scholarly journals تعزیری جرائم کےلئے سزاکا قیام: ایک شرعی جائزہ

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
pp. 103-118
Author(s):  
Nisar Ahmad ◽  
Muhammad Anees
Keyword(s):  
Islamic Law ◽  
The Body ◽  
Legal Punishment ◽  
The Third ◽  
Muslim Countries ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Right

Islam is the religion of peace. Islamic law describe a complete and comprehensive law of punishment for the eradication of crimes and maintenance of peace. According to Islamic law, the punishments can be classified under three main categories: Al-Hudud (fixed punishments), Al-qisas (Retaliation), and Al-Taazir (discretionary). Hudud means the punishment which has been specified in the Holy Quran and Sunnah and no individual or group has the right to amend or abrogate it. The second is Qisas, which means the equal retaliation of an aggression committed against the body of a person. The third Kind of Islamic legal punishment is Taazir, it means, a crime for which The Holy Quran and Sunnah have not fixed any punishment, instead, have left it to the discretion of the judges. But in the recent era, many of the Muslim countries don’t leave the punishments of the penal crimes (Taaziraat) to the discretion of the Judges, each Muslim state restrict the rights of the Judge to give punishment at his own’s discretion, and legislating for the punishments of penal crimes (Taaziraat), and make the Judges abide by a particular measure of punishment for penal crimes (Taaziraat). In this articles, we will analyze the above mentioned issue in the light of Islamic principles, that what, it is lawful for any Muslim state to legislate for the punishment of penal crimes or not?

scholarly journals THE GLORIOUS QUR'AN AND THE ARABIC LANGUAGE SOVEREIGNTY

2020 ◽  
Vol 2 (4) ◽  
pp. 38-60
Author(s):  
HAIDER AL–ZUBAIDY ◽  
Keyword(s):  
Arabic Language ◽  
The Body ◽  
Current Paper ◽  
The Third ◽  
Holy Quran ◽  
Strong Relation ◽  
The Holy Quran ◽  
Desert Areas ◽  
Arab People

The current paper highlights the strong relation between the Arabic Language and its divine book- the Glorious Qur'an- Besides, this relation and its diversified types are crystal clear in the Glorious book. Moreover, they have great influences on Arabs and the Arabic language as well. The first speaks about the horizon of extension in our glorious Arabic Language and its greatest. The second examplifying some analytic examples for the pheneweron of significance-extensity in the Holy Quran. The third showes a chosen groups of affecting Pheneweuons on significance-extensity extending the sewantic horizons and fumally the couclusion which contains the main results I have reached with an index of sources and referuces of the research. These impacts are as follows: Arab people moved from desert areas of the peninsula to cities and the ascended the throne of domination and sovereignty and maintaining the integrity of the Arabic Language by unifying this great language and expanding aspects of languages and its uses not to mention other impacts that will be found by the readers in the body of the paper.

scholarly journals DELEGATION OF THE RIGHT OF DIVORCE AND ITS REVOCATION IN ISLAMIC AND PAKISTANI LAW: A COMPARATIVE STUDY

2021 ◽  
Vol 04 (01) ◽  
Author(s):  
Ihsanullah Chishti ◽  
Ayesha Snober
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
Family Law ◽  
The Real ◽  
Legal Texts ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Right ◽  
Muslim Family ◽  
Muslim Scholars

Delegation of divorce and its revocation is an important issue in the discipline of Muslim family law, which especially highlighted by Muslim scholars in Pakistan after the legislation of Muslim Family Law Ordinance 1961 in this regard. Actually, the legality of the issue in the classical Muslim jurisprudence is not questionable due to its institution by the legal texts of the Holy Quran and Sunnah. But the Muslim scholars distinguish between pre- and post-contract delegation of right of divorce to the wife. As for as concerned the Pakistani Muslim family Law ordinance 1961, which legalized that right to divorce may be delegated to wife at all. We have tried to study in this article the real status of the issue in the light of Quran and Sunnah and opinions of the early Muslim Jurists in this regard. This study is based on the comparison between the practically applied law in Pakistan and legitimate position of the said case in Islamic Law.

scholarly journals Inheritance, Sheikh Abdullah Hadid (May Allah Have Mercy on Him) and his Role in Building Society

2020 ◽  
Author(s):  
Moahmmed Hamzah Abbas Alisawi
Keyword(s):  
Islamic Law ◽  
Community Building ◽  
Building Society ◽  
The Third ◽  
Types Of Knowledge ◽  
Personal Experiences ◽  
Islamic Jurisprudence ◽  
Holy Quran ◽  
The Holy Quran ◽  
The City

