scholarly journals THE IMPACT OF QIRA’ATS ON PRAYER REGULATIONS

2018 ◽  
pp. 81-94
Author(s):  
Safet Husejnović
Keyword(s):  
Islamic Law ◽  
Syntactic Structure ◽  
Correct Interpretation ◽  
The Impact

Qira'ats present a very significant study of the Qur'an in terms of understanding and interpreting the Qur'anic text. They are not only exotic styles of voice variations and modulation, but an integral part of the language of the Qur'an, its lexical, morphological and syntactic structure. Understanding that aspect is a prerequisite for a correct interpretation of the greatest part of the Qur'anic text. The Qur'an is the first source of Islamic law. Based on its text, general and specific Sharia norms were derived. This aspect of the Qur'an has always been a subject of interest for numerous Islamic scholars in the context of the interpretation of normative ayats – ayat al-ahkam. The Exalted Allah orders Muslims to keep their prayers, perform them at a certain time, and in particular, the middle prayer. There are different opinions of Islamic scholars regarding the dilemma: which is the middle prayer? Following the Hadith of the Prophet of Allah, s .a.w.s., we find out it is the Asr prayer. Furthermore, the hazrat Aisha 's narration and the Qira'at Ubejj ibn Ka'ba confirmed the attitude of the majority of Islamic scholars that the middle prayer is the Asr prayer. This paper presents the Sharia-legal comments of well-known Islamic scholars about prayer regulations, but only from the aspect of Qira'ats. In addition, the paper shows how and to what extent Islamic scholars relied on Qira'ats while establishing, deriving and presenting Sharia norms, starting from the fact that Mezhep- legal dispute, to a certain extent, arouse from different Qira'ats, as well as from different morphological, grammatical and stylistic analyses.

scholarly journals THE IMPACT OF QIRA’ATS ON PRAYER REGULATIONS

2018 ◽  
pp. 81-94
Author(s):  
Safet Husejnović
Keyword(s):  
Islamic Law ◽  
Syntactic Structure ◽  
Correct Interpretation ◽  
The Impact

Qira'ats present a very significant study of the Qur'an in terms of understanding and interpreting the Qur'anic text. They are not only exotic styles of voice variations and modulation, but an integral part of the language of the Qur'an, its lexical, morphological and syntactic structure. Understanding that aspect is a prerequisite for a correct interpretation of the greatest part of the Qur'anic text. The Qur'an is the first source of Islamic law. Based on its text, general and specific Sharia norms were derived. This aspect of the Qur'an has always been a subject of interest for numerous Islamic scholars in the context of the interpretation of normative ayats – ayat al-ahkam. The Exalted Allah orders Muslims to keep their prayers, perform them at a certain time, and in particular, the middle prayer. There are different opinions of Islamic scholars regarding the dilemma: which is the middle prayer? Following the Hadith of the Prophet of Allah, s .a.w.s., we find out it is the Asr prayer. Furthermore, the hazrat Aisha 's narration and the Qira'at Ubejj ibn Ka'ba confirmed the attitude of the majority of Islamic scholars that the middle prayer is the Asr prayer. This paper presents the Sharia-legal comments of well-known Islamic scholars about prayer regulations, but only from the aspect of Qira'ats. In addition, the paper shows how and to what extent Islamic scholars relied on Qira'ats while establishing, deriving and presenting Sharia norms, starting from the fact that Mezhep- legal dispute, to a certain extent, arouse from different Qira'ats, as well as from different morphological, grammatical and stylistic analyses.

Contemporary Qur'anic Studies in Iran and its Relationship with Qur'anic Studies in the West

2012 ◽  
Vol 14 (1) ◽  
pp. 45-72
Author(s):  
Morteza Karimi-Nia
Keyword(s):  
Islamic Law ◽  
Human Sciences ◽  
The West ◽  
Communications Technologies ◽  
Religious Learning ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
Almost All ◽  
The Impact ◽  
The Relationship

The status of tafsīr and Qur'anic studies in the Islamic Republic of Iran has changed significantly during recent decades. The essay provides an overview of the state of Qur'anic studies in Iran today, aiming to examine the extent of the impact of studies by Western scholars on Iranian academic circles during the last three decades and the relationship between them. As in most Islamic countries, the major bulk of academic activity in Iran in this field used to be undertaken by the traditional ʿulamāʾ; however, since the beginning of the twentieth century and the establishment of universities and other academic institutions in the Islamic world, there has been increasing diversity and development. After the Islamic Revolution, many gradual changes in the structure and approach of centres of religious learning and universities have occurred. Contemporary advancements in modern sciences and communications technologies have gradually brought the institutions engaged in the study of human sciences to confront the new context. As a result, the traditional Shīʿī centres of learning, which until 50 years ago devoted themselves exclusively to the study of Islamic law and jurisprudence, today pay attention to the teaching of foreign languages, Qur'anic sciences and exegesis, including Western studies about the Qur'an, to a certain extent, and recognise the importance of almost all of the human sciences of the West.

