Islamic Law Research Articles

Testimony, Lying and Calumny at the Interface of Islamic Law and Arabic Poetry

Abstract The significance of the concept of ‘testimony’ permeates Islamic jurisprudence and it is invoked in Arabic literary texts as well. Truthfulness and lying (kaḏib) were a preoccupation of many Arabic literary critics and authors in assessing literary works, while the notion of ‘testimony’ could be used figuratively in poetic texts. On the other hand, Islamic law emphasises the crucial role of trustworthy testimony in legal proceedings and has developed a sophisticated system of ascertaining the integrity of witnesses. Within this context Muslim jurists sometimes explicitly discuss poets and poetry, not surprisingly in view of the fact that the Quran characterises poets as mendacious, and some ḥadīṯs also denounce poetry. Certain literary genres in particular (especially hiğāʾ and ġazal) could be interpreted by jurists as cases of calumny that substantiate legal charges of false testimony (qaḏf). Offering a copious source of intertextual references at the interface of law and literature, legal discussions of the problem of potential qaḏf in poetry are the focus of this paper and can help clarify the peculiar ways in which premodern Muslim jurists would view and assess literary texts.

Islamic Law and Human Trafficking: The Ethical and Legal Frameworks

Human trafficking represents a profound violation of human rights, prompting critical examination across both Islamic and Western legal traditions. This study compares these perspectives, identifying shared values and key distinctions, with particular emphasis on the ethical and punitive aspects of Islamic law related to exploitation. Using a normative legal research methodology, this research investigates the role of Islamic law (Sharia) in countering human trafficking, viewed as a contemporary form of slavery. Through an analysis of Sharia principles, such as the sanctity of human life and the comprehensive prohibition against exploitation, this study reveals preventive strategies embedded within Islamic jurisprudence. These strategies include the elimination of exploitation sources and the prohibition of unjust enrichment at the expense of vulnerable populations. The study further advocates for an integrated approach that addresses both the physical and moral dimensions of human protection. In conclusion, this research affirms Islamic law as a comprehensive framework that aligns with international human rights efforts, notably in its decisive opposition to human exploitation and commodification.

Islamic Family Law Perspective on Marrying Pregnant Women

Background. Sexual intercourse between a man and a woman without a valid marriage contract is called zina. Zina does not differentiate between a girl, a man, a husband or a widow, a wife or a widower. Islamic law strictly forbids zina, never even approaching zina. One of the consequences of zina is pregnancy outside of marriage.. Aims. This article examines pregnant marriage from the perspective of Islamic law in the four imams of the school of thought, and the Compilation of Islamic Law. Method. The study uses a normative legal approach. Results. Pregnant marriage is a marriage with a woman who is pregnant outside of marriage, either married to the man who impregnated her or to the man who did not impregnate her. The Marriage Law only implicitly regulates the marriage of pregnant women, namely in Article 2 paragraph (1). The Compilation of Islamic Law regulates the marriage of pregnant women in Article 53. The differences of opinion among scholars regarding the marriage of pregnant women due to adultery do not bring blessings to the community. The Compilation of Islamic Law states that children resulting from adultery legally do not have a kinship relationship with their father, even though the father formally acknowledges and legitimizes that the child is his own child. They do not have the intended relationship, be it family relationships, guardianship in marriage or inheritance issues. The child only has a bloodline relationship with his mother.

ANALYSIS OF IMAM MOTURIDI'S LEGAL VIEWS ON SAYING "AMEN" AFTER PRAYER

This article explores the legal views of Imam al-Maturidi on the practice of saying "Ameen" after prayer within the context of Islamic jurisprudence. Imam Maturidi, a prominent theologian and jurist, is well known for his contributions to the Hanafi school of thought, and his interpretations of Islamic law emphasize reason and rationality. This study examines how Imam Maturidi addresses the utterance of "Ameen" following the recitation of Al-Fatiha during the congregational prayer (Salat). The article analyzes the theological and jurisprudential significance of "Ameen" in his writings, particularly focusing on whether it is an obligatory or recommended act, and how it aligns with his broader understanding of prayer rituals. Additionally, it discusses how Maturidi’s views contrast with those of other juristic schools, offering insights into the nuances of legal reasoning in Islamic ritual law. The paper concludes by highlighting the flexibility in Islamic legal tradition, showing how Maturidi’s reasoning offers a bridge between strict adherence and the allowances for personal preference in ritual practice.

