scholarly journals مرکزکوفہ کے تابعین کی تدوینی خدمات

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 295-310
Author(s):  
Muhammad Fayyaz Khan ◽  
Muhammad Anees ◽  
Aftab Ahmad
Keyword(s):  
Islamic Law ◽  
Keen Interest ◽  
Research Article ◽  
Written Form

Hadith is the second source in Islamic Law. As from the Start MUHAMMAD (SAW) forbid the companion to write Hadith but after some time the Holy Prophet gives permission. From the Start of giving protection to Hadith or Quran basically, we are seeing two types of methods one is to memories and the second one is in written form. After Companion, their followers have spread to different locations. In these locations, Kufa played a Vitol role . Followers of this area were taking a keen interest in this subject. For this purpose they make all the necessary arrangements for example build Madrassa and wrote the Hadith according to the rules of narrating (riwaya) and deep comprehension (diraya) of Prophetic statements. In this Research article, we will describe shortly the editing services of the followers of center Kufa. How they have followed the rules and what are their efforts in this subject.

Tawarruq: Controversial or Acceptable?

2019 ◽  
Vol 33 (4) ◽  
pp. 307-333 ◽  
Author(s):  
Ahmed Mansoor Alkhan ◽  
Mohammad Kabir Hassan
Keyword(s):  
General Practice ◽  
Empirical Data ◽  
Islamic Law ◽  
Banking Industry ◽  
Empirical Work ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Research Article

Abstract The debate about tawarruq (monetisation) has been ongoing, especially with regard to the permissibility of organised tawarruq. The majority of contemporary Sharīʿah scholars, including the Organization of Islamic Cooperation in 2009, ruled that organised tawarruq is impermissible according to Sharīʿah (Islamic law). Nevertheless, organised tawarruq remains a widely-used product in the international Islamic banking industry. Having reviewed the literature and reasons pertaining to the prohibition of organised tawarruq, this research article argues that the prohibition ruling may have been based on certain wrongful practices that existed in the industry, rather than on evidence provided from the Sharīʿah. This research includes empirical work that qualitatively analyses organised tawarruq transactions executed by three Islamic banks in the Kingdom of Bahrain. Using empirical data and analysis provided, this article suggests that the general practice of organised tawarruq might be permissible according to Sharīʿah.

scholarly journals Praktik Akad Nikah Bagi Mempelai Tunawicara dalam Perspektif Kompilasi Hukum Islam

2021 ◽  
Vol 3 (2) ◽  
pp. 244-267
Author(s):  
Achmad Baihaqi ◽  
Said Abadi
Keyword(s):  
Islamic Law ◽  
Speech Impairment ◽  
Power Of Attorney ◽  
Legal Rules ◽  
Normative Approach ◽  
Marriage Contract ◽  
Written Form ◽  
Approach Method

The author is interested in researching the practice of the marriage contract with the bride and groom who have limitations in pronouncing the contract (impaired), from practice in the field it is often the case that the marriage contract of the non-verbal bride is carried out by a representative but without a clear power of attorney, it is not entirely wrong. Because sometimes both parties believe that there will be no dispute in the appointment of representatives. The bride and groom base the implementation of their marriage contract on the encouragement of the community, clerics, customs, and indeed an agreement between the two parties. The approach method used in this paper is a juridical-normative approach in the study of fiqh. A juridical approach by examining legal rules and a normative approach in the study of fiqh is used in analyzing problems that occur in society. For provisions that require the granting of power in writing, basically it is not stipulated in the book of fiqh. In fact, fiqh explicitly stipulates that it can be in the form of words (عبارة) or in written form. There is nothing wrong with the provisions stipulated by the Compilation of Islamic Law, which are promulgated, following the rules of al-maslahah al-mursalah which have been explained or the concept in the book of Bughyah al-Mustarsyidn which says that government decrees which are not forbidden by the Shari'a must be obeyed physically and mentally. If it is against the Shari'a, such as obliging something that is haram, then it is enough to obey outwardly. In article 17 paragraph (3) of the KHI which reads "For the prospective bride and groom who suffers from speech impairment or deafness, consent can be stated in writing or signs that can be understood," so without a power of attorney there is nothing wrong or allowed. What is clear is that the marriage is still valid, the KUA does not require the speech-impaired bride and groom to make or show a power of attorney.