The Islamic Ummah introduces many scholars to various kinds and types of knowledge, especially in Islamic jurisprudence. Consistent with my desire to facilitate this, and revive the memory of those scolars who served the city of Fallujah and the dissemination of the teachings of Islamic law in general and Islamic jurisprudence in particular, this article focuses on one of the prominent figures of this city, Sheikh Abdullah Hadid. This article discusses his life, his biography, and his impact and great virtue on students of the Alsifiyah school, where he taught the Holy Quran before joining Alasfia. He was the first agent of the Court of Fallujah in matters of inheritance, allowing his reputation to spread among people in Anbar and nearby provinces. This research is grounded on sa series of interviews with his former students a range of other sources and references. In addition, I draw on my personal experiences of his teaching (when he taught me the method of Altzbir and spelling of the Holy Quran), and the years I accompanied him before his illness and death nces. The introduction focuses on the importance of the topic and the reasons for choosing it. The first segment considers his name, lineage, birth, and death. The second segment explores his method of teaching the the Holy Quran and inheritance. The third segment focuses on his religious and reformist role in society. The conclusion summarises my findings with regards to his impact on the construction of communities. Keywords: Sheikh, community building, scientist, Abdullah Hadid, my assumption.

scholarly journals Debt and Pledge Verses in the Holy Quran: An Objective Inimitable Study: آيتا الدَّين والرِّهَان: دراسة إعجازية موضوعية

2019 ◽  
Vol 2 (6) ◽  
Author(s):  
Shareefah Abedulkareem Freihat
Keyword(s):  
Urban Areas ◽  
The Other ◽  
The Third ◽  
Other Hand ◽  
Holy Quran ◽  
The Status ◽  
The Holy Quran ◽  
Fear Of God ◽  
The Right ◽  
Status Of Women

    This study shows the legislative miracles in Ayah Debt and Ayah Mortgage and also it shows the accuracy of the Koran in the issues which is related to religious questions of Mortgage. The study dealt with the issue of writing the debt and the related rules for the debtor, lender and the writer of the debt; therefore, the right will not be lost and to achieve the goal of the act of debt which is gain the good form God and even not regret for debiting and lose reward from God. So, the debtor should state and recognize the right to give back the lender his money in the agreed time. At the same time, the Ayah stated the right of the debtor not to be exploited for his weakness or for his weak needs. As it stated also the indications that are harmful to the debtor from his or her inability to payback the debt, there are those who represent the debtor to payback the debt. The second topic discusses the issue that; in order to increase the creditability and guardianship and the preservation of rights, the verses stated the issue of witness, witnesses are either two men or men and two women and in view of the testimony of two women modify the testimony of one man which is very wise: to take into account the status of women in forgetfulness commensurate with her high profession and mandate The Lord has her motherhood and caring for her children. The Ayah stated the importance of attendance of the witnesses when it is needed for the preservation of rights, if necessary. The third topic deals with the issue of trade and writing of trade and showing the similarity between debt and trade in the term and the possibility of ignorance or forgetfulness. In order to avoid the conflicts and problems writing and witness were applied too. To achieve balance in the control of rights, the Ayah came to emphasize the piety because it is the only deterrent to those who violate the Gods’ ordered. As for traveling, the situation is different in urban areas, the possibility of the availability of the writer and the witnesses is almost weak, consequently to protect the rights in debt and trusteeship is discussed in the fourth topic. The mortgage is a means of preserving the rights and be away from conflicts and dispute. On the other hand; in the case trusteeship were it must be given to a trustful person, and the in case of payback the debt without writing or certification or mortgage; the fear of God is enough to justify the rights.    

Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis

2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda
Keyword(s):  
Saudi Arabia ◽  
United Arab Emirates ◽  
Islamic Law ◽  
Family Law ◽  
Marriage Law ◽  
The Third ◽  
Muslim Countries ◽  
Fourth Type ◽  
Modern Family ◽  
The Difference

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

Revitalising Waqf (endowment) lands for agribusiness: potentials of the anchor company models

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Norfaridah Ali Azizan ◽  
Amirul Afif Muhamat ◽  
Sharifah Faigah Syed Alwi ◽  
Husniyati Ali ◽  
Amalia Qistina Casteneda Abdullah
Keyword(s):  
Household Income ◽  
Design Methodology ◽  
Potential Role ◽  
Islamic Law ◽  
Living Condition ◽  
Previous Literature ◽  
Content Type ◽  
Muslim Countries ◽  
The Right

