scholarly journals تقریر رسول ﷺسے مستنبط احکام حج و عمرہ کا تحقیقی جائزہ

rahatulquloob ◽  
2019 ◽  
Vol 3 (2(2)) ◽  
pp. 151-166
Author(s):  
Fiaz Ahmed ◽  
Prof. Dr. Ali Asghar Chishti

This article primarily aims to present an analytical study of Ahkam (Islamic directions or rules) of Hajj and Umrah derived from Taqreer- e- Rasool (Tacit or silent approval of Prophet) which is the second basic source of Islamic Jurisprud-ence. The study includes opinions of different schools of Islamic law. It high lights the importance of Hadith e Taqreeri which is an important kind of Hadith. Moreover, it discusses different methods for deriving of Islamic rules from Hadith and combination of Muktalif ul Hadith(Hadith having opposite meaning).

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies

This research presents a marriage custom called the custom of "Distant-Marriage," where the guardian is intentionally excluded during the marriage contract without any necessary reason that called for it. The researchers discuss about legal marriage and its conditions which include (according to the sound view of Muslim jurists,) the consent of the guardian. The researchers also mention the different opinions of jurists concerning this guardianship during the marriage contract, followed by the evidence of each School of Islamic Law and then state the fairest opinion on the matter. In addition, the researchers mention the pillars of marriage, its rulings, and its purposes because of which it has been legislated. All of this is mentioned as an introduction to the main subject of the research. Then the researchers move to talk about the crux of the subject which is "Distant-Marriage" with its definition, and the reasons that facilitated its spread among Muslims. The researchers then speak about the effects and damages caused by “Distant-Marriage,” including the large number of divorces, the displacement or homelessness of children and the separation between relatives and family members. Finally, the researchers talk about the position of Shafi'ī School of Law on “Distant-Marriage” indicating that this marriage is not related to this School of Law. Therefore, the researchers state that “Distant-Marriage” violates the method of Islamic legal marriage, and that Muslims must avoid it.


Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 29-40
Author(s):  
Muhammad Rafi Bunairi ◽  
Hujjatullah Agha

Khula is the most practically used component in the judiciary of Pakistan and this requires completely Islamic Jurisprudence but unfortunately, Neither bar nor bench has special competency on this issue, on top of that Dar Ul Ifta is a different system in Pakistan that is not recognized ultimately common peoples face problems. The question arises to examine the theory of Khula in Islamic law along with Pakistani judicial practice in this relevant matter and furthermore to point out contemporary issues with its solutions so comparative study between khula and its practice is mainly focused in this research. This paper is not just an analytical study of the topic, but it is comparing both theoretical and practical aspects of Kula so that reforms could be oriented toward emerging issues. This work has drawn the conduct for the legal fraternity in concern matter furthermore, this writing has shown a way to the public for adopting a just & fair process for canceling the contract of marriage and more importantly the replacement of Civil judges with Muftian-E-Kiram in family courts will overcome the problems in family cases.


Teosofia ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 129-148
Author(s):  
M Khairi Mahyuddin

Sufi Order in the Malay World at 19thcentury is misunderstood as deviant teaching from Islam by some of Malay Muslim society.  Reflecting on this, Wan Sulaiman bin Wan Sidek, a shaykh Islam and Malay Sufi scholar at 19th, he played a crucial role in clarifying this issue properly in his Malay Jawi script epistles, namely Fakihah Janiyyah fi Bayan Ma’rifah al-Ilahiyyah al-Mutabaqah Li’ayan al-Shari’ah al-‘Aliyyah and Mizan al-‘uqala wa al-Udaba’. However, some studies from contemporary Malay contested his Sufi's thought, particularly Naqshabandi Order’s position in Islamic law. This study aims to expose Wan Sulaiman’s understanding and justification in Sufis Order, specifically Naqshabandi Order in shariah. This study is a historical and textual analytical study. The finding of this study indicates that Wan Sulaiman’s idea is clear and has strong argumentation from the authentic Sufi sources that show the Sufi Order is legal and has a good position and core teaching in Islamic law. 