scholarly journals Cryptocurrencies and the Causes of Prohibition from Shari’ah Perspective

2021 ◽  
pp. 13-28
Author(s):  
Ali Mahdi Al-Kathiri
Keyword(s):  
Saudi Arabia ◽  
Organized Crime ◽  
Islamic Law ◽  
Economic Security ◽  
The State ◽  
Research Article ◽  
Private Money ◽  
Definition Of ◽  
Modern Image

النقود الافتراضية المشفرة وآثارها المفضية للقول بالتحريم علي مهدي الكثيري باحث في الاقتصاد الإسلامي - المملكة العربية السعودية الملخص يستعرض هذا البحث توضيحا لمفهوم النقود، وتطورها عبر التاريخ، وعلاقتها بالصورة الحديثة من العملات الرقمية، ومن ثم التعريف بالنقود الافتراضية المشفرة أو ما يسمى بالعملات الرقمية، إلى أن يصل بالقارئ إلى هدف هذا البحث وهو جمع شتات الأقوال الفقهية التي ترى عدم جواز التعامل بمثل هذا النوع من النقود، وأسباب التحريم، مع تصنيفها إلى ثلاثة أقسام رئيسة بحسب الآثار الناجمة عنها، وهي: انتشار الجريمة المنظمة، والاعتداء على صلاحية الدولة، والاعتداء على المال الخاص. ثم أوصت الدراسة بأهمية أن يولي الباحثون في العلوم الشرعية اهتماما أوسع في تحرير هذه النازلة، وأن تتولى الحكومات إصدار نقود رقمية معتمدة تنافس النقود الرقمية الحالية، وتستفيد من التسهيلات الموجودة فيها، حفظا لأموال مواطنيها وحماية لأمنها المالي والاقتصادي. الكلمات المفتاحية: الاقتصاد الإسلامي، العملات الافتراضية، النقود المشفرة. RESEARCH ARTICLE Cryptocurrencies and the Causes of Prohibition from Shari’ah Perspective Ali Mahdi Al-Kathiri Researcher in Islamic economics, Kingdom Saudi Arabia. Abstract This research reviews the concept of cash and currencies, its development throughout history, its relationship to the modern image of digital currencies, and the definition of encrypted virtual currencies or the so-called cryptocurrencies. The aim of this research is to collect the various jurisprudence sayings that consider the impermissibility of dealing with such type of money, the reasons for prohibition, and its classification into three main sections according to the effects resulting from it: the spread of organized crime, violating the authority of the state, and encroachment on private money. The study then recommended the importance that researchers in Islamic law and jurisprudence sciences pay greater attention to study this calamity, and that governments should issue certified digital currencies that competes with current digital currencies, and benefit from its facilitates in order to preserve the currencies of their citizens and protect their financial and economic security. Keywords: economics, virtual currencies, cryptocurrencies

U-4 The Importance & Significance of DNA Evidence in Islamic Shari'ah

2020 ◽  
Vol 4 (2) ◽  
pp. 63-80
Author(s):  
Zain-ul-Abdin Arijo
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Modern Science ◽  
The Body ◽  
Whole Body ◽  
Modern World ◽  
Dna Testing ◽  
Dna Evidence ◽  
Research Article ◽  
History Of