Parents and service providers’ perspectives about social inclusion of people with neurodevelopmental disabilities in Qatar: investigation of financial transactions and personal status laws

The current study aims to explore parents and service providers’ attitudes towards the social inclusion of people with neurodevelopmental disabilities into society, through exercising their rights in various financial transactions and personal status matters in the State of Qatar. Additionally, the study aims to explore any differences in the participants’ attitudes towards social inclusion based on their role, gender and the child’s disability type. Eighty-two service providers (46 Female) and sixty-five parents (40 Female) of children with Intellectual Disability or Autism Spectrum Disorder participated in this study. They completed the Attitudes towards social inclusion of people with disabilities (ASIPD) Scale. Findings showed that the participants believe that the Shari’ah (Islamic law) places a high premium on the social inclusion of the people with neurodevelopmental disabilities and predates various modern theories on the subject. In addition, the Islamic law permits the persons with mild neurodevelopmental disabilities to engage in many contracts in the realms of financial transactions and personal status. Parents and service providers have neutral to positive attitudes towards social inclusion of people with neurodevelopmental disabilities in terms of performing some financial transactions and some personal status rights like marriage and divorce according to severity of disability. Results were discussed and further recommendations were provided.

Wakaf Irsod di Negeri Terengganu: Satu Kajian Perbandingan antara Hukum Syarak dan Pelaksanaannya

Irsod waqf is a type of waqf that is mentioned in fiqh (Islamic jurisprudence). Its existence has not been discussed much academically compared to other types of waqf, such as family waqf, cash waqf, muaqqat waqf etc. This study explores the position of irsod waqf by examining several aspects, such as the debate about Islamic law and its implementation procedures. It focuses only on the implementation of irsod waqf in Terengganu because its policies and legislative provisions are found in the Waqf Enactment Terengganu 2016. This study uses qualitative methods. The research technique uses content analysis. Findings show that there are three important elements in the relationship between Islamic law and its implementation by Majlis Agama Islam dan Adat Melayu Terengganu (MAIDAM), which are the possession of property, purpose of the waqf and the method for implementing the waqf. The three elements have a significant relationship, whereby its position is consistent with fiqh and contemporary legislation, namely the National Land Code 1965 Act 56. Findings of this study have contributed to the MAIDAM, in the form of a reference or guide when implementing improvements to waqf proceedings. In addition, it has created opportunities for further in-depth studies.

Islamic Law Review of Sharia Cooperative Practices in Indonesia

This paper examines the practices of Sharia cooperatives in Indonesia through an Islamic law perspective, focusing on their adherence to Sharia principles, the effectiveness of existing legal frameworks, and the operational challenges they face. Utilizing a comprehensive literature review, the study reveals that while Sharia cooperatives aim to provide ethical financial solutions, many struggle with compliance due to inadequate understanding of Islamic finance, regulatory ambiguities, and governance issues. The findings highlight the importance of enhancing regulatory clarity, establishing robust Sharia supervisory bodies, and fostering continuous education among cooperative managers and staff. By addressing these challenges, Sharia cooperatives can better align their practices with Islamic law and contribute to the broader Islamic finance ecosystem in Indonesia.

Addressing Inheritance and Divorce Disputes in Deathbed Situations: A Maslahah-Based Study of South Africa�s Muslim Minority

South Africa features a blend of legislative regulations, customary laws, and evolving legal principles. This dynamic becomes especially complex for the small Muslim community, which must also adhere to Islamic Law, particularly in matters of inheritance distribution. Currently, South African legal references regarding inheritance under Islamic law are limited. This article seeks to analyze a specific inheritance case in which a husband, on his deathbed, has two wives, a son, and a daughter. The first wife was divorced while he was on his deathbed, and during this period, he married another woman before ultimately passing away. In his will, the husband stipulated that the estate should be distributed according to Islamic law, thus entitling his legitimate wife to inheritance. This study employs descriptive qualitative research using scenario-thinking methods to explore potential future outcomes for which no legal precedent exists. In analyzing this case, the concept of public interest (maslahah) emerges as a relevant theory aligned with the principle of justice. Various scholarly opinions from Islamic legal schools were also utilized in the analysis. The article recommends that the South African Muslim Judicial Council prioritize maslahah, proposing that both wives share 3/24 of the estate, the son receive 14/24, and the daughter receive 7/24. Although this decision has not yet been formally recognized in Islamic law, it can be viewed as an act of independent reasoning (ijtihad) based on the principle of justice through the approach of public interest without specific textual evidence (maslahah mursalah). Additionally, rationalized public interest (maslahah ma�qul al-ma�na) was applied to allocate inheritance to the first wife, acknowledging her extended time with the deceased husband.

