Ibn Taymiyyah and his fatwas on forbidden (haram) and permissible (halal) issues

2021 ◽  
Vol 28 (4) ◽  
pp. 82-92
Author(s):  
Lyudmila B. Maevskaya ◽  
Khaisam Muhammad Aga
Keyword(s):  
Legal Practice ◽  
Main Approach ◽  
14Th Century ◽  
Legal Norms ◽  
Concept Of God ◽  
Religious Issues ◽  
Islamic Jurisprudence ◽  
Legal Opinions

Recently, the study of the legacy of a medieval religious scholar Ibn Taymiyyah, who lived in Syria at the turn of 14th century, has become particularly relevant due to the growing activity of various radical groups. Notably, some parts of his teachings became the foundation of the ideology of various modern extremist sects such as Wahhabism. However, his answers to religious questions regarding the forbidden (haram) and the permitted (halal) remain understudied. Ibn Taymiyyah's ideas contradicts the unanimous conclusion of Islamic theologians on more than 60 issues. His opinion on certain issues provoked lively discussions to the point of even forbidding him to make conclusions on certain religious issues. In addition, his belonging to the Hanbali madhhab in Islam is questionable. Another problem of the study is its contradiction to the traditional Islamic concept of God. The main purpose of the study is to investigate the ideas of Ibn Taymiyyah on some issues of Islamic jurisprudence (fiqh), to compare his views with the opinions of Islamic theologians and to define erroneous ideas about jurisprudence. In this study, the main approach was to study the works of Ibn Taymiyyah and compare them with the works of Islamic theologians, representatives of different madhhabs. It was found that a certain number of religious and legal opinions of this religious scholar in matters of halal and haram contradict the legal norms of the vast majority of Muslims. This study proves that the teachings of Ibn Taymiyyah contradict the Islamic concept of God and religious and legal practice

Prostitution, Islamic Law and Ottoman Societies

2012 ◽  
Vol 55 (1) ◽  
pp. 117-152 ◽  
Author(s):  
James E. Baldwin
Keyword(s):  
Islamic Law ◽  
Legal Practice ◽  
Legal Writing ◽  
Islamic Jurisprudence ◽  
Legal Opinions

AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provinces of Egypt and Syria between the mid-sixteenth and mid-eighteenth centuries.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Foreign Judges and Communal Authorities in the Legislative and Legal Space of Florence in the Second Half of the 14th Century

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Irina Krasnova
Keyword(s):  
Political Regimes ◽  
14Th Century ◽  
Abuse Of Power ◽  
Legal Norms ◽  
Application Of Law ◽  
The People ◽  
Legal Space ◽  
Critical Moments ◽  
Crisis Situations

The article attempts to consider the actions of two communal systems of power — foreign officials: the Podestà, the Captain of the People and the Executor of the Institutions of Justice, as well as communal structures formed in 1293 — the Signoria as part of the Priory, headed by the Honfalonier of Justice and the colleges of 12 good husbands and 16 gonfaloniers of companies, in a difficult period of changing political regimes in the second half of the 14th century. The main problem of the research is the practice of the application of law and power in the context of a relatively wide communal democracy, multi-power and frequent turnover of the Signoria (every 2 months). Before each composition of the Signoria, there was a temptation at critical moments not to apply legal norms, especially in the sphere of punitive jurisdiction, and not to use powers of authority to punish and suppress their fellow citizens. In this regard, the members of the Signoria especially needed foreign officials, whose importance increase d in crisis situations, which gave rise to dictatorial inclinations and abuse of power by the Podestà and the Captains of the People

scholarly journals MEMBANGUN MORALITAS DAN HUKUM SEBAGAI INTEGRATIVE MECHANISM DI MASYARAKAT DALAM PERSPEKTIF HUKUM PROGRESIF

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Adam Ilyas ◽  
Dicky Eko Prasetio ◽  
Felix Ferdin Bakker
Keyword(s):  
Rule Of Law ◽  
Legal Practice ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Law And Morality ◽  
The Law

