AL–GHAZĀLĪ: MENDAMAIKAN SYARĪ’AH DAN TASAWWUF

al-Ghazzali, the outstanding Islamic thinker and great Sufi of the 11^(th)-12^(th) century, has been regarded as a perfect example of embodying inward transformation through religious action with piety and humility. Being an authority on theology and law of Islam, al-Ghazzali not only possessed profound knowledge and thought, but also practiced Sufi ethics. After experiencing a serious spiritual crisis, he gave up all his possessions and position to follow the Sufi path for salvation and survival. In this essay the theory of ＂contemplative psychology＂ by Han F. de Wit is adopted to analyze and interpret al-Ghazzali's spiritual transformation. In his theory, de Wit presents the connection between contemplative traditions of religions and belief of the individual. Among those concepts stated by de Wit in his theory, the notions of conversion, moments, break, crisis, doubt, change, and renunciation are exploited to the case of al-Ghazzali's spiritual transformation from an ordinary theologian to a Sufi.

This research deals with the subject of Hermaphrodite and its provisions in the personal status, where in the first requirement of the concept of the Hermaphrodite between Islamic jurisprudence and Doctors, and found that there was a large consensus between the concept of the Hermaphrodite in the doctrine and its significance in medicine scientists, where they agreed that the collection between the reproductive tract of humankind. In the second requirement displays the search of the types of Hermaphrodite and the existence of an agreement between the Islamic Jurisprudence and the medicine scientists as a hermaphrodite two types: True hermaphroditism and Pseudo-hermaphroditism. A third requirement was to determine the gender of the Hermaphrodite where Islamic Jurisprudence adopted the external signs in determining sex, while the doctors relied on the clinical and laboratory testing, the external signs may be incompatible with the phenomenon as a result of the tests, so the reliance on virtual signs of Islamic Jurisprudence is not enough. The search then discussed issues related of personal status, where marriage is not allowed to Hermaphrodite until it becomes clear, also prevents the Khalwa. Hermaphrodite Legacy inherits the inheritance of the female and stops the rest of the heirs.

Background and Aim: Although hypnosis is a controversial issue, but most of doctors and psychologists consider it an effective and powerful therapy for a wide range of conditions, such as personality disorders, anxiety and pain. The present study analyzes the legitimacy of hypnosis based on Islamic jurisprudence and four principles of bioethics. Materials and Methods: In this analytical study, the published texts and related articles were purposefully searched and reviewed, and then the jurisprudential reasons about hypnosis as an emerging issue, and its legitimacy based on Islamic jurisprudence and consistency with four principles of bioethics were discussed and analyzed. Findings: There are three jurisprudential views on hypnosis and its utilization. For some jurisprudents, hypnosis is classified as magic, which is forbidden to do so. Some other jurisprudents have allowed the use of hypnosis, if necessary. There is a third view that it is considered as an emerging issue, and a legal and ethical rule must be elicit about it. The principle of respect for autonomy about hypnosis are essentially in conflict with what is in Shari'a but in the three other principles of bioethics, namely, beneficence, non-maleficence and justice, these principles are consistent with what has been enshrined in the Shari'a. Conclusion: Given the emergence of the issue of hypnosis, it can be concluded that, based on the rule of no-harm in Islamic jurisprudence and bioethics, the use of hypnosis in medicine is permitted, if necessary. Please cite this article as: Asadi Vanani SR, Mohseni Dehkalani M, Ebrahimi S, Soltani A. The Legitimacy of Hypnosis and its Consistency with Principles of Bioethics. Bioethics Journal 2018; 8(30): 107-117.

The method used in this research is adjusted to the stage of the research. At the data collection stage using descriptive methods. At the script transfer stage using the transfer method and the language transfer stage uses the language transfer method. There are 3 results of this study, namely (a) present the description of the script Kitab Tauhid dan Tasawuf (b) present the transfer of text Kitab Tauhid dan Tasawuf (c) present the transfer of the language of the text Kitab Tauhid dan Tasawuf adjusted to EBI. This text is that which contains the values in the Islamic religion. At the beginning of the text of the manuscript contains about monotheism that God is one. In this text also describes the attributes of God that are not owned by other creatures. Besides that in this text there is also a pillar of prayer that is true according to the teachings of Islam.

