Interpretation Of Islamic Law Research Articles

Harmonization or Conflict? The Case of LGBT in the Interpretation of Islamic Law and Social Norms

Amidst the waves of globalization and social change, issues pertaining to sexual identity and gender orientation, particularly those involving Lesbian, Gay, Bisexual, and Transgender (LGBT) individuals, have given rise to complex discourses within the realms of religion and society. This article explores the emerging differences of opinion surrounding LGBT, notably in Indonesia, where the Indonesian Ulama Council (MUI) rejects LGBT as a sexual deviation contrary to the teachings of Islam, while the Liberal Islamic Network (JIL) acknowledges the diversity of human sexual preferences. Concurrently, in the Western context, the LGBT movement has spurred demands for political recognition, healthcare protection, and roles within military and parliamentary institutions. Additionally, this article highlights the role of social media in reshaping societal perceptions of LGBT and its impact on existing stigmas. Within this framework, the Islamic view towards LGBT is examined, depicting the conflict between religious perspectives and societal norms. Nonetheless, Islam also offers tolerance within the context of worship. This research employs a qualitative analysis approach to scrutinize Islamic legal interpretations and diverse societal perspectives on the LGBT issue. The aim is to investigate the harmony or conflict between the Islamic viewpoint on LGBT and prevailing societal norms. By delving deeply into the two primary pillars that shape individuals' perspectives and behaviors—namely Islamic legal interpretations and societal norms—this article seeks to provide a broader insight into the dynamics of LGBT-related debates. Through an inclusive and scientific approach, this article aspires to identify emerging points of harmony and conflict, thereby offering valuable contributions to discussions on pluralism, tolerance, and human rights within the context of religion and society.

Preventing Violations of Religious and Social Norms: Judicial Interpretation of 'Urgent Reasons' in Marriage Dispensation at the Wonosari Religious Court, Indonesia

Early marriage in Indonesia has garnered attention from international forums, urging the eradication of this practice to safeguard children’s rights. Despite national regulations raising the minimum age of marriage to 19 for both males and females, this practice persists due to legal loopholes allowing marriage dispensations granted by the court. Utilizing a socio-legal approach, this article analyzes 14 verdicts from the Wonosari Religious Court in 2022. The authors find that religious judges employ juridical, theological, psychological, and sociological argumentations in approving marriage dispensations based on three reasons presented by applicants. Among these reasons, two are granted not based on ‘urgent reasons’ but rather on interpretations of Islamic law and prevailing social norms. In-depth interviews with four religious judges handling these cases reveal variations in interpreting ‘urgent reasons’ in the context of marriage dispensations. The authors argue that the interpretation of ‘urgent reasons’ should prioritize the best interests of the child rather than merely considering potential violations of religious and social norms. This study provides profound insights into the dynamics of legal interpretation in the marriage dispensation decision-making process.

Comparison Between Double Movement Theory and Nazariyyat Al-Hudud Theory on Polygamy Laws

The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory (nazariyyat al-?ud?d), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.

Politics and Islamic Laws in Indonesia (Case Study of Muslim Prayer Procedures During the Covid-19 Pandemic)

Scholars have analyzed the increasing implementation of Islamic laws in Indonesia after the 1998 reform. They have shown that traditional Islamic laws practiced in the past are being implemented again today, such as caning in Aceh, hijab for women in West Sumatra, and the obligation of Qur’anic literacy in South Sulawesi. Few scholars show otherwise about rational and accommodating laws in contemporary Islamic laws. By analyzing fatwas, circulars, and instructions issued by three prominent Islamic institutions in Indonesia regarding the procedures for praying during the Covid-19 pandemic, this article shows, as Jeremy Menchik (2014) pointed out, that Islamic laws are changeable and can be influenced by science and government and non-government institutions. The Muslim prayer procedures during the Covid-19 pandemic show that while Islamic authorities are still crucial in managing Muslim societies, their interpretation of Islamic laws is subject to change from time to time. The results of this study imply that Islamic institutions and government and non-government institutions can work together in managing contemporary Muslim societies utilizing progressive interpretations of sharia.
 Keywords: Politics, Islamic laws, Covid-19, Islam, Indonesia

INTERPRETASI HUKUM ISLAM DAN HUKUM POSITIF TERHADAP TINDAKAN POLIGAMI TIDAK TERCATAT: STUDI KASUS DI DESA MONTORNA PASONGSONGAN SUMENEP