PurposeWaqf (endowment) lands constitute as among the highest types of waqf (endowment) properties in Malaysia; yet it is still unable to reach its maximum potential due to various challenges such as capital, location, legal and administrative issues. Therefore, this study intends to explore these issues by focussing on the two states in Malaysia (Selangor and Perak) that have fertile lands but different management authorities.Design/methodology/approachThere were series of interviews that had been conducted with ten (10) key informants who are experts and practitioners in the areas of Shariah (Islamic law), farming, agribusiness, land management and waqf.FindingsFindings exhibit that constraints and challenges that had been highlighted in the previous literature still exist (although some improvements had been made), but there is emerging theme that the study intends to highlight which is on the needs to secure market for the agribusiness produce and the potential role of anchor company in the agribusiness. It is pertinent that for agribusiness to thrive, selecting the right anchor company that has the capacity to address the challenges is necessary. This study posits two anchor company models (Waqf Trustee-Anchor Company and Waqf Trustee-Anchor Company-Community Farmers) that can be applied for agribusiness on the waqf lands.Research limitations/implicationsThis study is based on the Malaysia's context influenced by specific country's features. Nevertheless, such findings can still be used as reference or benchmark by other endowment trustees in other countries especially for the Muslim countries as well as the non-Muslim countries that have significant Muslim populations.Social implicationsThe suggested models have potentials to improve the living condition of the B40 (below 40% household income) in Malaysia because the models encourage their participation in the agribusiness activities.Originality/valueThis study focusses on the agribusiness, which is rarely being given attention in previous literature in the context of endowment lands. Therefore, this article bridges the literature gap and at the same time attempts to provide suggestion to address the pertinent issue – the underutilised endowment lands.

MENGESAN KEWUJUDAN JIN BERDASARKAN PERUBAHAN WARNA AURA

2017 ◽  
Vol 5 (2) ◽  
pp. 36-49
Author(s):  
YOHAN KURNIAWAN ◽  
ALEXANDER STRAK ◽  
BURHAN BIN CHE DAUD ◽  
HISHAMUDDIN MD. SOM ◽  
ABDUL AZIZ BIN SUAIB
Keyword(s):  
Experimental Study ◽  
Data Collection ◽  
The Body ◽  
Data Collection Methods ◽  
Red Color ◽  
Holy Quran ◽  
The Holy Quran ◽  
Color Data ◽  
Source Of Information ◽  
Collection Methods

Kewujudan jin merupakan suatu kepercayaan yang telah lama wujud dalam kalangan masyarakat Melayu di Nusantara, khususnya di Malaysia. Kewujudan jin telah diterangkan secara jelas dalam kitab suci Al-Quran. Walaupun terdapat sumber maklumat yang sahih akan tetapi kewujudan jin ini belum dapat dibuktikan secara saintifi k. Kajian yang dijalankan ini bertujuan untuk mengenal pasti dan memahami fenomena kewujudan jin berdasarkan warna aura. Kajian yang dijalankan merupakan kajian eksperimental dan melibatkan seorang responden yang memiliki saka. Kaedah pengumpulan data yang digunakan dalam kajian ini adalah perubahan warna aura dan temu bual. Peralatan kajian yang digunakan adalahperalatan WinAura untuk mendapatkan data perubahan warna aura, dan peralatan rakaman untuk data temu bual. Hasil kajian mendapati kewujudan jin dalam badan seseorang ditandai dengan warna merah yang wujud secara tiba-tiba dan konsisten pada bahagian badan tertentu terutamanya pada bahagian dahi, tekak atau pada bahagian badan sebelah kiri. Hasil temu bual mendapati rawatan perubatan Islam yang dilakukan oleh responden mengatakan bahawa terdapat jin dalam diri responden. Kajian ini berjaya membuktikan kewujudan jin dalam diri responden berdasarkan perubahan warna aura.   The existence of the jinn is a phenomena that has long existed among the Malay community in Nusantara, especially in Malaysia. The existence of the jinn has been described clearly in the Holy Quran. Although there is a valid source of information, unfortunately the existence of the genie has not been scientifically proven. The study was aimed to identify and understand the phenomenon of jinn existence based on aura color. The study was an experimental study and involved a respondent who has saka. Data collection methods were used in this study was aura change color and interview. The equipments was used in this research were the WinAura machine to obtain of changing color data of the aura. The study found that the existence of genie in a person’s body was characterized by suddenly and consistent appear of red color in certain parts of the body, especially on the forehead, throat or on the left side of the body. The interviews also found that the characteristics and experience that the respondent’s surrounding and the there are energy or strength that followed respondent. This study proved the existence of supernatural beings (genie) based on aura change color.