The main theme of this article arises from a critical reflection on Rudolf Otto's discourse of God as the ”wholly Other.” Otto's idea, instead of developing a theoretical framework of bridging the gap between the Western and Eastern religions, illuminates the uniqueness of the Abrahamic monotheism. It requires a more dialectical way of thinking to develop such a comparative framework. This reflection leads the author to investigate the Chinese Muslim tradition in order to open another possibility to compare between the Western and Eastern ideas of divinity. Liu Zhi (1660?-1730?), the most prolific Chinese Muslim scholar in the Ming-Qing era, is an unprecedented cross-traditional thinker. His works provide the rich sources to search for the new ground of both the study of comparative religion and inter-faith dialogue. The first section quotes from the Qur‘ān to illustrate Otto's ”wholly Other” and to base Liu Zhi's philosophy upon the Islamic tradition; the second describes Liu's life and intellectual background, in which the Jingtang education and Sufism are emphasized; the third elaborates the ”True One” in Liu's Tianfang Xingli (The Islamic Philosophy of Nature and Principle) and traces the two views of divinity in Liu's work, dualism and holism, toward the two intellectual traditions of Islam, Sunni theology and Sufi mysticism; the latter plays a significant role for Liu to develop a theoretical framework of comparing Islam and the three Chinese teachings; the last discusses the metaphysical implication of prophethood in Tianfang Xingli and how the Prophet Muhammad owns the ”Ultimate Sainthood” which stands at the intermediate position between the sacred and the secular, the Creator and the created world, and would be the perfect model for humankind to achieve redemption.

Apostasy, the major issues affecting the Islamic law and jurisprudence is considered apostasy, will be divided into two kinds of national and natural and innate apostate is someone who, at the time of his conception, his parents or one of two are Muslim, and Islam is expressed during puberty, and thence out of Islam. In another part of the research, apostasy Conditions including maturity, wisdom, power, knowledge, content and intent of the word is mentioned. Well as punish the apostate repents role in the innate and examined, and at the end of feedback, and specific results are obtained.

The development of paradigm of modern scientific has a significant impact on the development of jurisprudence. A case in point is the influence of postmodernism which has led to a thought that law is no longer deemed as merely a social reality; instead, law is also a metaphysical reality. The shift of jurisprudence paradigm from positivism to postmodernism is considered in line with Islamic thoughts on jurisprudence. This is because: first, Islamic jurisprudence requires the combination of mind and heart; second, the shortcoming of bayani , `irfani and burhani epistemology necessitates a par excellence epistemology i.e. their combination; third, religious morality plays an important role in forming a social order.

This research was conducted in Madrasah Aliyah Muhammadiyah 1 Medan and aimed to know: 1) Exemplary behaviour of Islamic studies teachers in Madrasah Aliyah Muhammadiyah 1 Medan. 2) Exemplary behaviour of Islamic studies teachers in fostering students’ discipline in Madrasah Aliyah Muhammadiyah 1 Medan. 3) Exemplary behaviour of Islamic studies teachers in developing students’ interest for studying in Madrasah Aliyah Muhammadiyah 1 Medan. 4) Students’ views and opinions about the exemplary behaviour of the Islamic studies teachers in Madrasah Aliyah Muhammadiyah 1 Medan. This research was qualitative research. Qualitative methods were used because the problem was not clear, dynamic, and full of meaning so it was impossible to obtain and process the data on that social situation by applying quantitative research methods. Subjects in this study were four teachers of Islamic studies i.e. Qur’an Hadith (Al-quran Hadits), Islamic Faith and Moral (Akidah Akhlak), Islamic Jurisprudence (Fiqh), and History of Islam (Sejarah Kebudayaan Islam). Results of the study indicated that exemplary behaviour of teachers as parents in madrasah was very influential in leading the students to be a faithful, moral and educated generation. Islamic studies teachers already have the attitude of manners, discipline, achievement and the values of devotion to Allah. Furthermore, the teachers of Islamic studies in Madrasah Aliyah Muhammadiyah 1 Medan also have many good characters such as patient, authoritative, friendly, hard-working and responsible. Teachers’ efforts in Madrasah Aliyah Muhammadiyah 1 Medan in creating students’ interest in studying and discipline were begun from the teachers themselves as role models for students whom they show their patience and sincerety in teaching to.

