الفتاوى في أسباب استحقاق الميراث: دراسة تحليلية لميراث من لا وارث له من المسلمين الجدد

ملخص لقد أقر الإسلام نظام التّوارث بين القرابة فقوى بهذا التّشريع أواصر اللّحمة بين الوارث والمورث، كما سن التّوارث بين الزّوجين ما دامت الزّوجية قائمة بينهما، وأعطى للمعتق حق ميراث عبده الذي أعتقه، وقد هدفت هذه الدّراسة إلى بيان وتحليل استحقاق الميراث بسبب رابطة الإسلام. والتي تنازع استحقاق الميراث بها الموالي للمؤلف قلبه بجهة الإسلام، وبيت المال بكونه جهة ممثلة لجماعة المسلمين. وتكمن مشكلة البحث فيمن له أولوية ميراث المؤلف قلبه أو من لا وارث له، إذا انعدمت الأسباب الأخرى للميراث. وقد اعتمدت هذه الدّراسة على المنهج الاستقرائي وذلك من خلال تتبّع آراء الفقهاء وأدلتهم في شروط استحقاق الولاء بالإسلام في هذا الوقت بذات، والنّظر في استحقاق بيت المال لميراث من لا وارث له من المسلمين، كما اعتمدت على المنهج التّحليلي المقارن في مناقشة آراء الفقهاء وأدلتهم وتحليلها، مع مقارنة هذه الأحكام بما يجري عليه العمل في دوائر الفتوى اليوم. وقد خلصت هذه الدّراسة إلى نتائج مهمة منها: أن بيت المال هو جهة حافظة لأموال المسلمين من الضّياع، وليس جهة وارثة، فإن عرف لهذه الأموال صاحب ردت إليه، وإن لم يعرف لها صاحب مالك وزعت في مصالح المسلمين. وأن جهة الولاء بالإسلام للأشخاص مقدمة على بيت المال شرعا، وأن من لا وارث له شرعا من المسلمين الجدد له أن يوصي بكل ماله لمن كان سببا في إسلامه سواء كان شخصا أو مؤسسة. Abstract Islam has approved the system of inheritance based on accepted scholars justification. In kinship, this legislation has strengthened the bonds between the heir and the bequeathed. Likewise, the inheritance between spouses as long as the marriage exists between them. And he gave the freedman the right to inherit from his slave who had freed him. This study aimed to clarify and analyze the entitlement to inheritance in Muslim new. The problem of the research lies in the one who has the priority of the inheritance in new Muslims, if there are no other justifications for inheritance. This study relied on the inductive approach, by following the opinions of the jurists and their evidence regarding the conditions for inheritance entitlement in Islam currently; and examining the entitlement of Bayt Al-Mal as the beneficiary of the new Muslims who have no heirs. It also relied on the comparative analytical method in discussing and analyzing the opinions and evidence of jurists; comparing these provisions with what is being done in the fatwa departments today. This study concluded important results, including: The Bayt Al-Mal is a custodian of Muslims' money from loss, and not an inheritor. If the owner of this money is known, it will be returned to him, and if the owner of the money is not known, it will be distributed in the interests of the Muslims. The person who guides the new Muslim should be given precedence of inheritance in the Syariah. While, a new Muslim who does not have a legal inheritance has the right to bequeath all his money to whoever was a reason for his conversion to Islam, whether he was a person or an institution.

Al-Qāḍī ʻIyāḍ and His Method in Studying the Noble Hadith: “A Book with Bughyah Al-Ra’id Lima Tadammanahu Hadith Ummi Zar’ min al-Fawa’id The Pioneer Endeavour for Benefits in Ummi Zar’s Report”: As an Example

Al-Qāḍī ʻIyāḍ’s explanation of the hadith of Ummi Zara’ is considered one of the most authentic explanations and was approved by the early and later scholars. The aim of this research is to clarify the method employed by Al-Qāḍī ʻIyāḍ in the study of the noble hadith through his explanation “Bughyah al-Ra’id Lima Tadammanahu Hadith Ummi Zar’ min al-Fawa’id”. The researcher relied on the inductive approach in introducing Al-Qāḍī ʻIyāḍ and his efforts in this explanation, and the analytical approach in order to highlight Al-Qāḍī ʻIyāḍ’s innovative methodology, which distinguished this explanation from others. The research concluded that Al-Qāḍī ʻIyāḍ established the rules of a new approach in dealing with the religious text, based on comprehensiveness and integration, which explains his extraction of a huge number of jurisprudential and Arabic issues, with unique investigations and wonderful references.

