Principles Of Fiqh Research Articles

Principles Regarding the Use of Haram (Forbidden) Sources in Food Processing: A Critical Islamic Analysis

Islam has prepared and outlined clear rules and regulations regarding all types of food, including food from haram sources (forbidden based on the Islamic religion) derived from animals and other bases. This article critically reflects on general Fiqh principles that have been debated by Islamic clerics and renowned experts on Islamic Fiqh regarding this thorny issue. Fiqh scholars, for instance, argue that the halal status of each and every food product could easily be determined by examining how that product was processed from the very beginning. In this sense, if the original source of the product is halal then the final processed product is also deemed halal. Contrarily, if the original source of the product is haram then the final processed product will be considered haram, if the source is dirty, illicit and/or unclean in the eyes of Islam. Even though the final processed product has changed so much in its basic constituents, this product will still be considered haram. Jurists from the Maliki and Hanafi, on the other hand, every item that is considered haram and unclean can be considered halal and fit for consumption or use in the eyes of Islam provided the original item has changed so much from its original make up. That said, jurists from all four sects seem to agree that any new products that can cause detriment and harm to human beings, either directly or otherwise, should be considered impure and haram for consumption and other indirect uses.

PERLINDUNGAN HUKUM DAN AKIBAT HUKUM ANAK DARI PERKAWINAN TIDAK TERCATAT (Studi di Pengadilan Agama Tulungagung)

Marriage which is not registered but conducted by some Muslims in Indonesia adopts the principles of fiqh which state that a marriage is valid if it meets the requirements of Islamic marriage. The status of children born from such kind of marriage gains the same recognition with a recorded marriage. However, in view of the state law, in the absence of his parents’ marriage certificate, birth certificate of a child’s biological father’s name is not listed and only listed the name of the mother who gave birth. The child, then, cannot perform civil law relationship with her biological father. The child only has a civil relationship with his mother and his mother’s family. The legal protection for children of unregistered marriage is possible through Ithbat nikah (marriage determination), the determination of the origin of child who through the religious court. After doing ithbat marriage the child can be registered as a legitimate through the religious court decisions. The determination of the origin of the child come up with some consequences: the child becomes legal, the onset of the rights and obligations between parent and child and vice versa, the incidence of inherited inheritance between parent and child, or vice versa, the barrier Nasabiyah in marriage, girls are entitled to a marriage guardian of a male parent, the child is entitled to custody of her parents. Kata kunci: Perlindungan Hukum Anak, Perkawinan tidak Tercatat, Pengadilan Agama

ابن جني و الأصول النحوية

يتناول البحث بالدراسة والتحليل جني والأصول النحوية بطريقة وصفية تحليلية تقوم على معرفة ما يتصل بحياة شخصية من ألمع الشخصيات العلمية وأقواها أثرا في تاريخ العلوم اللغوية عند العرب في القرن الرابع الهجري. ويعد ابن جني المؤسس الحقيقي لأصول النحو العربي؛ لأن محاولته الأولى في الكتابة في هذا المجال، وهو أول من فكر في ذلك وفي تنظيمها على شكل أصول الفقه. وتكلم عن أصول النحو: السماع والقياس والإجماع، فهو وإن لم يذكر استصحاب الحال صراحة؛ فقد أشار إليه في بعض أبواب كتابه(الخصائص). ومضى يعرف هذه الأصول النحوية؛ فكان له فضل السبق بما اختطه من خطة وما نهج من نهج. This study deals with “Ibn Jana and the origins of Grammar” through an analytic, descriptive approach that is based on the detection of the life of one of the most illustrious scientific figures who had the most powerful impact on the history of Arabic linguistics in the 4th century hg. Ibn Jana is recognized as the real founder of the origins of Arabic Grammar, and the one who had the first attempt to write in this field. He is considered as the first one who tried to organize and systematize the origins of Grammar parallel to the principles of fiqh. He also wrote about: Listening, measuring, and consensus. And even if the linguists did not mention that frankly, he did mention it in his book “The Properties”. He went on identifying the grammatical origins. Thus, he had the superiority and the merit of offering the language such on approach.

