scholarly journals ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

rahatulquloob ◽  
2021 ◽  
pp. 1-13
Author(s):  
Dr. Abdul Wadood Abed ◽  
Dr. Hedayatullah Modaqiq
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Scientific Development ◽  
Spatial Factors ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
Temporal And Spatial ◽  
The One

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

scholarly journals ISU ISLAMISASI ILMU PENGETAHUAN DALAM PEMIKIRAN MUHAMMAD MUMTAZ ALI

2020 ◽  
Vol 1 (02) ◽  
Author(s):  
Heru Saiful Anwar ◽  
Safiruddin Al Baqi
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Western Thought ◽  
Other Hand ◽  
The One ◽  
Muslim Scholars

Muslim scholars or scientists are currently faced with a dilemma of thought and actions in responding to the challenges of the globalization. On the one hand, the onslaught of western thought such as secularism and liberalism is very strong, while on the other hand they must maintain the principles of Islamic law. So that their actions do not come out of Islamic law, it is very important for Muslim scientists to understand the concept of Islamization of Science. The figure who initiated this thought was Prof. Syed Muhammad Naquib al-Attas who then continues until now, one of them is Muhammad Mumtaz Ali. Muhammad Mumtaz Ali's works related to the Islamization of Science emphasize the importance of prioritizing the Islamization of science for Muslim scientists. The spirit of Islamization must continue to be strengthened for the advancement of Muslims. The vision and mission of the Islamization of Science will be difficult to achieve if Muslims are not united to achieve it. All Muslim scientists in various fields of knowledge are expected to understand Islamic law well, so that the knowledge they spread will not conflict with the rules of Allah SWT.

scholarly journals The Interrelation between Islamic Law and Regional Regulations in Jember (Examining the Maqāṣid al-Sharī‘at-based Reasoning in Istinbāṭ al-Ahkām)

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Muhaimin Muhaimin
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Religious Groups ◽  
Sociological Approach ◽  
Other Hand ◽  
Shari'a Law ◽  
The One

This study reviews the dichotomous concept of secular and shari’a laws. Such concept has led to new discourses: first, shari’a can influence national (modern) law without mentioning the Islamic framework in the formulation process. Second, the shari’a can stand on its own for particular religious groups who believe in its truth and place it in a higher position than the secular law. Third, the substance of shari’a and modern laws is integrable. This study uses an anthropological-sociological approach with Maqāṣid al-Sharī‘at framework. As a result, the study shows both national and regional legal products, on the one hand, are considered as the shari’a law as long as they are beneficial to and protect all people. On the other hand, the shari’a, which substantially reflects equality and fairness, can be claimed as modern law.     AbstrakStudi ini mengkaji konsep dikotomis hukum sekuler dan shari’a. Konsep tersebut melahirkan wacana-wacana baru: pertama, shari’a dapat mempengaruhi hukum nasional (modern) tanpa menyebutkan kerangka Islam dalam proses perumusannya. Kedua, shari’a dapat berdiri sendiri bagi kelompok agama tertentu yang meyakini kebenarannya dan menempatkannya pada posisi yang lebih tinggi dari hukum sekuler. Ketiga, substansi shari’a dan hukum modern terintegrasi. Penelitian ini menggunakan pendekatan antropologis-sosiologis dengan kerangka Maqāṣid al-Sharī‘at. Studi ini menyimpulkan bahwa produk hukum nasional dan daerah di satu sisi dianggap sebagai hukum shari’a selama bermanfaat dan melindungi semua orang. Di sisi lain, shari’a yang secara substansial mencerminkan kesetaraan dan keadilan dapat diklaim sebagai hukum modern.  

Rigidity Versus Openness in Late Classical Islamic Law: The Case of the Seventeenth-Century Palestinian Muftī Khayr al-Dīn al-Ramlī

1998 ◽  
Vol 5 (2) ◽  
pp. 165-195 ◽  
Author(s):  
Haim Gerber
Keyword(s):  
Seventeenth Century ◽  
Islamic Law ◽  
The Other ◽  
Customary Law ◽  
The West ◽  
Scholarly Literature ◽  
Other Hand ◽  
The One ◽  
The Impact ◽  
Over Time

