Islamic Jurists Research Articles

Veil (Niqâb) Problematics in Islamic Law Perspective; Religion or Culture? (Islamic Legal Approach)

The phenomenon of wearing veil (niqâb) by Muslim women in Indonesia leads to negative perspectives frequently by the majority. Recently, mass media has also highlighted polemics related to the prohibition of wearing the veil in certain institutions and events repeatedly. This study aims to reveal the position of wearing niqab in the perspective of Islamic law, whether it is a part of religious dogma that must be maintained, or is it just a certain community’s culture that is not an obligation for every Muslim. A legal approach in Islamic studies related to the veil phenomenon is needed to reveal the status of wearing a veil. This kind of research is library research using descriptive qualitative research methods. From this study, it was found that the majority of Islamic jurists and sharia experts decided that a woman's face was not included in the genitals. Their decisions rely on Quran and sunnah as the main sources of Islamic law. The scholars are not really questioning the habituation of wearing the veil in Arab society because it was already being a fashion culture of some people there. In order to wear a veil is included in the category of mubah, is not something that is ordered or even prohibited by religion. If a woman's face is not genitals, then under certain conditions, especially when she got pressure, she is expected to show her face. Research related to the law of wearing a veil with other approaches such as theology, phenomenology, culture, etc. will be very helpful in solving the problem of wearing the veil in Indonesia.

تطہیر آب: فقہی آراء کا تحقیقی مطالعہ (Water Purification: An Analytical Appraisal of the Viewpoints of Islamic Jurists)

Urdu abstract: آج پوری دنیا پانی کی کمی کا شکار ہے اس لیے بہت سے ممالک میں پانی کی کمی کے خطرے سے نمٹنے کے لیے استعمال شدہ پانی کو دوبارہ قابل استعمال بنایا جارہا ہے ۔ گندے پانی کو زراعت میں استعمال کرنے کا رواج دو ہزار سال پہلے کے زمانے میں ہوتا تھا، جب یونان میں فصلوں کی آب پاشی اس طرح کےآلودہ و گندے پانی سے ہوا کرتی تھی لیکن پانی کے بحران نے حالیہ ادوار میں اس رواج کو بہت فروغ دیاہے۔ ویسے بھی گندا پانی 99 فیصد پانی ہے۔ باقی ایک فیصد ایسی چیزوں پر مشتمل ہے جو انسانی یا حیوانی استعمال کی وجہ سے پانی میں شامل ہو گئی ہیں۔ ایسے پانی میں گندگی و غلاظت کے علاوہ بہت زیادہ مضر صحت اشیاء اور نجاستیں بھی شامل ہوتی ہیں۔ اسلام بحیثیت دین نہ صرف ہر مسئلے کا مکمل حل پیش کرتا ہے بلکہ دنیاوی زندگی کے ہر پہلو سے متعلق مکمل رہنمائی بھی فراہم کرتا ہے۔ اس لیے مذکورہ بالا مسئلہ کے بارے میں بھی شریعت اسلامیہ میں مکمل رہنمائی موجود ہے اور متقدمین و متاخرین نے اس مسئلہ کے بارے میں اپنی آراء پیش کی ہیں۔ ان سطور میں مسئلہ زیر بحث کی شرعی حیثیت کو واضح کیا جائے گا۔ English abstract: Water is the precious blessing of Allah Almighty which is found everywhere in the world. Hence, its usefulness is neglected, and it is wasted unreasonably. Due to its excessive use and human activities, the water sources are becoming polluted too. The rivers, streams and watercourses are too polluted for human use. This situation created water scarcity in the world. Pakistan is also facing acute water deficiency and it will soon become a water stress country from water scarcity state. It demands appropriate measures to treat water as a precious wealth and to use it carefully so that coming generations will not have to face the music. One of those measures is to clean the wastewater so that water scarcity could be eliminated. This paper examines the wastewater treatment in Islamic perspective. In this research, the viewpoints of four Imams regarding water purification have been elaborated and suggestion have been enlightened in brief.

