuralistas, de naturaleza moderna (racionalidad, explicación, objetividad, linealidad, teleología, necesidad, normativismo, universalidad), van dando paso a nuevos modelos de construcción del relato histórico según patrones fenomenológico-hermenéuticos (interpretación, ruptura, azar, relativismo, localismo). La crisis de la idea ilustrada de progreso está impulsando una nueva concepción "anti-histórica», en la medida en que la historia se convierte en espacio temporal pluridimensional, ambiguo, efímero, atemporal. El nuevo tiempo de la historia deja de ser proyectivo. ¿No estaremos ante la elaboración simbólica de una experiencia vital verdaderamente ahistóríca? ¿Qué puede representar ello en lo que respecta al cambio social? ¿Paralización? ¿Congelación y perpetuación del nuevo orden? ¿Es posible ya la anticipación del futuro desde un presente desligado de toda secuencia racionalmente inteligible para el sujeto?.It's time to think about the consequences which, to the historiographic though, mean the new ways of symbolic representation of time related to the material and intelectual changes at the end of this century. The old positivist and structuralist paradigms, of modern nature (rationality, explanation, objectivity, lineality, teleology, necessity, universality), are giving way to the new models of construction of the historical discourse following phenomenological-hermeneutical patterns (interpretation, rupture, chance, relativism, localism). The crisis of the enlightened idea of progress is urging a new non-historie conception, as for as history turns inte temporal space which is also multi-dimensional, ambiguous, ephemeral, nontemporal. The new time of history is no longer projecting to the future. Isn´t it possible we are facing a symbolic elaboratlon of a vital experience which is truely nonhistorie? What can it represent in the social change? Can it be paralysation? Can it be freezing and perpetuation of a new order? Is it already possible the anticipation of the future from a present which is detached from any sequence rationaly understandable to the subject?

scholarly journals PEMANFAATAN SAMPAH MENJADI DEKORASI BUNGA GUNA UNTUK MEMINIMALISIR SAMPAH DAN MENINGKATKAN PENDAPATAN EKONOMI SAMPINGAN PADA IBU-IBU PKK DI DUSUN PAELOAN DESA SUMBERBARU

2020 ◽  
Vol 2 (2) ◽  
pp. 331-356
Author(s):  
Lilit Biati ◽  
Ridwan ◽  
Arif Hariyanto
Keyword(s):  
Social Change ◽  
Plastic Waste ◽  
Inorganic Materials ◽  
Selling Price ◽  
Participatory Action ◽  
The Public ◽  
The Social ◽  
The Subject ◽  
The Government ◽  
The Village

the use of plastics can provide convenience and practicality, plastic also has a particularly bad impact on the environment. Plastics contain artificial inorganic materials which are composed of chemicals that are dangerous enough for the environment. This waste of plastic is very difficult to decompose naturally. To decompose plastic waste itself, it takes approximately 80 years to completely degrade. Currently the government is increasingly active in providing awareness to the public to reduce the use of plastics in life, then providing teaching on how to treat plastic waste into goods that are beneficial to life. Participatory action research has three word elements, all of which have a connection between Participation, Action and Research. In the process of carrying out social change for the better, it must involve all levels of society who are the object or target as well as the subject where the social change must be carried out. utilization of organic waste which can be used as various kinds of valuable creativity and has a selling price that can improve the community's economy, and also make the environment clean and healthy. Making society in a harmonious and peaceful environment. There won't be any problems. The village will be safe and secure.

Rebelling against the Ruler: Egyptian Youth and Azhari Scholars’ Authority after the 2011 Uprising

2021 ◽  
pp. 1-41
Author(s):  
Nareman Amin
Keyword(s):  
Textual Analysis ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Theory ◽  
Social Implications ◽  
Islamic Legal Theory ◽  
The Social ◽  
Legal Opinions ◽  
Political Realities ◽  
Moral Capital

Abstract Scholars have investigated statements by Azhari ʿulamāʾ (religious scholars) about the legality of protest in Egypt in 2011 and 2013 and their use of fiqh al-wāqiʿ, a jurisprudential method by which jurists consider social and political realities when issuing legal opinions. These studies focus on Islamic legal theory but do not examine the social implications of the legal. Based on textual analysis of televised statements by ʿulamāʾ and interviews with young Muslim Egyptians, I argue that, although some jurists discouraged the laity from joining the 2011 protests, religious youth were not deterred from protesting. Additionally, laypeople who are not well-versed in Islamic law grew suspicious of the shifting opinions of ʿulamāʾ on the legal status of protest, as happened in 2013. In the aftermath of the 2011 and 2013 movements, the moral capital of several Azhari scholars decreased as did the moral-legal purchase of the fatwās they issued.

