الأحكام العامة للصلح في الفقه الإسلامي والقانون الوضعي (دراسة مقارنة)

Although there is no independent discipline of Islamic environmental law, Islamic law is proclaimed as a source of the legal system in the constitutions of Muslim countries. Thus, we can find in Islamic law a theoretical and practical foundation for environmental law. All sources of Islamic law can be used for this purpose as they all have a potential ecological application. This chapter explores the sources of Islamic law in order to find avenues to Islamic environmental law. In this regard, it analyzes its potential sources and paradigms. Then according to results of these analysis general Islamic principles introduced with a comparative view over the globally accepted environmental law. These general principles can be used in those countries with Islamic jurisprudence as a reference to improve their environment conservation lawmaking.

Studying the complex systems within Islamic law reveals a profound commitment to societal organization and advancement, rooted in a religion that values order and progress. Early Islamic society embraced various mechanisms ‒from postal services to policing and traffic regulations‒ illustrating an early form of a traffic security system. This legislative framework predates many modern legal systems, reflecting an integration of universal, humane, and civilizational principles. Islamic jurisprudence, with its pragmatic understanding of traffic dynamics and individual responsibility for physical well-being and material assets, extends its scope to include guarantees and compensation for bodily harm or financial loss arising from traffic incidents. Central to this exploration is an examination of the defining elements of traffic security in Islamic jurisprudence. What defines the traffic security system in Islamic jurisprudence? Does it comprehensively cover all aspects of traffic? Can it be unequivocally asserted that Islamic law takes precedence in shaping this system? This research examines these questions by assessing the system’s historical development and the meticulous precision of its legal edicts, fully realized by the third century AH. It investigates pedestrian conduct and broader regulatory complications, drawing upon insights dispersed across classical texts. Integrating historical, inductive, descriptive, and analytical methodologies, the study offers a holistic understanding of Islamic traffic law, providing timeless insights pertinent to contemporary legal discourse. However, a key limitation of this study is its exclusive focus on Islamic law, without addressing or comparing the legal frameworks of other religious traditions.

Because Islamic law is not mentioned directly in the Qur'an and Hadith, interpretation and contextualization through ijtihad are often necessary. To achieve this, Islamic jurisprudence must be integrated with current conditions and societal demands. This must be done in accordance with maqasid al-syariah, namely the aim of overcoming legal problems faced by individuals (mukallaf). Sharia guarantees the welfare of every person and is adapted to their abilities. It is stated in a hadith in the hadith of the Prophet narrated by Bukhari which means: "Religion makes things easy, the religion that Allah loves is the true and easy religion" (HR. Bukhari from Abu Hurairah) shows that Islam emphasizes the importance of ease in fulfilling religious obligations. According to the principle of المشقه تجلب التيسير, which means that difficulty brings ease, Islamic law is flexible to deal with the difficulties people face in worship and transactions. The concept of المشقه تجلب التيسير in the application of Islamic family law is explained in this paper using qualitative descriptive methodology and literature review techniques. Sources for this research include the Al-Qur'an, Hadith, tafsir, fiqh literature, and Qawaidul Fiqiyyah. To see how this principle is applied, this paper conducts a case study on Islamic family law. The aim of Al-Masyaqqah Tajlibut Taysir is to alleviate difficulties in the application of Islamic family law so that people can fulfill their obligations without experiencing due difficulties. This study identified seven categories of hardship (masyaqqah) that require relief (rukhsah), such as travel, illness, compulsion, forgetfulness, ignorance, general hardship, and deprivation. These categories guide legal experts in issuing fatwas and legal decisions to accommodate individual needs while upholding Islamic principles. In conclusion, المشقه تجلب التيسير serves as a basic principle in Islamic jurisprudence, facilitating the harmonization of Sharia with individual circumstances and societal needs, particularly in family law matters such as marriage contracts. Its application underscores the adaptability and compassion inherent in the principles of Islamic law, which promote justice and well-being for all individuals.

This research aims to study the concept of legitimate defense and its legal framework in both Islamic criminal jurisprudence and Emirati legislation. Through a comparative analysis, it highlights the points of agreement and difference between the two systems and reveals the legal and religious foundations upon which this right rests as a justification for action. The study employs a descriptive-analytical approach, examining religious texts from the Holy Quran and the Sunnah (Prophetic traditions), analyzing the opinions of scholars from the four major schools of Islamic jurisprudence, and studying relevant legal texts in the UAE Federal Penal Code and Emirati judicial rulings. The research addresses the conditions for legitimate defense, its limits, and its impact on criminal and civil liability, while distinguishing it from similar legal systems such as the state of necessity. The study concluded that self-defense is an inherent right established in Islamic law, and in some cases, it even rises to the level of an obligation, particularly in cases of attacks on life and honor. The UAE legislator, however, has regulated it as a justification for self-defense, precisely defining its conditions and regulations. The findings also revealed a significant convergence between Islamic jurisprudence and UAE law regarding the essence of self-defense, especially concerning the conditions of necessity and proportionality, although some differences remain in the scope of its application and legal characterization. The study concluded with a set of recommendations emphasizing the importance of strengthening legal and jurisprudential awareness of the limits of self-defense and the necessity of developing legislative texts to achieve greater clarity and consistency with Islamic principles.