This research article discusses facts about DNA. It is the building block of the body that plays an important role in making the whole body. It is the inherent substance of not only humans but also all other organisms, which is the key to sharing information from parent to child. All genetic information has been structured to transmit traits from one generation to the next, and also to discover the history of DNA. DNA is not only discovered by accident, but by research, it is discovered in its proper way, along with its existence and production. In the light of modern science and Islamic law, the effects and results of DNA tests have also been made clear that Islam has made everything clear like glass even though a single test can produce positive results. DNA testing is specifically designed to help you answer our questions about childbirth. This article mentions several Islamic rules regarding human life. DNA testing is a new and innovative technique. Which is done for different purposes but in the light of Islam unlike the modern world, it has a different view.

scholarly journals THE PROPERTY IN ISLAM (IMAM MUHAMMAD ABU ZAHRAH’S PERSPECTIVE)

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
BADRUN SYAHIR ◽  
MUSTAFFA ABDULLAH
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
Way Of Life ◽  
Keen Interest ◽  
Muslim Scholar ◽  
The Core ◽  
The Subject ◽  
Liberal Concept ◽  
Do So ◽  
Muslim Scholars

Based on an observation through many communities, it is obviously that people are very careless on the possession of property, or even merely to get the advantage from it. They used not to think about, but prefer to neglect, the rightness of owning, the rightness of acquiring and the rightness of spending the property. In their mind is whatever they can gain, irrespective to the ethic and moral on the way of reaching and gaining, is totally belong to them, and they are free to do so ever. It is a very liberal concept of property.As a way of life, Islamic order ruled all aspects of life including the ownership of the property. There many verses of Al Qur’an as well as the teaching of the prophet Muhammad PBUH about the property. But the problem is there are many muslim scholars who has interpreted Al Qur’an on the fact and reality based only, and not due to the core of the mission of Al Qur’an. Not to pick the Qur’an teaching up to the life, or to build up the life depend on the doctrine of Qur’an, as it is ought to.Imam Muhammad Abu Zahrah, the famous and prominent Egyptian muslim scholar in the first twentieth century who has great intention and desire of the implementation of Islamic law was one who has keen interest on the issue of economy, especially on the issue of usury (riba). He has written several articles, papers and a book as well, on the subject of riba. Moreover, he has also written a set of Qur’anic Interpretation (Tafsiir) in which he commented on some verses concerning the property and wealth.  

scholarly journals THE VEDIC CULTURE AS THE SOURCE OF UKRAINIAN LAW

2021 ◽  
pp. 20-29
Author(s):  
B. Danylenko
Keyword(s):  
Islamic Law ◽  
Asian Country ◽  
Historical Science ◽  
Christian Church ◽  
Ancient Source ◽  
European Languages ◽  
Written Form ◽  
Indian Law ◽  
High Level ◽  
Xix Century

The aim of this article is to determine the influence of vedic culture on the development of Ukrainian law. The paper utilises the elements comparative study of law, linguistics, and deductive methods. The vedic culture was rediscovered by Englishmen, when they conquered India. The colonialists discovered, that in this remote Asian country vedic culture was preserved and dominated local people. On the basis of sacred books – Vedas – the complicated system of law was developed. It was fixed in written form in so called Dharma-shastras or Dharma-shustras. The colonial administration had to study Indian law to fulfill its duties. But for European people it was hard to understand its key concept – dharma. Dharma is a very complicated concept, that demonstrates high level of philosophic and legal thought. The indian vedic priests affirmed, that Vedas contain the whole vedic law and can not be changed. That is why the legal custom and law doctrine developed in India. This peculiarity is common for Vedic law and Islamic law. Islam appeared thousands years after Vedas were written. One of the founders of Islamic Law descended from vedic culture. So the author makes the conclusion, that Islamic Law borrowed its concept of interpretation of sacred texts from vedic culture. In XIX century linguistical studies of European scientists revealed the unexpected proximity of Indian and European languages and cultures. So scientists invented the term "indo-european". But historical science ignored the results of linguistical studies and localized vedical culture only in India. Linguistical, archeological and written data show, that vedic culture, believes and law dominated on the territory of Ukraine for many thousands of years. Rus people (now called the Ukrainians) worshiped vedic gods and had their own Vedas. But Vedas were stolen by Ortodox Christian Church. This history is known thanks to "The Book of Veles", written by Rus (Ukrainian) vedic priests in IX century. Modern Ukrainian linguists show the parallels between sanscrit, hindi and Ukrainian words about state and law. In XIX century many monuments with inscriptions were found in Crimea, that revealed the vedic origins of Europe. Most of them were taken by Russians and Englishmen and now are kept in Russian and British museums. One of them directly indicates on usage of Dharma-shastras in Crimea in III century A.D. The Vedas is the most ancient source of Ukrainian law. It is the basis of its development.