Polygamy is a marriage which exceeds that of a wife, which in this study has a problem against the actions of polygamy was not recorded as well as polygamy is not healthy, where the study focused on the interpretation of Islamic law and positive law against the actions of polygamy such. The coming of the problems of the actions of polygamy in the Village Montorna District Pasongsongan Sumenep originated from the presence of one of the women (widowed) that simply give more attention to that among men in the village. Look at the state of social as well as the status of existing give a little gap as well as the chance of occurrence of polygamy, but the important points in the problems related to the act of polygamy is not recorded is a marriage performed outside the applicable provisions. Of the existing problems can be studied related to basic reasons and factors that the onset of action of polygamy as well as how interpretations of Islamic law and positive law against polygamy is not recorded. This research uses qualitative method with the approach of sociological empirical theoretical as well as primary data source and secondary methods of data collection through observation, interviews and descriptive analysis as a method of data analysis as well as the flow of thinking inductive. The results in this study show that the act of polygamy is not recorded because of the reasons and factors that describe the attitude of the offender are only limited to the desires of lust and selfishness, which the perpetrators never see the will of the welfare as well as the actors who lack understanding of the importance of registration of marriage.

OVERVIEW STRUGGLE FOR ISLAMIC EMIRATE OF AFGHANISTAN

Afghan history evident mostly, war and battles, ranging from civil wars to international forces, Taliban came in power after the withdrawal of soviet forces. Destruction of world trade center proved way for US lead international forces to root Taliban, who were seated in Afghanistan and pushed them out of power, in 2001 this defeat could not be proved to be ultimate. Taliban insurgency caused a number of national and international concern for--- of the Taliban must ruined the women education and participation in all the sphere of life A number of international organization and NGOs examined the pathetic situation of female education in the country, this study emphasis and accessed the efforts of changing scenarios of powers and government and the center and context of Taliban and warriors groups .on the basis of the available result of interviews taken by the different international bodies found its roots in al-Qaeda. On different occasion and different instances were adopted by the Taliban about the implementation and interpretation of Islamic law previously, girls schooling. The facts found different view pointed many Taliban commander was not only their because of their religious extremes approaches but the tribal condition and restriction, contributed to intensified the situation despite on the effort of USA and allies, Taliban adopted the strategy to participate to government physical presence in the state. Wherever they got power. They prolonged the agitation by adopted the gorilla war.it completed the international forces to lose the patience China had it’s over strategy aiming at constitutional its boarder in the wakhan, ultimately the Taliban announce the Islamic emirate of Afghanistan after leaving number of US forces. A large number of Afghanis seeking refuge in different countries. Taliban could not so far achieving the confidence of their people which will rise new challenge for establishment of a strong state and sound government, while the long duration of wars destroyed the infrastructure completely

Replacing Sharīʿa, Ṭarīqa and Ḥaqīqa with Fiqh, Akhlāq and Tawḥīd

Abstract Shaykh Muḥammad Bahārī (1265/1849–1325/1907), aside from being a Shīʿite cleric (mujtahid), was a scholar and follower of Sufism. He was a disciple of Mullā Ḥusayn-Qulī Hamadānī (1239/1824–1311/1894) in ʿirfān (gnosis) in the Shīʿī seminary. In his treatise on spiritual wayfaring, Tadhkirat al-muttaqīn, Bahārī represents a triad of jurisprudence (fiqh), ethics (akhlāq) and monotheism (tawhīd). In his terms, fiqh is an introduction to ʿamal (practice), practice is an introduction to the refinement of character (tahdhīb akhlāq), and akhlāq is an initial step to tawḥīd (the assertion of God’s unity). This paper examines the intersection of Shīʿī and Sufi spiritual movements within the Shīʿī seminary. It demonstrates that Bahārī sought to reframe mystical thought to present it as more acceptable to the Shīʿī seminary, which was characterized by rigid interpretations of Islamic law. This paper also studies the development of the Ẕahabiyya esoteric school within the Shīʿī seminary by tracing the Sufi chain of Bahārī and his masters.

