scholarly journals Future Avenues in the Study of Islamic Law

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Najam Haider

In his essay, Najam Haider calls for “more cohesive and integrated scholarly engagement with the pre-modern Islamicate world.” To that end, the author urges scholars to creatively engage and treat legal texts as valuable sources for understanding the social and political predicates of Islamic societies. For example, tracing the creation and migration of legal texts across regions can yield valuable insights into multiple ideas and ideologies across the pre-modern Islamic world, as a part of a larger intertextual world where scholars study all actors in Islamic history as interacting with, complementing, and arguing against one another.

2010 ◽  
Vol 52 (2) ◽  
pp. 351-383 ◽  
Author(s):  
Morgan Clarke

Religious authority and its relation to the mundane, and especially to the domains of politics and the state, is a perennial issue of sociological and theological concern. Within the Islamic world, my focus here, this issue takes particular form, inflected through the powerful trope of the shari‘ah (Arabic,sharī‘ah), most commonly glossed in English as “Islamic law,” although God's right “way” through life potentially addresses every aspect of human life. This comprehensiveness, conjoined with the “openness” that the shari‘ah's nominally divine and hence, in the final analysis, inscrutable source entails, has consequences for the ways in which one might imagine a state that grounded its legitimacy in following that right path. Brinkley Messick's (1993) monographThe Calligraphic Statehas provided a now classic exploration of such a polity in North Yemen, and its transformations under modernization. His analysis of these processes turns on a central image: the shift from a “calligraphic,” that is, personalized form of “textual domination,” drawing its authority from the endlessly open and interpretable field of “shari‘ah discourse” (1993: 1–3), to the rationalized, impersonal authority of modern legal texts, fixed and monopolized by state officials and symbolized, following the master metaphor, by uniform, rigid print.


2019 ◽  
Vol 4 (II) ◽  
pp. 166-180
Author(s):  
Indis Ferizal

Caning applied in Aceh is one of the social controls and the form of punishment is expected to fulfill the philosophical, juridical and sociological tendencies of legal awareness. Caning is one form of punishment that is also expected to foster a lawful attitude and the creation of an orderly society. According to Islamic law that punishment is for the benefit of the Ummah and educate the person of the perpetrator of the crime. Basically It is not easy to do efforts to increase legal awareness and the development of a legal culture in the community without encouragement from individual communities themselves. This should be of particular concern by the government to be more serious in conducting socialization so that legal awareness can be understood and implemented by the public properly.


2012 ◽  
Vol 36 (1) ◽  
Author(s):  
Ibrahim Siregar

<p>Abstrak: Artikel ini berbicara tentang penyelesaian sengketa wakaf dalam sejarah hukum Islam. Permasalahan wakaf telah muncul di awal sejarah Islam. Sehubungan dengan sengketa tentang status harta sebagai wakaf telah muncul pada masa lalu  disebabkan oleh perubahan sosial; pergeseran nilai dan tatanan masyarakat, dan ditambah lagi dengan masalah bahwa tidak adanya bukti tertulis yang menyatakan bahwa status suatu harta sebagai objek wakaf. Pada tulisan ini dikemukakan kasus-kasus permasalahan sengketa wakaf yang terjadi pada awal periode Islam dan kasus-kasus kontemporer tentang sengketa perwakafan serta penyelesaiannya, yang terjadi di Indonesia pada beberapa dasawarsa yang lalu.</p><p><br />Abstract: The Settlement of Religious endowment (waqf) Dispute: A Socio-Historical Approach of Islamic law. This paper concentrates on the settlement of religious endowment (waqf) dispute in the perspective of Islamic law history. The disputes relating to waqf  has emerged since the early development of Islamic history. In regard with the conflict of the status of waqf property, the disputes have originated from the social change, the shift of values in the society, and the absence of written evidence of waqf property. This article will elaborate the cases of waqf disputes which occured in the early periods of Islam and the contemporery cases along with the settlement of the disputes taking place in Indonesia in the last few decades.</p><p><br />Kata Kunci: Hukum Islam, Hukum Perwakafan, Sejarah Sosial Hukum Islam<br /><br /></p>


