scholarly journals دور الاستقراء في بناء الأحكام

2021 ◽  
Vol 56 (02) ◽  
pp. 95-130
Author(s):  
Abdul Hamid Abdullah Quaid Alqahoom عبد الله
Keyword(s):  
Legal Evidence ◽  
Islamic Jurisprudence ◽  
Textual Basis

This article aims to explore the role of induction in the construction Islamic commandments and the rules of Islamic jurisprudence. The pioneers of Islamic jurisprudence do not release rulings unless there is evidence indicating the issue, so, they base their fatwa or their actions with a legal ruling on evidence, and this evidence may be definitive, such as the book of Allah Almighty, the Sunnah, the consensus, or indefinite, except that when they mention some evidence along with its textual basis. They say: This is evidenced by consensus, and the basis for consensus is as for the Quran, the Sunnah, or induction. The legal rulings were based on evidence that had a basis to lean on, so, I tried in this research to study the legal evidence, and what it leans on. I chose the induction that follows all the particles of essence, and how this induction is the basis of the legal evidence, as their saying of consensus is based on induction.

scholarly journals The Relation of Gender and Feminism in Islamic Jurisprudence

2020 ◽  
Vol 5 (2) ◽  
pp. 133-142
Author(s):  
Fokky Fuad Wasitaatmadja ◽  
Susianto Susianto ◽  
Suartini Supendi
Keyword(s):  
Research Question ◽  
Narrative Texts ◽  
Conceptual Approach ◽  
Men And Women ◽  
Main Research ◽  
Women In Islam ◽  
Legal Method ◽  
Islamic Jurisprudence ◽  
Role Of Women

Research on the relation of gender in Islamic Jurisprudence field always sparks the interest to study because of several things: the idea of power relations which has been touted as a thought that subordinates the role of women in their dynamic movements. Second, the role of the text of the Holy Qur'an in seeing and explaining gender relations in Islam, specifically when influencing or influenced by local culture. The main research question to be revealed is: how does the concept developed in Islamic Jurisprudence schools interpret the relations of men and women? The theoretical framework developed in this study is based on the thought which built in the Islamic Jurisprudence Schools. Sachiko Murata sees that there is a relationship between cultural understanding and the understanding of God in the relationship of men and women. The research method applied in this research is prescriptive normative legal method with conceptual approach. The conclusion in this study states that in the narrative approach to the Holy Qur'an, there is no significant power relation that degrades, dominates, or subordinates the role of women in Islam. Spatial structure of culture becomes a matter of concern when there is submission in the role of women in their socio-cultural environment. The narrative text of the Holy Qur’an explains the high appreciation of domestic and public roles for women. Feminism itself can be traced in various narrative texts in the Holy Qur'an that place women in a place of honor.

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2016 ◽  
Vol 1 (2) ◽  
pp. 215
Author(s):  
Hatta Syamsuddin ◽  
Abdul Khaliq Hasan ◽  
Moh Muinudinillah
Keyword(s):  
Supervisory Board ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Finance Industry ◽  
Islamic Jurisprudence ◽  
Banking Business ◽  
Rules And Principles ◽  
Muslim Communities ◽  
Financial Transactions

The emergence of Islamic banking was considered as a response to the desire of Muslim communities to disassociate from usury (riba-based) system. The development of time increasing the diversity of financial transactions, both in trading and banking business, which has no provisions in the old sources of Islamic jurisprudence. This dangerous phenomenon was the reason for the importance of a Sharia Supervisory Board to ensure all of the banking transactions comply with the rules and principles of sharia. This research focused on the role of National Sharia Board and his methodology in the fatwa. This research uses analytical descriptive methodology. The limitations of this research were about: how the National Sharia Board played their roles in Indonesia and how the method applied by the National Sharia Board in issuing a fatwa. The research found that: the National Sharia Board in Indonesia has played their roles, especially in developing Islamic finance industry, ensuring financial and banking transaction comply with the rules and principles of sharia, and providing awareness and guidance to the Muslim communities. The issuing of fatwa on financial transactions was the authority of the National Sharia Board. The National Sharia Board hold on procedures, specific steps, and certain agreed methodology in issuing the fatwa. Nevertheless, there still some fatwas that caused controversy in the Islamic community

scholarly journals Interrogating the Role and Value of Cultural Expertise in Law

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 29
Author(s):  
John Campbell
Keyword(s):  
Ethnographic Research ◽  
Expert Evidence ◽  
Cultural Issues ◽  
Appellate Courts ◽  
Legal Decisions ◽  
Legal Evidence ◽  
Marriage Customs ◽  
Published Research

