Islamic Norms Research Articles

Muslim Youth in K-pop Dance Practices: Performative Responses against Islamic Norms in Malaysia

This article offers an ethnography of Malaysian youth who perform cross-gender K-pop dance. In the context of Malaysia’s hegemonic masculinity, I explore the wider cultural space within K-pop dance for nonnormative gender expression, which is usually stigmatized. Drawing on Judith Butler’s work on gender performativity, Kareem Khubchandani’s approach to Asian drag, and Erving Goffman’s stigma theory, I analyze the challenges of male Malay K-pop performers to Islamic norms and hegemonic masculinity. I argue that Muslim Malay K-pop dancers make use of performance as a context to traverse religious and gendered norms.

Paternal Filiation in Muslim-Majority Environments: A Comparative Look at the Interpretive Practice of Positive Islamic Law in Indonesia, Egypt, and Morocco

Abstract In most Muslim-majority countries, Islamic normativity underwent a process of “positivization” completely altering the sense which is made of these norms and the ways through which they are obtained. This article aims to deepen our understanding of this phenomenon through a comparative examination of an issue addressed in classical fiqh, partly legislated in modern statutes and codes, sensitive to the progress of scientific evidentiary methods, and largely at judges’ discretion. It proceeds, for each of the three countries under study (Indonesia, Egypt, and Morocco), to describe the situation, starting with the legal system, family law, and the question of paternal filiation (ithbât al-nasab, in Arabic), then paying attention to the “trajectory” of a recent case, from first-instance decisions to final rulings. In conclusion, it focuses on the room that the combination of fiqh principles and contemporary legal sources and thinking opens for creative analogy, radically innovative interpretation, and polycentric tensions between various jurisdictions.

The Egyptian Constitution and Transgender Rights: Judicial Interpretation of Islamic Norms

The lack of legislations regulate legal issues of transgenderism, transsexuality and sex reassignment surgery (SRS) in Egypt, lead to the raise of many questions regarding the legality of conducting the SRS and its consequences, this paper aims to highlight the SRS legal issues occurred in Egypt and determine the approach taken by the Judicial authorities in dealing with this matter and provides a critical analysis of the related rulings issued by the Egyptian courts, given that Egypt as an Islamic country and the Islamic principles of sharia is the main source of legislation so this paper provides a comparative study of the views of Muslim jurists ( Islamic fatwas) on the Transsexualism matters. While previous studies have discussed legal cases and Islamic legal opinions (fatwas) related to transsexualism. For example, J. Skovgaard-Petersen has analyzed Tantawy’s and Khumani’s fatwas, and Serena Tolino has discussed other Islamic fatwas, In this paper, the 2016 “Noraan” case is discussed, where I critically analyze the ruling in the case and explain both the relation between the Egyptian Constitution and the Supreme Constitutional Court (SCC) and the impact of Islamic norms interpretation on transsexuals and human rights. Among the findings, that Muslim jurists have different opinions about SRS, so there is no consensus in favor or against transgender surgery, human dignity and the preservation of life and family (hifdhu al-nafs wa al-nasl) are Islamic norms in favor of permitting the SRS, the Egyptian supreme constitutional court has respected Human Rights and International law by its ruling on explaining Islamic principles as the undebatable issues, and the courts might deal with SRS in means of the correction of material mistake.

The Padri Movement and The Adat: A Comparative Analysis

The Padri Movement was an Islamic puritan movement at the turn of the 19th century in West Sumatra (Indonesia). The leaders wanted to purify the Minangkabau society from un-Islamic influences. The growing conflict led to the Padri war (1821-1838). In this research paper, the author analyzes why many major elements of the matrilineal Minangkabau adat (customary rules) could maintain their significant functions. The author concentrates on three theoretical concepts that intend to answer these questions. Furthermore, the author also wants to offer a new perspective on the Padri movement, namely by using a structuralist way that includes a diachronic and synchronic way of looking at the Padri War. By looking at one concrete historical event, it is intended to get a better understanding of the Minangkabau adat. It was detected that there was not a strict dividing line between the adherents of the traditional system and the puritan movement. However, both sides gradually adjusted to the given situation, and the adat accepted more Islamic norms.