Kedudukan Ine Ame dalam Upacara Adat Pemakaman di Desa Bareng Kecamatan Buyasuri Kabupaten Lembata: Studi Fenomenalogi dan Hukum Islam

The traditional funeral ceremony involving ine ame is a funeral system that is still maintained and preserved. funeral system that is still maintained and continues to be preserved. In connection with this, the actions taken are real actions that are a form of respect for the deceased and his family. In Islamic law, the funeral process has been properly regulated such as informing the news of grief, bathing, shrouding, praying, burying. This research is an attempt to find out more about the traditional funeral ceremony found in the kedang community in bareng village, buyasuri sub-district, lembata district. This research uses a field research method with a qualitative descriptive approach. this research produces (1). The implementation process begins with informing the Ine Ame party, negotiating the ine ame party, luggage or kahalar, discussing customary fines such as Ote', belis, the attitude of the family, and finally reciprocity in the form of Atabelake. (2). The view of Islamic law regarding traditional funeral ceremonies This is a form of ceremony that can be said to be contrary to the provisions of Islamic law. Thus, it can be concluded that the traditional funeral ceremony in village of bareng, buyasuri sub-district, lembata district is contrary to Islamic law.

Reinterpreting Iddah for Career Women: Najmuddin Tufi�s Maqashid Sharia Approach

This study aims to reinterpret the concept of iddah (waiting period) for career women using a maqashid sharia approach based on Najmuddin Thufi�s thought. Iddah is an Islamic ruling intended to protect family and societal welfare, yet it presents challenges for modern career women. The traditional rules of iddah, which restrict activities outside the home, can impact women�s social and economic well-being, particularly for those who work. This research employs Najmuddin Thufi�s approach, which emphasizes public interest (maslahah), to explore whether the rules of iddah require adjustment for career women without compromising the fundamental objectives of Islamic law. Using a qualitative methodology with a library research approach, this study gathers data from literature on Islamic law, maqashid sharia and Najmuddin Thufi�s theory. The study finds that reconstructing iddah for career women is feasible by applying maqashid sharia principles, particularly through Thufi�s emphasis on maslahah. In the context of working women, traditional iddah rules�which limit activities outside the home�present challenges, especially concerning economic and social well-being. Based on the principle of maslahah, the iddah rule can be adapted without disregarding the core objectives of sharia, allowing career women to continue working during the waiting period as long as they uphold personal dignity and adhere to Islamic legal regulations. This approach offers a contextual and adaptive interpretation of Islamic law that aligns with modern developments while preserving the objectives of Sharia. The study concludes that iddah for career women can be reconstructed to bridge the gap between religious obligations and contemporary socio-economic needs.

Analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives

This research aims to understand the analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives.Normative research is legal research that places law as a system of norms. The norm system itself is related to the principles, norms, rules of the legislation itself. The approach of examining statutory regulations aims to find out how consistent and appropriate the laws are with the legal problem or case being studied. Data collection techniques are a way of recording events or information, characteristics and all forms of information that describe the object of research. The results of research on interfaith marriages according to Islamic law as contained in the Word of Allah, Surah al-Baqarah verse 221, have confirmed that interfaith marriages are absolutely forbidden, apart from that, if you continue to carry out an interfaith marriage, many disputes will arise in the household because both partners have different opinions and beliefs. Interfaith marriage in Indonesia is a reality that continues to occur even though state law and religious law expressly prohibit it. In fact, if you look closely, Law no. 39 of 1999 concerning Human Rights in Indonesia does not explicitly regulate interfaith marriages. On the issue of more detailed marriage regulations, including the issue of interfaith marriages, Human Rights still returns it to the applicable laws and regulations, which in this case the Marriage Law in Indonesia is Law no. 1 in 1974.