Global tolerance and its impact on peace

2019 ◽  
pp. 247-284
Author(s):  
م.د.فاتن محمد رزاق
Keyword(s):  
Islamic Law ◽  
Mutual Recognition ◽  
International Community ◽  
World Peace ◽  
Clash Of Civilizations ◽  
Democracy And Education ◽  
Moral Necessity ◽  
International Identity ◽  
The Right ◽  
The Impact

The concept of tolerance is gaining its importance in the midst of an international society suffering from violence, wars and internal and international crises. It is practiced by extremist and extremist forces and movements acting in the name of religion to exclude the different Muslim and non-Muslim people according to the unethical practices and methodologies of Islamic law and reality. , Cultural, civilization .. that distinguish our world today. The society today is suffering from the ideas of the intellectual and aesthetic views of the different ideologically, ethnically, culturally and religiously in the world of the South. This is what the end-of-history thesis of Fukuyama and the clash of civilizations represented to Huntington. Therefore, it is necessary to confront these extremist and extremist ideas and behaviors. Peace, security and freedom in the international community of justice and equality, needs to be addressed intellectual, cultural, moral and political before they are legal, these treatments are based on dialogue and cooperation and trust and respect and mutual recognition and tolerance so we find the importance of tolerance to The international community is concerned about the need for mechanisms that confront terrorism and violence with an ideology based on respect for the right of diversity, diversity and pluralism. Accordingly, tolerance is a political, cultural and moral necessity based on international legal foundations represented by the United Nations. Through its conferences, declarations and international resolutions issued by it and its specialized agencies, culminating in the Universal Declaration of Tolerance and the International Day of International Peace, and the political foundations represented by democracy and global citizenship that respects all identities and seeks to respect the rights of other identities under the umbrella of international identity Nsanhuahdh respects everyone, a society with a humanitarian goal of a global civil and Ahdlaaaraf borders and the identity of certain Qomahdolh, cultural and educational foundations through plans and programs with educational encourage a spirit of tolerance and world peace. The study was divided into three topics: the first dealt with the concept of tolerance and world peace, and the second topic dealt with the impact of international law and citizenship. In the promotion of world peace "as one of the elements of global tolerance. The last topic included" the role of democracy and education education "in the promotion of world peace and concluded the study by conclusion.

Islamic Law and Society

1990 ◽  
Vol 7 (2) ◽  
pp. 177-191
Author(s):  
Louay M. Safi
Keyword(s):  
Composite System ◽  
Islamic Law ◽  
Legal Theory ◽  
Fifth Century ◽  
Muslim Community ◽  
Social Growth ◽  
The Social ◽  
Collective Experience ◽  
Law And Morality ◽  
The Impact

Shari'ah (Islamic law) has been the dominant moral and legal code ofMuslim societies for the gnxter part of their history. During the early centuriesof Islam, Shari'ah hcilitated the social growth and develojment of the Muslims,growth that culminaa in the establishment of a vast emph and an outstandmgcivilization. By the close of the fifth century of Islam, however, Shari'ahbegan to lose its role as the guiding force that inspired Muslim creativityand ingenuity and that nurtured the growing spirit of the Muslim community(Ummah). Consequently, the Ummah entered a period of stagnation thatgradually gave way to intellectual decline and social decadence. Regrettably,this painful trend continues to be more or less 'part of the individualconsciousness and collective experience of Muslims.This paper attempts to trace the development of the principles of Islamicjurisprudence, and to assess the impact of Shari'ah on society. It argues thatthe law ceased to grow by the sixth century of Islam as a result of thedevelopment of classical legal theory; more specifically, law was put on hold,as it were, after the doctrine of the infallibility of ijma' (juristic consensus)was articulated. The rigid principles of classical theory, it is contended, havebeen primarily induced by the hulty epistemology employed.by sixth-centuryjurists.Shari'ah, or Islamic law, is a comprehensive system encompassing thewhole field of human experience. It is not simply a legal system, but rathera composite system of law and morality. That is, Islamic law aspires to regulateall aspects of human activities, not only those that may entail legalconsequences. Hence, all actions and relationships are evaluated in accordancewith a scale of five moral standards.According to Shari'ah, an act may be classified as obligatory (wajib),recommended (mandub), permissible (mubah), reprehensible (makruh), orprohibited (haram). These five categories reflect the varying levels of moral ...

