scholarly journals Strategy: Can a Research Methodology Be Proposed from Islamic Sources of Knowledge?

2019 ◽  
Vol 12 (7) ◽  
pp. 83
Author(s):  
Waseem Gul
Keyword(s):  
Research Methodology ◽  
Cultural Context ◽  
Islamic Law ◽  
Theory And Practice ◽  
Human Reason ◽  
Body Of Knowledge ◽  
Sources Of Knowledge ◽  
Research Cycle ◽  
Islamic Jurisprudence ◽  
The Subject

The study has attempted to propose a research methodology for the subject of strategy from an Islamic perspective. It employed qualitative research methodologies to explore and analyze the content taken from the texts of the Quran and the Hadith; the Islamic Law contained in these texts; interpretation of this law via Islamic Jurisprudence. It has argued to extend this law into multiple layers of the research methodology ensuring whole research cycle takes place within the Tawhidic Paradigm propounded in the texts of the Quran and the Hadith. In doing so, it adopted the model of the research methodology as developed in the Jeudo-Christian or the Western cultural context and tried to replace the research philosophy(es) and reasoning approaches with the Islamic Law and Islamic Logic, enabling the whole methodology to operate within the framework of revelation and human reason at each and every layer and every aspect. This study is a part of the efforts which are being made to explore alternate perspectives in order to overcome the prevailing issues emerging in the classical management theory and practice, including those related to strategy. While works of scholars from cultural contexts different from the western cultures are surfacing in this area, it seems to be useful to also explore the Islamic sources of knowledge for the very purpose. It is to highlight a crucial point that this study should not be considered a way of negating or rejecting the existing body of knowledge, but it is an attempt to bring something which may complement it or provide a new way of looking into the subject of strategy.

scholarly journals Judicial Khula; theory and practice

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 29-40
Author(s):  
Muhammad Rafi Bunairi ◽  
Hujjatullah Agha
Keyword(s):  
Comparative Study ◽  
Analytical Study ◽  
Islamic Law ◽  
Theory And Practice ◽  
The Public ◽  
Fair Process ◽  
Family Courts ◽  
Judicial Practice ◽  
Islamic Jurisprudence ◽  
Emerging Issues

Khula is the most practically used component in the judiciary of Pakistan and this requires completely Islamic Jurisprudence but unfortunately, Neither bar nor bench has special competency on this issue, on top of that Dar Ul Ifta is a different system in Pakistan that is not recognized ultimately common peoples face problems. The question arises to examine the theory of Khula in Islamic law along with Pakistani judicial practice in this relevant matter and furthermore to point out contemporary issues with its solutions so comparative study between khula and its practice is mainly focused in this research. This paper is not just an analytical study of the topic, but it is comparing both theoretical and practical aspects of Kula so that reforms could be oriented toward emerging issues. This work has drawn the conduct for the legal fraternity in concern matter furthermore, this writing has shown a way to the public for adopting a just & fair process for canceling the contract of marriage and more importantly the replacement of Civil judges with Muftian-E-Kiram in family courts will overcome the problems in family cases.

scholarly journals Uşûl al-Fiqh versus Hermeneutika tentang Pengembangan Pemikiran Hukum Islam Kontemporer

2014 ◽  
Vol 4 (2) ◽  
pp. 194
Author(s):  
Ahwan Fanani
Keyword(s):  
Islamic Law ◽  
A Priori ◽  
Main Tool ◽  
A Priori Knowledge ◽  
Central Position ◽  
New Methods ◽  
Islamic Jurisprudence ◽  
Contemporary Life ◽  
The Subject ◽  
Priori Knowledge

<p>The philosophy of Islamic Law (uşûl al-fiqh) has been known as occupying the central position</p>in the whole structure of Islamic jurisprudence. Its method and logic of legal extrapolation has dominated not only the legal sphere of the jurists but also influenced the philosophers and the scholastics in their method and way of thinking. Uşûl al-fiqh is mainly deductive in its approach and is concerned with the analysis of linguistics. Now with the developments of new methods in legal and linguistic studies, many scholars have attempted to introduce new way of interpreting Islamic law by bringing up hermeneutics as the main tool. Hermeneutics is about interpreting text by taking into consideration the cultural and personal backgrounds of the author. It also teaches that in reading a text, a reader must be neutral in that he should not have in mind an a priori knowledge and assumption about the subject. This paper is concerned with exploring the dynamics of both uşûl al-fiqh and hermeneutics in the context of developing the Islamic Law in contemporary life.