Author(s):  
Hoor Abdullah Al-Shikhi

This study aimed to clarify the legal aspects of issuing financing sukuk in the Saudi financial market. Because of its important stages, the procedures of which have not been studied in detail and criticized; In the absence of clear legal regulation for it. To address the problem posed therein, this study followed the analytical approach, by analyzing the legal texts related to financing instruments in the Saudi financial market system and its implementing regulations. To demonstrate the appropriateness of these general procedures, usually related to all securities, to be applied to financing sukuk. This study reached conclusions, the most important of which is that the Saudi regulator did not stipulate any condition that must be met in the financing sukuk project or that the project be within the Kingdom of Saudi Arabia, whether the issuing authority is a Saudi or foreign company. Contracts subject to the provisions of Islamic law. In light of the results of this study, it recommended that the regulatory authorities organize the financing sukuk project and organize the documents and evidence necessary for it related to assets and assets located outside the Kingdom. It also stipulated the necessity of stipulating that the contracts issued in the financing instruments are contracts that are subject to the provisions of Islamic law, especially since the Kingdom adopts the provisions of Islamic law in its dealings.


2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies

This research aims to study the topic of “The Will for Heirs: A Juristic Analytical Study.” It deals with the definitions of will or testament and heirs from the perspective of Islamic jurisprudence. It discusses the views of jurists regarding the ruling of will for heirs by discussing proofs of jurists on this issue in the light of Islamic law of inheritance. This research discovers that the Muslim jurists differed on the law of will for heirs according to three schools of thought: according to Shī’ah Imāmiyyah and some supporters of Zaydiyyah, the will for heirs is permissible in one-third whether approved by the other heirs or not. This view differs from the majority of jurists who invalidate the will for heirs except by the permission of the other heirs because their permission is like a forfeiture of their right. Others, such as Ẓāhiriyyah, opposed the implementation of will for heirs. They argued that the will, will cause dissatisfaction in other heirs or inheritors. On the other hand, the will for heirs is useful and beneficial for some of the needy heirs. The researchers rely on the inductive and analytical methods. One of the important findings of this research is that, relying on the majority opinion of jurists, the law of will for heirs is valid only with the permission of the rest of the heirs after the death of the testator; this is the best opinion based on the strength of the evidence and their keenness on the unity of the heirs of the deceased.


Author(s):  
Hidayat Ullah Khan ◽  
Qari Wahed Bukhsh

Islam is a complete code of life; consequently ,as it describes the particulars of worships with full detail ,similarly ,it also has a full package of principles in social ,economic, individual and collective matters and the this comprehensiveness is the distinction of Islam . So, in daily life, if one claims his right over someone, and the other denies it, Islam has a full guidance regarding this matter, which is called "Claim" in Islamic Law. In this article, full account has been given about claim, conditions for the accuracy of claim, Islamic method to prove one,s claim and also Oath in the perspective of Islamic teachings.


2018 ◽  
pp. 188
Author(s):  
Holilur Rohman

This paper is intended to find aspect of maqasid al-syari’ah in the Mazhab Syafi`i and urgency of the maqasid al-syari’ah of Mazhab Syafi`i in the Ijtihad of contemporary Islamic legal. This paper is a literature study, and is a descriptive - analytical study. The study in this paper shows that the aspect of maqasid al-syari’ah 'in the Mazhab Syafi'i is: Imam Shafi'i uses qiyas, Al-Juwaini contributes to the division of al-maslahah al-daruriyyah, al-hajiyyah, and al-tah si niyyah, then additional explanation of Al-Ghazali about al-daruriyyah al-khams which became basic footing in establishing Islamic law. maqasid al-syari’ah 'in the Mazhab Syafi'i as a foundation for ijtihad is used when a new event occurs that has no legal decision at all in the past and there needs to be legal certainty, or there has been a decision but it needs re-ijtihad because it is not appropriate with the current conditions, or ijtihad is re-done because there are different aspects of benefit so it needs a new law that is different from the previous law