Consensus in the Islamic Legal System

2016 ◽  
Vol 33 (4) ◽  
pp. v-x
Author(s):  
Zakyi Ibrahim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
The Other ◽  
Muslim Community ◽  
Additional Source ◽  
Community Or ◽  
Written Form ◽  
Theological Authority

All Muslims regard the Qur’an as authoritative. The Sunnah, on the otherhand, although authoritative to the majority of Muslims, does not enjoy suchuniversality.1Yet to the Sunnis and Shi‘ahs, both of them are so authoritativethat they are unquestionable sources of Islamic legal system. Thus, they aresources “from” which Islamic law is directly derived. So what makes “consensus”(ijmā‘: whether of the Muslim community or of the scholars) such acompelling candidate for an additional source of the legal system as far asSunnis are concerned? I contend that (1) the early jurists viewed this as thesafest way to inoculate and safeguard that system (and the other sources) fromindividual abuse and personal manipulation and that (2) without consensusand why it was originally construed and framed (notwithstanding how it wasapplied) by the jurists, the Qur’an and the Sunnah (despite their inherent religiousand theological authority) would be meaningless or inadmissible aslegitimate sources of law. But before I discuss consensus, I would like to addressthe two authoritative sources of law.All Muslims accept the Qur’an as God’s own words and therefore as themain source of the legal system (fiqh). Before the jurists began to deliberateand codify fiqh, the Shari‘ah was already embedded in the Qur’an and Muslimswere living their socio-religious and politico-economic lives in accordancewith its teachings. Therefore, when the jurists were ready to put thelaws into written form, they located all its original rules and expounded uponthem. However, universal recognition differs from universal agreement on themeaning of specific injunctions. In addition, it certainly differs from the claimthat the Qur’an covers every foreseeable legal injunction, for it does not.For a variety of reasons, the the Sunnah, does not enjoy any universal authority,among them (1) Some Muslims have questioned how the Prophet’steachings have been preserved and passed on, (2) classical and modern scholarshave raised serious doubts about the authenticity of certain hadiths, and ...

Writing in Aphasia Rehabilitation: Cursive vs Manuscript

1976 ◽  
Vol 41 (4) ◽  
pp. 523-529 ◽  
Author(s):  
Daniel R. Boone ◽  
Harold M. Friedman
Keyword(s):  
Correct Response ◽  
The Other ◽  
Read Aloud ◽  
Writing Style ◽  
Reading And Writing ◽  
Manual Responses ◽  
Significant Difference ◽  
Written Form ◽  
The Individual ◽  
Read Number

Reading and writing performance was observed in 30 adult aphasic patients to determine whether there was a significant difference when stimuli and manual responses were varied in the written form: cursive versus manuscript. Patients were asked to read aloud 10 words written cursively and 10 words written in manuscript form. They were then asked to write on dictation 10 word responses using cursive writing and 10 words using manuscript writing. Number of words correctly read, number of words correctly written, and number of letters correctly written in the proper sequence were tallied for both cursive and manuscript writing tasks for each patient. Results indicated no significant difference in correct response between cursive and manuscript writing style for these aphasic patients as a group; however, it was noted that individual patients varied widely in their success using one writing form over the other. It appeared that since neither writing form showed better facilitation of performance, the writing style used should be determined according to the individual patient’s own preference and best performance.

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