Sejarah Hukum Islam Nusantara Abad XIV–XIX M , by Ayang Utriza Yakin

The Almighty Allah had completed his religion, made the Islamic law for us that it includes principles and general rules which are suitable for application all time and place; it is the achieved happiness of mankind in all time. It is wide enough for each incident; the life is in permanent development and continuous, it means that its issues remain renewed; this is the statement of Allah Judgment, and discovering it in all these developments, so that the Islamic law remains the ruling of the acts of slaves of Allah. There is no doubt that people need someone who renews for them everything related to the affairs of their daily lives and treats their general problems from the jurisprudential side that is compatible with their daily lives. Therefore, there must be a number of jurists to be well-versed in Islamic jurisprudence, to go deeply into understanding Islamic religion texts and goals of Islam to able how inference provisions of Islamic Shari'ah which correspond to the developments of daily lives in order to keep up with the times and its developments, it is urgent in most areas of life and it is more urgent in the field of Islamic financial transactions or what is known as the Islamic economy as the development and renewal of the global financial and business market requires a group of renewed person s under Islamic financial jurisprudence to keep up with the rapid developments in this field, one of the famous renewed person s is Dr. Sami Hmoud. Keywords: Islamic Jurisprudence,Fiqh DOI : 10.7176/JPCR/46-04 Publication date: November 30 th 2019

This chapter focuses on bilateral contracts, which are one of the main types of contracts in Islamic law. In Islamic commercial jurisprudence, bilateral contracts are called ʿuqūd al-muʿāwaḍā. Moreover, bilateral contracts often reflect parallel, corresponding, and conforming promises made by the parties. The chapter enumerates the classification of bilateral contracts in Islamic commercial jurisprudence: general contracts of exchange (ʿuqūd al-muʿāwaḍāt); contracts of security (tawthīqāt); contracts of partnership (shirka); contracts of safe custody (wadīʿa); contracts relating to the utilization of usufruct (manfa ʿa); and ancillary contracts of services. It explains the bilateral contracts that involve sales-based contracts and other similar agreements in Islamic jurisprudence.

Islamic Criminal Jurisprudence on the Offence of Trafficking in Persons: An Interpretation of Fasad fil Arz and Hadd Offence

Islamic jurisprudence (fiqh) has a long history and has stagnated since the Middle Ages, whose impact is still being felt today. Various innovations have been braved enough to violate the boundaries of doctrine between schools of thought in Islamic judicial decisions in its development. It is this issue that Noel J. Coulson describes in Conflict and Tension in Islamic Jurisprudence. This article reviews the approach used by Noel J. Coulson to Islamic jurisprudence by asking two main questions. First, how are Noel J. Coulson’s approach and method in Islamic jurisprudence research? Second, how is Noel J. Coulson’s contribution to the development of Islamic law studies? The writer answered these two questions by using a bibliographic type of research. The author finds that Noel J. Coulson dissects the development of Islamic jurisprudence by using historical and sociological approaches. Noel J. Coulson argues that traditional fiqh (classical to the medieval era), contemporary fiqh and decisions in Islamic law courts constitute an actual legal entity. The author argues that Noel J. Coulson’s historical approach to Islamic law is still relevant so that Islamic law is not considered stagnant.

This study examines the role of Islamic law in addressing global warming, focusing on case studies from Indonesia and Western contexts. As emphasized by Indian scholar Mukherjee A, climate change has emerged as an escalating global threat driven primarily by human actions such as excessive fossil fuel consumption, deforestation for industrialization and urbanization, and rapid population growth. These activities accelerate global warming and permanently disrupt ecosystems, leading to significant human suffering. Within Islamic jurisprudence, the principle of Fiqh al-Bī’ah (Islamic environmental jurisprudence) provides both a moral and legal foundation for maintaining ecological balance. Classical Muslim scholars emphasize stewardship (khilāfah) and accountability (mas’ūliyyah) as ethical imperatives guiding human responsibility toward nature. In the contemporary context, Islamic law extends these principles through maqāṣid al-sharī‘ah, particularly the preservation of life (ḥifẓ al-nafs) and nature (ḥifẓ al-bi’ah), which demand sustainable and responsible engagement with the environment. This research employs a Systematic Literature Review (SLR) alongside an analysis of classical Islamic works, examining 578 scholarly papers to ensure comprehensive coverage. The Miles and Huberman framework, comprising data reduction, data display, and conclusion drawing, was applied to guide the data analysis. The findings reveal that Islamic law offers both normative and practical mechanisms for mitigating climate change: (1) strengthening Fiqh al-Bī’ah as a legal-ethical response, (2) promoting ecological citizenship within Society 5.0, (3) enforcing robust environmental regulations and local capacity building, and (4) integrating technological innovation with sustainable practices. The study concludes that Islamic law provides a holistic ethical and legal foundation for environmental stewardship, harmonizing traditional jurisprudence with modern sustainability initiatives to address global warming both globally and locally.