AbstractIn this study I reexamine some well-known generalizations about Islamic law prior to the impact of the West, e.g., the contention that Islamic law became increasingly closed, based more and more on blind imitation. My examination of the fatwā collection of the seventeenth-century Palestinian Muftī Khayr al-Dīn al-Ramlī suggests that increasing closure never took place. On the one hand al-Ramlī faithfully continues the tradition of his classical predecessors, or, in other words, he practices taqlīd by obligating himself to earlier authorities. On the other hand, his fatwās convey a sense of openness, flexibility, and liveliness. These characteristics are concretized in some of the major terms that he uses: ijtihād, or free discretion of the jurist in areas of the law that remained open; iṣtiḥsān, or relaxation of formal rules; and ʿurf, or local customary law, which, by definition, is changeable over time. In my view, the flexibility of Islamic law has been underemphasized in the scholarly literature, and hence it is on this factor in particular that I have chosen to concentrate.

scholarly journals IBN HAZM DAN MADZHAB AZH-ZHAHIRI

ALQALAM ◽  
2010 ◽  
Vol 27 (3) ◽  
pp. 464
Author(s):  
Jaenal Aripin
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Unique Position ◽  
Other Hand ◽  
Important Position ◽  
The One ◽  
Ibn Hazm

Ibn Hazm (Abenhazam de Cordoba)'s thought has an important position in the study of Islamic law philosophy, especially dealing with his three main thoughts: differentiation between God and His creature dimensions, thoroughfulness of syari'a so that it is uncorrect to argue in the name of religion by using premises out of the texts, and the importance of language as a tool to understand the God's massages. Based on his thoughts, Ibn Hazm plays a unique position in the discourse of Islamic thoughts. On the one hand, his thoughts are philosophical, on the other hand, he is a textualistic and normative Zhahirianist. Hene, he is frequently called a philosopher who remains thinking normatively. Keywords: Literalisme, Mazhab, Ibnu Hazm, Azh-Zhahiri.

scholarly journals Konsep Perlindungan Nasab dalam Perspektif Hukum Islam

2021 ◽  
Vol 4 (1) ◽  
pp. 32-41
Author(s):  
Restu Ashari Putra ◽  
Reza Pahlevi Dalimunthe ◽  
Rizal Abdul Gani
Keyword(s):  
Human Nature ◽  
Islamic Law ◽  
The Other ◽  
The Core ◽  
Other Hand ◽  
The One ◽  
Exact Point

Benefit as the core of maqâshid al-syariah has an important role in the development of Islamic law. Because Islamic law was revealed with the aim of presenting the benefit of humans, both in this world and in the hereafter. One of the benefits that are protected is the protection of lineage. Nasab is human nature, because humans have the instinct to regenerate. On the other hand, humans have the nature of obedience to God. So that the two natures accumulate in lineage protection. Lineage protection is concerned with quantity on the one hand, and quality on the other. The exact point proportions of the two are seen from the bounded realm of reality. Lineage protection is not only about regeneration, but also includes all intermediaries (wasilah) that support it, both in terms of quantity and quality. The purpose of this study is to find out what things can damage the lineage, such as adultery, incest marriage, prostitution and so on.

scholarly journals Economic and Legal Analysis of Cryptocurrency: Scientific Views from Russia and the Muslim World

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 32
Author(s):  
Shamil Shovkhalov ◽  
Hussein Idrisov
Keyword(s):  
Islamic Law ◽  
Cost Effective ◽  
Legal Regulation ◽  
Business Community ◽  
The Other ◽  
Final Decision ◽  
Legal Institutions ◽  
Legal Analysis ◽  
Other Hand ◽  
The One