Conceptualizing Legal Harmonization Approach In Malaysia

Legal harmonization is a fundamental notion of comparative law that has been on the international and national agendas for the last decade. Harmonization, which derives from the word “harmony,” has a variety of meanings, one of which, in the perspective of the discussion of this topic, is the readiness and the openness to recognize, acknowledge, adopt, or accept anything produced, practiced by or originating from man-made laws, modern secular traditions, customs and usages, cultures, societies, systems or institutions which is considered to be in “harmony” with or not opposed to the worldview, principles, values, teachings, and norms of Islam. Thus, the conceptualizing approach of harmonization of legal knowledge and education is a process of actualizing the divine imperatives in the legal arena. In Malaysia, several endeavors have sought the similarity between legal rules from different jurisdictions; however, their achievements remain contested since there is no comprehensive understanding of the nature and extent of harmonization. Thus, this article examines different facets of harmonization by considering it a legal phenomenon instead of a distinct process of drafting similar rules. Adopting a comprehensive understanding of harmonization as a legal phenomenon may help better assess the strengths of the implementation processes and formulate adequate new legal endeavors.

Mamluk leadership between religious and political arrangements under Sultan Baybars’ rule

This research aims to show the role of Sultan Baybars (d. 1277CE), in contributing to the support and consolidation of the Mamluk state in Egypt and the Levant on Islamic foundations, which gave Baybars an Islamic leader who bears the appropriate titles like the senior Muslim leaders who preceded him. This study will examine Baybars’ political characteristics and leadership in light of Islamic norms of conduct and culture. Baybars proved his military abilities through his victory and success in two decisive battles: al-Manṣūra against the Crusaders (Franks) in 1249 and ʿAyn Jālūt against the Mongols in 1260. In 1261, he came to power by force after the assassination of Sultan Quṭuz. This aspect of Baybars’ rule (r. 1260–1277) is referred to by Muslim scholars as wilāya jabriyya or istīlā’ (ruling by force). Baybars acted in various fields of religion and politics (sharīʿa and siyāsa) until he managed to achieve stability, security, and a powerful Islamic regime. Therefore, the Baybars deserved the title qasīm amīr al-mu’minīn” (partner of the Commander of the Faithful, i.e., the Caliph), which was given to him by the restored Caliph in Cairo, in addition to other titles that testify to his high-ranking religious status as a defender of Islam. This research relied on the method of literary research on the personality of Sultan Baybars, through comparison and analysis of his characteristics and approach to governance, as mentioned in contemporary historians’ works who documented Baybars’ biography and the sources of the Mamluk era. This paper also relied on conclusions and extrapolations of Baybars’ personality through official documents and letters received from him or issued for him, in addition to recent historical literature and research on Baybars and the Mamluk era.1

Ismail Raji Al-Faruqi's Thoughts towards The World of Islamic Education

The occurrence of a dichotomy between Islamic Education and Western Education has given birth to several reformers of Islamic Education. One of them is Ismail Raji al-Faruqi, a Muslim scholar with a background in Western Education who is actively involved in the world of Education. One of his phenomenal thoughts is related to the Islamization of knowledge, which is believed to be able to bring Islamic Education back forward and not just be a copycat of Western thought. In the context of Islamic Education, the knowledge that has not been integrated with Islamic values needs to be reviewed. In the Islamic Education curriculum, Al-Faruqi suggested instilling Islamic norms through the study of Islamic culture, both at the level of elementary education to higher education. The method used to examine Ismail Raji al-Faruqi's thoughts is a qualitative research method based on library research.