Medina Gounass: Constructing Extra-National Space in a West African Borderland

AbstractThe historical autonomy of the religious community of Medina Gounass in Senegal represents an alternative geographic territory to that of colonial and postcolonial states. The borderland location of Medina Gounass allowed the town to detach itself from colonial and independent Senegal, creating parallel governmental structures and imposing a particular interpretation of Islamic law. While in certain facets this autonomy was limited, the community was able to distance itself through immigration, cross-border religious ties, and smuggling. Glovsky’s analysis of the history of Medina Gounass offers a case study for the multiplicity of geographical and territorial entities in colonial and postcolonial Africa.

Društveno pravni položaj vakufa u prostoru Republike Sjeverna Makedonija od osnivanja do danas

Waqf is an Islamic institution that has its foundations in Islamic legal sources: the Qur'an and the Sunnah. The norms on which waqf rests are established through the process of creation and interpretation of Islamic law by relevant Muslim jurists who set the waqf standards. Waqf played an invaluable role in the development of Muslim society and economy in the territory of the Republic of North Macedonia. In many historical periods, when different state systems in this region were in crisis, the Waqfis took the initiative and supplemented the weaknesses and weakness of the state. This was evident in the fields of religion, education, culture, health, social, economic affairs, etc. It is well known that, under repressive measures in past sociopolitical systems, the Waqf property was confiscated, nationalized and destroyed in various ways. During the reign of the Austro-Hungarian Monarchy, the Kingdom of the SKS, the Yugoslav Kingdom and the former Socialist Federal Republic of Yugoslavia, over 95% of vacant property was confiscated, nationalized and destroyed in various ways. Throughout history, the waqf has been in the service of Muslims, always maintaining their basic charity and human purpose, their return, on the one hand, will strengthen the context of the rule of law, while on the other, it will promote the positive development of the religious educational and cultural processes of the Islamic community, and will at the service of the population and society. The maximum commitment of the Islamsle community administration in the context of reclaiming waqf property is a good example of both legal and social commitment to alleviate the injustice done to this institution in the previous system.

Penalaran Hukum Islam: Upaya Mensinergikan Al-Aslu dan Al-Far’u

Perbedaan pemahaman mengenai hukum Islam menjadikan umat Islam terkotak-kotak. Ada yang mengimplementasikan pemahamannya dalam bentuk yang kaku, bahkan radikal. Ada pula yang mengaplikasikan pandangannya dalam bentuk yang bebas, bahkan liberal. Namun, yang menonjol ada yang meneguhkan pandangannya dalam bentuk yang moderat. Dinamisasi pemahaman dalam menafsirkan teks agama mengakibatkan ketiga pengelompokan pandangan ini selalu ada di setiap waktu, tempat, situasi dan kondisi apapun. jika ditelusuri secara kritis, sebenarnya berasal dari pehamaman yang kurang proporsional dari mereka sendiri. Mereka, pada umumnya, tidak bisa memilih mana persoalan yang masuk dalam ruang al-as}lu (pokok) atau dalam ungkapan lain dikenal dengan as}-s}awa>bit (sesuatu yang tetap, kontinyu dan tidak berubah) dan mana persoalan yang masuk dalam ruang al-far’u (cabang) atau dalam ungkapan lain dikenal dengan al-mutaghayyira>t (sesuatu yang dapat berubah). Kedua ruang ini menjadi syarat mutlak dipahami oleh para penafsir hukum Islam dalam melakukan istinba>t hukum secara bertanggungjawab. Dengan prinsip ini, dalam berbagai kasus, umat Islam dapat memilih dan memilah, mana yang kemudian perlu diperbaharui demi kemaslahatan yang lebih menyeluruh dan mana yang tidak perlu diperbahurui sebagai ketetapan syariat.