The article is devoted to the analysis of cryptocurrency as a new phenomenon in the modern global economic processes and legal institutions. The relevance of the study is predetermined by the very specifics of such a phenomenon as cryptocurrency consisting of a distributed ledger technology, which determines the peculiarities of issuing, storing and performing operations with cryptocurrency. Moreover, the cryptocurrency turnover directly correlates with the national legislation of individual countries, which are the subject of domestic regulation with currency, tax legislation and legislation on the securities market. Sometimes, in this regard, there is a clash of public interests and the interests of entities involved in the circulation of cryptocurrencies. Cryptocurrency, as an unconventional, trendy phenomenon of the recent times, has become the object of research and discussions on all the world platforms, starting with academia, continuing with the business community and ending with state institutions. There are many reasons for explaining such interest and they can all be reduced to two main blocks: the advantages and the disadvantages of cryptocurrency circulation. The problem of cryptocurrency turnover, on the one hand, is that until now none of the national economies have regulated the cost-effective mechanism for the cryptocurrency turnover and, on the other hand, the leading countries have not yet set up an effective system of legal regulation of cryptocurrency. Many countries are in the active process of working to adequately address the above problem. Separately, it is worth highlighting the interest of Muslim countries in this issue, where discussions are still underway about the permissibility of cryptocurrency in Islamic law. As for the Russian realities in the context of the issue under study, the Federal Law “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation“, which came into effect on 1 January 2021, was supposed to streamline relations of subjects including cryptocurrencies, but, according to the experts in this field, this law is far from impeccable and this sphere of relations cannot be quickly and effectively regulated. This article describes the characteristics of cryptocurrency, its essence, disadvantages and advantages as an object of economic and civil law relations. The purpose of the research is to analyze the economic and legal phenomenon of cryptocurrency, as well as its characteristics in the Muslim legal system. The complexity of the work should be emphasized as a novelty. Based on the designated goal and the logic of construction, the study consists of three interrelated parts. The first part outlines the characteristics of cryptocurrency as an economic category, the second part is devoted to its legal analysis and the last part of the study demonstrates the Islamic perception (Sharia analysis) of this phenomenon. As a conclusion on the scientific research, we will highlight the following provisions. First, economically, nowadays, cryptocurrency is a rather controversial financial instrument: on the one hand, it has great investment attractiveness, but on the other hand, it is subject to great volatility and seems to be a rather risky financial asset. Secondly, from a legal standpoint, cryptocurrencies have not yet found their consistent consolidation and further legal regulation in the Russian legislation. It seems that the legal regulation of this institution will systematically develop depending on what application and results of its turnover the cryptocurrency will have in the future. Finally, the Islamic interpretation of the cryptocurrency phenomenon boils down to the absence of a single, consistent explanation of it from the perspective of Islam and Sharia as an object of permissibility (or prohibition) of transactions with it. It is necessary to further analyze the practice of using cryptocurrency and its impact on the economy and legal institutions in order to make a final decision on its permissibility or prohibition in correlation with the types of activity and the upcoming consequences associated with it.

scholarly journals The Will for Heirs: A Juristic Analytical Study

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Analytical Methods ◽  
Analytical Study ◽  
Islamic Law ◽  
The Other ◽  
Majority Opinion ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
The Will ◽  
The Law ◽  
The Needy

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.

scholarly journals Rehabilitasi terhadap Korban Penyalahgunaan Narkotika di Badan Narkotika Nasional Provinsi Bali

2020 ◽  
Vol 1 (1) ◽  
pp. 243-248
Author(s):  
I Made Subantara ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Health Services ◽  
The Other ◽  
Scientific Development ◽  
Other Hand ◽  
Careful Control ◽  
The One

Narcotics continues to be produced at this time in addition to medicine as well as for the development of scientific studies. Narcotics, on the one hand, is a drug or substance that is useful in the field of medicine or health services and scientific development, on the other hand, it can lead to dependence and cause harm if it is not used properly and without strict and careful control and supervision. When used irregularly according to dosages, it can be physically and mentally damaging for those who use it to become dependent. This study aims to determine the procedures for implementing rehabilitation of victims of narcotics abuse and the obstacles faced by the National Narcotics Agency of Bali Province in rehabilitating narcotics abuse at the National Narcotics Agency of Bali Province. This research uses the normative method because there are still vague norms, based on the opinion of the undergraduate law and law.

scholarly journals Implementasi Hukum Islam di Indonesia dalam Perspektif Siyasah Syar’iyah

Hukum Islam ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 81
Author(s):  
Maswir Maswir
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Islamic State ◽  
Other Hand ◽  
The People ◽  
The World ◽  
The One