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Azhari Akmal Tarigan ◽  
N. Nurhayati ◽  
M. Syukri Albani Nasution

North Sumatera Islam is often left out of Nusantara Islāmic studies. North Sumatera has not become a serious concern of the reviewers of the Islāmic history of the archipelago due to several things. First, North Sumatera Islam is understood as a continuation of Aceh Islam. Secondly, it could be that there is a suspicion that North Sumatera has been identified as a Christian territory from the beginning, although this argument is not strong. This study aims to find out about the communication between fellow scholars in developing science in North Sumatera. Then researchers will look at the role of educational institutions in the development of Islam in North Sumatera. The method used in this research is descriptive qualitative research, which aims to understand social problems, events, the role of interaction, and community groups. The qualitative approach is used by focusing on the social conditions surrounding the existence of the Ulama, who lived in his day, which became the basis in compiling the historical events of the ulama network in the development of Islam in North Sumatera in the XX century. The results of this study are; first, the scientific network among fellow North Sumatera scholars is very good; it shows from the shape of the education system. This can be seen in connection with his teachers in the Middle East. Secondly, the role of Islāmic boarding schools Musthafawiyah and Maktab  Islamiyah is very important, including as a producer of scholars in North Sumatera and a center for the study and development of Islamic Law studies in the midst of society.


2020 ◽  
pp. 145-163
Author(s):  
Marta Casals Balaguer

This article aims to analyse the strategies that jazz musicians in Barcelona adopt to develop their artistic careers. It focuses on studying three main areas that influ-ence the construction of their artistic-professional strategies: a) the administrative dimension, characterized mainly by management and promotion tasks; b) the artistic-creative dimension, which includes the construction of artistic identity and the creation of works of art; and c) the social dimension within the collective, which groups together strategies related to the dynamics of cooperation and col-laboration between the circle of musicians. The applied methodology came from a qualitative perspective, and the main research methods were semi-structured inter-views conducted with active professional musicians in Barcelona and from partic-ipant observation.


2020 ◽  
Vol 8 (1) ◽  
pp. 37-46
Author(s):  
Stanislava Varadinova

The attention sustainability and its impact of social status in the class are current issues concerning the field of education are the reasons for delay in assimilating the learning material and early school dropout. Behind both of those problems stand psychological causes such as low attention sustainability, poor communication skills and lack of positive environment. The presented article aims to prove that sustainability of attention directly influences the social status of students in the class, and hence their overall development and the way they feel in the group. Making efforts to increase students’ attention sustainability could lead to an increase in the social status of the student and hence the creation of a favorable and positive environment for the overall development of the individual.


Author(s):  
Muchimah MH

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.


Author(s):  
Dira Herawati

Accountability report is a written description of creative experiences as an artist or a photographer of aesthetic exploration efforts on the image and the idea of a human as a basic stimulant for the creation of works of art photography. Human foot as an aesthetic object is a problem that relates to various phenomena that occur in the social sphere, culture and politics in Indonesia today. Based on these linkages, human feet would be formulated as an image that has a value, and the impression of eating alone in the creation of a work of art photography. Hence the creation of this art photography entitled The Human Foots as Aesthetic Object  Creation of Art Photography. Starting from this background, then the legs as an option object art photography, will be managed creatively and systematically through a phases of creation. The creation phases consist of: (1) the exploration of discourse, (2) artistic exploration, (3) the stage of elaboration photographic, (4) the synthesis phase, and (5) the stage of completion. Methodically, through the phases of the creative process  through which this can then be formulated in various forms of artistic image of a human foot. The various forms of artistic images generated from the foots of its creation process, can be summed up as an object of aesthetic order 160 Kaki Manusia Sebagai Objek Estetik Penciptaan Fotografi Seni in the photographic works of art. It is specifically characterized by the formation of ‘imaging the other’ behind the image seen with legs visible, as well as of the various forms of ‘new image’ as a result of an artistic exploration of the common image of legs visible. In general, the whole image of the foot in a photographic work of art has a reflective relationship with the social situation, cultures, and politics that developed in Indonesian society, by value, meaning and impression that it contains.Keywords: human foots, aestheti,; social phenomena, art photography, images