THE SIGNIFICANCE OF INTENT ON ZAKATABLE REAL ESTATE: A JURISTIC ANALYSIS

Real estate remains one of the most significant properties for personal use and investment purposes. Individual institutions and corporate bodies operate on real estate properties. In recent times, there have been several concerns among zakatable individuals and organizations on the shariah criteria for identifying zakatable real estate properties because of the difference between assets for personal use and commercial purposes. There is 'arūd tijārah (commodities for sale) such as real estate, land, car, and goods in real estate investment. On the other hand, 'arūd quniyyah, (durable properties) are intended for personal use such as a private house, private car, private vacation home. This study aims to conceptually analyze the concept of intention in Islam and its juristic interpretations to distinguish between zakatable and non- zakatable real estate properties. This study relies on the inductive approach in gathering and arranging data from classical and modern literature. It also uses the descriptive method in explaining the basic terms in the research. The study found that real estate owners' intent influences the asset's zakat status. First, 'arūd quniyyah (real estate) are durable assets, meant for personal use, are Zakat free, while the real 'arūd tijārah (estate commercial assets) are subject to Zakat. The commercial assets can also be for sale and rental. The study finally suggests that zakat calculations of zakatable real estate should be subjected to supervision and validation of competent contemporary Shariah scholars to ascertain juristic position on the distinctions between zakatable and non-zakatable assets.

Custody in Qatari Law and it Coincides with Shariah

Custody has significantly important to the family and society and its stability, Therefore, Shariah (Islamic Law) and other all man-made laws have taken attention to it, and Qatari law is one of these laws that have taken care of it very much. The problem of research lies on Qatari’s Law coincides with Shariah (Islamic Law) or not? And research aims to show the concept of custody between Shariah and Qatari Law, and how the harmony between them is. The study followed the inductive approach by tracking and collecting the scientific material from its sources and legal references, and the analytical approach, which leads to the analysis and clarification of the articles of law with the legal rulings and comparing them with jurisprudential opinions. The research concluded that the Custody in Qatari law mostly did not depart from the opinions and sayings of the jurists and scholars of the four schools of Fqih, except few, as it took some parts of the sayings, or combined the sayings in some issues, and rarely separated from the rest of the sayings of them, and all of that was considering the benefit to the case.

Jurisprudential characterization of the person infected with the Corona epidemic and the jurisprudential rulings resulting from his disposal in financial compensation contracts: Sale contract as a model: التوصيف الفقهي للمصاب بوباء كورونا والأحكام الفقهية المترتبة على تصرفه في عقود المعاوضات المالية: عقد البيع أنموذجا

This research aims to clarify the jurisprudential characterization of the person infected with the Corona epidemic, and to clarify the jurisprudential provisions resulting from his disposal in the sales contract; This is because the patient may suffer from obsessions that affect his behavior, and the researcher has combined the inductive approach by following the issues related to the topic of research, collecting and categorizing them, and the descriptive approach in terms of mentioning the sayings of the jurists in each issue with its evidence, with mentioning the sayings of the considered schools of jurisprudence, and the discussions on them as possible, and clarifying The most correct, and the reason for the weightingThe researcher came out with results, the most important of which are: The Corona epidemic can be described by what is called jurisprudence as a dreaded disease, selling the person infected with the Corona epidemic if he is not indebted to a foreigner or buying it from him for the same price is valid without the heirs’ permission, whether debtor or not, and it is also true if it is a favoritism of one third or less Pre-emption is established for the partner in the case of the patient selling to an heir or someone else if the sale is made at the same price, pre-emption is established for the intercessor if the purchaser is from the patient by favoritism and the intercessor is foreign, and the option of the condition and the fault of the person suffering from the epidemic is not lost if there is an excuse such as loss of consciousness or the like.

Imam Yusuf Zadeh and his methodology in his book Najah Al-Qari Sharh Sahih Al-Bukhari: الإمام يوسف زاده ومنهجه في كتابه نجاح القاري لصحيح البخاري

Imam Abu Muhammad Abdullah bin Muhammad bin Yusuf bin Abdul Manan Al-Hilmi Al-Amassi is one of the most prominent scholars of the twelfth century in the Ottoman Empire, especially in the islamic science of readings and hadith As for his book (Najah Al-Qari, Sahih Al-Bukhari), it is a great, useful and comprehensive book, the author has emptied his can and exerted his effort until he showed it to the people, a comprehensive collector to views of predecessors, Riwayeten and dirayeten, including to successor sayings with all honesty and care. And that caption all sides jurisprudence of hadith. Might he was hope with that to be his that book a comprehensive reference for everyone who wants to delve into the hadith and its sciences. And this research aims to definition the author’s political, social life and scientific state in addition to studying the hadith in his time. As such that research encompass definition the book “Najah Al-Qari” to Sahih Al-Bukhari, and encompass rank of Al-Bukhari to the Ottoman sultans, and the definition the author’s curriculum in that. It adopted the inductive approach to extrapolate the texts and collect them within the limits of the research topic. It also adopted the descriptive approach in analyzing and interpreting texts and drawing conclusions, adhering to the limits of the research in focusing on the approach of Imam Yusuf Effendi Zadeh in his book Najah Al Qari. Among the most prominent results that I reached is that Imam Yusuf Effendizadeh's approach in his book Analytical Method, as it is considered in his method of explanation as an explanation mixed with the text.