Abstract This study aims to analyze the application of morality to legal practice in Indonesia. This is because the reality of the rule of law today is dominated by a positivist-legalistic phenomenon that prioritizes text but darkens morality's meaning in law. Morality in law seems to be immersed in legal practice that deifies the textual law but neglects the law's moral essence. This research is juridical-normative research oriented towards coherence between the principles of law based on morality and legal norms and legal practice in society. This research's novelty is the development of morality in the rule of law practice by prioritizing two aspects, namely the integrative mechanism aspect of Harry C. Bredemeier with the progressive law of Satjipto Rahardjo. This study emphasizes that efforts to develop law must not forget the elements of morality development. This study's conclusions highlight that the development of law and morality will run optimally by upholding the law as an integrative mechanism and applying progressive law as a solution in facing the lethargy of the Indonesian nation.Keywords: integrative mechanism; morality; progressive lawAbstrak Penelitian ini bertujuan untuk menganalisis penerapan moralitas pada praktik berhukum di Indonesia. Hal ini dikarenakan bahwa realitas praktik berhukum saat ini didominasi oleh fenomena positivistik-legalistik yang mengutamakan teks tetapi menggelapkan makna moralitas dalam berhukum. Aspek moralitas dalam hukum seakan tenggelam dalam praktik hukum yang mendewakan tekstual undang-undang tetapi melalaikan esensi moral dalam undang-undang. Penelitian ini merupakan penelitian yuridis-normatif yang berorientasi pada koherensi antara asas-asas hukum yang bersumber pada moralitas dengan norma hukum serta praktik hukum di masyarakat. Kebaruan dari penelitian ini yaitu pembangunan moralitas dalam praktik negara hukum dengan mengedepankan dua aspek, yaitu aspek integrative mechanism dari Harry C. Bredemeier dengan hukum progresif dari Satjipto Rahardjo. Hasil dari penelitian ini menegaskan bahwa upaya membangun hukum tidak boleh melupakan aspek pembangunan moralitas. Simpulan dalam penelitian ini menegaskan bahwa, pembangunan hukum dan moralitas akan berjalan secara optimal dengan meneguhkan hukum sebagai integrative mechanism serta menerapkan hukum progresif sebagai solusi dalam menghadapi jagat kelesuan berhukum bangsa Indonesia.

scholarly journals Wife’s right to her husband’s property that is disputed by them both

2021 ◽  
Vol 5 (S4) ◽  
pp. 2161-2167
Author(s):  
Khobaib Ali Saeed Salem ◽  
Salah Mohamed Moustafa Moustafa Elbahrawi ◽  
Ragab Abou Melih Mohamed Soliman ◽  
Ahmed Fathi Ramdan Abdelgayed
Keyword(s):  
Research Study ◽  
Marital Relationship ◽  
Research Problem ◽  
Comparative Approach ◽  
Applied Method ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

This research study addresses the perspective of Islamic jurisprudence on the right established for a wife in her husband’s property that is disputed by them both, especially after termination of their marital relationship. The research problem lies in that many women, upon their separation from their husbands, believe that their husbands’ financial welfare was only a result of their own assistance in undertaking marital responsibilities. This research study attempts to answer the question raised in such cases: What are the rights established for women against their husband in case they claim so?. The study seeks to highlight the objectives of the Shar?‘?h behind marriage and legalization of divorce, and to illustrate the established as a woman’s right in her husband’s property which she should have shared with him or substituted him in managing, through different considerations. The significance of the study lies in the emergent need for investigating it due to contemporary occurrences. This study builds on a descriptive and deductive comparative approach, along with a referential and applied method based on the juristic maxims and Shar?‘?h objectives, drawing only on preponderant legal opinions; outweighed views and their proofs are not mentioned in this study.

Comparative analysis of experience and legal basis on regulation of information systems: existing problems

2021 ◽  
Vol 65 (04) ◽  
pp. 261-264
Author(s):  
Emin Teymur oğlu Məmmədov ◽  
Keyword(s):  
Information Systems ◽  
Comparative Analysis ◽  
Public Relations ◽  
Information Technologies ◽  
Legal Framework ◽  
Information Policy ◽  
Legal Practice ◽  
Legal Norms ◽  
Legislative Framework ◽  
National Information

Information systems are one of the objects of public relations regulated by information-legal norms. An information system is a regulated set of information technologies and documents. The existence of an appropriate legal framework for the regulation of information systems is important. After gaining independence, one of the main goals and objectives of the state was to form an appropriate legislative framework in this area. The formation and development of information systems is one of the important components of national information policy. This article examines information systems, national legal practice in regulating information systems, comparative analysis of the legal framework as part of national information policy and current issues. Key words: information systems, regulation of information systems, information legislation, national information policy, national legal practice

