scholarly journals A Scientific and comparative study of Four Schools of thoughts Regarding the Definition, Interpretation and Applied Forms of Nikāh.

2020 ◽  
Vol 38 (- 2) ◽  
Author(s):  
Muhammad Ismail ◽  
Mushtaq Ahmad
Keyword(s):  
Qualitative Research ◽  
Comparative Study ◽  
Social Contract ◽  
Thematic Analysis ◽  
Social Life ◽  
Critical Analysis ◽  
Literal Meaning ◽  
Islamic Jurisprudence ◽  
Analysis And Synthesis ◽  
The Subject

Nikah is a sacrosanct social contract in Islamic Sharia that brings a man and a woman into formal and lawful relationship as husband and wife and creates the institution of family to serve a number of objectives of Sharia. In view of its centrality in Islamic social life, it has attracted significant scholarly debate among scholars of the four schools of Islamic jurisprudence. However, it is not easy for ordinary readers to grasp in the finer conceptual aspects that attend the concept of Nikah, more so in view of the enormity of the scholarly works on the subject penned down by scholars of the different schools of Muslim jurisprudence. Based on the analysis of the views and explanations of some leading men of letters of various schools, this article attempts to frame a kaleidoscopic picture of the concept of Nikah in Islam, its literal meaning, and the various tricky points related to Nikah. In doing so, it compares and analyses the juridical opinions of the jurists of the four schools. As a qualitative research, it is primarily textual and critical analysis of the written and published works of the scholars on the issues being examined. It entails hermeneutics, thematic analysis and synthesis of various views in order to derive and clarify key themes and issues related to the concept of Nikah.

دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي: دراسة مقارنة Blood Money for Unintended Manslaughter in Traffic Accidents in Islamic Jurisprudence: A Comparative Study

2015 ◽  
Vol 12 (1) ◽  
pp. 1-29
Author(s):  
عارف علي عارف القره داغي ◽  
فايزة بنت إسماعيل ◽  
ئاوات محمد آغا بابا
Keyword(s):  
Comparative Study ◽  
Mutual Fund ◽  
Traffic Accidents ◽  
Comparative Method ◽  
Inductive Approach ◽  
Legal Provisions ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Blood Money ◽  
Major Factors

الملخّصيتعلق هذا البحث بموضوع دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي في العصر الحاضر لكثرة وقوعها وحاجة الناس إلى بيان أحكامها من حيث كيفية تقديرها. وتحرير الخلاف في دية المرأة، ومسألة دية الجنين في حال تعرضه للموت في بطن أمه نتيجة الحادث المروري، أو في حالة تعرضه للإجهاض والموت، وتناول أيضًا دية شخصين إذا ماتا نتيجة اصطدام سيارتين؛ فكيف تقدَّر الدِّية؟ وعالج البحث مسألة العاقلة في الوقت الحاضر التي تساعد الطرفين (الجاني والمجني عليه وذلك بجمع الدية وإعطائها للمجني عليه). وذلك من خلال استخدام المنهج الاستقرائي والمنهج المقارن: حيث يتم من خلاله جمع النصوص المتعلقة بالموضوع، وآراء العلماء المتقدمين، والمعاصرين، والمقارنة بينهما لمعرفة نقاط الاتفاق والاختلاف، لتجلية معالم الموضوع، وتسهيل مناقشتها بصورة دقيقة، ثم بيان الرأي الراجح. وقد توصلت الدراسة إلى أنَّ دية القتل في الحوادث المرورية في العصر الحاضر تساوي بالدينار الذهبي، الذي يساوي 4.250 جرامًا من الذهب، أو بما يساويها من النقد. وأنَّ الراجح هو تساوي دية الرجل مع دية المرأة. وفي حالة عدم وجود العاقلة لابأس من إنشاء شركة تعاونية لمساعدة من وقع منه الحادث.الكلمات المفتاحية: الدِّية، حوادث المرور، دية المرأة، دية الجنين، العاقلة. Abstract         This research addresses the subject of blood money for unintended manslaughter in traffic accidents according to Islamic jurisprudence in the present era due to the frequency of their occurrence and the need for people to understand the legal provisions concerning determining the amount. In this regard, we seek to clarify the disagreements regarding the blood money for women and foetuses that die in the mother’s womb as a result of traffic accidents or abortion. We also address the issue of blood money for two people who die as a result of collision between two cars. We also examine the issue of ʿĀqilah (those who pay the blood money) who helped the two parties (the offender and the victim by collecting blood money and giving it to the victim). To clarify these issues, we use the inductive approach and comparative method wherein we collect the various texts on the subject, and the views of classical and contemporary scholars to engage in a comparison between them in order to identify the points of agreement and disagreement between views. From here, we also hope to identify the major factors pertaining to such issues in order to facilitate a precise and concrete discussion to arrive at the most correct opinion. The study found that blood money for manslaughter in traffic accidents in the present era is equal to a gold dinar, which is equal to 4.250 grams of gold, or its cash equivalent. We advocate that the correct view is that the amount of blood money paid to a man is equal to that of a woman, and that in the absence of an ʿĀqilah it is possible to form a cooperative or mutual fund to render assistance to the victim.Keywords: blood money, traffic accidents, women, foetus, ʿĀqilah.

