scholarly journals A Research Review of the Takfir of Muslim States in the Light of Sharia

2020 ◽  
Vol 38 (- 2) ◽  
Author(s):  
Muhammad Saeed ◽  
Syed Abd ul Ghaffar Bukhari
Keyword(s):  
Islamic Law ◽  
Research Area ◽  
Research Review ◽  
Islamic State ◽  
Individual Person ◽  
Knowledge Based ◽  
The People ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
High Level

The issue of 'Performing Takfir' has become a hot research area during present times, It's a very sensitive topic. The Islamic Sharia has ordained one to be very cautious on declaring Takfir upon a nominated individual, only the people who are firmly established in knowledge can declare takfir on a nominated person, which will be based on the principles of Islam. When Islam emphasis this much high level of caution in performing Tafir upon an individual person, then how critical will it be to declare takfir on state's, leaders and the communities.This is the reason one can find chapters written in the Islamic jurisprudence books (fiqhi books)on the subject of Dar-ul-Islam (land of Islam) and Dar-ul-Kufr (land of disbelief). In this article the topic of takfir has been discussed thoroughly and the position has been made clear about when a islamic state or a community turns in to a Dar-ul-Kufr (land of disbelief).In the following  knowledge based article the topic has been fully explained in detail by using the works and opinions of Islamic Jurists (experts in islamic law)  and the most predominant view of this issue has been covered.

scholarly journals STUDI ANALISIS PUTUSAN PENGADILAN AGAMA JAKARTA SELATAN NO. 1751/P/1989 TENTANG PERKAWINAN MELALUI TELEPON

Al-Qadha ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 9-19
Author(s):  
Muhajir Muhajir
Keyword(s):  
Islamic Law ◽  
Legal Basis ◽  
Marriage Law ◽  
The People ◽  
Islamic Jurisprudence

The legal basis of marriage law in Indonesia Constitution No. 1 of 1974 concerning Marriage and Compilation of Islamic law which is a reduction of Islamic rules regarding marriage, divorce, representation and inheritance originating from classical Islamic jurisprudence literature from various schools which are summarized and adapted to the needs of the people of Indonesia. The two legal bases regarding the marriage are expected to be a legal basis for the Indonesian people who will carry out the marriage. But in the practice of implementing marriage in the community, many new things appear that are ijtihad because there are no rules specifically set out to regulate such matters such as marriage through telephone. 

scholarly journals Uşûl al-Fiqh versus Hermeneutika tentang Pengembangan Pemikiran Hukum Islam Kontemporer

2014 ◽  
Vol 4 (2) ◽  
pp. 194
Author(s):  
Ahwan Fanani
Keyword(s):  
Islamic Law ◽  
A Priori ◽  
Main Tool ◽  
A Priori Knowledge ◽  
Central Position ◽  
New Methods ◽  
Islamic Jurisprudence ◽  
Contemporary Life ◽  
The Subject ◽  
Priori Knowledge

<p>The philosophy of Islamic Law (uşûl al-fiqh) has been known as occupying the central position</p>in the whole structure of Islamic jurisprudence. Its method and logic of legal extrapolation has dominated not only the legal sphere of the jurists but also influenced the philosophers and the scholastics in their method and way of thinking. Uşûl al-fiqh is mainly deductive in its approach and is concerned with the analysis of linguistics. Now with the developments of new methods in legal and linguistic studies, many scholars have attempted to introduce new way of interpreting Islamic law by bringing up hermeneutics as the main tool. Hermeneutics is about interpreting text by taking into consideration the cultural and personal backgrounds of the author. It also teaches that in reading a text, a reader must be neutral in that he should not have in mind an a priori knowledge and assumption about the subject. This paper is concerned with exploring the dynamics of both uşûl al-fiqh and hermeneutics in the context of developing the Islamic Law in contemporary life.

Expanding a Formal Role for Islamic Law in the Indonesian Legal System: The Case of Mu’Amalat

2007 ◽  
Vol 23 (1) ◽  
pp. 249-270
Author(s):  
Alfitri
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Islamic State ◽  
Specific Question ◽  
Legal Code ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
Personal Law ◽  
Religious Courts

Contemporary conflicts over efforts to expand the role of Islamic law in the national legal system of Indonesia are so intense that they undermine reasoned public debate about this question. They are part of a long-standing polemic, not only about the role of Shariah in Indonesia generally but about the specific question of whether the Jakarta Charter, which references obligations to obey Islamic law, should be restored as part of the Constitution. This article is an attempt to revive the neglected academic discourse on the role of Islamic jurisprudence in Indonesian law, and to move beyond the confused polemics to a thoughtful consideration of where Islamic law fits in a non-Islamic state such as Indonesia. Because Indonesia is a secular state, the Shariah as a whole is not enforced by the state, but the Shariah has a significant meaning for Muslims in Indonesia because it provides the norms distinguishing the obligatory and recommended from those actions which are neutral, disapproved and prohibited in Muslims' lives. Moreover, some elements of Islamic jurisprudence in personal law have been absorbed into positive law in Indonesia through the decisions of religious courts, which have existed since the Dutch colonialism,3 as currently regulated by Law No. 7/1989. The Compilation of Islamic Law No. 1/1991 essentially functions as the legal code for all Muslims who must resort to the religious courts for the adjudication of disputes involving marriage, divorce, inheritance and waqf. Thus, consideration of the propriety of attempts to extend Islamic law to matters of property and of contract is appropriate at this time.