scholarly journals Ethical Issues of Organ Transplantation in Islam

1970 ◽  
Vol 21 (1) ◽  
pp. 97-103
Author(s):  
M Mostafa Kamal
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Islamic Law ◽  
Ethical Issues ◽  
Ethical Framework ◽  
Value Systems ◽  
Proxy Consent ◽  
Advantages And Disadvantages ◽  
The World ◽  
The Impact

Scientists and clinicians must become familiar with the factors that affect the emotional, physical, and spiritual health of their patients that are outside the ken of the traditionally dominant value systems. Although many researchers have addressed the cultural and ethnical factors, very few have considered the impact of religion. Islam, as the largest and fastestgrowing religion in the world, has adherents throughout the world, presents a complete moral, ethical, and medical framework, while it sometimes concurs conflicts with the conventional and secular ethical framework. This paper introduces to the Islamic principles of ethics in organ transplantation involving human subject to address issues of religion and religious ethics. Historical reflections are discussed as to why Muslim thinkers were late to consider contemporary medical issues such as organ donation. Islam respects life and values need of the living over the dead, thus allowing organ donation to be considered in certain circumstances. The sources of Islamic law are discussed in brief to see how the parameters of organ transplantation are derived. The Islamic perception, both Shiite and Sunni, is examined in relation to organ donation and its various sources. The advantages and disadvantages of brain dead and cadaveric donation are reviewed with technical and ethical considerations. The Islamic concept of brain death, informed and proxy consent are also discussed. The concept of rewarded donation as a way to alleviate the shortage of organs available for transplantation is assessed.    doi: 10.3329/taj.v21i1.3230 TAJ 2008; 21(1): 97-103

scholarly journals PRAKTIK BANK THITHIL DAN IMPLIKASINYA MENURUT PANDANGAN MASYARAKAT MUSLIM WILAYAH PERKAMPUNGAN BETHEK KOTA MALANG

IQTISHODUNA ◽  
2013 ◽  
Author(s):  
Arnanda Aji Saputra ◽  
Multifiah Multifiah
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Phenomenological Method ◽  
Legal Entity ◽  
Financial Organization ◽  
Urban Village ◽  
People’S Perception ◽  
Cultural Leaders ◽  
The Impact

The present study aimed at finding out various practices of Bank Thithil at Bethek Urban Village, Malang, along with the people’s perception and the impact of such practices towards the people’s welfare. Employing qualitative approach, this study focuses on the people’s perception, particularly those belonging to debtors trapped in Bank Thithil, such bank’s creditors, and some local cultural leaders, who lived at Bethek Urban Village, Malang. Data collection was carried out by interviews, observation and documentation. In analyzing the data, Miles Huberman’s analysis was employed which consisted of the following action: collection, reduction, display, and conclusion drawing supported by a phenomenological method which tried to capture and understand the reality. The result showed that Bank Thithil at Bethek Urban Village belonged to an informal financial organization as it was not a legal entity. As a consequence, the creditors may set rules of loan and sanctions without any reference to the legal law of financial organizations in Indonesia. The people’s perception towards Bank Thithil was various; some people felt fine with its practices because they need it and some another people strongly disagreed for some reasons, one is the prohibition on Islamic law.

scholarly journals AAOIFI governance standards: Sharia disclosure and financial performance for Islamic banks

2019 ◽  
Vol 8 (1) ◽  
pp. 19-37 ◽  
Author(s):  
Hesham Albarrak ◽  
Sherif El-Halaby
Keyword(s):  
Financial Performance ◽  
Financial Reporting ◽  
Islamic Law ◽  
Supervisory Board ◽  
Positive Influence ◽  
Economic Consequences ◽  
Annual Reports ◽  
Primary Study ◽  
Islamic Banks ◽  
The Impact

The uniqueness of Islamic banks (IBs) is shown through compliance with Islamic law (Sharia) which is approved through Sharia Supervisory Board (SSB) and presented for stakeholders by Sharia Supervisory Board Report (SSBR). This study seeks to achieve three main objectives as follows: (1) it identifies the degree of IBs’ transparency in compliance with Sharia and their commitment with the governance standards that issued by Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI); (2) it aims to measure the impact of adoption AAOIFI on the degree of Sharia disclosure; and (3) it seeks to test the economic consequences of Sharia disclosure based on its impact on financial performance. We analyse content of annual reports and websites of 120 IBs across 20 different countries for year 2016. Regression analysis shows compliance level for Sharia disclosure based on our index for SSBR is 53% with higher level compliance for IBs that apply AAOIFI standards comparing with banks that adopting International Financial Reporting Standards (IFRS). Therefore, adopting AAOIFI has a positive effect on enhancing the degree of Sharia disclosure. Moreover, Sharia compliance has a positive influence on financial performance based on both Returns on Assets (ROA) and Tobin’s Q as a robustness test. This study adds value to Islamic accounting literature by being a primary study. There is a lack of research on the topic and this paper measures the consequences of Sharia disclosure over the financial performance of IBs as well as the role of Islamic standards (AAOIFI) in enhancing the image of Islamic banks through supporting their compliance with Sharia.