scholarly journals Qualitative Research Methods: A Critical Analysis

2021 ◽  
Vol 11 (2) ◽  
pp. 189-199
Author(s):  
Willy Lima ◽  
Prof. Enid F. Newell-McLymont
Keyword(s):  
Qualitative Research ◽  
Critical Analysis ◽  
Quantitative Methods ◽  
Final Report ◽  
Review Of Literature ◽  
Self Evaluation ◽  
Qualitative And Quantitative Methods ◽  
Or Groups ◽  
Analysis And Synthesis ◽  
Human Problem

Creswell (2014) noted that qualitative research is an approach for exploring and understanding the meaning individuals or groups ascribe to a social or human problem. The article embodies a critical analysis of chapters one to twelve of Stake (2010). In chapter one, Qualitative research: How things work is seen as qualitative, is based on a comprehensive aim seeking to answer the questions why and how. It analyzes actions and interactions, taking into account the intentions of the actors. An analytic perspective on the interpretation of the Person as an instrument is the thrust of chapter two. Chapter three examines the experiential understanding: Most qualitative study is experiential, in this chapter stake (2010) discusses two common research approaches, qualitative and quantitative methods. Chapter four Stating the Problem: Questioning How This Thing Works. Chapter five deals with the Methods-Gatherings Data, while chapter six illuminates the Review of Literature: Zooming to See the Problem. In chapter seven, the author implores the evidence: Bolstering Judgment and Reconnoitering. Chapter eight propels Analysis and Synthesis: How Things Work. Chapter nine acts as a mirror that invites the researcher to examine their action research and Self-­Evaluation: Finding our Own How our Place Works. Finally, in chapters ten to twelve, the author compels Storytelling: Illustrating How Things Work, Writing the Final Report: An Iterative Convergence, and Advocacy and Ethics: Making Things Work Better. This work is expected to guide future researchers in developing their research in qualitative research.

scholarly journals PESANTREN AND SOCIAL EMPOWERMENT: A STUDY OF ITS IMPLEMENTATION PROCESS

Al-Qalam ◽  
2021 ◽  
Vol 27 (1) ◽  
pp. 25
Author(s):  
Sri Widayanti ◽  
Siti Muawanah
Keyword(s):  
Social Life ◽  
Critical Analysis ◽  
Social Problems ◽  
Implementation Process ◽  
Social Institutions ◽  
Community Based ◽  
Faith Based ◽  
Building Community ◽  
The Subject ◽  
Social Empowerment

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>The discussion of the implementation process of social empowerment, which is based on religious belief and critical analysis of social problems, is an interesting discourse. Various faith-based organizations, including pesantren in Indonesia, attempt to contribute to social empowerment to contextualize religious teachings within social life. This research used the qualitative method to describe and analyze the empowerment process, the obstacles during the process, and how religious values and critical analysis affect the empowerment process within pesantren and community. This study resulted in three main points. First, it showed that the stages of empowerment begin with raising critical awareness, analyzing social problems, identifying resources, and building community-based social institutions. Second, it also identified the main principle of empowerment, i.e., democratic, participatory, and community-need-based empowerment programs. Third, it indicated that community participation plays a role as the subject and pesantren as a facilitator of social empowerment.</span></p></div></div></div>

scholarly journals Penalty for violating the professional companies system in the Saudi system: A comparative study: جَزاء مُخَالَفَة نظام الشَّرِكات المِهَنِيَّة في النظام السعودي: دِرَاسة مُقارنة

2021 ◽  
Vol 5 (15) ◽  
pp. 155-126
Author(s):  
Mahmoud Ali Moafa Mahmoud Ali Moafa
Keyword(s):  
Saudi Arabia ◽  
Comparative Study ◽  
Legal System ◽  
Islamic Law ◽  
Comparative Approach ◽  
System A ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Matters Of Concern ◽  
Large Category