Perlindungan Korban Perang Laut Menurut Konvensi Jenewa dan Hukum Islam

The Second Geneva Convention of 1949 concerning the Improvement of the Condition of Wounds, Sick and Victims of the Armed Forces in the Sea, is an improvement over the Hague Convention of 1907 on the same matter. The Hague Convention of 1907 concerning the protection and improvement of the fate of victims of land warfare in conditions of war at sea. Whereas in Islamic law, sea warfare was underestimated by Islamic jurists. The lack of attention shows, that at the beginning of the growth of Islam, moslems have not realized that the sea is important, and perhaps more importantly caused Islamic power does not cover the sea, but only applies on land. Therefore they depend on qiyas rules about land warfare or the customs of other nations that has been recognized.
 Keywords: Protection of Victims of the Sea War, Geneva Conventions, Islamic law

MAKNA HADIS TENTANG KHITAN PEREMPUAN DAN MITOS-MITOS YANG MENYERTAINYA

The custom of the Muslim community to perform female circumcision is based on the traditions of the Prophet and is supported by certain myths. Meanwhile, Islamic jurists do not agree with one opinion regarding circumcision. Imam Malik thinks that female circumcision is a sunnah. Imam Shafi’i and Ahmad declared it obligatory. Imam Abū Hanifah only said that circumcision is a good practice. This raises the question of whether the traditions about female circumcision are authentic or not and whether the accompanying myths can be trusted. This study reveals the quality of the circumcision hadith and the myths that accompany it with a qualitative approach, literature review. Research shows that the hadiths about female circumcision are da’īf al-sanad. Therefore the myths about circumcision cannot be trusted.

Ḥifẓ Al-Lisān as Maqāṣid Al-Sharī'ah Al-Ḍarūriyyah (Its Importance and Relevance in the Contemporary Era)

This study examines the urgency and relevance of ḥifẓ al-lisān to be included as a part of al-ḍharūriyyāt from the five main points (al-ḍharūriyyāt al-khams) which have to be maintained and is the main level in the study of maqāṣid al-sharī'ah. The transformation of ḥifẓ al-lisān as maqāṣid al-sharī'ah al-ḍarūriyyah has a pivotal role in today's contemporary era. This study only focus on two important aspects such as how ḥifẓ al-lisān is being used as an important part of maqāṣid al-sharī'ah in the al-ḍharūriyyāt and to what extent the urgency and relevance of ḥifẓ al-lisān as maqāṣid al-sharī'ah in the contemporary era. This study employed inductive analysis as a method of analysis. The sources are books related to maqāṣid al-sharī'ah written by Islamic jurists. The results of this study reveal that ḥifẓ al-lisān is suitable and urgent to be included as a part of maqāṣid al-ḍarūriyyah based on the arguments of aqli and naqli as well as phenomena that occur in the today’s contemporary era. Ḥifẓ al-lisān is necessary to do in terms of harmonizing life of society, nation and state. However, by ignoring ḥifẓ al-lisān has an impact on the emergence of negative attitudes such as provocation, slander, sarcasm, racism, spreading hoax news, hate speech and others. This negative attitude must be stopped because it certainly creates mafsadat for the community, nation and state.

Exploring the Halal Perspectives on Animal Excrement and Its Renewable Energy Products

Energy consumption continues to increase following the escalation of economic growth worldwide. The U.S. Energy Information Administration predicts global energy consumption will increase by 50% from 2018 to 2050, with the highest increase in Asia. But up to recently, coal and oil are still the primary sources of energy. Thus, a novel and renewable alternative energy is a necessity. Biomass is one of the most abundant renewable energy sources that come from various sources. However, the Muslim world population feels the need for an answer to the halal status of this energy source. This paper examines Islamic classical and modern legal literature on halal law concerning biomass production using ritually unclean materials such as animal manure, transaction, and distribution. This study found many differences in the views of Islamic jurists regarding biomass use, trading, and distribution to the public. This paper concludes that Islamic jurists have offered some solutions on how Muslims can use animal manure that is considered excrement to become valuable goods for the benefit of humans.

Medical Confidentiality Ethics: The Genesis of an Islamic Juristic Perspective.