A Study on Hadith Authenticity Concerning the Abrogation of Bequests for Iddah Maintenance by Heirs and Its Relevance to Islamic Family Law in Indonesia

Although Islamic jurists (fiqh scholars) have reached a consensus on the elimination of the provision for iddah maintenance (post-divorce or mourning period support) through inheritance shares upon a husband�s death, the hadith cited as the basis for this elimination remains a subject of debate. This consensus carries sociological, legal, and theological implications that may disadvantage wives, particularly in the aftermath of their husbands' deaths. The purpose of this study is to reassess the authenticity of the hadith concerning the elimination of iddah maintenance via inheritance distribution. This paper employs Abou El Fadl's hermeneutic negotiation approach to scrutinize the authenticity of the hadith regarding the elimination of iddah maintenance and to contextualize it within the Indonesian framework. The findings indicate that the hadith serving as the foundation for this issue is an attributed to a companion rather than the Prophet (mauquf hadith), whose chain of narration (sanad) is contested. Certain narrators are considered unreliable, and there are discrepancies within its text (matn), with multiple versions existing. Consequently, this paper refrains from relying on the doctrine of abrogation (naskh) and supports the view that iddah maintenance following a husband�s death is an option that need not conflict with the wife�s inheritance share. Both iddah maintenance and the wife�s inheritance share can thus be implemented concurrently. The paper posits that, in the Indonesian context, iddah maintenance upon the husband�s death should be regarded as a form of joint property that can be allocated without reducing the wife�s inheritance share. The implementation of both joint property distribution and inheritance safeguards the rights of the wife and her children following the husband's death.

ARRANGING REGULATORY POLICIES TO SUPPORT ECONOMIC GROWTH, INVESTMENT, INDUSTRIAL REVOLUTION 4.0, SOCIETY 5.0, AND THE GLOBAL ECONOMY WITH OMNIBUS LAW

<p>Arranging regulatory policies to support economic growth, investment, the Industrial Revolution 4.0, Society 5.0, and the global economy using the omnibus law turned out to be problematic. Among the people, there are pros and cons because it is not following the Indonesian legal system, which follows the "civil law" tradition. It is necessary to research the pros and cons of this research. The purpose of this research is to analyze the effectiveness of the omnibus law policy in managing regulations to support economic growth, investment, Industrial Revolution 4.0, Society 5.0, and the global economy. The research method used is normative legal research with a literature study approach. This study concludes that implementing the omnibus law policy in managing regulations to support economic growth, investment, the Industrial Revolution 4.0, Society 5.0, and the global economy is very effective and efficient because the formation is cheaper, faster, and avoids various political conflicts. Law policies formed using the omnibus law method are part of the national legal system. Therefore, the omnibus law policy in managing regulations must refer to the provisions and principles regulated in Law Number 12 of 2011 on the Establishment of Legislation as amended by Law Number 15 of 2019 and Law Number 13 of 2022 and its implementing regulations, Presidential Regulation Number 87 of 2014 and Number 76 of 2021, as well as general and universal principles, the principles and concepts of customary law or, in some instances, the principles and concepts of Islamic law. Everything is elaborated in a direction based on the omnibus law method so that the law developed based on the omnibus law method can create happiness for the Indonesian people, as mandated in the fourth paragraph of the opening of the 1945 Constitution.</p>

المُظَاهَرَاتُ أصلُها وَحُكْمها في الإسلام

The topic of protests and Islam's stance on them are covered in this study. In recent years, there has been a discernible rise in demonstrations in many nations, with people taking to the streets and other locations for a variety of causes, such as political, social, economic, and so forth. These events, which are ways of expressing opinions, might be referred to as protests or demonstrations. Plan of research: It included three chapters, a preface, an index, a conclusion, and an introduction. There are the following chapters: - The definition of demonstrations and terms associated with them are covered in the first chapter. It has two prerequisites: The first prerequisite is a linguistic and terminological definition of demonstrations. The second prerequisite consists of terms associated with protests and their distinctions, such as rebellion, banditry, and strike. - The second subject is the sorts and purposes of protests in Islam: It has two prerequisites: The first prerequisite is the purpose of Islamic protests. The types and sorts of demonstrations are the second prerequisite. - The third topic is Islamic laws governing protests and their management. It has two prerequisites: The first prerequisite is Islamic regulations on demonstrations and protests. The second prerequisite is the Islamic ruling concerning protests. The most significant findings I came to after conducting the research are included in the conclusion. These findings include: - The term "demonstrations" is not new and normally refers to advocacy and support, but in modern times, it has come to refer to gatherings that take place in the streets and on public roads for the sake of an interest or to combat corruption. - Demonstrations are mostly used to communicate and express opinions, whether they be ones of satisfaction or dissatisfaction, and their motivations are centered around seeking an interest or combating corruption.

