scholarly journals The Role Of The Dynasty Of Mahbubi In The Development Of Hanafi Fiqh (Islamic Jurisprudence) Mowarounnahr (XII-XIII Centuries)

Author(s):  
Abduvosi Abdumalikovich Ganiev ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 133-142
Author(s):  
Fokky Fuad Wasitaatmadja ◽  
Susianto Susianto ◽  
Suartini Supendi

Research on the relation of gender in Islamic Jurisprudence field always sparks the interest to study because of several things: the idea of power relations which has been touted as a thought that subordinates the role of women in their dynamic movements. Second, the role of the text of the Holy Qur'an in seeing and explaining gender relations in Islam, specifically when influencing or influenced by local culture. The main research question to be revealed is: how does the concept developed in Islamic Jurisprudence schools interpret the relations of men and women? The theoretical framework developed in this study is based on the thought which built in the Islamic Jurisprudence Schools. Sachiko Murata sees that there is a relationship between cultural understanding and the understanding of God in the relationship of men and women. The research method applied in this research is prescriptive normative legal method with conceptual approach. The conclusion in this study states that in the narrative approach to the Holy Qur'an, there is no significant power relation that degrades, dominates, or subordinates the role of women in Islam. Spatial structure of culture becomes a matter of concern when there is submission in the role of women in their socio-cultural environment. The narrative text of the Holy Qur’an explains the high appreciation of domestic and public roles for women. Feminism itself can be traced in various narrative texts in the Holy Qur'an that place women in a place of honor.


Author(s):  
Hatta Syamsuddin ◽  
Abdul Khaliq Hasan ◽  
Moh Muinudinillah

The emergence of Islamic banking was considered as a response to the desire of Muslim communities to disassociate from usury (riba-based) system. The development of time increasing the diversity of financial transactions, both in trading and banking business, which has no provisions in the old sources of Islamic jurisprudence. This dangerous phenomenon was the reason for the importance of a Sharia Supervisory Board to ensure all of the banking transactions comply with the rules and principles of sharia. This research focused on the role of National Sharia Board and his methodology in the fatwa. This research uses analytical descriptive methodology. The limitations of this research were about: how the National Sharia Board played their roles in Indonesia and how the method applied by the National Sharia Board in issuing a fatwa. The research found that: the National Sharia Board in Indonesia has played their roles, especially in developing Islamic finance industry, ensuring financial and banking transaction comply with the rules and principles of sharia, and providing awareness and guidance to the Muslim communities. The issuing of fatwa on financial transactions was the authority of the National Sharia Board. The National Sharia Board hold on procedures, specific steps, and certain agreed methodology in issuing the fatwa. Nevertheless, there still some fatwas that caused controversy in the Islamic community


2015 ◽  
Vol 4 (2) ◽  
pp. 166-211
Author(s):  
Mohamed Abdelaal

This paper seeks to refute a common belief that the ruler in Islam is unchecked and that he serves for life regardless of any official misconduct he may commit by providing a religious basis for the concept of political accountability through the investigation of the concept of presidential impeachment in Islam. In doing so, the article first sheds significant light on the Caliphate system of governance, the rights and duties of the Caliph, his legal status, and the inauguration process. Further, the article introduces the conflicting views regarding the issue of removing the ruler in the context of Islamic jurisprudence, examines the role of the Islamic scholars in redressing the ruler and correcting the official misconduct, and sheds light on the Islamic alternatives of impeachment and the extent to which they differ from what is known in modern constitutional doctrines.


JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Nuha Qonita

<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>


2011 ◽  
Vol 35 (2) ◽  
Author(s):  
Syukri Iska

<p>Abstrak: Kesemarakan pertumbuhan perbankan syariah terutama di negara- negara Muslim pada beberapa dekade terakhir tidak dapat dipungkiri. Namun di balik pertumbuhan tersebut bank syariah sering dikritik hanya sekadar ganti “baju” dengan klaim bahwa bank ini mengambil beberapa konsep dari dari bank konvensional kemudian menggantikannya dengan idiom-idiom yang ada pada fiqih muâmalah. Tulisan ini memaparkan penjelasan terhadap pertanyaan tentang keberadaan bank syariah dengan merujuk pada skimmurâbahah, bagaimana perasaan dan perbedaan antara kedua sistem Islam dan konvensional, serta implikasi sistem perbankan Islam dalam transaksi ekonomi yang menyeluruh. Penulis berargumen bahwa kendati skimmurâbahah bukan merupakan instrumen ideal untuk mencapai tujuan riil ekonomi Islam, skimmurâbahah ini ternyata mengandung banyak persoalan, terutama kalau dilihat dalam perspektif syariah secara puristik ataupun menurut paradigma tentang bank.</p><p><br />Abstract: The Dilemma of Murabahah Skim in Shari‘a Banks. The flourishing development of Shari‘a Banks especially in Islamic countries for the last few decades are undeniable. However, despite such tremendous development it has often been criticized for being only changing suit claiming that it has taken some conventional system concepts which are then modified in acoordance with idioms found in Islamic jurisprudence discourse. This paper then sheds some lights on some questions of the existence of Shari‘a Banks with specific reference to murâbahah skim, how the two system similar to or different from each other, as well as the implication of the Islamic banking system in the general economic transaction. The author argues that although the murâbahah skim is not an ideal instrument in achieving the real objective of Islamic economy, its domination as an important skim, however, seems to be in dilemmatic position between the pragmatic demands of the need of pure Shari‘a laws as a genuine reference and the role of banks should fulfil.</p><p><br />Kata Kunci: perbankan syariah,murâbahah, ekonomi Islam</p>