The Sharīʿah affords considerable concern for human emotions, with its rulings seeking to remove the deliberate and accidental types of harm that may be inflicted on individuals or society. The principle of medical confidentiality protects patients’ dignity and avoids potential harm if otherwise practised. Texts from the Quran and Sunnah substantiate that unjustified disclosure of secrets is prohibited and whoever breaches confidentiality is to be punished. This paper explores the origins of Islamic ethical framework vis-à-vis dealing with privacy, particularly confidential information acquired by health professionals. For that, this paper attempts to explore various āyāt (Quranic verses) and aḥādīth (Prophetic traditions) related to privacy, and thus to analogically deduct various aspects of confidentiality in the context of medical ethics. As a result, it aims to discourse on key principles of medical confidentiality from an Islamic juristic perspective, discussing its types and conditions.

Water Purification: An Analytical Appraisal of the Viewpoints of Islamic Jurists

Water is the precious blessing of Allah Almighty which is found everywhere in the world. Hence, its usefulness is neglected, and it is wasted unreasonably. Due to its excessive use and human activities, the water sources are becoming polluted too. The rivers, streams and watercourses are too polluted for human use. This situation created water scarcity in the world. Pakistan is also facing acute water deficiency and it will soon become a water stress country from water scarcity state. It demands appropriate measures to treat water as a precious wealth and to use it carefully so that coming generations will not have to face the music. One of those measures is to clean the wastewater so that water scarcity could be eliminated. This paper examines the wastewater treatment in Islamic perspective. In this research, the viewpoints of four Imams regarding water purification have been elaborated and suggestion have been enlightened in brief.

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

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

THE ORIENTALISTS ’POSITION ON THE FUNDAMENTALISTS’ CONSENSUS

The importance of the research lies in determining the objective vision of the orientalists towards the building of consensus among the fundamentalists, and because it constitutes one of the evidence for legislation among Islamic jurists, and the concept of consensus is one of the important theoretically important principles, the problem in practice, which is effectively disrupted in the future. As a result of the difficulty of realizing the basic definition limitations, the orientalists ’behavior, especially the behavior of the Orientalists, tended to be prejudiced against the consensus building whose opinions were not received“ from an apparent confusion, like the rest of the issues and other principles that were discussed. Consensus is a brake on freedom of opinion, and another makes it a copy of the concept of Roman jurisprudence, and as for the issue of considering consensus as a mere effect of the concept of Roman jurisprudence, his document is based on his professor “Goldziher” who assumed that the consensus of jurists corresponds to the free opinion expressed in Roman law, and mentions the American orientalist (Duncan Black MacDonald (That what was in the beginning a heresy became an acceptable matter thanks to consensus, for example, pleading with the saints became a practical part of the Sunnah, and it was astonishing for this that the belief in the Prophet's infallibility made (consensus) deviate from clear texts in the Qur’an, while (Snook Horgrneh) believes that) Fiqh) has been frozen, and therefore there is no hope for consensus.

Product Renewal in the Field of Family Law in Indonesia

This article discusses the product of the family law renewal in Indonesia. Family law is a law that has provisions in the area of munakahat and mawaris. The main focus of the study of this article is why there is family law renewal and what are the products of family law renewal in Indonesia. By using a literature study which materials and data in its arrangement use books and journals related to renewal products in the field of family law in Indonesia, then the data used in this study is a qualitative study, then the method used is descriptive-analytical. found that the appearance of Islamic law renewal, especially in the realm of family law, which developed in this era, in the view of Islamic jurists in Indonesia, is due, first, to fill the legal vacuum caused by the existing rules in classical fiqh books that have not been regulated where the times always demand new rules to answer issues that continue to develop in society. Second, the demands of the modern era of economic development, science and technology which are completely sophisticated. Third, demands for changes in various fields so as to provide space for Islamic law to become a reference in formulating national law. Fourth, demands for renewal of Islamic legal thought from international Islamic jurists to national Islamic jurists, one of which is related to science and technology and issues of gender equality. Then the products of family law renewal in Indonesia are divided into two scopes, namely munakahat and mawaris, where part of munakahat itself includes marriage registration, minimum age restrictions for marriage, the role of marriage guardian, polygamy, interfaith marriage, dowry in marriage, hadhanah and pledge of divorce. Whereas in mawaris includes substitute heirs and wajibah escrow.