An Interview with Zygmunt Bauman: How to Turn the Word into Flesh

2017 ◽  
Vol 34 (4) ◽  
pp. 115-129 ◽  
Author(s):  
Slawomir Czapnik
Keyword(s):  
Political Authority ◽  
Final Part ◽  
Zygmunt Bauman ◽  
Liquid Modernity ◽  
The Social ◽  
Depth Analysis ◽  
Key Issues ◽  
The Subject ◽  
Social Entanglement

Deceased in January this year, the Polish-British sociologist Zygmunt Bauman has left an extremely rich scholarly legacy. In one of his last academic interviews, he refers to the key issues which had been the subject of his in-depth analysis for many years. Bauman starts with reflections on the gap between political authority and power. Next, given his long-standing research into ‘liquid modernity’, he focuses on the vitality of capitalism, which has now adopted a lighter, consumer form. Another thread of the interview is Bauman’s own research attitude, which he refers to as ‘sociological hermeneutics’. It is characterized by his reluctance to use any ‘-isms’ and a profound mistrust of all particular schools of research (including postmodernism) which could limit creative freedom. In the final part of the interview, Bauman highlights the problem of the social entanglement of intellectuals.

scholarly journals The Early Development of Islamic Jurisprudence

1997 ◽  
Vol 14 (3) ◽  
pp. 83-86
Author(s):  
Abuhamid M. Abdul-Qadir
Keyword(s):  
Early Development ◽  
Islamic Law ◽  
Legal Theory ◽  
Primary Source ◽  
Second Century ◽  
Social Lives ◽  
Islamic Jurisprudence ◽  
History Of ◽  
The Subject ◽  
Independent Thinking

Professor Ahmed Hasan has made a great contribution to the understandingof the early history of Islamic jurisprudence up to the time of al Shafi'i (d. 204A.H.). A few works. such as The Origins of Muhammadan Jurisprudence byProfessor Joseph Schacht, have been published on the early development ofIslamic jurisprudence. and Hasan's work is a valuable addition. Islamic jurisprudenceis a dynamic, ongoing, and virtually limitless subject. The communitycannot survive without it as long as new issues arise to be resolved andIslamized. Thi field of study helps the community to move forward, encouragingmembers to solve new problems that arise in their social lives. Hasan discusseshow jurists debate one another over the extraction of God's law and how.ultimately, uch debates have developed Islamic jurisprndence and the differentlegal schools. ljma' (consensus) and qiyas (analogy) did not exist at the time ofthe Prophet; they developed through ijtihtid, based on the principle sources theQur'an and Sunnah. The subject has a kind of progressive flow, tide, and dynamiccharacter. Hasan divide his book into seven chapter, beside an introductionand a concluding discussion. He also includes a bibliography and an index. Theauthor chose a period in the history of jurisprudence for which sources for synthesisare difficult co obcain. He shows the historical development of lslamicjurisprudence in the first two centuries of Hijrah based mainly on the work ofMalik. Abu Yusuf, al Shaybani and al Shafi'i.This book is designed for readers who are particularly interested in Islamiclaw and history. In the introduction the author describes the meaning of fiqh andother allied terms. He analyzes the origins of the early schools of law-such asthe schools of Medina and Iraq-that developed through the work of scholarswho extracted God's law from the revealed sources. Further analysis by theauthor suggests that after the middle of the second century A.H., scholars weregenerally engaged in independent thinking on law. ln the same way. al Shafi'ideveloped his own legal theory and brought consistency into law. After him theregional character of the early schools began to disintegrate and faithfulness toone master and his principles gradually predominated.The author discusses the sources of Islamic law beginning with the developmentof the main five categories of judgment of Muslims' aces, namely, theobligatory. the recommended, the neutral, the disapproved, and the prohibited.These categories are ultimately based on four sources: the Qur'an, the Sunnah,ijma' and qiyas. The author first deal with the Qur'an, briefly pointing out thatit is the primary source of legislation and guidance. The author discusses thedoctrine of the abrogation of individual verses in the Qur'an (naskh) in a separatechapter, pointing out the development of the theory of naskh and its significantrole in Islamic jurisprudence. Although naskh is an established doctrine inthe field of Islamic jurisprudence, the author's long analysis of naskh suggeststhat since the Qur'an is eternal there can be no reasonable ground for the thesis ...

