scholarly journals جريمتا القوة الجنائية و الإرهاب في القانون السوري و السوداني : دراسة مقارنة في الفقه الإسلامي

2022 ◽  
Vol 7 (1) ◽  
Author(s):  
ياسين، أديبة محمد سمير
Keyword(s):  
Islamic Jurisprudence ◽  
Judicial Authority

جريمتا القوة الجنائية و الإرهاب في القانون السوري و السوداني : دراسة مقارنة في الفقه الإسلامي A Summary of The Criminal Force and Terrorism's Research, a study in the light of Islamic jurisprudence and Syrian and Sudanese Laws. This research handles the criminal force and terrorism in accordance with Islamic jurisprudence compared with the laws of Syria and Sudan. It involves two matters: The first searches into the criminal force defined as using force against one's freedom to commit a crime, damage, bother, hurt or scare. This crime has three comers: 1. Physical done by using force against others. 2. Incorporeal: the intention to hurt by force. 3. Jural: this is the very textual law that condemns the act and penalizes the resultant. Then the research pinpoints, abiding Islamic jurisprudehce, the punishment of committing the crime. It is a penalty issued and judged only by the judicial authority because it is not detailed as Qisaas. This punishment is issued by virtue of N.143 Sudanese and N.559 Syrian Law Articles. The second probes terrorism defined as threatening others. This also has three corners: 1- Physical as a process of threatening. 2- Incorporeal by the intention and will to commit the crime. 3- Jural as having a text condemns the act. Then it shows, abiding Islamic jurisprudence, the punishment of the crime, which is issued and judged by the judicial authority by virtue of N.144 Sudanese and N.560-564 Syrian Law Articles

scholarly journals Methods of implementing civil judicial decisions, a study about Jordanian law and Islamic Sharia

2021 ◽  
Vol 58 (1) ◽  
pp. 4332-4347
Author(s):  
Dr. Mashal Mufleh Al-Jarrah, Dr. Kefah Al-Souri, Dr. Ahmad Ababneh
Keyword(s):  
Free Will ◽  
Analytical Approach ◽  
Comparative Approach ◽  
Judicial Decisions ◽  
Islamic Jurisprudence ◽  
Legal Texts ◽  
Implementation Method ◽  
Judicial Authority ◽  
The Law

Judicial decisions in the law and Sharia are implemented by following two methods, either voluntarily by the free will of the convicted person, or driven by fear of compulsory execution, and it is the second method carried out by the judiciary, by forcing the convicted person to implement the required consequent commitments and cries. The problem of this study lies In the adequacy of the legal texts and Islamic Sharia in finding solutions to implement judicial rulings and decisions, researchers will follow the descriptive and analytical approach, and the comparative approach whenever possible, and the researchers have reached set of results and recommendations, the most important of which was: The forced execution shall be upon legal litigation instated Through the enforcement departments of the judicial authority after exhausting the optional implementation method. As for the most important recommendations, it should be taken into account in the Islamic jurisprudence that the insolvent debtor is considered a debtor who is unable to fulfill his obligations, and not merely the claim of the person convicted of insolvency.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Theological Principles in the Qur'an: Sūrat al-Baqara as a Model

2011 ◽  
Vol 13 (1) ◽  
pp. 155-139
Author(s):  
Hasan Shafie
Keyword(s):  
Present Article ◽  
Vital Role ◽  
Islamic Jurisprudence

In this study we propose the establishment of theological rules (qawāʿid iʿtiqādiyya) similar to the jurisitic rules (qawāʿid fiqhiyya) which have for centuries been very important to Islamic jurisprudence, and which play a vital role in jurisprudence and uṣūl al-fiqh. The present article takes the second sura of the Qur'an, Sūrat al-Baqara, as a case study, identifying three fundamental principles in this sura: (i) man is honoured (al-insān mukarram), (ii) the Resurrection is a reality (al-baʿth ḥaqq) (iii) belief in all prophets is obligatory (al-īmān bi-kāfat al-anbiyāʾ wājib). These three rules are emphasised and reiterated in many parts of the sura, to a greater extent than any other principle. This study calls for other scholars to consider this proposition and develop it further.

Encountering Ambiguity: Muʿtazilī and Twelver Shīʿī Approaches to the Qur'an's Ambiguous Verses

2016 ◽  
Vol 18 (3) ◽  
pp. 91-115 ◽  
Author(s):  
Tehseen Thaver
Keyword(s):  
Eleventh Century ◽  
Arabic Language ◽  
Conceptual Approach ◽  
Islamic Jurisprudence ◽  
Primary Determinant ◽  
Linguistic Challenges ◽  
Qur'anic Exegesis ◽  
Exegetical Tradition ◽  
Qur'an Commentaries ◽  
Early Islamic