Urdu-5 The Development of Spouse in The Light of Holy Prophet Muhammad (PBUH)’S Relation with Sayyedah Aisha (R.A)

Wa’ad means a promise give the impression of an expression of compliance of a person or a group on a particular matter. There are two types of Promise: a unilateral Promise as well as Bilateral promise. This division denotes the nature of binding and undertaking of the subject matter. It is fact the Wa’ad e Bay (Promise to purchase or sale) plays a vital role in the transactions used by Islamic financial institutions. Murabaha to purchase order, Ijarah Muntahia Bittamleek and Diminishing Musharaka are modes of Islamic financial institutions where unilateral Promise is binding with special reference to the views from the Islamic jurists. AAOIFI Shariah standards had mentioned about unilateral Promise and its application in Islamic which reads as fellow: The promise given by the client in the Murabahah transactions 5/1 The promise given by the client in the Murabahah transactions conducted by institutions is legally binding by virtue of item 3/5 of this Standard. This paper is aimed to discuss the binding nature of Wa’ad (Promise) in Shariah Law from both angles; as Diyanata (moral) as well as Qada’a (legal), with the refrence of the modern Islamic financial system.

Urdu-4 Unilateral Promise & its Application in Islamic Banking and Finance

Wa’ad means a promise give the impression of an expression of compliance of a person or a group on a particular matter. There are two types of Promise: a unilateral Promise as well as Bilateral promise. This division denotes the nature of binding and undertaking of the subject matter. It is fact the Wa’ad e Bay (Promise to purchase or sale) plays a vital role in the transactions used by Islamic financial institutions. Murabaha to purchase order, Ijarah Muntahia Bittamleek and Diminishing Musharaka are modes of Islamic financial institutions where unilateral Promise is binding with special reference to the views from the Islamic jurists. AAOIFI Shariah standards had mentioned about unilateral Promise and its application in Islamic which reads as fellow: The promise given by the client in the Murabahah transactions 5/1 The promise given by the client in the Murabahah transactions conducted by institutions is legally binding by virtue of item 3/5 of this Standard. This paper is aimed to discuss the binding nature of Wa’ad (Promise) in Shariah Law from both angles; as Diyanata (moral) as well as Qada’a (legal), with the refrence of the modern Islamic financial system.

عمل المرأة محكمة في نظام التحكيم السعودي The Work of A Woman as An Arbitrator in The Saudi Arbitration Regulation

The Islamic Shariah acknowledges arbitration and recognizes it as having the same obligation that the rule of judge has. The legality of arbitration can be found in the text of the Quran and the Sunnah as well as in the practice of the companions, may Allah be pleased with them. However, the Islamic jurists (the fuqaha) have different opinions about the work of a woman. Some support it and others oppose it. The cause of the difference can be traced back to fiqh adjusting and the disagreement of the jurists may God have mercy on them on understanding texts or its interpretation or the achievement of it the rule of blocking the pretense. The disagreement of jurists about this issue is not new and it is existing today. With enactment of the Saudi arbitration regulation in the year of 1433H, this issue raised again because the regulator did not mention the gender of the arbitrator among the conditions. This leads to the existence of different views about this issue as the Shariah is the source of the regulation in the Saudi Arabia and there is various legal opinions about this issue in the Shariah. What is the preponderant saying of the jurists’ opinions? If a woman becomes an arbitrator, does the arbitration be null and then not be executed? From here, the study of this issue and knowing its rule in the Shariah and the regulation are important. To achieve this, the researcher divided the study into thee chapters commencing with the definition of arbitration and its nature in the first chapter. The researcher discusses in the second chapter the work of a woman as an arbitrator in the Shariah with mentioning the preponderant opinion about the issue in the writer view. In the third chapter, the writer discussed the work of a woman as an arbitrator in the perspective of the Saudi regulation and judiciary. The researcher found some results and proposed some recommendations. From the most importance of these results is that the work of a woman as an arbitrator is a controversial issue in the Islamic fiqh and the writer preponderated its permissibility. Moreover, the cause of the difference between jurists about the work of a woman results from their different understanding of the legal evidence and its legal adjusting of the issue, as well as the expansion or narrowing in the use of the rule of blocking the pretense. Add to this, the fact that the Saudi regulator did not mention the gender of the arbitrator in the conditions neither in the arbitration regulation nor in its executive regulations. This issue is important as the Saudi implemented the Shariah and has an independent judicial system. Accordingly, the researcher recommends inserting an explicit provision in the Saudi arbitration regulation talking about the working of a woman as an arbitrator and not leaving this matter to ijtihad and controversial opinions as this could act as a hindrance to the execution of judgments of the arbitrators.