scholarly journals Perkawinan Beda Agama Dalam Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan (Tinjauan Hukum Islam)

2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Family ◽  
The Law ◽  
Negative Impacts ◽  
The Right ◽  
The Impact ◽  
The Relationship

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.

scholarly journals The Discourse and Practice of Islamic Family Law in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5201-5212
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Court System ◽  
Islamic History ◽  
Law System ◽  
Muslim Countries ◽  
Changing Times ◽  
The Impact ◽  
Civil Law System ◽  
Religious Courts

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

scholarly journals Perlindungan Nasabah BMT Beringharjo Cabang Ponorogo Perspektif Hukum Positif Dan Hukum

2016 ◽  
Vol 1 (1) ◽  
pp. 113
Author(s):  
Muhammad Isnan
Keyword(s):  
Islamic Law ◽  
Financial Institution ◽  
Legal Protection ◽  
The Impact ◽  
Year 2013

<p>Abstract: The financial institution of Syari’ah is growing and developing rapidly in Indonesia. One of it is BMT (Baītul Māl wa Tamwīl). In the legal protection for clients, BMT has not yet had a legal protection particularly, but it still refers to another legal protections like koperasi and Financial Fervices Authority. The legal protection that is given for BMT Beringharjo branch Ponorogo is embodied through the ragulation of Koperasi . It is not appropriate according to the regulation No. 21. Year 2010 about Financial Fervices Authority and No. 1 Year 2013 about Micro Financial Fervices. According to that case, this article will study about the client protection given by BMT Beringharjo Branch Ponorogo in the perspective of positive and Islamic laws. According to study, so it can be deduced: <em>first, </em>the implementation of protection that is given by BMT Beringharjo is still less appropriate based on regulation No. 21 Year 2011 about OJK and No. 1 Year 2013 about LKM, but BMT Beringharjo has applied a legal protection of Koperasi and legal protection implicitly. Whereas the implementation of protection of Islamic law is the protection given by <em>ilahi</em> precepts which conveyed from Wahyu in Al-Qur’an and Sunnah. It is realized by BMT, because the clients of BMT Beringharjo less know the impact when the financial institution like BMT experinces a bankrupt.</p><p> </p><p><strong>Abstrak:</strong>Lembaga Keuangan Syari’ah tumbuh dan berkembang pesat di Indonesia, salah satunya adalah BMT (Baītul Māl wa Tamwīl). Dalam perlindungan hukum kepada nasabahnya, BMT belum memiliki payung hukum secara khusus, namun masih mengacu pada beberapa payung hukum lain seperti koperasi dan Otoritas Jasa Keuangan. Perlindungan hukum yang diberikan BMT Beringharjo Cabang Ponorogo diwujudkan melalui Undang-undang perkoperasian. Hal ini ternyata tidak sesuai menurut Undang-undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan dan Undang-undang No. 1 Tahun 2013 tentang Lembaga Keuangan Mikro. Berdasarkan persoalan tersebut, artikel ini akan mengkaji  tentang perlindungan nasabah di BMT Beringharjo Cabang Ponorogo dalam Perspektif Hukum Positif dan Hukum Islam. Berdasarkan kajian, maka dapat ditarik beberapa kesimpulan, bahwa: <em>Pertama,</em> Implementasi perlindungan yang diberikan oleh BMT Beringharjo masih kurang sesuai menurut UU No. 21 Tahun 2011 tentang OJK dan UU No. 1 Tahun 2013 tentang LKM, akan tetapi BMT Beringharjo sudah menerapkan perlindungan hukum perkoperasian dan perlindungan hukum secara implisit. Sedangkan implementasi perlindungan prespektif hukum Islam merupakan perlindungan yang diberikan oleh ajaran-ajaran <em>Ila&gt;hi&gt; </em>yang disampaikan lewat Wahyu yang dapat ditelusuri dalam ayat al-Qur’an maupun sunah, hal ini direalisasikan oleh BMT Beringharjo dengan sistem audit. <em>Kedua,</em> Implikasi pada BMT Berngharjo dalam menerapkan perlindungan hukum tidak berdampak bagi para nasabah yang mengamanahkan dananya di BMT tersebut, karena nasabah BMT Beringharjo kurang mengetahui dampak yang akan diterima ketika sebuah lembaga keuangan seperti BMT mengalami pailit.</p>

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