مستخلص الخنزير لصناعة الأدوية الكبسولة: الاستحالة في ضوء مقاصد الشريعة

Bringing benefit and repelling harm is one of the main objectives embedded in the divine law of Shariah. The law of Shariah came in its entirety for the preservation of fundamental principles of Allah on the creation such as the five maqāsid al-shari‘ah principles. Since the dawn of the scientific revolution, genetic engineering has triggered several debates at different levels among the stakeholders. Clearly, there are opinions between the process of transformation and mere transmutation of the substance, some of which are subject to consensus and some differs. This study aims to analyze the juristic implication of the permissibility of using gelatin extracted from pig parts in the pharmaceutical industry. The study adopted the inductive approach to collect the information recorded in contemporary literature in this regard and then followed by a comparative analytical study to highlight the agreed and disagreed facts between Shariah sources and other sciences. The most important note is that in the event of a choice, consuming foods and drinks containing pork gelatin is not permissible. By the same analogy, the capsulated medicines cannot be taken, and this study is purely for the case when it is necessary and there is no alternative.

Development of Religious and Moral Values Through Cublak-Cublak Suweng Traditional Games To Build Children's Character

One way to build character early is through games, including traditional games. Apart from building character, this game can also develop aspects of children's religious and moral values. The purpose of this research is to make children's character. The type of research used in this research is descriptive research with an inductive approach, data collection techniques used are primary and secondary data through inductive methods. Based on the results of research that has been carried out, it shows that traditional games performed for early childhood using cublak-cublak suweng games can help train and develop the development of religious and moral values ​​in children aged 4-6 years by training children to behave well, honest, polite behavior, tolerance, train cooperation, and train children's creativity.

Shaykh Abdullah Fahim's Views on Salawat in a Psychological Perspective

Psycho-religion is classified as the highest spiritual psychotherapy in the field of psychology. This is because the field involves religion that works to increase confidence thus speeding up the healing process. One of the therapies that fall into this category is the practice of reciting Salawat. This practice is common in traditional institutions of learning institutions in the Malay world. In some places, this practice becomes part of the curriculum of study. Some recite it as remembrance, and some recite it in the form of melodic performances such as qasidah, hadrah and so on. This study, however, is limited to the views of prominent educators in Malaya, Shaykh Abdullah Fahim (1869 - 1961) to practice reading the Salawat. The main objective of this study is to look at Shaykh Abdullah Fahim's thoughts on Salawat from a psychological perspective. This study uses a fully qualitative method. For data collection purposes, an archival approach was used. The conclusion of the study was made by using an inductive approach that is by summarizing the findings in general. The study found that the practice of Salawat from the point of view of Shaykh Abdullah Fahim has potential development benefits in terms of emotions, behaviour, and motivation.Keywords: Shaykh Abdullah Fahim; Salawat; psycho-religion; psychologyAbstrak: Psikoreligius tergolong psikoterapi spiritual tertinggi dalam bidang psikologi psikoterapi. Hal ini dikarenakan bidang tersebut melibatkan agama yang berfungsi untuk meningkatkan kepercayaan diri sehingga mempercepat proses penyembuhan. Salah satu terapi yang termasuk dalam kategori ini adalah praktik membaca salawat. Praktik ini sudah menjadi tradisi di lembaga-lembaga lembaga pembelajaran tradisional di dunia Melayu. Di beberapa tempat, praktik ini menjadi bagian dari kurikulum studi. Ada yang membacanya untuk dzikir, dan ada pula yang membacanya dalam bentuk sesajen seperti qasidah, hadrah dan sebagainya. Namun penelitian ini terbatas pada pandangan tokoh pendidik di Malaya, Syekh Abdullah Fahim (1869 – 1961) tentang amalan membaca salawat. Tujuan utama dari penelitian ini adalah untuk melihat pemikiran Syekh Abdullah Fahim tentang salawat dari perspektif psikologis. Penelitian ini menggunakan metode kualitatif penuh. Untuk tujuan pengumpulan data, pendekatan arsip digunakan. Kesimpulan penelitian dibuat dengan menggunakan pendekatan induktif yaitu dengan meringkas temuan secara umum. Studi ini menemukan bahwa praktik salawat dari sudut pandang Syekh Abdullah Fahim memiliki potensi manfaat pengembangan dalam hal emosi, perilaku, dan motivasi.Kata Kunci: Shaykh Abdullah Fahim; salawat; psiko-religius; psikologi

The Role of Affirmative Action in Treating Psychiatric Diseases through Risale-i Nur: Anxiousness Self as A Model

This article discusses the role of affirmative action in protecting from anxious self, and its effective contribution to treating its negative effects on building human civilization through Risale-i Nur by Imam Badi Al-Zaman Al-Nursi. Three main issues are discussed in this study: the causes of anxiousness self, the concrete effects of anxiousness self on individuals and society and the values of affirmative action that are used in treating the anxiousness self and its negative impacts. The causes of anxiousness self and its effects on individuals and society were extracted by using the inductive approach of Risale-i Nur. But the descriptive method was used to extract the effective values of affirmative action to protect from it and treat its effects. The study confirms that concentrating and completing work are among the affirmative action basics regardless of the results. It also draws attention to the importance of the media to reduce the penetration of anxiousness self among society members. The results demonstrate the effectiveness of collective actions, whether they are religious or non-religious, to treat the anxious self and reduce its impacts.