FIQH AL-AQALLIYYAH AND MUSLIM MINORITIES IN A NON-MUSLIM COMMUNITY

This study researches into the legal theory of fiqh al-aqaliyyah and Muslim minorities in a contemporary non-Muslim community. In order to achieve this objective, the paper examines the fiqh al-aqalliyyah, its legal position in Islamic jurisprudence, its legal instruments and its applicability to lessen the physical, social, financial and emotional hardships or difficulties encountered by Muslim minorities who find themselves in an unfamiliar non-Muslim environment. Research method used in this study is expository, descriptive and analytical in order to showcase the applicability of fiqh al-aqalliyyah in the modern legal theory within the context-specific and needs-based neo-ijtihād legal rulings for Muslim minorities. Conclusively, the paper makes findings that context-specific and needs-based neo-ijtihād legal rulings of fiqh al-aqalliyyah is still viable in this contemporary period to arrest new jurisprudential challenges facing the Muslim minorities in non-Muslim communities. Also neo-ijtihād exercise of fiqh al-aqalliyyah from a competent Islamic jurists and legal theorists of a particular society is meant for that society only and should not be given general or universal application so as not to cause confusion in the context-specific and needs-based jurisprudential response. Finally, the study recommends that Muslim minorities should make use of the Islamic jurists and legal theorists’ neo-Ijtihād exercise of fiqh al-aqaliyyah which are peculiar to their environment in procuring solutions to some of the contemporary Islamic jurisprudential challenges facing them in the non-Muslim community.

TEKS DAN DISKURSUS OTORITAS MENURUT KHALED M. ABOU EL-FADL

In it contains authoritative references in religious matters. Meanwhile, in Khaled's view, Islamic jurists are a source of legitimacy in interpreting religious texts. Khaled tried to criticize the construction of authoritarianism in Islamic law, especially regarding the criticism of the misogynistic fatwas issued by the Council for Scientific Research and Legal Opinion (CRLO) and The Society for Adherence to the Sunnah (SAS). In this article, this article analyzes and examines how Khaled M. Abou El-Fadl's ideas offer in matters of text and discourse of authority in Islamic studies, especially those related to the interpretation of religious texts, namely the Al-Quran and hadith. While the method used in this research is a qualitative method using a descriptive-analysis approach. From various facts and data obtained, then analyzed and narrated descriptively with reference to the focus of this study. Based on the research findings, it was found that religious texts should be able to be translated and read properly according to their context, especially the authority and authoritarianism inherent in Islamic studies.

KESETARAAN BATAS USIA PERKAWINAN DI INDONESIA DARI PERSPEKTIF HUKUM ISLAM

In principle, the limitation of age of marriage for citizens is intended so that the couple who are getting married are expected to have adequate maturity in thinking, maturity of mental and physical strength. The minimum age limit for marriage has been regulated in statutory regulations and the Compilation of Islamic Laws, however, there are still inequalities with the stipulated age limit. The inception of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage stipulates that the minimum age of marriage for women is equal to the minimum age of marriage for men, which is 19 (nineteen) years. It is hoped that the implementation of this provision will be an answer to public unrest. This research is a normative juridical legal research conducted by examining library materials or primary legal materials. The research specification used in this study is a descriptive analytical method that is related to the equality of age limit of marriage in the perspective of Islamic law, then the conclusion is drawn using the deductive method where the regulation regarding the minimum age limit of marriage in Law Number 16 of 2019 concerning Amendments to the Law Law Number 1 of 1974 concerning Marriage, can also be considered good and safe because it has exceeded the age limit of adulthood by Islamic jurists and does not conflict with Indonesian law and human rights and can realize the goal of marriage properly without ending in divorce and procreation healthy and high quality.