Authorized Interpreters of Islamic Law The Shhha View

The question of who is authorized to interpret Islamic law is a difficult one due to the plurality of different schools of Islamic jurisprudence, each of which allocates the authority very differently. Yet, any dialogue in matters of Islamic law requires the correct interlocutors to be identified. This topic is as under-researched in Western legal and security-policy studies as it is important. This study attempts to identify the correct interlocutors in legal matters under Twelver Shīʽism, which is the state religion in Iran. In terms of its legal history, such authority has developed into a hierarchical, yet pluralistic system of legal authority since the end of the 18th century, with the victory of the so-called Ușūlī school of jurisprudence and the emergence of grand jurists (marājiʽ-i taqlīd). The process of designating absolute authority continues informally, but a key prerogative is superior knowledge of Islamic law and religion. Such grand jurists have, at times, exercised great influence over the ruling Shāhs. Other times, they have preferred to remain teachers in religious schools. An important change took place with the 1979 Islamic Revolution, through which the guardianship of the jurist (vilāyat-i faqīh) was crystallized in the Iranian constitution. Since then, grand jurists have had to accommodate another religious and political authority, the guardian jurist or supreme leader (valī-yi faqīh). To date, the division of authority between the guardian jurist and grand jurists remains unresolved. The future will depend on the strength of the requirements developed by the Ușūlī school regarding superiority in learning for any attribution of authority.

Gerakan Salafiyah: Islam, Politik dan Rigiditas Interpretasi Hukum Islam

Salafiyah lately has become the scourge of modern states because the banality of their interpretation of Islamic law is considered rigid and not in line with the global world that is increasingly plural. This article attempts to discuss the various variants of salafism and the purpose behind its militant movement. The fundamental question in this article is about the purpose behind a non-compromising understanding of other understandings that are different from the Salafiyah. This article first describes some variant of Salafism, namely: al-Salafiyah al-Tārīkhiyah, al-Salafiyah al-Wahābiyah, al-Salafiyah al-Ishlāhiyah, al-Salafiyah al-Ta’sīliyah dan al-Salafiyah al-Jihādīyah al-Takfīriyah , and then analyze what the similarity of theological traits of these variant. This study confirms that Salafism is a doctrinal social movement that has political efforts to establish Islam by rejecting the differences that exist. The results of this study indicate that the Salafi initially is group that calls on Muslims to return to the original sources of the Qur'an and the Hadith leads to the resurrection of a new Islamic civilization against the Western world power hegemony (especially the United States), it becomes a group which is face to face with the Muslims themselves. In addition, a rigid interpretation of Islamic law has meaning to build political strength to slowly unify differences that do not correspond with the values of salafiyah. K eywords : Variant of Salayifah , siy ā sah isl ā miyah , interpretation of Islamic law.

Dynamics of Sectarian Violence in Pakistan: Recommendations to the Policy Makers

Sunni and Shia are the major sects living in Pakistan. Both the sects lived peacefully for decades. For centuries, it was a common tradition to pray at the same mosques and to intermarry. Both the sects shared faith on the concept of monotheism and the finality of last prophet Muhammad (P.B.U.H). They have diverse views on the interpretation of Islamic laws. But since last three decades Pakistan is under the serious threat of sectarian cruelty. The most regrettable aspect of the hostility is that both the sects are claiming that they are serving the religion. The killing of innocent peoples is in their view is to serve the religion. The extremist and radical tendencies portray the religion of peace into the religion of violence.

Women and jihadism: Between the battlefield and the home-front

abstractThis briefing offers preliminary reflections and insights into global jihadi discourses on women’s role as militant activists. It references primary source writings and audiovisual materials produced by jihadi groups and ideologues. The briefing will provide an overview of global jihadi discourses on Muslim women’s role as militant activists, firstly highlighting some of the more important contributions concerning women produced by jihadi ideologues, secondly, examining the place of the Muslim woman in jihadi media, and thirdly, comparing Sunni jihadi discourses on women with transnational Shi'i jihadi discourses. The tensions between the need to recruit women into the frontline and the importance of Muslim women’s traditional role on the home-front create competing discourses. This analysis opens possibilities for further research, and for feminist reflection on the operations of gendered forms of agency in the intersections of militancy and conservative neo-traditional interpretations of Islamic law.

Why ISIS's Message Resonates: Leveraging Islam, Sociopolitical Catalysts, and Adaptive Messaging

ABSTRACTHow does the Islamic State in Iraq and Syria (ISIS) leverage Islamic Law to support their strategic objectives? Islam, as most religions, is a defining catalyst of group identity. ISIS has capitalized on this, using it as a vehicle to legitimize its interpretation of Islamic Law. This study builds on Social Movement Theory to develop and test a conceptual framework of ISIS messaging strategies. This framework highlights the progression of the organization's message from mainstream Islamic Law to radical unified reinterpretation. ISIS leaders' speeches are used to test the model. Ultimately, study findings inform countermessaging strategies and identify mobilization mechanisms.