AbstractIslamic law is an inseparable part of Islamic teachings, Islamic law is the solution in all life. Because of all the rules that come from God, the purpose is for the benefit of all the people of Russia. However, in its implementation there are still many problems that arise because of the application of Islamic law itself cannot be applied as a whole. Meanwhile, Muslims are scattered in various parts of the world that are not all in the form of an Islamic state. Of course this raises a big problem, because on the one hand of Islam commands that Muslims implement Islamic law in kaphah, on the other hand there are Islamic teachings that cannot be implemented without the involvement of state institutions.AbstrakHukum Islam merupakan bagian yang tak terpisahkan dari ajaran Islam, Hukum Islam merupakan solusi dalam segala kehidupan. Dikarenakan segala aturan yang berasal dari Allah swt tujuannya adalah untuk kemaslahatan seluruh umat amnusia. Akan tetapi dalam implementasinya masih banyak menimbulkan persoalan disebakan penerapan hukum Islam itu sendiri belum bisa diterapkan secara menyeluruh. Sementara itu, umat Islam tersebar di berbagai penjuru dunia yang tidak semua dalam bentuk negara Islam. Tentu saja hal ini menimbulkan persoalan besar, karena pada satu sisi Islam memerintahkan agar umat Islam melaksanakan syariat Islam secara kâffah, di sisi lain ada ajaran-ajaran Islam yang tidak dapat dilaksanakan tanpa keterlibatan institusi negara.

scholarly journals Dinamika Perubahan Sosial Dan Hukum Islam

2016 ◽  
Vol 16 (1) ◽  
pp. 197
Author(s):  
Fathurrahman Azhari
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
The Other ◽  
Social Changes ◽  
Current Development ◽  
Social Community ◽  
Other Hand ◽  
The Social ◽  
The One

Abstract: The Dynamics of Social Change and Islamic Law are related each other in making a change. In the one hand,  social changeis caused by the Islamic law, but on the other hand, the change of Islamic law itself is causedby the social changes. The existence of Islamic law, which was brought  by Rasulullah Saw, had clearly changed the social community at that time;the changes started from jahiliyyah societyera that strongly held  their  tradition to the Islamic societyera that held Islamic law.By the same token, Islamic law had also made a change due to social changes. According to juries-prudency of Islamic law(regulations made by fukaha/Islamic cleric) that thechange of the fatwa (advice) was caused by the change of the periode, place, situation (niat) and tradition".  By doing the change of law, the Islamic law becomes dynamic, and adaptable and islamic lawswould be up to date in accordance with the current development and the social changes.الملخص: الدينا ميكية الاجتماعية والأحكام الشرعية مرتبطان في إيجاد التغير. من جهة كان التغير الاجتماعي بسبب وجود الأحكام الشرعية. ومن جهة اخرى تغيّر الحكم الشرعي بسبب التغيّر الاجتماعى . وجود الشريعة الاسلامية التي أتى بها الرسول الله صلى الله عليه وسلم غيّرت - بوضوح - المجتمعات فى ذلك الوقت من مجتمعات جاهلية متمسكة بالعادات إلى مجتمعات إسلامية متمسكة بالشريعة الاسلامية. ولكن الأحكام الشرعية أيضا تتغير بسبب التغير الاجتماعي الموافق بالقاعدة الفقهية التي وضعها الفقهاء " تغير الفتوى بتغير الزمان والمكان والاحوال والعادة " فبتغير الاحكام  تكون الأحكام الشرعية مرنة، عطوفة، لينة، قابلة للمواجهة ، اذن كانت الأحكام الشرعية قابلة للتجديد ومناسبة بتطور الزمان والتغير الاجتماعي. Abstrak: Dinamika sosial dan hukum Islam saling memiliki keterkaitan dalam melakukan perubahan. Satu sisi perubahan sosial karena hukum Islam. Di sisi lain, perubahan hukum Islam karena  perubahan sosial. Keberadaan hukum Islam yang dibawa oleh Rasulullah Saw. dengan jelas merubah sosial masyarakat pada waktu itu dari masyarakat jahiliyyah yang berpegang kepada adat kebiasaan mereka menjadi masyarakat Islam yang berpegang kepada hukum Islam. Tetapi hukum Islam juga melakukan perubahan karena terjadinya perubahan sosial. Sesuai dengan kaidah fikih yang dibuat oleh fuqaha: “berubahnya fatwa dengan sebab berubahnya masa, tempat, keadaan (niat) dan adat kebiasaan.” Dengan melakukan perubahan hukum, maka hukum Islam itu dinamis, dan mampu beradaptasi, sehingga hukum Islam itu op tu date sesuai dengan perkembangan zaman dan perubahan sosial.

Sign in / Sign up

Export Citation Format

Share Document