Piracy in Ottoman Islamic Jurisprudence

2017 ◽  
Author(s):  
Joshua M. White
Keyword(s):  
Seventeenth Century ◽  
Islamic Law ◽  
Theory And Practice ◽  
Legal Questions ◽  
Islamic Jurisprudence ◽  
Legal Opinions

This chapter examines the legal opinions (Arabic: fatwa, Turkish: fetva) issued by the chief Islamic legal authorities of the empire (şeyhülislam) concerning maritime violence and explores the implications of their rulings for judges and litigants throughout the empire and for the corsairs based on its margins. Drawing on research in sixteenth- and seventeenth-century fetva collections, the chapter establishes the kinds of legal questions that piracy and captivity posed for the Ottomans and how they were answered as the intensity, frequency, and focus of Mediterranean piracy mutated in sometimes alarming ways. Showing how secular, interstate, and Islamic law were harmonized through fetvas, the chapter lays the groundwork for the subsequent analysis of the convergence of theory and practice in Ottoman courts.

scholarly journals A Polemical Discourse over the Legitimation of Illegitimate Children under Islamic Law

2019 ◽  
Vol 27 (1) ◽  
pp. 151-179
Author(s):  
Isa Abdur-Razaq Sarumi ◽  
Azizah bt Mohd ◽  
Norliah bt Ibrahim
Keyword(s):  
Islamic Law ◽  
Feasible Solution ◽  
Fundamental Principle ◽  
Qualitative Approach ◽  
Legal Research ◽  
Islamic Jurisprudence ◽  
Putative Father ◽  
The Subject ◽  
Illegitimate Children ◽  
Muslim Scholars

Muslim jurists unanimously agree that any woman that gives birth to a child, the child is to be attributed to her husband and legitimacy of that child is to be established except in circumstances where the child is disclaimed by the husband through imprecation (li’an). However, dissension over the legitimation of children born out of wedlock has long been recorded in the classical books of Islamic Jurisprudence, although the majority of jurists’ opinion secured an overwhelming preponderance over others. The argument over the legitimation has recently been advanced in order to find a feasible solution to the alarming condition of children born out of wedlock. Interestingly, both opponents and proponents of the legitimation of illegitimate children among Muslim scholars buttress their arguments with the famously narrated hadith “al-walad lil firash” (“The child is traced to the owner of the bed i.e. the legitimate husband).” on the subject matter. Therefore, this article seeks to explore juristic interpretations of the hadith and the rationale behind the scholars’ dissention. This article is a result of a research that has been done through the adoption of a qualitative approach of research, which includes doctrinal and non-doctrinal legal research methodologies. It has been found that attributing a child to his putative father after the acknowledgement does not contravene the fundamental principle of Shariah; it is rather an opinion held by the majority of classical Muslim scholars.

scholarly journals Imprisonment of the Debtor in the Jordanian Implementation Law in Comparison to Islamic Jurisprudence and International Covenants: حبس المدين في قانون التنفيذ الأردني مقارناً بالفقه الإسلامي والمواثيق الدولية

2019 ◽  
Vol 3 (5) ◽  
Author(s):  
Mohamed Hamed Mohamed Al- Amayrah
Keyword(s):  
International Organizations ◽  
Analytical Approach ◽  
Islamic Law ◽  
Legal Regulation ◽  
The Other ◽  
Political Rights ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Civil And Political Rights ◽  
International Conventions

