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.

Islamization of Arabic Poetry between Pre-Islamic (Jahiliyyah) and Islamic Period: Praise Poetry of Hassan Ibn Tsabit as a Case Study

Hassan bin Tsabit is among the prominent figures in Arabic poetry. One of the reasons he excels in poetry is because he is from a family of poets. Hassan bin Tsabit is well-known among his people during the pre-Islamic (jahiliyah) period and during the Islamic period after his conversion to Islam. It is a known fact that he plays a big role in defending Islam through his poetries. On that note, this article aims to find out the islamization in Hassan bin Tsabit's poetry works between pre-Islamic and Islamic period focusing on his praise poetries. The methodology used for this article is the descriptive qualitative research method. The researchers analyzed the selected praise poetries according to the concept of Islamic literature by Muhammad Uthman El-Muhammady. The findings of this article are that the work of praise poetries by Hassan bin Tsabit is influenced strongly by Islam in terms of the terminologies and style of writing.

Lârandali Shânî’s Avâmilin Verse

With the spread of Islam among communities belonging to different languages and cultures, it has become essential for Muslims to learn the language of Islamic sources. Some scholars, who were aware of this situation, have tried to close the gap in the field by producing works on the language and grammar of Arabic since the first period of their conversion to Islam. One of these works is al-Avamilu'l-Mi'e, which was written by ‘Abd al-Kâhir al-Jurjânî (d. 471/1078), an Iranian-origin Arabic language scholar. Since the first period, a lot of work has been done on this work in prose or verse in the form of translation and commentary in different languages, especially Arabic, Persian and Turkish. The first of these works awâmil, written by Muhammad b. Hishâm Hirawî (d. 737/1337). It is composed in a Persian verse in 30 couplets. Since the 10th century in the Anatolian, many studies have been carried out, especially in prose, in the field where Turkish is spoken. Especially, studies on different subjects and forms carried out in the Anatolian field since the 19th century attract attention. One of the poets who continued this verse tradition, which started with Birgiwi (d.981/1573), was one of the poets of the 19th century, LârandaliShânî. This work was aconcise translation of Awamil-I Jurjaniby Shâni. I also examine the way in which Shanî deals with the awamil in it and introduce the work in terms of its form and content as well as present the work’s transcription.

United Nations Convention on the Rights of Child: Forced Conversion of Hindu Minor Girls in Pakistan

Pakistan has ratified the United Nations Convention on the Rights of Child expressing therein that the right to freedom of religion incorporates that nobody ought to be compelled to change his religion. Pakistan’s constitution guarantees religious freedom to all minority communities in Pakistan. Forced conversion to Islam has become another type of rough fanaticism in Pakistan. Constrained transformation is the point at which an individual who uses pressure, power, intimidation, or danger to drive someone else to acknowledge another religion. It influences almost all minority groups in Pakistan, but the biggest victims are Hindu minor girls in Sindh province. It should be forbidden to pursue a position of power to entice vulnerable Hindu minor girls to convert under duress. As the criminal justice system in Pakistan is not addressing this issue effectively, legislation is urgently needed to protect vulnerable children. This article focuses on the need to promulgate a law providing forcible conversion of Hindu minor girls as a criminal offense. A literature review method is adopted for this paper.

Az afrikai lantok története és típusai

The historical survey presented here demonstrates that musical instruments of the lute type derive from outside the African continent, even though they have probably been present in the North African region for several millennia. The first evidence of their appearance in ancient Egypt goes back to the era of Dynasty XVIII (ca. 1550–1292 BCE). The use of lutes having a long neck may have been preserved later among various Berber-speaking populations, and their wide dissemination over West Africa can only be dated with certainty to the period after the 14th century, when widespread conversion to Islam led to the replacement of an older arched type (having few strings and capable of producing a limited range of sounds) with a long-necked lute type borrowed from the Berbers, which can be considered more advanced owing to its mode of stretching the strings with a tuning ring. This paradigm shift is obvious in the epic song cycle known as Gassire’s Lute. Parallel to this development harp lutes appeared as a kind of cross between lutes and bow harps; and types of this new instrument having a larger body and multiple strings could rival the short-necked oud, an urban instrument spread by Arab tribes. Perhaps for this reason, the latter was not widely adopted among the Islamized populations of West Africa, while it did become popular in Europe in the 13th century, first adopted by the Spaniards. The fact that long-necked lutes are found only in North and West Africa also proves that the Nilotic-speaking peoples did not borrow these, unlike harps and lyras, which they did. Had they done so, the southward expansion of Nilotic-speaking populations would have led to the distribution of long-necked lutes over Central and Eastern Africa. For the same reason these instruments must have appeared in West Africa only after the Bantu expansion, before which era their use must have been restricted to Berber-speaking groups for three millennia. Short-necked lutes are likely to have been originated in Central Asia and they certainly spread from that region; the archaic type that is carved from one block of wood and has a bottle-like shape spread to Southeast Asia with the Muslim expansion and may have been carried from there to the islands of the Indian Ocean and sporadically to East Africa as well. Its wider adoption over the latter region was probably hindered by the ubiquity of rival instruments (harps and lyras) there. Moreover, the short-necked lutes carved of a single block of wood were not suitable for further development with the aim of increasing the volume, hence the recent widespread adoption among the inhabitants of the eastern and southern regions of Africa of a long-necked lute type having a larger, box-like body.