THE PROBLEM OF ESTABLISHING THE CHILDʼS ORIGIN AND THE CHILDʼS RIGHT TO A FAMILY IN THE CONTEXT OF ISLAMIC LAW

2021 ◽  
pp. 205-211
Author(s):  
N.V. Kravchuk ◽  
Keyword(s):  
Islamic Law ◽  
Differential Regulation ◽  
The State ◽  
Muslim Countries ◽  
The Right

The review is focused on the issue of participation of the state in establishment of paternity and securing of the right in Muslim countries. Measures, adopted in this area, as noted, do not eliminate discrimination between children born in marriages and children born out of wedlock, but make their situation worse by allowing differential regulation of the same issue with regard to different groups of people.

Aplikasi Teori Mahjub terhadap Pembaikan Sebutan Bunyi Bahasa Arab dalam Kalangan Pelajar Sabah - Application of Mahjub Theory in Arabic Pronunciation among Sabahan Students

2017 ◽  
Author(s):  
ISSRAQ BIN RAMLI ◽  
MOHD ZAKI ABD. RAHMAN
Keyword(s):  
Secondary School ◽  
Arabic Language ◽  
Future Research ◽  
Learning And Teaching ◽  
The Third ◽  
Alternative Approach ◽  
Holy Quran ◽  
Post Test ◽  
Arab Students ◽  
The Holy Quran

Terdapat banyak modul sebutan berada di pasaran yang memperkenalkan teknik pembelajaran dan pengajaran sebutan al-Quran al-Karim dan bahasa Arab. Ada yang menggunakan kaedah klasik, moden dan ada juga yang menggunakan kedua-dua kaedah secara komprehensif. Namun, amat sedikit kita lihat kaedah yang dapat memperbaiki sebutan dan menumpukan secara khusus teknik kepada pelajar bukan Arab. Sering kali diperkatakan tentang masalah sebutan pelajar Sabah tanpa membuat kajian secara terperinci dan ilmiah. Justeru, kajian ini dibuat untuk melihat masalah sebenar sebutan bunyi bahasa Arab pelajar Sabah dan seterusnya mengaplikasikan teori Mahjub (1993) untuk memperbaiki masalah sebutan bahasa Arab. Kajian ini dilakukan di sebuah sekolah menengah kebangsaan di Kota Kinabalu yang responden kajiannya ialah pelajar sekolah tingkatan empat. Objektif kajian adalah untuk mengenal pasti secara ilmiah permasalahan sebutan dalam kalangan pelajar Sabah dan mengaplikasi kaedah fonetik Mahjub, seterusnya melihat keberkesanan modul Mahjub sebagai instrumen terbaik memperbaiki sebutan pelajar Sabah. Kajian kualitatif ini menggunakan huruf-huruf konsonan yang sukar bagi pelajar asing yang dibuat oleh Mahjub (1993) yang menggunakan modul yang digunakan untuk memperbaiki sebutan Arab pelajar asing. Terdapat tiga langkah utama dalam kajian ini, iaitu rakaman ujian pertama (U1) sebagai sebutan bahasa Arab terkini pelajar Sabah, kemudian langkah kedua melaksanakan PdP berdasarkan PdP Mahjub dan langkah yang ketiga membuat rakaman ujian kedua (U2) untuk melihat keberhasilan teori Mahjub dalam memperbaiki sebutan pelajar Sabah. Hasil Kajian menunjukkan nilai yang sangat signifikan antara U1 dan U2. Daripada sembilan huruf yang diuji itu, konsonan ‘Ayn [ع] paling baik disebut oleh pelajar dan huruf Dad [ض] paling sukar disebut dalam U1. Dalam U2, huruf Ta’ [ط] paling sukar disebut dan huruf Sad [ص] paling mudah disebut. Dalam U1 Fathaṯ paling tinggi skor dengan 68.2 berbanding Sukun yang mempunyai skor paling rendah dengan 33.3. Secara puratanya, dalam U1 pelajar atau responden hanya mendapat purata sekitar 55 skor min bagi Dammaṯ dan Kasraṯ. Namun, pada U2 peningkatan masing-masing Dammaṯ dan Kasraṯ. mendapat skor yang hampir sama, iaitu 77.9 dan 76.9. Data menunjukkan bahawa Sukun paling bermasalah kepada responden dalam sebutan. Begitu juga terdapat perubahan yang signifikan dalam ujian kedudukan Fathaṯ, Dammaṯ dan Kasraṯ dari U1 kepada U2. Kajian menunjukkan bahawa teori Mahjub ini berhasil memperbaiki masalah sebutan dalam kalangan pelajar Sabah dan memberikan satu alternatif untuk diaplikasi dalam PdP pelajar dan membuka ruang kepada penulis lain untuk memanjangkan kajian pada masa akan datang. There are many modules/methods available in the market to introduce the techniques of learning and teaching the Holy Quran and the Arabic language. There are classical and modern methods in teaching the Holy Quran, and some might combine both classical and modern to help students to learn the Holy Quran. But there are only few methods which can really help to improve the pronunciation of Arabic especially among the non-Arab students who learn Arabic as a second language. This pronunciation problem is often discussed by the Arabic teachers but there are lack of proper studies to overcome this problem. Therefore, this study aims to identify specifically the pronunciation problem and to measure if the Maḥjub Theory can be applied to help in overcoming it. This study was conducted in a secondary school in Kota Kinabalu. The respondents were all Form 4 students. This qualitative study used the Maḥjub Module (1993) to rectify consonant letters that are difficult to pronounce by the Sabahan students. This study has undergone three phrases. The first phrase is U1 where the pre-test is carried out to evaluate the current capability of the respondents. The second phrase applied the Maḥjub Method in the PdP. The third phrase is U2 where the post-test was carried out after the Maḥjub Method was applied to the respondents. This study showed significant value between U1 and U2. Nine consonant letters were tested in this study. In U1, ‘Ayn [ع]was the easiest to pronounce and Dad [ض] was the most difficult to pronounce by the respondents. In U2, Ta’ [ط] was the hardest to pronounce and Sad [ص] was the easiet. In U1, Fathaṯ was the highest with 68.2 score as compared to Sukun with 33.3 score. Overall, respondents scored a mean of 55 for Dammaṯ and Kasraṯ in U1. However, in U2, Dammaṯ and Kasraṯ showed very close score as of 77.9 and 76.9. The data also showed that Sukun is the hardest part for the respondents.This study had proved that the Maḥjub Method is enabled to enhance and improve the difficulty in pronunciation among the students in Sabah. Therefore, the Mahjub Method gives educators an alternative approach to apply in their teaching and also other researchers for ideas to carry out future research in this field.