Revitalisasi Maqasid al-Shari’ah dalam Pengembangan Ekonomi Syariah di Indonesia (Studi Kasus atas Fatwa-fatwa DSN-MUI Tahun 2000-2006)

The author examines the concept of Maqasid al-Shari’ah that was used or revitalized as arguments for 53 legal opinions (fatwas) of Dewan Syariah Nasional (DSN) of the Indonesian Ulama Councils (MUI) issued during 2000-2006. Because the purpose of the Maqasid al-Shari’ah is for public interests (maslaha), the examination of the Maqasid al-Shari’ah was conducted by observing the application of fiqh principles in DSN-MUI fatwas, particularly those that related to maslaha. The study found that 50 of 53 fatwas of DSN-MUI included the fiqh principles in all judgments, despite of being equipped by basic Islamic reasoning principles such as Al-Quran, Hadis, Ijma’ and Qiyas. There are 11 possible fiqh principles for use in all fatwas, the minimum is one principle and the maximum is five principles. Overall, the fiqh principles were used 134 times. This means that the average use of the fiqh principles is 2.5 in every fatwa. The most used fiqh principle was the axiom stating that the basic legal principle for muamala is permissible as long as no proposition/law forbids it. The general principle is often used without other specific supporting principles. It should be noted that the DSN-MUI legal opinions tend to be permissive or liberal and less accurate (wijhat al-nazar), despite their validity.

Islam's adaptation to the West: on the deconstruction and reconstruction of religion

This article describes the process of the deconstruction and reconstruction of Islam in its transition from an Islamic to a Western culture, and does so from a hermeneutical perspective. In this process of reinterpretation of tradition ‘Western’ Muslims have a number of options: traditionalism, moderate orthodoxy, fundamentalism, radicalism and religious liberalism. On the basis of the process of change in orthodox Reformed churches in the last part of the twentieth century, I describe the process of change among Muslims who have to find a way in Western Europe. This process of reinterpretation in such a different context necessarily triggers off a discussion of the principles of fiqh and the right understanding of the Qur'an and hadith. In this discussion the ‘options’ mentioned arise. This hermeneutical analysis adds theological insights to processes of change and conflict that often are analysed only in terms of social-economic processes, and can help to understand the developments also from a theological perspective.

Sibawayhi

London and New York: I.B. Tauris and Oxford University Press India, inassociation with the Oxford Centre for Islamic Studies, 2004. 159 pages.In the “Foreword,” Michael Carter states that his book is aimed at the generalreader who is interested in the history of Arabic grammar and, in particular,in the achievement of Sibawayhi, the discipline’s architect and originator. This much-needed and long-awaited effort is a welcome addition to thefield of Arabic grammatical theory, for it contextualizes Sibawayhi’s grammaticalideas, as set forth in his Al-Kitab, by giving a short account of hisbackground and life (p. vii). The reader, whether advanced or novice, willappreciate how accessible the material has been made. To be sure, reducingSibawayhi’s complex and profound observations to 145 pages runs the riskof making it even harder to understand. But the author avoids such pitfallswith ease and grace. In fact, a knowledge of Arabic is not essential; but, asthe author says, “given the nature of the topic it will certainly be useful” (p.vii). All examples are transliterated and translated, and technical terms andbasic concepts are explained as often as possible.Despite the complex subject matter, Carter does a brilliant job describingthe Kitab’s place within the Arabo-Islamic system and the historical contextin which it was written. It is useful to spend some time on Sibawayhi’slife, even though little is actually known about it, and so chapter 1, “Sibawayhithe Person,” explores his importance through portraits in biographiesas well as from the contents of his own work. It has been convincinglyargued that the earliest form of Sibawayhi’s name (Amr ibn `Uthman Sibawayhi)is probably authentic (p. 9). That Sibawayhi was by origin a Persianwho ended up in Basra seems to be beyond contention, although neither thedate nor the place of his birth can be confirmed. All biographies agree thathe came to Basra to study religious law, either Hadith (traditions of theProphet) or basic principles of fiqh (jurisprudence), which were just beginningto take form. The details of his death are just as vague as those of hisbirth and personal history. Carter presents his readers with a short account ofthis problem, with which even the classical biographers had to wrestle (seepp. 15-16) ...