بازخوانی زمینه محور - متن محور آیات آغازین سورۀ توبه در مسئلۀ جهاد ابتدایی

With its textual-contextual approach and by emphasizing on the text and also historical context, this essay tries to challenge the popular understanding of the primary verses of surah Tawba, which permits waging war against all of the pagans. Although the majority of the interpreters of the Qur’an and also the Islamic jurists justify the command of fighting as a result of the pagans’ polytheism, this essay shows that the command of fighting is a result of their enmity, breaching the agreement, violation and waging war. The pagans are divided in these verses into two groups: those who broke the covenant and others who remained committed. The verses threaten only those pagans who insisted on breaking the agreement and give them another chance and show them the possibility of converting into Islam. Nevertheless the command of fighting does not include the committed pagans to the covenant. So fighting is merely commanded as a reaction against the pagan’s enmity and waging war, regardless of their polytheism. These verses prove no evidence for waging war. On the contrary, they prove strict standards for permitting defensive war. Historical evidences point out that no pagan was killed by the revelation of these verses and some pagan tribes continued to exist after these verses, but the verses withdrew the last resistances of the pagans.

ARABIC: تغيير الفتوى بمقتضيات الزمان والمكان

Islamic law, by having features in its principles that are fixed and variable, expresses its authority in any situation and time. Of course, this feature reflects the unique legislative miracle of Islam itself. The source of Islamic law is divine and heavenly, so it has always descended directly through the revelation of Allah Almighty, the Lord of the worlds, and has been arranged according to His wisdom and providence and has been considered in the context of time and place according to their nature and needs. Changing of a fatwa is the change of one rule in a specific issue to another one along with a Sharia cause that agrees with the aims and purposes of the Sharia. Therefore, there is no change in the prescribed rules and the fixed principles of Shari, but Ijtihad, Qiyas and expedient rules can be changed; Because there are many rulings that have been permitted for expediency, after the passage of time and the change of place have led to corruption, which again has become impermissible. The rule of fatwa changing has been valid in the Sharia; Because, on the one hand, the Companions and their followers have used it in their ijtihad fatwas, and on the other hand, Islamic jurisprudence is a developmental debate that progresses together with the caravan of life, no awareness of the demands of time, place and scientific development is synonymous with depriving the Islamic Ummah from virtues and facilities of life, so it is necessary that the change of the fatwa has to be compatible to the change of expediencies, otherwise it will lead to corruption and harm. Statement of the problem: The Islamic jurists have divided the Islamic rules into fixed and variable. This means that the prescribed laws, which are in harmony with meek nature, do not accept changes but the rules which are based on ijtihad can be changed. The discussion of changing the fatwa and its temporal and spatial factors is one of the important issues of jurisprudence that scholars have paid attention to and therefore the answer to these two questions is necessary for the researcher whether changing the fatwa is permissible? Are the requirements of time and place effective in its changing?

The Sufi Journey to the Next World

Since the very birth of Islam, the Last Things have become a subject of passionate dispute among Muslims. In addition to the “external” approaches of Islamic jurists and theologians with regard to death, funerals, the Hereafter, etc., Sufis have incorporated sepulchral images into their symbolic ways of expression. This article sets out to precisely discuss such Sufi symbolism and the interpretation has a twofold goal: first, to discuss the emblematic approaches to the Last Things, within the framework of Sufi spiritual legacy. The second objective is to prove that symbolic interpretation of the eschatological journey has its demonstrable “earthly counterpart” within Sufi teaching about the spiritual progress of the human being.