Homicide in Islamic Law

1951 ◽  
Vol 13 (4) ◽  
pp. 811-828 ◽  
Author(s):  
J. N. D. Anderson
Keyword(s):  
Islamic Law ◽  
Discretionary Power ◽  
The Third ◽  
Simple Classification ◽  
First Category ◽  
Injured Party ◽  
The Right ◽  
Exclusive Or

Perhaps the first point which attracts the attention of the European lawyer who begins to study the treatment of qatl (homicide) in the text-books of Islamic law is that it is there treated, in modern parlance, more as a tort than a crime. To understand the offence properly, however, no such simple classification will suffice: instead, it is essential to view it in its historical setting and detailed development.Under the heading of ‘uqūbāt, or punishments, Muslim lawyers treat primarily the very limited number of offences for which definite penalties (hudūd, singular hadd) are expressly prescribed in the arīa, although reference is also frequently made to the discretionary power of the Ruler or Judge suitably to punish other wrongdoing. Offences in general, moreover, are normally sub-divided into those which are regarded as exclusively involving the “right of God”, those in which both the “right of God” and the right of some individual is recognized but the former is held to preponderate, and those in which the latter is regarded as predominant. In the first category all jurists include sariqa in its two degrees (theft and brigandage), zinā (illicit sex relations), urb (wine drinking) and, when placed in this context, irtidād (apostacy from Islam); in the second, some jurists place qaf (the unproved assertion of a chaste person's incontinence), although others put this in the third category; while in the latter all include homicide and wounding. In effect an offence in which the right of God (as the Head of the community) is held to be exclusive or preponderant more or less corresponds to the modern crime, and one in which a private individual's right is regarded as predominant to the modern tort, for the chief practical difference is that in the former neither the party primarily injured nor, indeed, the Court may drop the case or allow a settlement once it has been started, while in the latter the injured party may do either at his or her discretion.

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