The Rights of Religious Minorities in Iraq: The Case of the Forced Conversion of Minors

Religion raises many legal questions in confessional systems where a minor child is usually assigned the parents’ religion ex officio. In Iraq, as in many Middle Eastern countries, the conversion to Islam of one of the parents results in the conversion of their minor children. For decades, the Iraqi Court of Cassation has granted children the right to choose their religion upon reaching majority. From the early 21st century, the case law of the Court of Cassation has evolved towards denying children this right of option (iḫtiyār). The child is therefore deprived of his/her right to choose and must remain Muslim. In this article, the author criticizes this reversal of jurisprudence and deplores its dire consequences on social peace. After analyzing the teachings of Islamic law and the texts of positive Iraqi law, he concludes that the new trend of the Court of Cassation is ill-founded and flawed.

Faktor Pemelukan Agama Islam: Kajian Terhadap Komuniti Saudara Muslim Cina di Negeri Terengganu

Pemelukan agama Islam merupakan satu fenomena sosial yang sering berlaku dalam kehidupan masyarakat majmuk di Malaysia. Perihal yang sama terjadi dalam kehidupan komuniti minoriti Cina di negeri Terengganu. Hubungan etnik berbeza agama yang sekian lama terjalin sedikit banyak mendorong komuniti Cina memeluk agama Islam. Objektif kajian ini ialah melihat faktor yang mendorong kepada pemelukan agama Islam dalam kalangan masyarakat Cina yang membabitkan diri dalam kegiatan di Kompleks Darul Hidayah. Kajian deskriptif ini dilakukan menggunakan metodologi kualitatif, iaitu menerusi temu bual terhadap 20 orang Saudara Muslim Cina yang telah memeluk agama Islam di kompleks Darul Hidayah. Hasil kajian mendapati komuniti Cina Muslim di Kompleks ini memeluk agama Islam kerana faktor pergaulan dengan rakan Muslim, perkahwinan, kajian tentang Islam, mendapat hidayah dari Ilahi dan dorongan daripada keluarga yang telah memeluk agama Islam. Hasil dapatan berupaya membantu badan-badan dakwah dan masyarakat Muslim setempat agar peka terhadap isu-isu yang berlaku dalam kehidupan saudara Muslim pada tempoh sebelum dan selepas pemelukan agama Islam. The conversion is the change of belief which is a social phenomenon that occurs in the multiethnic society of Malaysia. The same situation happens in the life of the Chinese community in Terengganu. The ethnic relationship within interreligious community that had existed for a long time influenced the Chinese community to convert to Islam. The objective of this study is to determine factors that lead to the conversion to Islam among the members of the Chinese community who are involved in activities at Darul Hidayah. This descriptive study used a qualitative method by interviewing 20 Chinese Muslim converts at the complex of Darul Hidayah. In addition, interviews were also conducted with three important figures who were directly involved in the welfare of the new Chinese converts in Terengganu. The study found that the contributing factors to the Chinese community conversion to Islam in Complex Darul Hidayah Islam are related with Muslim friends, marriage with a Muslim, research about Islam, divine guidance and encouragement from the family who have converted to Islam. The findings could help the missionary bodies and the local Muslim community to be more sensitive to the issues that occur in the life of Muslim Converts before and after conversion.

Feminist Ethnography in South Korea: Documenting Conversion to Islam in “Multicultural” Korea and the Gendered Struggle for Belonging

This paper presents a feminist ethnographic account of the gendered struggle for belonging in “multicultural” Korea through an in-depth case study of a Korean Muslim woman convert and her family. Centering the informant and her family’s narratives, I explore the gendered implications linked to her conversion to Islam, her sense of belonging and how her inter-ethnic marriage challenges existing notions of labelled “multicultural families” in Korean society. This paper sheds light on the penalties associated with the case study’s religious conversion and marriage choice, demonstrating how she experiences exclusion from mainstream society and her own ethnic community. Far from being an isolated case, I will further convey how it is linked to several others in the literature, highlighting the urgent need for further field research.