  The study deals with the provisions of the debtor's imprisonment in the Jordanian This study deals with the provisions of imprisonment of the debtor in the Jordanian Execution Law No. 25 of 2017 and its amendments, in comparison to the Islamic jurisprudence and international covenants. The main problem is the extent to which the debtor may be imprisoned in the Jordanian Execution Law compared to Islamic jurisprudence and international covenants. Analytical approach as it fits in with this study and its nature by interpreting the texts and legal articles in the Jordanian implementation law, Islamic jurisprudence and international conventions and analyzing them in order to deduce the legal and jurisprudential purpose. Hence, the researcher took the approach of comparing the texts R and theories between the Jordanian law and Islamic jurisprudence with international covenants'. At the end of the study, the researcher found that imprisonment has been used in modern terms since it was analyzed by the scholars of Islamic law until it reached the legislative texts in the jurisprudential magazine, which is based on the Jordanian law, as a result of the positive achievements that contributed to the preservation of the rights of individuals (creditors). And that the International Covenant on Civil and Political Rights only provided for debts arising from contractual relations only, without the other sources of obligation addressed by domestic laws and Islamic jurisprudence. The researcher reached a number of conclusions and recommendations. The most important of these results was that the imprisonment of the debtor is an act of compulsion and pressure rather than an end to imprisonment as a punishment, aimed at restricting the debtor to fulfill his obligations to the creditor. Freedoms The legislator has put in place a legal regulation concerning the imprisonment of the debtor surrounded by a number of provisions to prevent abuse by the creditor in order to collect the creditor's money from the debtor. One of the most important recommendations reached by the researcher, The researcher hopes relevant international organizations and organizations to better understand the subject of the debtor's imprisonment, understanding the purpose, objectives and manner of the debtor, and understanding the principle that this detention was initiated after balancing the rights of the financial creditor and the rights of the debtor.  

scholarly journals The Early Development of Islamic Jurisprudence

1997 ◽  
Vol 14 (3) ◽  
pp. 83-86
Author(s):  
Abuhamid M. Abdul-Qadir
Keyword(s):  
Early Development ◽  
Islamic Law ◽  
Legal Theory ◽  
Primary Source ◽  
Second Century ◽  
Social Lives ◽  
Islamic Jurisprudence ◽  
History Of ◽  
The Subject ◽  
Independent Thinking

Professor Ahmed Hasan has made a great contribution to the understandingof the early history of Islamic jurisprudence up to the time of al Shafi'i (d. 204A.H.). A few works. such as The Origins of Muhammadan Jurisprudence byProfessor Joseph Schacht, have been published on the early development ofIslamic jurisprudence. and Hasan's work is a valuable addition. Islamic jurisprudenceis a dynamic, ongoing, and virtually limitless subject. The communitycannot survive without it as long as new issues arise to be resolved andIslamized. Thi field of study helps the community to move forward, encouragingmembers to solve new problems that arise in their social lives. Hasan discusseshow jurists debate one another over the extraction of God's law and how.ultimately, uch debates have developed Islamic jurisprndence and the differentlegal schools. ljma' (consensus) and qiyas (analogy) did not exist at the time ofthe Prophet; they developed through ijtihtid, based on the principle sources theQur'an and Sunnah. The subject has a kind of progressive flow, tide, and dynamiccharacter. Hasan divide his book into seven chapter, beside an introductionand a concluding discussion. He also includes a bibliography and an index. Theauthor chose a period in the history of jurisprudence for which sources for synthesisare difficult co obcain. He shows the historical development of lslamicjurisprudence in the first two centuries of Hijrah based mainly on the work ofMalik. Abu Yusuf, al Shaybani and al Shafi'i.This book is designed for readers who are particularly interested in Islamiclaw and history. In the introduction the author describes the meaning of fiqh andother allied terms. He analyzes the origins of the early schools of law-such asthe schools of Medina and Iraq-that developed through the work of scholarswho extracted God's law from the revealed sources. Further analysis by theauthor suggests that after the middle of the second century A.H., scholars weregenerally engaged in independent thinking on law. ln the same way. al Shafi'ideveloped his own legal theory and brought consistency into law. After him theregional character of the early schools began to disintegrate and faithfulness toone master and his principles gradually predominated.The author discusses the sources of Islamic law beginning with the developmentof the main five categories of judgment of Muslims' aces, namely, theobligatory. the recommended, the neutral, the disapproved, and the prohibited.These categories are ultimately based on four sources: the Qur'an, the Sunnah,ijma' and qiyas. The author first deal with the Qur'an, briefly pointing out thatit is the primary source of legislation and guidance. The author discusses thedoctrine of the abrogation of individual verses in the Qur'an (naskh) in a separatechapter, pointing out the development of the theory of naskh and its significantrole in Islamic jurisprudence. Although naskh is an established doctrine inthe field of Islamic jurisprudence, the author's long analysis of naskh suggeststhat since the Qur'an is eternal there can be no reasonable ground for the thesis ...