Contractual Stipulations in Muslim Marriage Contract with reference to Classic Islamic Law and the Case Study of USA

This work explains the status of contractual stipulations in a marriage contract. According to majority of Jurists (Jamhur) stipulations in marriage contract are valid or invalid. Valid conditions are those which are permissible, in conformity with the requisite of the contract and strengthen its purpose whereas invalid conditions are those which are repugnant to the teachings of Shariah. Another category of stipulations is that benefits the women and is neither prohibited nor expressly permissible in Shariah. On the contrary, Hanbali school of thought allows insertion of any extrinsic condition in marriage contract. In this context, this paper attempts to locate the role and status of stipulations in marriage contract especially considering those stipulations which are beneficial to women. This work discusses classical Islamic law as expounded by the Muslim jurists; explains which stipulations are inserted in marriage contract; describes insertion of stipulations and explores the role of husband and wife within the bond of marriage contract. It concludes that under classical Islamic law conditions are either valid or invalid. However, conditions that benefit women or go against the purpose of marriage contract or empower women (only) are also prohibited by keeping in view and analyzing the teaching of Shariah as expounded by Muslim Jurists. Further, it states that in United states of America (USA) activists strive hard for empowering women by way of drafting new marriage contract or inserting new stipulations (i.e of their own choice) favoring women, which is, in fact, concealed weapon for weakening matrimonial bond and family values and against the true meaning, spirit and interpretation of Islamic law rather empowerment of women.

Whose Authority? Contesting and Negotiating the Idea of a Legitimate Interpretation of Islamic Law in Indonesia

AbstractThis article examines the history of the evolution of Islamic legal authority in Indonesia and provides an account of how it is contested and negotiated in contemporary Indonesia, using the history of family law reform as an example. There is a plurality of sources of authority for Islamic law as they operate within the domain of family law. The case studies reveal tensions between continuity and change in the development of Islamic legal principles and the strategies that different actors employ to advance their preferred version of Islamic legal norms: while the state has adopted a synthetic approach in order to accommodate these multiple legal authorities and increase the efficacy of its own statutes, theulamapersistently insist on the authority offiqhas the immutable point of reference in resolving legal problems faced by Muslims. These conflicts ensure that the statutes will continue facing challenges as a legitimate interpretation of Islamic law in Indonesia.

“Interpretation of Islamic Law and the Muslims of America”

The Muslim WorldVolume 104, Issue 4 p. 442-450 Muslim Article “Interpretation of Islamic Law and the Muslims of America” Muzammil H. Siddiqi, Muzammil H. Siddiqi Chairman the Fiqh Council of North AmericaSearch for more papers by this author Muzammil H. Siddiqi, Muzammil H. Siddiqi Chairman the Fiqh Council of North AmericaSearch for more papers by this author First published: 16 September 2014 https://doi.org/10.1111/muwo.12071Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat Volume104, Issue4Special Issue: Judaism and Islam in America. Edited by Prof. Zainab Alwani, Howard University Divinity School, Muslim articles editor and Prof. Burton L. Visotzky, Jewish Theological Seminary, Jewish articles editorOctober 2014Pages 442-450 RelatedInformation

The Taliban, religious revival and innovation in Afghan nationalism

Policy analysts and academics have portrayed the Taliban as a religious revival campaign and a part of a larger Islamic counteroffensive against the West. The Taliban themselves concur, adding that they are the true guardians of Afghan national identity. If so, why did the Taliban defy long-established facets of Afghan customary law and introduce a different interpretation of Islamic law, thus countering the status quo ante? This article will examine the Taliban movement and ask how we should assess nationalist movements' claims of antiquity.

Judging in God's Name: State Power, Secularism, and the Politics of Islamic law in Malaysia

Malaysia ranks sixth out of 175 countries worldwide in the degree of state regulation of religion. The Malaysian state enforces myriad rules and regulations in the name of Islam and claims a monopoly on the interpretation of Islamic law. However, this should not be understood as the implementation of an ‘Islamic’ system of governance or the realization of an ‘Islamic state’. Rather, the Malaysian case provides a textbook example of how government efforts to monopolize Islamic law necessarily subvert core epistemological principles in the Islamic legal tradition. As such, Malaysia provides an important opportunity to rethink the relationship between the state, secularism and the politics of Islamic law.