The role of the Qadiyat of the Muslim Religious Board in the modern Muslim Community of Tatarstan

The study of the activities of Muslim institutions in the field of regulation of social relations in a secular state is of particular interest in terms of religious associations’ adaptation. The authors explore the structure of the Qadiyat of the Muslim Religious Board of the Republic of Tatarstan, the powers of qadis, the main directions of their activities and give examples of the consideration of cases by Muslim judges, analyzing regulations and publications within the framework of the structural-functional approach. Tatarstan qadis as members of the Qadis Council and as regional Muslim judges perform control, advisory, mediation and arbitration functions. Qadis deal with marriage and family matters, inheritance disputes, settle conflicts in the business sphere, consult on Sharia issues and are engaged in the preservation and strengthening of Tatar traditions. One of the promising directions for the development of the institution of Qadiyat as an instrument for pre-trial settlement of disputes is the creation of a mediation and arbitration body on its basis that can help a wide range of believers to resolve conflicts according to the norms of Islam and Russian laws.

The development of Islamic banking and of some Halal services in the Republic of Tatarstan

The article explores the ideas of Muslim women about the development of the Halal industry in the Republic of Tatarstan. The relevance of the study lies in the significant number of Muslims who are interested in the development of the production of goods and services that meet the norms of Islam. The research considers the services provided in the field of Islamic banking (mortgage, lending), beauty and health services, the development of Halal Lifestyle in the Republic of Tatarstan. Thus, the paper reveals the problems of the industry, connected with the purchase of housing on a mortgage; overpriced beauty and health services; discrepancy between the cost and the quality of the products; lack of halal certification for some services etc. Attention is focused on the joint work of the official clergy, state authorities, employees of the Halal Committee under the Spiritual Administration of Muslims of the Republic of Tatarstan, manufacturers and suppliers of goods and services, as well as Muslim consumers to coordinate efforts and receive feedback. Within the framework of the study, the author relies on a semi-structured interview – the method of qualitative research.

Upaya Guru dalam Mewujudkan Pembelajaran SKI yang Menyenangkan di MIN 1 Medan

The purpose of learning SKi in MI is to build students' awareness about the importance of learning the basic teachings, values and Islamic norms that have been built by the Prophet Muhammad in order to develop Islamic culture and civilization. The purpose of this study was to find out the efforts of SKI teachers in realizing fun SKI learning at MIN 1 Medan, based on the results of our research one of the teachers at MIN Medan mentioned several fun learning steps 1. The teacher greets with greetings and provides motivation to students; 2. Instilling positive feelings in students and the meaningfulness of the subject matter with life, this can be done by telling a short story and giving an example contextually; 3. Show interactive videos related to the material and ask students to re-explain the meaning of the show from the student's point of view; 4. Invite students to play while learning. For example asking students to make their own questions and then exchanging them with other students and then students correcting questions that have been made and done by fellow students; 5. Students are grouped into groups of three to play the game "finding my secret word"; 6. Students are asked to summarize the material studied in the form of journal lettering with their own creativity.

Measuring Islamic Legal Philosophy and Islamic Law: a Study of differences, typologies, and objects of study

This paper explores the philosophy of Islamic law and Islamic law in terms of definition, object, and implementation. The two cannot be separated in the discourse of Islamic law. By understanding the two terms, will be wise in giving the law to a problem that arose both in classical times and now. Philosophy of Islamic Law with a philosophical approach uncovers fundamental issues conceptually, methodically, systematically, radically, universally, com­prehensively, and rationally. Meanwhile, the law, within the framework of Islamic norms, is formal legislation and from customs recognized by the ummah. The objects and methods of Islamic legal philosophy are to achieve benefit and the ultimate goal of Maqāsid al-Syarīʻah and are analytical, epistemological, critical, rational, and comprehensive.

Islamic Law: Role of European Legal Universalism in Destabilizing Muslim World

In the study, from the point of view of law, the European discourse regarding the norms of Islam in the countries of the Near and Middle East and North Africa is analyzed. The characteristic features of the ancient legal tradition, the Christian tradition, as well as the concept of “humanism” and their significance for European legal universalism are determined. An assessment of the relevance of the existence of Islamic international law is given. Conclusions are drawn that international law is based on values and principles similar to both the Islamic and the Christian world. At the same time, the existing differences between the two religions emphasize the need to take into account regional specifics in relation to the norms of international law. Otherwise, there is a high risk of a clash of two civilizations and destabilization of the vast expanse of the Islamic world, which in turn will lead to the creation of geopolitical problems throughout Eurasia.