scholarly journals A Polemical Discourse over the Legitimation of Illegitimate Children under Islamic Law

2019 ◽  
Vol 27 (1) ◽  
pp. 151-179
Author(s):  
Isa Abdur-Razaq Sarumi ◽  
Azizah bt Mohd ◽  
Norliah bt Ibrahim
Keyword(s):  
Islamic Law ◽  
Feasible Solution ◽  
Fundamental Principle ◽  
Qualitative Approach ◽  
Legal Research ◽  
Islamic Jurisprudence ◽  
Putative Father ◽  
The Subject ◽  
Illegitimate Children ◽  
Muslim Scholars

Muslim jurists unanimously agree that any woman that gives birth to a child, the child is to be attributed to her husband and legitimacy of that child is to be established except in circumstances where the child is disclaimed by the husband through imprecation (li’an). However, dissension over the legitimation of children born out of wedlock has long been recorded in the classical books of Islamic Jurisprudence, although the majority of jurists’ opinion secured an overwhelming preponderance over others. The argument over the legitimation has recently been advanced in order to find a feasible solution to the alarming condition of children born out of wedlock. Interestingly, both opponents and proponents of the legitimation of illegitimate children among Muslim scholars buttress their arguments with the famously narrated hadith “al-walad lil firash” (“The child is traced to the owner of the bed i.e. the legitimate husband).” on the subject matter. Therefore, this article seeks to explore juristic interpretations of the hadith and the rationale behind the scholars’ dissention. This article is a result of a research that has been done through the adoption of a qualitative approach of research, which includes doctrinal and non-doctrinal legal research methodologies. It has been found that attributing a child to his putative father after the acknowledgement does not contravene the fundamental principle of Shariah; it is rather an opinion held by the majority of classical Muslim scholars.

scholarly journals Imprisonment of the Debtor in the Jordanian Implementation Law in Comparison to Islamic Jurisprudence and International Covenants: حبس المدين في قانون التنفيذ الأردني مقارناً بالفقه الإسلامي والمواثيق الدولية

2019 ◽  
Vol 3 (5) ◽  
Author(s):  
Mohamed Hamed Mohamed Al- Amayrah
Keyword(s):  
International Organizations ◽  
Analytical Approach ◽  
Islamic Law ◽  
Legal Regulation ◽  
The Other ◽  
Political Rights ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Civil And Political Rights ◽  
International Conventions

  The study deals with the provisions of the debtor's imprisonment in the Jordanian This study deals with the provisions of imprisonment of the debtor in the Jordanian Execution Law No. 25 of 2017 and its amendments, in comparison to the Islamic jurisprudence and international covenants. The main problem is the extent to which the debtor may be imprisoned in the Jordanian Execution Law compared to Islamic jurisprudence and international covenants. Analytical approach as it fits in with this study and its nature by interpreting the texts and legal articles in the Jordanian implementation law, Islamic jurisprudence and international conventions and analyzing them in order to deduce the legal and jurisprudential purpose. Hence, the researcher took the approach of comparing the texts R and theories between the Jordanian law and Islamic jurisprudence with international covenants'. At the end of the study, the researcher found that imprisonment has been used in modern terms since it was analyzed by the scholars of Islamic law until it reached the legislative texts in the jurisprudential magazine, which is based on the Jordanian law, as a result of the positive achievements that contributed to the preservation of the rights of individuals (creditors). And that the International Covenant on Civil and Political Rights only provided for debts arising from contractual relations only, without the other sources of obligation addressed by domestic laws and Islamic jurisprudence. The researcher reached a number of conclusions and recommendations. The most important of these results was that the imprisonment of the debtor is an act of compulsion and pressure rather than an end to imprisonment as a punishment, aimed at restricting the debtor to fulfill his obligations to the creditor. Freedoms The legislator has put in place a legal regulation concerning the imprisonment of the debtor surrounded by a number of provisions to prevent abuse by the creditor in order to collect the creditor's money from the debtor. One of the most important recommendations reached by the researcher, The researcher hopes relevant international organizations and organizations to better understand the subject of the debtor's imprisonment, understanding the purpose, objectives and manner of the debtor, and understanding the principle that this detention was initiated after balancing the rights of the financial creditor and the rights of the debtor.  

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 Strategy: Can a Research Methodology Be Proposed from Islamic Sources of Knowledge?