In Islamic jurisprudence and law, social justice is regarded as a fundamental and vital principle, with a significant emphasis on it in Islamic legislation and decrees. Imam Khomeini, as one of the great scholars and authorities in Islamic jurisprudence and law, has given special attention to the importance of social justice. Imam Khomeini's views on social justice include: The Primacy of Justice: Imam Khomeini emphasized the primacy of justice, introducing it as a fundamental and essential pillar in Islamic jurisprudence and law. Distribution of Resources: Imam Khomeini stressed the fair distribution of resources and wealth in society, highlighting the importance of this issue for maintaining social justice. Social Equality: Imam Khomeini promoted social equality and the observance of the rights of all individuals in society, considering this as one of the important Islamic principles. Combating Oppression and Inequality: Imam Khomeini emphasized the fight against all forms of oppression and social inequality, advocating for a just and equal society. Social justice in Islamic jurisprudence and law plays a crucial role in determining the rights and duties of individuals and the distribution of resources and wealth. Adhering to the principles of social justice strengthens public trust and solidifies society. Following the teachings of social justice contributes to the economic and social development and progress of society. Therefore, in Islamic jurisprudence and law, the role of social justice is highly critical, and emphasizing it as a fundamental principle is of great importance, which Imam Khomeini also followed for the structure and development of society. This study attempts to examine the role of social justice in jurisprudence and law with an emphasis on Imam Khomeini's views using a descriptive and explanatory method.

Non-Muslims competence in giving testimony; A study between Islamic jurisprudence and the Saudi Civil procedural Law. أهلیة غیر المسلمین فی تأدیة الشهادة: دراسة بین الفقه الإسلامی وقانون المرافعات السعودی

Arabic Language Courses for Students at the Faculty of Law UKM - Importance and Challenges

This study presents a limited comparative analysis of Indonesian criminal law and Islamic law regarding the death penalty for acts of terrorism. The objective is to critically examine how the death penalty is regulated for individuals convicted of terrorism under both Indonesian criminal law and Islamic law, aiming to identify their similarities, differences, and implications for law enforcement. This normative legal research employs a comparative approach by analyzing legal texts, sources of fiqh and judicial interpretations, scholarly journals, and statutory laws related to the application of the death penalty. The findings reveal that, under Indonesian criminal law, the imposition of the death penalty for terrorism is governed by Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. In Islamic jurisprudence, terrorism is not explicitly discussed in traditional fiqh texts; however, it is often analogized to the concept of jarimah hirabah due to their similar characteristics. This analogy provides the legal and moral basis for imposing the death penalty on individuals convicted of terrorism. Both Islamic criminal law and Indonesia’s secular legal system categorize terrorism as an extraordinary crime that poses a serious threat to human safety, thereby justifying the potential use of the death penalty. Nevertheless, the two systems differ in their definitions of the crime’s legal elements. Islamic criminal law does not require that the consequences of the act be widespread, nor does it emphasize the perpetrator’s motive. In contrast, Indonesian criminal law stipulates that terrorism must involve widespread consequences to qualify under the statute. In addressing terrorism, the Indonesian government must carefully balance preventive measures with law enforcement actions. The death penalty should be regarded as a measure of last resort, applied with the utmost caution to ensure full compliance with human rights principles.

The advancement of assisted reproductive technology (ART) has raised new challenges in Islamic jurisprudence, particularly concerning lineage (nasab) and inheritance rights. One of the most complex bioethical and legal issues is posthumous conception, where a child is conceived after the father death using stored sperm or embryos. Classical Islamic law recognizes lineage only within a valid marriage (al firasy), which terminates upon the husband death, thus, posthumous conception questions the legitimacy of paternal lineage and inheritance. This study analyzes the legal position of such children under Islamic jurisprudence using a normative comparative method. It examines primary Islamic legal sources the Quran, Hadith, classical juristic opinions, and contemporary fatwas from institutions such as the OIC Fiqh Academy and Dar al Ifta al Misriyyah through the lens of maqasid al syariah. The findings confirm that posthumously conceived children cannot be attributed paternally because the marital bond has legally ended. Consequently, they are not entitled to inheritance under faraidh since they were not alive at the father death. Nevertheless, based on principles of justice (adl) and protection of lineage and wealth (hifz al nasl wa al mal), such children deserve moral and financial protection through non-inheritance mechanisms such as hibah or wasiat wajibah. The study concludes that Islamic law must adapt to biomedical developments while maintaining its core principles of lineage clarity, social justice, and compassion. This reinterpretation within the framework of maqasid al syariah ensures that Islamic family law remains just, humane, and responsive to modern ethical challenges