scholarly journals [Women's Inheritance Rights According to Syarak Law and The Division of Its Division According to The Local Cultur Dynamism] Hak Pusaka Wanita Menurut Hukum Syarak dan Keharusan Pembahagiannya Mengikut Dinamisme Budaya Tempatan

2018 ◽  
Vol 18 (1) ◽  
pp. 181-194
Author(s):  
Mohd Anuar Ramli ◽  
Mohd Hafiz Jamaludin ◽  
Mohammad Aizat Jamaludin
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Cultural Context ◽  
Islamic Law ◽  
Alternative Solution ◽  
Equal Division ◽  
Gender Inequity ◽  
Male And Female ◽  
Islamic Jurisprudence

The issue of inheritance is constantly being debated especially pertaining to the 2:1 ratio of division between male and female. This article tends to focus on this inheritance polemic in the perspective of Islamic jurisprudence, either the 2:1 portion of man and woman is a rigid allocation, or there are another kind of apportionment that prioritise woman rather than man. It also discusses wether the inheritance rights might change according to the change of socio-cultural context to the equal division for man and woman as an alternative solution for the issue in Malaysian society. In order to achieve this objectives, the researcher had been pursuing a qualitative research which was focusing in library data collection. Result from the research shows that Shari`ah is just enough in handling this particular issue, in the meantime the Malay culture also manage to balance the portion of distribution 2:1 with an alternative solution called musalahah. The 2:1 division is also not a uniform in nature, even there are some other kind of divisions that prioritise woman over man in their inheritance.   Keywords: Inheritance, Female, Shariah, Gender Inequity, Islamic Law.   Isu hak pusaka wanita sering diperdebatkan terutamanya melibatkan pembahagian dua nisbah satu (2:1) antara lelaki dan wanita. Artikel ini akan memfokuskan kepada polemik pusaka wanita dari perspektif hukum Islam sama ada nisbah lelaki wanita 2:1 bersifat rigid, atau ada peruntukan lain yang melebihkan kaum wanita berbanding lelaki. Artikel ini turut membincangkan sama ada hak tersebut boleh berubah dengan perubahan sosio budaya masyarakat dan berubah menjadi hak yang sama rata antara lelaki dan wanita serta penyelesaian alternatif kepada isu tersebut dalam konteks masyarakat Islam di Malaysia. Bagi mencapai objektif tersebut, pengkaji telah menjalankan kajian berbentuk kualitatif melalui proses pengumpulan data yang lebih memfokuskan kepada metode kepustakaan dan dianalisis secara diskriptif. Hasil kajian mendapati syariat Islam bersifat adil, dan budaya masyarakat Melayu mampu mengimbangi kadar pembahagian 2:1 dengan penyelesaian alternatif melalui kaedah muafakat (musalahah) dan kadar 2:1 juga tidak bersifat menyeluruh, malah ada kadar yang melebihkan wanita berbanding lelaki.   Kata kunci: Harta Pusaka, Wanita, Syariat, Ketidakadilan Gender, Hukum Islam

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