Four ethical principles with a shared application in bioethics are obtained from the convergence of thinkers in different social and global fields which are formed based on humanism originating from western culture. Although secular bioethics considers principles that can be extended worldwide and are related to all people and all ethical principles as a criterion to discuss ethical problems and present decision making models in the field of bioethics issues, it differs basically from various ethical schools of thought and cultures in terms of comparison and adaptation. These points of difference are more understandable in Abrahamian schools and religions specially Islam. This paper examines four bioethical principles in the Islamic law and jurisprudence and considering the clarity of its dimensions in the western cultures, the authors merely focus on the study of the subject from the point of view of the Islamic law and jurisprudence.

Makhdoom Muhammad Hashim Thattvi was a great scholar of the seventeenth century belonging to the Thatta city of Sindh. Thatta was the capital of Sindh at that time and was famous for its abundance of high quality Islamic institutions which produced great scholars. He wrote one hundred and sixty books in Arabic, Persian and Sindhi on all disciplines of Islamic sciences such as Quranic Exegesis, Prophetic Traditions, Islamic Jurisprudence, Arabic literature, and Islamic History etc. However, unfortunately many of his books have vanished and most of those which have survived down to us are in handwritten form. Bayaz-e-Hashmi is the most comprehensive of all his books and is probably the last one as well. It is on the subject of Fatawa. Due to it being in handwritten form, people are unaware of its existence and cannot benefit from it. Through this article we have tried to introduce this hidden scholarly work of Makhdoom Muhammad Hashim Thattvi to the academic world to provide some opportunity for publication so that it becomes available for researchers and scholars to benefit from. DOI: 10.6084/m9.figshare.4479497 Link: https://dx.doi.org/10.6084/m9.figshare.4479497.v4

The presence of Muslim communities in non-Muslim polities is not a modern phenomenon. Since the first century of Islam, corresponding to the seventh century A.D., Muslims traveled, immigrated, and settled beyond their heartland. They have lived in Spain, Sicily, the Balkans, India, China, Brazil, South Africa, and more recently in Western Europe and America. This long interaction with the non-Muslim world has had its impact on Islamic theology, jurisprudence, and philosophy. The case of Andalusia, for example, is significant, where Muslim scholars developed jurisprudential and philosophical orientations that were largely a result of their interaction with the indigenous civilization.1

یکی از مباحث مدنظر علمای علم اصول، «أولویت دفع مفسده نسبت به جلب مصلحت» و ترجیح جانب نهی است که به‌صورت موجبۀ جزئیه پذیرفته شده است؛ أولویت مذکور به‌مثابه یک قاعده در بین فقها با نام «دفع المفسدة أولی من جلب المنفعة» شهرت یافته که در مسمای آن «مفسده» با «مصلحت» یا «منفعت» تقابل یافته است. در مجموع در أولویت مذکور چهار قرائت را می‌توان مورد سنجش قرار داد که قرائت چهارم یعنی تقابل «منفعت» و «مفسده»، صلاحیت قاعده‌مندی را داراست، هرچند که فقها آن‌را مورد لحاظ قرار نداده‌اند. همچنین به زعم نگارنده قرائت اول از این أولویت نیز که مستفاد از حکم عقل است، قابلیت ضابطه‌مند شدن با چهار مؤلفه نوع تکلیف، نوع واجب، کمیت و کیفیت احتمال را داراست.