Preservation of Islamic Urban Heritage to Enhance the Users’ Expection in the Holy City of Makkah

Enhancing the Urban Heritage of the urban environment to suit religion-tourism and users' expectations and return the cityscape to Islamic urban planning and design is one strategy to improve public space in the Holy City of Makkah, and it is one goal of the Saudi 2030 Vision. This paper aims to offer historical context for the foundation of the holy city, highlight key moments in the city’s urban fabric revolution chronology up to the present day, and outline plans for the city’s future growth. This will be achieved by looking through the literature on the history of the Urban Development of the HCOM. Also, this paper used descriptive methods to examine the City’s Urban fabric evolution over the last century. The findings light how the “Sharia” Islamic norms, both permitted and forbidden activities inside Makkah’s limits, impacted the city’s urban fabric. This paper provides a comprehensive understanding of the rules of designing public space and highlights the sustaining Islamic Urban Heritage.

Relationships between Moroccan soldiers and white women in WW II: ambiguous perspectives

The study focuses on Moroccan veterans’ stories about the French military command’s comprehensive interference in romantic relationships between Moroccans and European women in France during the Second World War. It is based on interviews with some Moroccan veterans about European women’s elopement with their alien suitors to Morocco. The Muslim soldiers’ attachment to their Islamic norms in a Western society was quite embarrassing to the French colonial mind. There was an element of ambiguity in the French officers’ objection to the French women and Moroccan men’s marriages, with the aim of establishing stringent demarcations between white females and colonial soldiers. While some French soldiers directly castigated Western women for befriending or marrying Moroccans, other French men were indifferent to the issue of hybrid relationships.

Klassisch islamische Rechtsmethodik: Prinzipien, Rezeptionen und Divergenzen

The terms sharia (šarīʿa) and ‘Islamic law’ are synonymously used both in a general, colloquial sense and in academic literature. The terms do, however, not always coincide. The term sharia refers to the divine origin of rules and norms, whether they were set by God in his revelation or derived by humans from God’s revelation. Sharia, thus, encompasses the sum of divine judgments of human actions and is therefore normatively broader than the essentially positivist continental European understanding of law. As a doctrine of duties and law, it entails all religious and legal norms, mechanisms for norm-finding and interpretations. Thus, it is also referred to as a religiously based ‘order of law and values’ in the sense of an Islamic normativity that includes one’s relations with the divine authority, fellow human beings, and all creatures created by Allāh. As in the Jewish context, the interpretation of the normative set of rules is not aimed at the institutionalization of an authority, but focuses primarily on the nuṣūṣ. The texts of divine origin constitute the absolute authority. This absolute authority is transferred into the space of this world and thus into the human art of thinking. This then opens up a wide range of legal-methodological alternatives for interpretation. This multiplicity gives rise to a normative pluralism, which is – by the grace of God in the Islamic self-perception – inherent in discourses. The methods and distinctions are outlined in this article with references to legal-historical adoptions.

Discovering the Legacy of Mandailing Ulama: Education, Intellectuals, and Politics in North Sumatra in the Early 20th Century

This study examines the role of Mandailing ulama in education, intellectuals, and politics in the early 20th century. Ulama plays a critical role in safeguarding the morality of Muslim society (umma). Drawing upon the historical approach, it employed Kuntowijoyo model of writing history stages and Anthony Giddens' structuration theory to analyze the problems that this study intends to answer. This study argues that the social structure surrounding the Mandailing ulama enabled them to address religious and other sociocultural issues. This study also unveiled that the Mandaling ulama in the early 20th century mobilized the organizations, such as Al Washliyah (1930), Al-Ittihadiyah (1935), and Nahdlatul Ulama (1918) to promote the education of the indigenous people, fortify the Sunni school of thought from the heretical and influence of Dutch colonial government. It was manifested by supporting only two Islamic political parties: the Masjumi Party and the Nahdlatul Ulama Party. This suggests that Ulama were not only religious scholars who acquired knowledge of Islamic norms and disseminated them through religious and educational institutions, such as madrasa and pesantren, but also active agents in socio-political transformation within the Muslim community.