Within the broader discipline of Qur'anic exegesis, the sub-genre of the mutashābihāt al-Qurʾān (the ambiguous verses of the Qur'an) is comprised of works dedicated to the identification and explication of those verses that present theological or linguistic challenges. Yet, the approach, style, and objective of the scholars who have written commentaries on the ambiguous verses are far from monolithic. This essay brings into focus the internal diversity of this important exegetical tradition by focusing on the Qur'an commentaries of two major scholars in fourth/eleventh-century Baghdad, al-Sharīf al-Raḍī (d. 406/1016) and Qāḍī ʿAbd al-Jabbār (d. 415/1025). Al-Raḍī was a prominent Twelver Shīʿī theologian and poet while ʿAbd al-Jabbār was a leading Muʿtazilī theologian during this period; al-Raḍī was also ʿAbd al-Jabbār's student and disciple. Through a close reading of their respective commentaries on two Qur'anic verses, I explore possible interconnections and interactions between Shīʿī and Muʿtazilī traditions of exegesis, and demonstrate that while ʿAbd al-Jabbār mobilised the language of Islamic jurisprudence, al-Raḍī primarily relied on early Islamic poetry and the etymology of the Arabic language. Methodologically, I argue against a conceptual approach that valorises sectarian and theological identity as the primary determinant of hermeneutical desires and sensibilities.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Copyright on the View of Indonesia Law and Islamic Jurisprudence

2015 ◽  
Vol 6 (8) ◽  
pp. 1538-1549
Author(s):  
A’rasy Fahrullah ◽  
Djoko Mursinto
Keyword(s):  
Islamic Jurisprudence

Konsep Pemerintahan Religius dan Demokrasi Menurut Abdul Karim Soroush dan Ayatullah Khomeini

2013 ◽  
Vol 3 (2) ◽  
pp. 438-473
Author(s):  
M. Heri Fadoil
Keyword(s):  
Religious System ◽  
Islamic Jurisprudence ◽  
Ayatollah Khomeini ◽  
The Difference ◽  
The Government ◽  
The Right

Abstract: Abdul Karim Soroush judges that religious rule is incorrect assessment of the application of Islamic jurisprudence. In a religious society, Islamic jurisprudence obtains the right to govern. It is, of course, necessary to establish a kind of Islamic jurisprudence-based religious rule. Soroush firmly rejects it because such interpretation is too narrow. As for democracy, Soroush argues that the system used is not necessarily equal to that of the Western. On the contrary, Ayatollah Khomeini’s thoughts on religious rule are reflected in the so called wilayat al-faqih. It is a religious scholar-based government. Democracy, according to him, is the values of Islam itself, which is able to represent the level of a system to bring to the country’s progress. Principally, there are some similarities between the ideas of Ayatollah Khomeini and those of Abdul Karim Soroush in term of religiosity. They assume that it is able to sustain the religious system of government. The difference between both lies on the application of religiosity itself. Ayatollah Khomeini applies the concept of a religious scholar-based government, while Abdul Karim Soroush rejects the institutionalization of religion in the government or state.Keywords: Governance, democracy, Abdul Karim Soroush, Ayatollah Khomeini

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

Ambivalenci Pemikiran Mahmud Syaltut tentang Fikih Perempuan

1970 ◽  
Vol 5 (2) ◽  
pp. 197-214
Author(s):  
Mahmud Arif
Keyword(s):  
Gender Equality ◽  
Gender Bias ◽  
Legal Thought ◽  
Islamic Thought ◽  
Islamic Jurisprudence ◽  
The World

In general, we know about Egypt very well, because of all this time, Egypt, especially Kairo, has been viewed as one of the centers of Islamic thought in the world. Naturally this country had a lot of Islamic thinkers, like Mahmud Syaltut (d. 1963) that has become the Rector of al-Azhar University. The influence of his thought overstepped the bounds of time and political territory. The Islamic jurisprudence is an inseparable legal thought from the fulfillment of social demands. One of the evidences is its’ response to actual issues, like gender equality represented in his opinions about domestical duty, women testimony, girl marriage, and poligamy. As a thinker in the Islamic jurisprudence, Syaltut has endeavored to respond such issues, including gender. As a reformer in the turbulent time, his reflection on such matters expressed critical preference, so frequently looked different from the prevalent opinion. In one side, his reflection was “liberal” because of his bravery in stepping beyond the Islamic orthodoxy and the modernity, but in another side, his thought was “conservative”if it was viewed from his endorsement to the old Islamic thought that reflected a gender bias. This showed the uniqueness and the ambivalence of his thought, so very interesting to being studied.

PEMIKIRAN FIKIH KONTEMPORER MUHAMAD SYAHRUR TENTANG POLIGAMI DAN JILBAB

1970 ◽  
Vol 5 (1) ◽  
pp. 67-80
Author(s):  
Abdul Mustaqim
Keyword(s):  
Term Limit ◽  
Elastic Domain ◽  
Islamic Jurisprudence ◽  
Contemporary Study ◽  
Individual Interpretation

One fresh contribution to the contemporary study of fiqh (Islamic jurisprudence) is the theory of limits (nazariyyah al-hudud) promoted by a Syirian liberal Islamic figure, Muhammad Syahrur. Syahrur’s theory of limits solves the epistemological deadlock of previous works. Syahrur asserts that the theory of limits is an approach within ijtihad (individual interpretation) to study the muhkamat verses (clear and direct verses of law) of the Qur’an. The term “limit” (hudud) used by Syahrur refers to the meaning of “the bounds or restrictions of God which should not be violated, contained in the dynamic, flexible, and elastic domain of ijtihad. By using the theory of limit, Syahrur tries to re-constructs both concept poligamy and jilbab as contribution to the contemporary study of Islamic jurisprudence.

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