Ali Asani, professor of Indo-Muslim and Islamic religion and cultures at Harvard University, gave a fascinating talk entitled, From Qawwali to Sufi Rock: Exploring Contemporary Expressions of Muslim Devotional Literatureon Friday, February 11 in the Meyerson Conference Room at the University of Texas at Austin. Hindi Urdu Flagship students joined UT faculty and graduate students to hear Asani describe the modern Sufi rock phenomenon epitomized by Salman Ahmad and his band Junoon. Asani outlined Ahmad’s personal musical, religious, and political journey and attempted to place Sufi rock in the broader tradition of Muslim devotional literature. A native of Kenya, Asani received both his undergraduate degree summa cum laude in the comparative study of religion and his Ph.D. in Near Eastern languages and civilizations from Harvard University. He currently directs the university’s Ph.D. program in Indo-Muslim Culture and chairs the department of Near Eastern Languages and Civilizations. He also serves as the associate director of the Prince Alwaleed bin Talal Islamic Studies Program. A scholar of Islam in South Asia, Dr. Asani’s research focuses on Shia and Sufi devotional traditions in the region. In addition, he is interested in popular or folk forms of Muslim devotional life, and Muslim communities in the West. His books include The Bujh Niranjan: An Ismaili Mystical Poem; The Harvard Collection of Ismaili Literature in Indic Literatures: A Descriptive Catalog and Finding Aid; Celebrating Muhammad: Images of the Prophet in Muslim Devotional Poetry (co-author); Al-Ummah: A Handbook for an Identity Development Program for North American Muslim Youth; Ecstasy and Enlightenment: The Ismaili Devotional Literatures of South Asia;Let’s Study Urdu: An Introduction to the Urdu Script and Let’s Study Urdu: An Introductory Course. Dr. Asani has been particularly active post-Sept. 11 in improving the understanding of Islam and its role in Muslim societies by conducting workshops for high school and college educators as well as making presentations at various public forums. More recently, he has been involved in the Islamic Cultural Studies Initiative, an international professional development program for high school teachers in Kenya, Pakistan and Texas intended to promote a culturally and historically based approach to the study of Islam and Muslim societies. He has also served on the American Academy of Religion’s Task Force on the teaching of religion in schools. In 2002, he was awarded the Harvard Foundation medal for his outstanding contributions to improving intercultural and race relations at Harvard and in the nation.

D y n a m i c s of Sufism thought in Indonesia (study on Sufism figure) is an article that describes the history of Sufism thought since the beginning and the way to Indonesia, which is essentially a Sufi (a person who follow Sufism thought) is a figure in his day (Ibn Waqtihi). It shows that from the beginning, Sufism teaches about Ihsan in which all of every person’s activities are observed by God, so that they will do it well and willingly. When life turns out, they see things that are not in accordance with the teachings of Islam, then the people who feel responsible for the implementation of Islamic teachings, with full seriousness he tried to explain about the wisdom teachings of Islam wisely. One of Sufism figures in Indonesia, KH. Ahmad Siddiq, a Sufi who initiated the Three Ukhuwah (brotherhood), the first: Muslim brotherhood (among Muslims fellow), second: Wathaniyah brotherhood (among Indonesian citizens fellow) and third: Basyariah / insaniyah brotherhood (among people throughout the world). While the other figure, KH. Habib Muhammad Lutfi bin Yahya, Chairman of JATMAN (Jam'iyah Ahlit Thoriqoh al-Mu'tabaroh an- Nahdliyah), which is due to his effort, the disagreements that led to the Tahkiem between one thariqah with others could be minimized. This is evidenced by an Order of the management system in some area that consists of diverse members of the thariqah members. And the most important is to filter the various thought that exist in campus, so be established MATAN (Student's Members of Thariqah an-Nahdliyah). On the basis of his successful, then Habib Lutfi re-elected for the third time as the Chairman of JATMAN.

Background and Aim: Technology transfer is a process used to benefit from the scientific experiences of countries in development. The purpose of this study was to investigate the legitimacy of the lease contract in the process of technology transfer from the perspective of Islamic ethics. Materials and Methods: This qualitative study was conducted using an analytical approach and using published texts, books and articles. After examining the legitimacy of the lease contract in the technology transfer process, its alignment with Islamic ethics was examined and analyzed. Findings: The contract of hiring of individuals enjoys legal and Jurisprudence validity and legitimacy in Iranian and Islamic law. Legally, in the process of technology transfer, companies and foreign countries are recognized by the technology owner and its transferee as contractors who in the process of transfer do not own any of the manufacturing sectors and receive only wages for their activities, services and consultants. Economically, these causes benefit from both the benefits of technology and the protection of its ownership. Conclusion: From the point of view of Islamic ethics, the lease agreement has considerable legitimacy for the technology transfer process, which demonstrates the compatibility of the law with Islamic jurisprudence and ethics; it can be a guarantee for the development of the country in the light of technology transfer. Please cite this article as: Shafee H, Vaziri M. The Legitimacy of the Contract of Hiring of Individuals in the Process of Technology Transfer and its Alignment with Islamic Ethics. Bioethics Journal 2019; 9(32): 61-72.