Abdullah Saeed: Islamic Law, Human Rights and Women Towards Equality

This article aims to understand Abdullah Saeed's thoughts on Islamic law and human rights and how to harmonize Islamic law and human rights. As written by Abdullah Saeed, the problem related to human rights is a concern of Saeed because of the debate between Islamic law and human rights. It seeks to find a solution to how Muslims respond to the debate to reconcile human rights discourse with Islamic norms and values. This problem has given rise to international human rights instruments that affirm gender equality and protect women from discrimination. The emergence of human rights brought from the West, which is predicted to solve the problem of discrimination against women, is considered not to provide significant changes to women in the world because international law and its application in non-Western cultures are not in harmony with Islamic law and even become a controversial issue. This library research tries to examine Saeed's thinking and find solutions related to the debate on Islamic law, human rights, and gender equality. Possible reconciliation so that there will be a balance between international human rights and Islamic law.

Hubungan Fiqih dengan Ushul Fiqih serta Manfaat Mempelajarinya

In the basic concept of understanding ushul fiqh, studying the meaning, object of study, objectives, functions and sources of adoption of Islamic law. The methods and approaches studied in Ushul Fiqh provide a framework for fiqh experts in interpreting and deriving laws from these sources. Meanwhile, Fiqh applies the principles and methodology learned in Ushul Fiqh in implementing Islamic laws in various aspects of life. Ushul Fiqh and Fiqh have a close relationship. Ushul Fiqh provides the theoretical foundation, methodology and principles of interpretation, while Fiqh provides practical implementation in issuing Islamic laws. This relationship plays an important role in understanding, establishing, and implementing Islamic laws in the daily lives of Muslims.

Urgensi Sertifikasi JULEHA terhadap Tempat Pemotongan Unggas Bebek Beton

The large Muslim population in Indonesia has led to an increasing demand for halal meat. To ensure that the meat is slaughtered in accordance with Islamic law, JULEHA certification is essential. The importance of JULEHA certification lies in its ability to provide consumers with a guarantee that the meat they consume has been processed according to halal standards. This certification in poultry slaughtering aims to ensure that the slaughtering process complies with Islamic law, supports business sustainability, and guarantees that the raw materials used for halal meat processing are met. With the presence of JULEHA certification, the quality of products can be improved, halal integrity maintained, and consumer trust in poultry slaughtering facilities can be enhanced. This research is expected to contribute to the understanding of the importance of JULEHA certification in the culinary industry and among poultry slaughtering entrepreneurs. The method employed in this study is field research, utilizing a qualitative approach aimed at deeply understanding the significance of JULEHA in TPU Bebek Beton. The data sources used in this research include both primary and secondary data. Data collection techniques involved interviews, observations, and documentation. The results of this study indicate that JULEHA at TPU Bebek Beton possesses competency certification and has fulfilled the 13 competencies outlined in the SKNI. JULEHA has participated in training and education programs organized by Universitas Airlangga Surabaya.

Taqlid, Ittiba’, Talfiq, dan Ijtihad dalam Ushul Fiqh

Islam is known as a religion full of rules. There are many Islamic laws that emerged for the sake of human prosperity. On the other hand, changing times from year to year mean that Islamic law has to experience several problems as well. The problems that arise are usually based on differences in life patterns from time to time. In response to this, the ulama' are trying to make decisions to make it easier for Muslims so that deviations that lead to error do not occur. Researchers present this article in order to provide clarity on existing problems. In this way, it is hoped that readers will be able to know which legal steps are permitted and which steps are not permitted. This research was carried out using the literature study method by applying qualitative descriptive analysis techniques. As a result, most ulama' allow some methods of taking the law and prohibit several other methods. The decisions of these ulama' have of course been carefully calculated by taking into account human life from time to time.

Fenomena Celebrity Worship dan Penundaan Pernikahan di Kalangan Penggemar K-Pop

This study aims to analyze the behavior of celebrity worship and the behavior of delaying the age of marriage in K-pop fans in Ponorogo Regency according to Islamic law. This study used qualitative research methods with the type of Field Research with observation, questionnaires, interviews, and documentation. The study's results proved that all informants were at the celebrity worship level of intense personal feelings. All informants said that they felt empathy for their idol's life journey which gave rise to fantasies about their idol. Five informants said that it also had an impact on love relationships and they even wanted to postpone the age of marriage because the standard of the desired partner was similar to that of A K-pop idol, comparing the men around him with K-pop idols, wanting to realize his dream of meeting an idol, and trust issues. In Islamic law, such behavior should be avoided because it is inappropriate. Marriage can also avoid harm such as zina Al-laman or zina with five senses.

The Concept of Necessity (Darurah) in Islamic Law and its Application in the Use of Blood Plasma in Medicine

The Concept of Necessity (Darurah) in Islamic Law and its Application in the Use of Blood Plasma in Medicine