Author(s):  
ناصر عبد اللطيف رشيد دبوس ◽  
عبد الحميد محمد علي زرؤم

تتعرض هذه الدراسة لبيان ضرورة عملية التفاوض في شتى مجالات الحياة،  سيما المتعلقة بالمفاوضات السياسية بين الدول والمجتمعات والجماعات، وذلك استنادا إلى مقاصد الشريعة الإسلامية، ومن جملة ما ترمي إليه الدراسة تفعيل دور الفقه السياسي في معالجة بعض النوازل وفق المقاصد الشرعية. ومن أبرز المحاور التي تم التركيز عليها: معاني المفاوضات وأهميتها، وعناصر المفاوضات وخصائصها، ومبادئ التفاوض ونظرياته، ومشروعية المفاوضات وضوابطها الشرعية ومقاصدها العامة، وذلك باستخدام مناهج ثلاثة: المنهج التحليلي لدراسة الإشكالات العلمية المختلفة المرتبطة بالتفاوض، والمنهج الاستقرائي لاستنطاق النصوص؛ لمعرفة مقاصدها، وتنزيلها على مستجدات واقعنا المعاصر، إضافة إلى المنهج التاريخي، وذلك من خلال جمع وتوثيق المعلومات التاريخية المتعلقة بالمفاوضات كالعوامل التي أثرت فيها، والظروف التي أحاطت بها. ومن النتائج التي توصلت إليها الدراسة، أن ثمة ترابطا بين المعاني اللغوية لمفهوم المفاوضات ومفاهيمها الاصطلاحية، وأن لعملية التفاوض ضوابط شرعية عديدة، أهمها ارتباطها بمصلحة غير ملغاة، وأن لا تتعارض مع ضرورة شرعية، فتبطلها، أو تقدمها على مرتبة أعلى منها دون سند شرعي أو عقلي سليم. من أهم مقاصد المفاوضات التعارف، والإقناع، والتعاون على البر والتقوى، والإصلاح بين المتخاصمين، والسلامة في الدين، والنفس، والعقل، والنسل، والمال والوصول بالخصم إلى الحق بطريق لا ينكره هو. الكلمات المفتاحيّة: المفاوضات، السياسة، الفقه السياسي، مقاصد الشريعة.   Abstract This study aims to highlight the Maqasidi perspective in the negotiation process in various domains of life, especially the political negotiation between states, societies, and organizations. The activation of the role of Political Jurisprudence in addressing some of the contemporary issues has been one of the main concerns of this short study. Among the most prominent aspects that were focused on: the meanings and importance of negotiations, their elements, theories, legality, and general purposes as well as characteristics and principles of negotiations according to the Objectives of Shari’ah. Three approaches have been applied here namely; the analytical approach to study the various scientific problems that are related to negotiations, and the inductive approach for examining and scoping the texts to know their purposes so that they can be adopted in the developments of our contemporary reality, in addition to the historical method which has been used in collecting and documenting historical information related to negotiations such as the factors that affected them, and the circumstances that surrounded them. Among the findings of the study, is that noticeably there is a correlation between the linguistic meanings of the concept of negotiations and their idiomatic concepts and that the negotiating process has some Shariah regulations and controls the most important of which is their association with interests that are not Islamically rejected and that they do not contradict a necessity considered by Islamic Law, nullify it, or prioritize it over a higher rank interest “Maslahah” than it without legal and logical support. Persuasion, cooperation on righteousness and piety, reconciliation between the litigants, safety in religion, life, intellect, lineage and wealth, are among the most significant purposes of negotiations. Keywords: Negotiations, politics, political jurisprudence, Maqasid al-Shari’ah


Fahm-i-Islam ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 17-34

Islam is such a comprehensive, all-inclusive and basically a socialist religion, which has declared, it as an obligatory to achieve what the society needs and the factors which can be a barrier to social development, are forbidden and affixed as Haram (illegal) by Islam. In this regard after Holy Quran, Sunnah is the key to solve the problems of Muslim Ummah, which opens the door for humanity to look on that how can the obligations and prohibitions occurring in each age and time can be resolved. As for as, the analytical work of Sunnah literature is concerned it is a very high contribution in the field of Hadith and in this article titled “An analytical study of Muslim Jurist’s opinion regarding Sunnah”, it has been reviewed on that how the Sunnah has ever been a valuable and perpetual attraction from the beginning in Islamic law, due to different aspects. The term Sunnah, which is denoted as المسلوکہ الطریقہ) a fixed way) applied by the prophet as a legal term what HEصلى الله عليه وسلمsaid, did, and agreed to. It is however used to donate any of the above correlated meanings irrespective of whether the way of life custom and conduct are merely acceptable, commendable or detestable and unacceptable ones. Exemplifying the polarizing usage the prophetic tradition, reads: “whoever initiates (or revives) a meritorious Sunnah, within the frame work of Islam shall in addition to reward of intimating that particular Sunnah be endowed with the reward those who would follow his example until the day of resurrection without this diminishing in least from their sins.”In spite of the fact that the term Sunnah is technically used to contribute both good and bad conducts, it is commonly used in the context of good and acceptable way. However, in this study it has also been focused on the road map and guidelines for the Muslim community as a whole and for Jurists as a very essential.


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