2020 ◽  
Vol 1 (3) ◽  
pp. 236-242
Author(s):  
Barnokhon Kushakova ◽  

This article discusses the conditions, reasons and factors of characterization of religious style as a functional style in the field of linguistics. In addition, religious style and its main peculiarities, its importance in the social life, and the functional features of religious style are highlighted in the article. As a result of our investigation, the following results were obtained: a) the increase in the need for the creation and significance of religious language, particularly religious texts has been scientifically proved; b) the possibility of religious texts to represent the thoughts of the people, culture and world outlook has been verified; c) the specificity of religious language, religious texts has been revealed; d) the development of religious style as a functional style has been grounded.


Author(s):  
المختار الأحمر

الملخّص يتناول البحث علاقة الفطرة بالشريعة في التفكير الإسلامي، وما تطرحه هذه العلاقة سواء على مستوى بيان الجوانب المتعلقة بخَلْق الإنسان وما فُطِر عليه ابتداء، وهذا البعد يمثّل الجانب التكوني في مفهوم الفطرة، أو على المستوى المتعلق بالشريعة وفطريتها، أي أنها جارية وفق ما يدركه العقل وتشهد به الفطرة، وهذا البعد يمثّل الجانب التشريعي الذي يطرحه مفهوم الفطرة. لقد زخرت أغلب الكتابات بتناول جانبا واحدا مما يتيحه أو يعكسه مفهوم الفطرة، لكن البحث في العلاقة التناسبية بين الفطرة والشريعة، وما يتيحه هذا النظر المتلازم بين المفهومين على مستوى الإمكانات المتعلقة بقدرات الإنسان الفطرية في فهم وتعقّل الخطاب الشرعي والأحكام التكليفية، والوقوف على غاياته ومقاصده، يبقى في حاجة إلى البحث والاستقصاء. ولذلك تأتي هذه الدراسة لتسليط الضوء على الجانب التشريعي والتكويني في علاقة الشريعة بالفطرة، باعتبارهما نظامين متلازمين يتيحان فهم طبيعة الشريعة وأحكامها ومقاصدها من جهة، وتحديد جوهر وماهية الإنسان الفطرية وإمكاناته في تعقّل هذه الشريعة من جهة ثانية.                  الكلمات المفتاحية: الفطرة، الشريعة، الدين، التكاليف، العقل. Abstract This research addresses the relationship between premordial human nature (fitrah) and Islamic law (SharÊÑah) within the frame of Islamic thought, while exploring the questions it raises at two levels. The first level explains the aspects related to the creation of man and what has initially been bestowed upon him, which represents the evolutionary aspect of the concept of fiÏrah. The second level is related to SharÊÑah and its nature, which evolves according to what is percieved by reason and witnessed by fiÏrah; this represents the legislative aspect presented by the concept of fiÏrah. The majority of studies to date address a single aspect of the illustrations of the concept of fiÏrah. However, research on the dialectic relationship between fiÏrah and SharÊÑah and what its relevant concurrent view provides at the level of potentials related to human innate capacities in understanding and realizing SharÊÑah discourse and mandatory provisions as well as understanding its objectives  remains scarce and requires further research and investigation. Therefore, this study intends to shed light on the legislative and evolutionary aspects of the relationship between SharÊÑah and fiÏrah as two interconnected systems that allow for the understanding of the nature of SharÊÑah, its provisions and purposes, as well as identifying the essence of human innate nature and its potential in perceiving SharÊÑah. Keywords: human nature (fiÏrah), Islamic law (SharÊÑah), religious mandates (TakÉlif), religion, intellect (ÑAqal).


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