بين مفهومي الجهاد والإرهاب: دراسة في المفهوم والأهداف لحركة القاعدة وتنظيم داعش أنموذجا

In the aftermath of the September 11 attacks, Islam has fell victim to the allegation that relates it to terrorism. This is due to the rise of terrorist movements such as al-Qaeda and ISIS that claim to be representing Islam and pursuing the holy war (jihād) to establish an Islamic caliphate (al-khilāfah al-Islāmiyyah). These terrorist movements also used the same terms and concepts that can be found in the traditional Muslim scholarship, such as the abode of Islam and the abode of war (dār al-Islām wa dār alḥarb), loyalty and disavowal (al-walā’ wa al-barā’), and excommunicating Muslims (takfīr). Thus, this study seeks to analyse these two concepts of jihād and terrorism (irhāb) to locate both their similarities and differences. Comparison is made from several aspects such as etymology and history and lastly its application in our contemporary reality in relation to other relevant terms and concepts as mentioned above. This study finds that there are substantial differences between jihād and irhāb, and it is the failure to grasp the ever evolving and developing nature of Islamic law (fiqh) and the contemporary reality that led to this confusion.

The Role of History and Akhlāq in Reconciliation Between Jurisprudence And Modernity

After the advent of modernity and its spread in Islamic societies, challenges arose for Muslims. At first glance, these challenges indicated the conflict between modernity and religion in general and jurisprudence in particular. For this reason, some Muslims have strongly rejected modernity, calling it the destruction of religion. Some also have abandoned religion and solely followed modernity. The purpose of this article is to provide a way to resolve differences and reconciliation between jurisprudence and modernity so that Muslims can benefit from the achievements of modernity while maintaining the basic principles of religion. To achieve this goal, jurisprudential sources were examined and jurisprudential fatwas that conflicted with modern laws were extracted. The research method in this article is based on library resources and has been criticized descriptively and analytically. To clarify the issue, examples of jurisprudential fatwas have been proposed. It should be noted that these are not all fatwas and are just examples because the purpose of this article is to provide a solution to resolve the conflict or reduce the difference between jurisprudence and modernity. In some cases, the communities that have implemented the fatwa have also been mentioned. After examining the origin of these fatwas, it became clear that some of them were related to specific circumstances and specific times, and others conflicted with the basic principles of ethics. Therefore, the finding of this article is that there are two basic strategies to resolve or reduce this conflict; firstly, the jurisprudential fatwa should be adapted to the principles of Islamic ethics; and secondly, the historical context of the issuance of the fatwa should be considered. This leads us to the conclusion that some fatwas can only be implemented in certain circumstances and can be revised today due to the change in those circumstances. By applying these two strategies, it is possible to reconcile to a large extent between jurisprudence and that part of the achievements of modernity that are compatible with human rights and dignity.

Kepimpinan Non Muslim di Malaysia Menurut Perspektif Maqāṣid Al-Sharī'ah

Islam has provided a guiding principle regarding the involvement of non-Muslims in aspects of governance and administration. In Malaysia, this right has been recognized since independence which saw the involvement of non-Muslims in the executive administration such as ministers and key administrators at the federal and state levels. The relationship between Muslims and non-Muslims is one of the main themes that are often discussed in the Quran. However, the interpretation some of the verses seem to be done out of context has created confusion and misunderstanding in the society. The voting and appointment of non -Muslim candidates in several important government positions such as the Chief Justice, Attorney General of Malaysia and Federal Minister has sparked controversy in Malaysia. Thus, this study aims to analyze the concept of non-Muslim leadership in Malaysia according to the perspective of maqāṣid al-sharī’ah. The study was conducted qualitatively using the library method by analyzing the texts of the Qur’an and Hadith as well as the debates of Muslim scholars on the concept of nonMuslim leadership in an Islamic country. In addition, content analysis method was also conducted towards the provisions of the Federal Constitution and the report of the Department of Statistics Malaysia to examine the current application of non-Muslim leadership in Malaysia. Although the Federal Constitution has provided basic guidelines on the administration of the country, but some important criteria outlined by Islam need to be emphasized to preserve the sensitivity and harmony of the plural society in Malaysia, especially the Muslim community as the majority in this country.