scholarly journals الأحوال الشخصيّة في القانون الفرنسي وما يقابله في التشريع الإسلامي: غينـيا كوناكري نموذجاً

2019 ◽  
Vol 7 (1) ◽  
pp. 97-107
Author(s):  
Mohamed Lamine Sylla ◽  
Muhammad roflee Waehama ◽  
Asman Taeali
Keyword(s):  
Subject Matter ◽  
Islamic Law ◽  
Social Issues ◽  
Comparative Methods ◽  
The State ◽  
French Law ◽  
The Social ◽  
The Subject

This paper discusses some of the Islamic virtues as compared to other religions, either divine or non-celestial, in the most important subjects of life, namely the social issues of marriage and its related matters. In doing so, the research compares Islamic law with French law, with the state of Guinea Conakry as the case study, due to its position as a French colony which practices Islam. This study aims to highlight the similarities in the principles of Islam and French law with regard to many social issues relating to marriage, and in doing so, the researcher has adopted the inductive, analytical and comparative methods. This paper also suggests that there is an interest to translate the relevant Islamic laws in relation to the subject matter, because of the clearly defined principles between the good and the bad.

scholarly journals URGENSI PEMIKIRAN IBNU AL-QAYYIM AL-JAUZIYYAH TENTANG PERUBAHAN HUKUM TERHADAP PERKEMBANGAN SOSIAL HUKUM ISLAM DI LINGKUNGAN PERADILAN AGAMA WILAYAH SULAWESI SELATAN

2018 ◽  
Vol 16 (2) ◽  
pp. 187-207
Author(s):  
Hj. Rusdaya Basri
Keyword(s):  
Social Development ◽  
Islamic Law ◽  
Legal Theory ◽  
The South ◽  
Local Conditions ◽  
South Sulawesi ◽  
The Social

This study examines the urgency of Ibn al-Qayyim al-Jauziyyah's thinking about legal changes to the social development of Islamic law in the Religion Court area of ??South Sulawesi. The thought of Ibn al-Qayyim al-Jauziyyah concerning legal changes to the social development of Islamic law based on changes in time, place, conditions, intentions and customs. Maslahah is the principle to change of legal fatwa based on changes in time, place, circumstances, and customs that apply in a place in accordance with the goals and the benefits desired by the Shari'a. The legal theory of Ibn al-Qayyim al-Jauziyyah in general has been implemented in the ruling or legal stipulation in the Religion Court in the South Sulawesi region. The theory is implicitly used. The judge decides the case with regard to local conditions and conditions.

scholarly journals PENYELESAIAN SENGKETA WAKAF DI INDONESIA: Pendekatan Sejarah Sosial Hukum Islam

2012 ◽  
Vol 36 (1) ◽  
Author(s):  
Ibrahim Siregar
Keyword(s):  
Social Change ◽  
Early Development ◽  
Islamic Law ◽  
Islamic History ◽  
Historical Approach ◽  
The Social ◽  
The Status

<p>Abstrak: Artikel ini berbicara tentang penyelesaian sengketa wakaf dalam sejarah hukum Islam. Permasalahan wakaf telah muncul di awal sejarah Islam. Sehubungan dengan sengketa tentang status harta sebagai wakaf telah muncul pada masa lalu  disebabkan oleh perubahan sosial; pergeseran nilai dan tatanan masyarakat, dan ditambah lagi dengan masalah bahwa tidak adanya bukti tertulis yang menyatakan bahwa status suatu harta sebagai objek wakaf. Pada tulisan ini dikemukakan kasus-kasus permasalahan sengketa wakaf yang terjadi pada awal periode Islam dan kasus-kasus kontemporer tentang sengketa perwakafan serta penyelesaiannya, yang terjadi di Indonesia pada beberapa dasawarsa yang lalu.</p><p><br />Abstract: The Settlement of Religious endowment (waqf) Dispute: A Socio-Historical Approach of Islamic law. This paper concentrates on the settlement of religious endowment (waqf) dispute in the perspective of Islamic law history. The disputes relating to waqf  has emerged since the early development of Islamic history. In regard with the conflict of the status of waqf property, the disputes have originated from the social change, the shift of values in the society, and the absence of written evidence of waqf property. This article will elaborate the cases of waqf disputes which occured in the early periods of Islam and the contemporery cases along with the settlement of the disputes taking place in Indonesia in the last few decades.</p><p><br />Kata Kunci: Hukum Islam, Hukum Perwakafan, Sejarah Sosial Hukum Islam<br /><br /></p>

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