Maqashid Al-Syari’ah Manajemen Pendidikan Islam di Indonesia

The object or scope of Islamic education is very broad, because it includes formal Islamic education (educational institutions), informal Islamic education (family education) and non-formal Islamic education (pesantren and ta'lim councils). This is the very fundamental and urgent point of difference between education management and Islamic education management. This difference requires managers to have the knowledge and skills to fully and comprehensively implement management values and processes into Islamic education. Islamic education is the process of guiding physically and spiritually based on Islamic laws towards the formation of the main personality according to Islamic norms or standards. This can be seen from the goals of Islamic law. Substantially the purpose of the Shari'a which we call "Maqashid al-Shari'ah" contains benefits. Based on the results of the study, Islam views management as a virtue (mashlahah) and that goodness is in line with the objectives of shari'ah (maqashid al-Shari'ah) namely the benefit of religion, soul, lineage, intellectual property, and of course property.

Converging Islamic and religious norms in Indonesia’s state life plurality

Indonesia is characterized by a plurality of values that inspire the formation of the state and its constitution. The democratization after the reformation made some religious communities desire to express their teachings openly. For instance, they desired to implement religious norms, resulting in laws and regional regulations with religious nuances. This study aimed to examine the convergence of Islamic norms and norms of other religions into positive law. It also intended to examine the prospects for converging these norms amid religious plurality. Using a historical and normative approach model, the practice of converging Islamic norms and norms of other religions was found from the formation to the promulgation of Law No. 1 of 1974 concerning Marriage. However, this law often receives judicial reviews, especially concerning interfaith marriages. The latest product of legislation relating to the application of religious norms into positive law is Aceh Qanun No. 6 of 2014 concerning Jinayat. The Qanun is interesting in the study of the convergence of norms of Islam and other religions in Indonesia. Although the formation and promulgation involved only followers of Islam, the Qanun accommodated the teachings of other religions. Therefore, non-Muslims prefer submitting to the Qanun rather than voting for the Criminal Code. These two examples show the prospect of converging open religious norms in various legislations.

Personal Prophetic Leadership, Sharia Compliance, and Islamic Corporate Governance: Sharia Banking Fraud Prevention Efforts

This study aims to discuss the chances of developing the concept of prophetic leadership, sharia compliance, and Islamic corporate governance can be linked as very important elements in preventing fraud in Islamic commercial banks. This type of research conducted in this research is qualitative research. The data collection technique used is literature study by collecting information and data with the help of various materials in the library such as documents, books, journals, notes, or by internet searching. The data analysis method using inductive and deductive thinking frameworks. The result of this study is that personal prophetic leadership (Perpec-L), sharia compliance, and Islamic corporate governance are an effort of Islamic banking to prevent fraud (corruption). This can be done by adopting the values ​​contained in Perpec-L. Then by assessing the indicators contained in sharia compliance. Furthermore, by taking the existing principles of Good Corporate Governance (GCG) that are in accordance with Islamic norms and values.

Regulations in flux


 When it comes to sharia regulations – or the question of Islamic norms more broadly – there are few areas which are of more direct relevance for the daily life of Muslims than the question of what to eat. For meat to be halal, several Islamic theologians have claimed that animals must be conscious at the time of slaughter. This method of slaughter, however, is not allowed under the laws of Norway, which require animals to be stunned before they can be killed. This creates a dilemma for Muslims who wish to live in accordance with Islamic norms. Is it permissible to eat meat which is not slaughtered according to strict interpretations of Islamic law? Various answers have been given, both in Norway and elsewhere. This article describes for the first time the history of the halal debate among Muslims in Norway. I show that the content of halal regulations in the country has been influenced by theology but also by politics, in various bids for influence and status. The approach of the Islamic Council of Norway, the principal organization dictating halal regulations, has shifted no less than four times: from acceptance of stunning, to skepticism, to acceptance, to skepticism, and finally to renewed acceptance. Theological concerns among Muslims have played a role in this process, but social context and politics have been just as important. The debate over the regulation of halal slaughter may provide a window onto broader debates on how Muslim communities adapt Islamic norms to life in societies in which the ethical norms of non-Muslim majorities are often dominant.