2021 ◽  
Vol 22 (1) ◽  
pp. 69-91
Author(s):  
Iwan Kuswandi ◽  
Tobroni Tobroni ◽  
Akhsanul In'am ◽  
Khozin Khozin ◽  
Asmoni Asmoni

This paper described the interconnection model of morals-reasoning-research in the curriculum of Tarbiyatul Muallimien al-Islamiyah (known as TMI) Al-Amien Prenduan. It also examined the supporting and inhibiting factors for the implementation of the interconnected-curriculum. It is a case study employing observation, interviews and documentation, and the data were analyzed using qualitative analysis. Two conclusions were drawn. First, TMI uses multidisciplinary approaches in its curriculum by interconnecting morals, reason and research. Morals are instilled through reading and learning the morals books such as Ta‘lîm al-Muta‘allim and Iḥyâ’ ‘Ulûm al-Dîn. The reasoning skills are taught through school subjects such as logic, Islamic jurisprudence and the science of hadith. In contrast, the research skills are taught through research subjects and a compulsory program called writing a research paper. Second, the class classification model, which takes students’ talent and interest into account, and other research-related programs such as book review and fatḥ al-kutub (classical book research) are the supporting factors for the writing program. They are accommodating for students in completing their writing. Meanwhile, there are also numbers of inhibiting factors such as student’s lacking motivation, the prohibition of internet use, unsuitable supervisor expertise, and the minimum role of Islamic Study Center (Pusdilam).


2020 ◽  
pp. 119-126
Author(s):  
Hambari Hambari ◽  
Arif Ali Arif ◽  
Muntaha Artalim Zaim

In the beginning of 2020, the Coronavirus (Covid 19) appeared, which attacks humans and quickly turns into a global pandemic. Covid-19 has resulted in multidimensional crises such as health, economic, social, and lifestyle crises. Many people in different countries face difficulties in life. Therefore, Zakat as an Islamic social fund has a role in overcoming this crisis, by providing assistance to the communities which is directly affected by the crisis. This study aims to examine the role of Zakat in this crisis from the perspective of Islamic jurisprudence and its application in the zakat institution by taking the case of the Federal Territory Islamic Council (MAIWP) that has done various programmers in helping people who are directly affected by the crisis. This study uses two methods including inductive and analytical approaches to achieve its objectives. Among the most important results of the study: Zakat distribution programs conducted by Baitulmal-MAIWP for zakat beneficiaries affected by Covid-19, was to help ease the burden on ordinary people following the implementation of Movement Control Order (MCO) by the government due to the spread of the Covid-19 pandemic. This program is named “Bantuan Zakat Kecemasan Covid-19” (Zakat Emergency Aid Covid-19) or #MusaadahCovid19MAIWP.


2020 ◽  
Vol 12 (3) ◽  
pp. 15-21
Author(s):  
Otabek Baxrıev ◽  

This article provides information about the role of Imam Bukhari in Islamic jurisprudence, who was not only the leader of the science of hadith, but also a fuqih. Islamic jurisprudence also mentions the confessions of scholars about him. At the end of the article, information is provided on the evidence based on Islamic jurisprudence


2018 ◽  
Vol 5 (2) ◽  
pp. 289-314
Author(s):  
Siavash RAHBARI

AbstractThis paper suggests that Afghanistan’s fractured plural legal system is beginning to show some signs of cohesion and coherence. I briefly describe the aspiration set out in the Constitution of Afghanistan and its mandate to legislators and jurists to harmonize Islamic jurisprudence, the principles of justice, customary norms, and international treaty obligations. I then discuss some of the setbacks, obstacles, and more recent progress that have shaped the journey towards that aspiration. The paper specifically addresses the role of lawyers as they learn to navigate the more coherent landscape and the development and impact of a nascent adversarial system. Finally, the paper addresses the role of customary dispute resolution and the bifurcated legal-education system, and their impact on the development of a more unified legal system.


Legal Studies ◽  
2003 ◽  
Vol 23 (4) ◽  
pp. 587-604
Author(s):  
S A Farrar

This paper re-examines the Orientalist view that Islamic criminal justice operates without any constitutional protections for the individual. It takes the works of Noel Coulson as representative of the canon and subjects them to critical scrutiny. Rather than mimic Orientalist methods of analysis, the author integrates the views of a contemporary, but traditional Islamic scholar, and demonstrates that an accused receives similar, if not more, protection than in a secular, Western tradition.


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