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.

Konsep Kontrak Pintar Dan Potensinya Terhadap Transaksi Pembiayaan Berasaskan Tawarruq

A contract is an important concept to enable a transaction without jeopardizing the rights and security of the transaction’s parties. Its implementation varies either through traditional or modern methods. To date, the smart contract gains attention among industry players and academicians. It is a modern technological innovation that can execute a contract by utilizing a blockchain network. In particular, the researchers view that smart contracts can be adapted in products offering based on various Shariah contracts in Islamic banking institutions, such as financing products based on the tawarruq contract. Nevertheless, it requires detailed research in terms of concept and structure to measure its potential to integrate with Islamic banking operations. Therefore, this study will examine the smart contract concept as well as identify its advantages for Islamic banking institutions’ operations, particularly in tawarruqbased financing products. A qualitative approach based on library studies concerning relevant documents and literature are implemented to achieve these objectives. The collected data were then analyzed using descriptive content analysis methods. The results found that the smart contract is a contract innovation based on blockchain technology that can implement tawarruq-based financing products terms automatically, decentralized, and distributed manner. Thus, its thorough implementation can reduce the risk of faults in transactions and potentially ensure the transparency of transactions’ is well-preserved. However, further research on the risks associated with this technology, especially Shariah risks, needs to be clarified before being fully integrated into Islamic banking operations.

Pentadbiran Undang-Undang Harta Pusaka Mualaf Di Malaysia: Satu Sorotan Literatur

Inheritance is something that has material value left by a person after his death which is obtained during his life truly and becomes the perfect property during his life and is eternally owned by simati until he dies. In Malaysia, the distribution of Islamic inheritance is subject to faraid law, in which non-Muslims cannot inherit Muslim property. However, for the property of non-Muslims, there is a law that protects it, namely the Distribution (Amendment) Act 1997, Act 1004. This Act does not state that Muslims cannot inherit the inheritance of non-Muslims. The distribution is made to the heirs based on the kinship relationship and marriage regardless of religion. This means that Muslims also inherit the property of non-Muslims. The two main methods of distributing inheritance that is practiced in Malaysia are the distribution method according to Islamic law for the death of a Muslim and the distribution method according to civil law which affects the Act of Dispensing 1958 (Act 300) for the death of non-Muslims. Both mechanisms involve converts, either converts as the dead or as heirs. Those with the title of convert to Islam have their uniqueness in the distribution of inheritance which is different from the usual inheritance distribution mechanism. Due to these differences in distribution, this study was carried out to highlight the administration of inheritance laws involving converts to Islam in Malaysia. This study was conducted using a qualitative method by taking a literature review approach, also continuing the content analysis design. The results of the study highlights that have been carried out show that there have been many writings, ideas, and discussions regarding this case made by the reviewers. The results of the study found that there are procedures and provisions for laws in the settlement of inheritance involving heirs of converts if they are not Muslim, as well as if converts are heirs to the property of the dead who are not Muslim. Therefore, with an explanation of the administration of the law in this study, it can resolve errors to the public regarding the issue of inheritance and property inheritance involving converts in Malaysia.

Analisis Perbandingan Konsep Imkān Al-Ru’yah Antara Kitab Fatāwā Al-Subkī Oleh Taqī Al-Dīn Al-Subkī Dan Al-Fatāwā Al-Kubrā Oleh Ibn Taymiyyah

Taqī al-Dīn al-Subkī was a scholar proficient in the field of fiqh and usul al-fiqh while Ibn Taymiyyah was a leading Hanbali thinker. Among their works are Kitab Fatāwā al-Subkī and Kitab Fatawa al-Kubra. This study analyzes the comparison between the thoughts of Taqī al-Dīn al-Subkī and Ibn Taymiyyah on the concept of imkan al-ru’yah in determining the beginning of the month of hijrah. This is due to al-Subkī who accepted the concept of imkānalru’yah in the context of hisab as another method for the determination of the crescent moon, but which was rejected by Ibn Taymiyyah.This study adopts a qualitative approach and gathering of information is based on a content analysis of the two main books, namely Kitab Fatāwā al-Subkī and Kitab al-Fatāwā al-Kubrā. It is concluded that imkan al-rukyah had been discussed by both figures in their respective writings. Indeed, there is a clear difference in the acceptance of the concept of imkan al-rukyah.