It is common for litigation to draw upon expert evidence to assist a judge to arrive at a balanced decision. This paper examines the role of one type of expert evidence submitted to courts, namely cultural expertise (CE), which provides information on socio-cultural issues such as kinship, family, marriage, customs, language, religion, witchcraft and so on. This type of evidence is primarily the result of qualitative, ethnographic research. I begin by examining the views of experts who have provided CE to courts/mediators; I then look at how judges view and make use of CE, and finally I examine lawyers’ views on CE. To address gaps in published research, I interviewed British barristers to understand how they make use of experts in the cases they litigate. Finally, I have surveyed legal decisions made by all British appellate courts to arrive at an approximate idea of the extent to which CE has been submitted in English and Welsh courts. I conclude that the extent to which CE—and other types of socio-legal evidence—is submitted varies considerably depending upon the legal/evidentiary procedures followed in different jurisdictions and in different countries.

ROLE OF ENVIRONMENT CANADA EMERGENCY OFFICERS IN OIL SPILL RESPONSE MANAGEMENT

1995 ◽  
Vol 1995 (1) ◽  
pp. 909-910 ◽  
Author(s):  
Caroline Ladanowski
Keyword(s):  
Emergency Response ◽  
Oil Spills ◽  
Environment Canada ◽  
Preliminary Assessment ◽  
Legal Evidence ◽  
Emergency Situations ◽  
Wide Range ◽  
Oil Spill Response ◽  
The Media

ABSTRACT Environment Canada has established standard operating procedures (SOPs) for their emergency response officers so that they can respond to environmental emergencies with a uniform and professional approach. The SOPs cover a wide range of issues due to the complexity and intricacy of spills and related emergency situations. The focus here is on procedures for responding to oil spills. These include, but are not limited to, conducting a preliminary assessment of the spill, determining lead government agency responsibility, assessing and addressing response and protection needs, ensuring appropriate information is documented and distributed to concerned groups, dealing with the media, obtaining legal evidence and support, arranging finances, and using and obtaining approval for implementing certain response technologies.

Leadership Accountability in Islam: Islamic Standards for Holding the Executive Accountable for Official Misconduct

2015 ◽  
Vol 4 (2) ◽  
pp. 166-211
Author(s):  
Mohamed Abdelaal
Keyword(s):  
Legal Status ◽  
Common Belief ◽  
Political Accountability ◽  
Leadership Accountability ◽  
Islamic Jurisprudence

This paper seeks to refute a common belief that the ruler in Islam is unchecked and that he serves for life regardless of any official misconduct he may commit by providing a religious basis for the concept of political accountability through the investigation of the concept of presidential impeachment in Islam. In doing so, the article first sheds significant light on the Caliphate system of governance, the rights and duties of the Caliph, his legal status, and the inauguration process. Further, the article introduces the conflicting views regarding the issue of removing the ruler in the context of Islamic jurisprudence, examines the role of the Islamic scholars in redressing the ruler and correcting the official misconduct, and sheds light on the Islamic alternatives of impeachment and the extent to which they differ from what is known in modern constitutional doctrines.

scholarly journals POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE

JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Nuha Qonita
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
New Product ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Modern Time ◽  
Islamic Legal Theory ◽  
Islamic Jurisprudence ◽  
The World

<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>

scholarly journals DILEMA SKIM MURÂBAHAH PADA PERBANKAN SYARIAH

2011 ◽  
Vol 35 (2) ◽  
Author(s):  
Syukri Iska
Keyword(s):  
Banking System ◽  
Specific Reference ◽  
Islamic Banking ◽  
Conventional System ◽  
The Real ◽  
Islamic Jurisprudence ◽  
Islamic Countries ◽  
Economic Transaction