System of Professional Companies is considered one of the modern matters of concern to a large category of professionals, and due to the absence of a previous scientific study, and owing to the significance of the subject, this study aimed to demonstrate the penalty for violating the system of professional companies in legal system of Saudi Arabia (Comparative Study), between the law in the legal system of Saudi Arabia and Islamic jurisprudence The researcher followed the descriptive comparative approach, with a focus on the penalty for violating the provisions of the system of professional companies, as it is in fact in the system approved by the Saudi government and comparing it with Islamic jurisprudence to demonstrate its compatibility with Islamic law (Islamic Sharia). The study concluded that in defining the penalty we find that it includes, in the system of professional companies, for a worldly penalty, in contrast to Islamic jurisprudence, which has arranged for a worldly penalty and a hereafter penalty, and that the system of professional companies, in imposing a financial fine on the violator, is consistent with the doctrine of the majority of jurists. The study recommended severe proposals including: The legislator shall stipulate the penalty for not obtaining coverage insurance and the legislator must take care of the community’s conditions and what is appropriate for its interests.

scholarly journals Thinking with Thinking with Theory in Qualitative Research

2015 ◽  
Author(s):  
Travis Marn
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Thematic Analysis ◽  
Social Life ◽  
Qualitative Data ◽  
First Generation ◽  
Alternative Account ◽  
Qualitative Data Analysis ◽  
Traditional Methods ◽  
Analyze Data

Thinking with Theory in Qualitative Research is a direct challenge to long held traditional forms of qualitative data analysis. Defining analysis methods like coding and thematic analysis to be reductive and simplistic, Jackson and Mazzei offer an alternative account of data analysis by “plugging-in” six poststructural theorists to data. Through interviews of two first generation academic women, Jackson and Mazzei demonstrate how researchers can employ complex theories to analyze data without relying upon traditional methods. The insightful, clear, and, at times, profound, findings of Thinking with Theory in Qualitative Research demonstrates the need for researchers to reexamine the continued reign of traditional forms of data analysis in the contexts of modern social life.

Immigrant Arab Women in Chile during the Renaissance (Nahda), 1910s-1920s

1970 ◽  
pp. 47-55
Author(s):  
Sarah Limorté
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Thematic Analysis ◽  
New World ◽  
Arab Women ◽  
Arab Woman ◽  
The Subject ◽  
The 19Th Century

Levantine immigration to Chile started during the last quarter of the 19th century. This immigration, almost exclusively male at the outset, changed at the beginning of the 20th century when women started following their fathers, brothers, and husbands to the New World. Defining the role and status of the Arab woman within her community in Chile has never before been tackled in a detailed study. This article attempts to broach the subject by looking at Arabic newspapers published in Chile between 1912 and the end of the 1920s. A thematic analysis of articles dealing with the question of women or written by women, appearing in publications such as Al-Murshid, Asch-Schabibat, Al-Watan, and Oriente, will be discussed.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Planification: Potential and role in XXI century market economy

2016 ◽  
pp. 63-80 ◽  
Author(s):  
A. Buzgalin ◽  
A. Kolganov
Keyword(s):  
Economic Development ◽  
20Th Century ◽  
Market Economy ◽  
Critical Analysis ◽  
New Economy ◽  
Real Socialism ◽  
The Subject ◽  
Planning Institutions

The authors, basing on a critical analysis of the experience of planning during the 20th century in a number of countries of Europe and Asia, and also on the lessons from the economics of "real socialism", set out to substantiate their conclusions on the advisability of "reloading" this institution. The aim is to create planning mechanisms, suited to the new economy, that incorporate forecasting, projections, direct and indirect selective regulation and so forth into integral programs of economic development and that set a vector of development for particular limited spheres of what remains on the whole a market economy. New planning institutions presuppose a supersession of the forms of bureaucratic centralism and a reliance on network forms of organization of the subject and process of planning.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Division of Roles in Homeschooling: Desire and Ability to Change Places

2019 ◽  
Author(s):  
Avishag Edri ◽  
Henriette Dahan-Kalev
Keyword(s):  
Qualitative Research ◽  
Thematic Analysis ◽  
Phenomenological Approach ◽  
Western Society ◽  
Real Possibility ◽  
Individual Perceptions

In Israel, like the rest of Western society, women are still largely responsible for childcare and housework. In homeschooling families, this division is even more prominent. This article explores homeschooling mothers’ perspective on role division. Using the auto-ethnographic-phenomenological approach to qualitative research of individual perceptions and experiences, I recruited a purpose-focused sample of 27 homeschooling mothers. Using interviews and personal logs (or diaries), I obtained data that underwent thematic analysis. The study findings indicate that mothers like being with their kids and that most of them would not want to change places with their partner, but the question arises as to whether there is a real possibility of choosing.

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