Pandangan Fuqaha Mutaqaddimīn dan Muta’akhkhirīn Mengenai Isu Akad Nikah Secara Atas Talian

Marriage is considered a sacred contract that justify the relationship between a man and a woman. For that reason, the practice of it must abide by the predefined terms and regulations to ensure it is legal according to the Islamic law. Under normal circumstances, solemnization is done based on the defined procedures that obey the pillars of marriage, namely formal exchange of ījāb and qabūl, presence of two witnesses, the woman’s guardian, and both the groom and bride. However, along with the convenient technological advances, there are a few mechanisms used to tie the marriage knot online. The practice of tying the knot online has been used widely, specifically during the time of Covid-19 pandemic. Following this, the validity of online solemnization has become a topic discussed among the scholars. This article discusses the viewpoints of Islamic jurists (fuqaha’) including the mutaqaddimīn and muta’akhkhirīn regarding the validity of online solemnization. This qualitative research uses literature review and documentation as the method to collect all the data needed. The research found that some of the muta’akhkhirīn jurists necessitate online solemnization, given that the practice of it obey the defined terms, and some do not. While majority of mutaqaddimīn jurists, except for Ḥanafi jurists, show tendency in not allowing online solemnization.

Penulisan Penghakiman Menurut Perspektif Fiqh Al-Qaḍā’dan Aplikasi Mahkamah Syariah Di Malaysia

Islamic management strongly emphasizes the method of writing such as the writing of wills, debts, agreements and judgments. Judgment writing is an important aspect of the justice process. The writing of judgments is emphasized by the majority of fuqaha’ to ensure transparency in judicial proceedings. The purpose of writing this article to view at the approach outlined by Fiqh al-Qaḍā regarding the writing of judgments and applications of Syariah Courts in Malaysia based on the provisions of laws and the application of Practice Direction in Syariah Courts. The writing of this manuscript has revealed that Islamic scholars have outlined the concepts of al-Sijjilāt, al-Maḥaḍar and Kitāb al-Qaḍī ilā al-Qaḍī as a process of judicial writing. Notes of proceedings and records of cases in respect of judgments are kept for the purpose of appeal and execution of judgments. This matter is also applied in the Syariah Courts in Malaysia through the approach outlined by the laws and the practice directions of the Syariah Courts. The implementation of judgment writing by Syariah Judges in Malaysia has been transformed through the e-Bicara application of the e-Syariah system and it is in line with the Fiqh al-Qaḍā ’approach.

أثر التقنية في الحكم الشرعي للبتكوين في ضوء العلاقة بينها وبين سلسلة الثقة

Due to the rapid transformation of the digitization era, we witness the emergence of some products in conjunction with the transformation. Especially, from the financial perspective, Bitcoin is one of the most remarkable examples of digital cryptocurrencies based on blockchain. The research problem of this study revolves around the concept of blockchain and its impact on the Shariah ruling for Bitcoin. Thus, this study aims to analyze the relationship between blockchain and cryptocurrencies to address the impact of Shariah ruling in digital technologies. To obtain the objectives of this research, a descriptive and inductive analysis approach is adopted. The findings of the study show that blockchain technology is worthy of benefits while it has advantages as well as disadvantages that require to be resolved. The Shariah ruling of blockchain depends on its applications, and it (Shariah ruling) varies from case to case since it is a tool and open source for all. In addition, considering the strength of technology and its advantages does not suffice to consider that technology being permissible from the Shariah perspective.