<p>Abstrak: Kesemarakan pertumbuhan perbankan syariah terutama di negara- negara Muslim pada beberapa dekade terakhir tidak dapat dipungkiri. Namun di balik pertumbuhan tersebut bank syariah sering dikritik hanya sekadar ganti “baju” dengan klaim bahwa bank ini mengambil beberapa konsep dari dari bank konvensional kemudian menggantikannya dengan idiom-idiom yang ada pada fiqih muâmalah. Tulisan ini memaparkan penjelasan terhadap pertanyaan tentang keberadaan bank syariah dengan merujuk pada skimmurâbahah, bagaimana perasaan dan perbedaan antara kedua sistem Islam dan konvensional, serta implikasi sistem perbankan Islam dalam transaksi ekonomi yang menyeluruh. Penulis berargumen bahwa kendati skimmurâbahah bukan merupakan instrumen ideal untuk mencapai tujuan riil ekonomi Islam, skimmurâbahah ini ternyata mengandung banyak persoalan, terutama kalau dilihat dalam perspektif syariah secara puristik ataupun menurut paradigma tentang bank.</p><p><br />Abstract: The Dilemma of Murabahah Skim in Shari‘a Banks. The flourishing development of Shari‘a Banks especially in Islamic countries for the last few decades are undeniable. However, despite such tremendous development it has often been criticized for being only changing suit claiming that it has taken some conventional system concepts which are then modified in acoordance with idioms found in Islamic jurisprudence discourse. This paper then sheds some lights on some questions of the existence of Shari‘a Banks with specific reference to murâbahah skim, how the two system similar to or different from each other, as well as the implication of the Islamic banking system in the general economic transaction. The author argues that although the murâbahah skim is not an ideal instrument in achieving the real objective of Islamic economy, its domination as an important skim, however, seems to be in dilemmatic position between the pragmatic demands of the need of pure Shari‘a laws as a genuine reference and the role of banks should fulfil.</p><p><br />Kata Kunci: perbankan syariah,murâbahah, ekonomi Islam</p>

scholarly journals INTERCONNECTION MODEL OF MORALS-REASONING-RESEARCH IN PESANTREN CURRICULUM

2021 ◽  
Vol 22 (1) ◽  
pp. 69-91
Author(s):  
Iwan Kuswandi ◽  
Tobroni Tobroni ◽  
Akhsanul In'am ◽  
Khozin Khozin ◽  
Asmoni Asmoni
Keyword(s):  
Book Research ◽  
Classification Model ◽  
Research Subjects ◽  
Inhibiting Factors ◽  
School Subjects ◽  
Islamic Jurisprudence ◽  
Study Center

This paper described the interconnection model of morals-reasoning-research in the curriculum of Tarbiyatul Muallimien al-Islamiyah (known as TMI) Al-Amien Prenduan. It also examined the supporting and inhibiting factors for the implementation of the interconnected-curriculum. It is a case study employing observation, interviews and documentation, and the data were analyzed using qualitative analysis. Two conclusions were drawn. First, TMI uses multidisciplinary approaches in its curriculum by interconnecting morals, reason and research. Morals are instilled through reading and learning the morals books such as Ta‘lîm al-Muta‘allim and Iḥyâ’ ‘Ulûm al-Dîn. The reasoning skills are taught through school subjects such as logic, Islamic jurisprudence and the science of hadith. In contrast, the research skills are taught through research subjects and a compulsory program called writing a research paper. Second, the class classification model, which takes students’ talent and interest into account, and other research-related programs such as book review and fatḥ al-kutub (classical book research) are the supporting factors for the writing program. They are accommodating for students in completing their writing. Meanwhile, there are also numbers of inhibiting factors such as student’s lacking motivation, the prohibition of internet use, unsuitable supervisor expertise, and the minimum role of Islamic Study Center (Pusdilam).

scholarly journals The Role of Zakat Institution in Facing Covid-19

2020 ◽  
pp. 119-126
Author(s):  
Hambari Hambari ◽  
Arif Ali Arif ◽  
Muntaha Artalim Zaim
Keyword(s):  
Movement Control ◽  
Ordinary People ◽  
Global Pandemic ◽  
Islamic Jurisprudence ◽  
Social Fund ◽  
The Government ◽  
Control Order ◽  
In The Beginning ◽  
Analytical Approaches

In the beginning of 2020, the Coronavirus (Covid 19) appeared, which attacks humans and quickly turns into a global pandemic. Covid-19 has resulted in multidimensional crises such as health, economic, social, and lifestyle crises. Many people in different countries face difficulties in life. Therefore, Zakat as an Islamic social fund has a role in overcoming this crisis, by providing assistance to the communities which is directly affected by the crisis. This study aims to examine the role of Zakat in this crisis from the perspective of Islamic jurisprudence and its application in the zakat institution by taking the case of the Federal Territory Islamic Council (MAIWP) that has done various programmers in helping people who are directly affected by the crisis. This study uses two methods including inductive and analytical approaches to achieve its objectives. Among the most important results of the study: Zakat distribution programs conducted by Baitulmal-MAIWP for zakat beneficiaries affected by Covid-19, was to help ease the burden on ordinary people following the implementation of Movement Control Order (MCO) by the government due to the spread of the Covid-19 pandemic. This program is named “Bantuan Zakat Kecemasan Covid-19” (Zakat Emergency Aid Covid-19) or #MusaadahCovid19MAIWP.

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