Piracy in Ottoman Islamic Jurisprudence

2017 ◽  
Author(s):  
Joshua M. White
Keyword(s):  
Seventeenth Century ◽  
Islamic Law ◽  
Theory And Practice ◽  
Legal Questions ◽  
Islamic Jurisprudence ◽  
Legal Opinions

This chapter examines the legal opinions (Arabic: fatwa, Turkish: fetva) issued by the chief Islamic legal authorities of the empire (şeyhülislam) concerning maritime violence and explores the implications of their rulings for judges and litigants throughout the empire and for the corsairs based on its margins. Drawing on research in sixteenth- and seventeenth-century fetva collections, the chapter establishes the kinds of legal questions that piracy and captivity posed for the Ottomans and how they were answered as the intensity, frequency, and focus of Mediterranean piracy mutated in sometimes alarming ways. Showing how secular, interstate, and Islamic law were harmonized through fetvas, the chapter lays the groundwork for the subsequent analysis of the convergence of theory and practice in Ottoman courts.

A DEVOTIONAL THEORY OF LAW: EPISTEMOLOGY AND MORAL PURPOSE IN EARLY ISLAMIC JURISPRUDENCE

2016 ◽  
Vol 31 (1) ◽  
pp. 42-69 ◽  
Author(s):  
Omar M. Farahat
Keyword(s):  
Ad Hoc ◽  
Eleventh Century ◽  
Moral Motivation ◽  
Social Regulation ◽  
Case Formulation ◽  
Moral Purpose ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Law ◽  
Early Islamic

AbstractThe question of the sources of legal normativity continues to haunt legal theorists to this day. While it is largely uncontroversial that modern legal systems claim to produce normative propositions, whether or not there are independent reasons to obey the law remains a contested issue. Those views, as varied as they may be, appear to largely agree that the law is a social phenomenon of definite ontological presence. In this article, I argue, through an analysis of the theories of three prominent ninth- to eleventh-century Muslim jurists, that early Muslim theories of lawmaking did not incorporate any ontologically coherent concept of law. Rather, lawmaking was understood as the case-by-case formulation of legal opinions by individual jurists who were presumed to be driven by the same moral drive, and therefore occupy the same moral order, as all subjects of law. In spite of this ad hoc epistemological view, Islamic jurisprudence conceived of legal pronouncements as fully normative. The normativity of those unstructured ad hoc individual pronouncements, I maintain, is the result of the centrality of moral purpose to early Muslim theories of law. It was the presumption of a common moral drive that gave the legal system structural coherence and allowed the advancement of those pronouncements as normative claims. Whereas recent historical and anthropological work shows that moral motivation was central to the manner in which sharīʿa operated as a system of social regulation, this article argues, along the same lines, that the pietistic drive was both conceptually and structurally indispensable for the normative coherence of early Islamic jurisprudence.

scholarly journals Problem issues of interpretation of doctrinal errors

2021 ◽  
pp. 19-24
Author(s):  
N. M. Onishchenko
Keyword(s):  
Effective Means ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Practical Application ◽  
Regulatory Issues ◽  
Practical Advice ◽  
Legal Norms ◽  
Independent Evaluation ◽  
Bona Fide ◽  
Precautionary Measures

An interesting and little-studied issue of modern domestic doctrine is the issue of legal errors, in particular the relevantproblems of interpretation of law. After all, the analysis of their essence, nature and ways of prevention is one of the most important issues of improving legal practice in general and increasing the effectiveness of legislation in particular. In this scientific research the task of studying the problem of doctrinal interpretation of law is set. It is safe to say thatin general this topic is considered studied, discussed and systematized. Moreover, at the doctrinal level, this is confirmed more and more accurately than in view of its practical application. The research was based on the following: recent problems related to the legal practice of the CCU; related to theconduct of an external independent evaluation or the cancellation of the state final certification; passing exams in schools and colleges - a lot of regulatory issues that are dictated by the new realities of life in a pandemic. The article highlights the types of legal errors, subjective and objective factors of their occurrence. A special vector of consideration is devoted to doctrinal legal errors and ways to prevent and eliminate them in the context of legal interpretation practice. After a definitive list and analysis of research and publications, the author turned to the essence of the issue. Legal error is most often interpreted as a negative result due to unintentional, incorrect actions of legal entities (bona fide error). The value of this work is to obtain practical advice on effective means of combating doctrinal errors. Keywords: interpretation of legal norms, error, legal error, types of legal errors, doctrinal legal error, precautionary measures

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