2019 ◽  
Vol 12 (7) ◽  
pp. 83
Author(s):  
Waseem Gul
Keyword(s):  
Research Methodology ◽  
Cultural Context ◽  
Islamic Law ◽  
Theory And Practice ◽  
Human Reason ◽  
Body Of Knowledge ◽  
Sources Of Knowledge ◽  
Research Cycle ◽  
Islamic Jurisprudence ◽  
The Subject

The study has attempted to propose a research methodology for the subject of strategy from an Islamic perspective. It employed qualitative research methodologies to explore and analyze the content taken from the texts of the Quran and the Hadith; the Islamic Law contained in these texts; interpretation of this law via Islamic Jurisprudence. It has argued to extend this law into multiple layers of the research methodology ensuring whole research cycle takes place within the Tawhidic Paradigm propounded in the texts of the Quran and the Hadith. In doing so, it adopted the model of the research methodology as developed in the Jeudo-Christian or the Western cultural context and tried to replace the research philosophy(es) and reasoning approaches with the Islamic Law and Islamic Logic, enabling the whole methodology to operate within the framework of revelation and human reason at each and every layer and every aspect. This study is a part of the efforts which are being made to explore alternate perspectives in order to overcome the prevailing issues emerging in the classical management theory and practice, including those related to strategy. While works of scholars from cultural contexts different from the western cultures are surfacing in this area, it seems to be useful to also explore the Islamic sources of knowledge for the very purpose. It is to highlight a crucial point that this study should not be considered a way of negating or rejecting the existing body of knowledge, but it is an attempt to bring something which may complement it or provide a new way of looking into the subject of strategy.

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 Traders women at Makkah and Medina in the early of Islam: النساء التاجرات في مكة والمدينة في صدر الإسلام

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Mohamed Shams El Din Karim
Keyword(s):  
Islamic Law ◽  
Muslim Women ◽  
Islamic State ◽  
Historical Sources ◽  
Commercial Activity ◽  
Islamic Studies ◽  
The People ◽  
Participation Of Women ◽  
Arab Muslim

  This study aims at shedding light on the role and activity of women in trade in Makkah and Medina in the early of Islam. It should be noted that the follower, reader and researcher in the affairs of Islamic studies in general, and historical studies in particular, find in the political system and Islamic law at the time, It stands against the aspirations of Arab Muslim women and prevents them from moving forward towards self-realization, and in the course of trade or any other activity. On the contrary, we found through this study there is great support by those who are responsible for the affairs of the emerging Islamic state at the time, Same and me Its role and ability to participate effectively in society. Thus, we note previously through research and study and careful reading of the historical sources and historical jurisprudence, in which historians cited many accounts of the role of Arab Muslim women and their active participation in the commercial activity in Mecca and Medina, and despite the low participation of women in trade, In the society, through the competition with men and in a difficult field, where we find the hardship of travel and travel between the markets and stand with the item with them, and has the ability to practice the sale and purchase, as well as speculation with money with men, and they were traveling to markets to bring the most Among the people, and thus managed to Arab Muslim women to match men, and note some of them have supported their husbands in meeting the requirements of daily life and provide a good living in a difficult and harsh environment, and historians have written in their writings the emergence of markets for women in Medina, Al-Shattaab (may Allaah be pleased with him) used Al-Shifa 'bint Abdullah on these markets as an accountant to monitor what is going on in them, and it was her duty to monitor the scales and scales so that there would be no cheating. The most important findings of the study: • The study showed the role of women and they play all the vital roles and participation of their Muslim brothers and are the cause of the rise of civilizational society, through its use as a worker responsible for the market and highlighting its role and ability to perform the tasks entrusted to it in the best picture. • The location of the Arabian Peninsula, which mediates the ancient world and opens up to Yemen, Iraq, Persia, Syria and Egypt, and at the same time overlooking the waters of the Shatt al-Arab, the Red Sea, the Arabian Sea and the Gulf of Aden, has had a significant impact on the revitalization of trade.

scholarly journals Islam and Politics: the Case of the Islamic State

Studia Humana ◽  
2016 ◽  
Vol 5 (2) ◽  
pp. 3-12 ◽  
Author(s):  
Mehdi Shokri
Keyword(s):  
Islamic Law ◽  
Theoretical Interpretation ◽  
Fundamental Relation ◽  
Islamic State ◽  
Political Movements ◽  
Islamic Revival ◽  
Traditional Concept ◽  
The People ◽  
The Social ◽  
Totalitarian Regimes

Abstract This paper assesses the fundamental relation between the Islamic-political movements and establishment of the Islamic law (Shari’a). I argue against the critiques of western foreign policy and show that the Islamic State (Caliphate) is both a result of the historical process of the people of a region and the extreme interpretation of the text and Sunna which emphasizes on the traditional Sharia law and the concept of Jihad by fortifying political Islam qua militant Islam. I argue that the Islamic revival aims to a certain political order which threatens the world security and peace. Moreover, I argue that the structural violation of Human Rights is rooted in the traditional concept of Islamic law or Sharia, which obtains its immunity by an illegitimate power. This traditional Islamic law is the inalienable character of authoritarian/totalitarian regimes. This paper is based on the assumption that the extreme ideological/theoretical interpretation implies the empirical objectives of Militant Islamic community with or without any external influential elements. In this sense, we can address the question: how different interpretations and traditions in executing the Islamic Sharia give the social and political grounds a seed for the emergence of violence and terrorism. At the end, this paper ends with a propose which emphasizes on the role of international cooperation to find a resolution and also on the education as a long-term plan to defeat extremism and terrorism.

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