Ulama 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.

Human dignity and the pursuit of knowledge in Islamic thought: Insights from the Quran

This research examines the interplay between human dignity and the pursuit of knowledge within Islamic thought, using insights from the Quran. It explores how Islamic epistemology emphasizes the harmonious integration of divine revelation and human reason, underscoring the importance of knowledge as a key factor in both intellectual and spiritual development. By analyzing the contributions of classical Islamic scholars, such as Al-Farabi, Ibn Sina, and Al-Ghazali, alongside Western epistemological traditions, the study highlights complementary and contrasting approaches to understanding knowledge and its role in shaping ethics and governance. Furthermore, the research draws on contemporary case studies, such as the Marrakesh Declaration and Masdar City, to illustrate how Quranic principles of cooperation, justice, and environmental stewardship can inform modern societal frameworks. Ultimately, the study argues for the continued relevance of Islamic thought in addressing contemporary global challenges, emphasizing that the pursuit of knowledge not only advances scientific discovery but also promotes human dignity, justice, and societal well-being.

Transgender Legal Recognition in North Africa: Between the Hammer of Sharia and the Anvil of the Judiciary

Abstract The right to legal gender recognition is integral to transgender rights and is the final step for many transgender people to realise their true gender identity. However, In North Africa, this right is primarily restricted due to the lack of a legislative framework that governs the issue. This legislative vacuum means two things: firstly, principles of Sharīʿah are the de-facto law regulating the matter, and secondly, Courts will have the jurisdiction over reviewing legal gender recognition applications. Sunni Islamic scholars did engage on transgender issues starting in the 1980s when Egypt’s Al-Azhar and Saudi Arabia’s Islamic Fiqh Council issued prominent fatwas, providing a very unfavourable interpretation of transgender people. The fatwas viewed transgender people as mentally ill who should not be allowed access to gender-affirming healthcare and should be provided with mental treatment to ‘return to their true sex’ and fit within the binary. While the fatwas only discussed banning access to gender-affirming healthcare, North African Courts adapted this ban to mean a ban on legal gender recognition for transgender people. Thus, judicial opinions in the region developed to deny legal gender recognition on the grounds of Sharīʿah. However, a 2018 Tunisian Court became an anomaly when it reinterpreted Sharīʿah to allow a transman legal gender recognition in a landmark decision. The impact of this judgment remains limited, as so far, Courts still maintain their ban on legal gender recognition. The paper is conducting the primary scholarly effort to establish a legal theory on legal gender recognition for transgender people in North Africa by investigating the issue by analysing case law from Egypt, Tunisia, Algeria, and Sunni Fatwas from Al-Azhar and Islāmic Fiqh Council to theorise the region’s legal and religious discourse on legal gender recognition for transgender people.

Enlivening Prayers: Aesthetic and Function in the Supplicatory Odes of Shaykh Abū Bakr Atiƙu (Kano, Nigeria, d. 1974)

ABSTRACT This article analyzes Sufi supplications in the poetic works of Shaykh Abū Bakr ʿAtīq b. Khiḍr b. Abī Bakr b. Mūsā al-Kashināwī (1909–1974), known in Hausa as Shehi Abubakar Atiƙu Sanka. It examines the literary and aesthetic aspects of Atiƙu’s supplicatory odes, as well as their social and political functions. Atiƙu, a significant Tijani scholar in Kano, Nigeria, was a prominent voice in the Fayḍa Tijāniyya movement, which greatly enhanced Islamic scholarship and literacy across West Africa. The Fayḍa literature includes various genres, particularly classical Arabic odes (usually monorhyme), with the Sufi supplicatory ode (qaṣīdat al-tawassul) being a notable sub-genre. Despite their devotional nature, these odes are often overlooked by Western scholars for their literary and historical value. This article shows that Atiƙu’s odes possess a unique aesthetic grounded in reiteration and intertextuality, which contributes to their coherence and unity. Moreover, these supplicatory odes play crucial social roles and serve as valuable sources of social history. The study relies on Atiƙu’s original manuscripts, which contain paratextual elements and annotations about political and religious contexts, providing a basis for a socio-literary analysis of this Islamic poetry sub-genre in Africa.

Examining The Social Implications Of Apostasy Punishment In Islamic Scholarly Discourse: A Case Study Of Its Application In Malaysia

Examining The Social Implications Of Apostasy Punishment In Islamic Scholarly Discourse: A Case Study Of Its Application In Malaysia

Postponement of Inheritance Distribution for Minangkabau Migrant Inheritors: A Study of Islamic Law

This research aimed to examine the practice of postponing inheritance distribution for Minangkabau migrant inheritors from Islamic law’s perspective and identify the contributing factors. The research employed a mixed-methods approach, combining field research and normative legal analysis. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that postponing inheritance distribution contradicts the principles of Islamic law, which mandates that the division be carried out promptly after the testator’s death using fara’id. This delay is influenced by economic factors, customary practices that grant women a dominant role in inheritance and prioritize the preservation of high-level heirloom treasures, and the distance separating migrant inheritors from their hometowns. Nevertheless, some scholars permit postponement if it is based on considerations of family welfare, while others reject it by referring to the ijbari principle. Therefore, it is recommended that the government, Islamic scholars, Minangkabau indigenous people, and Muslim migrant inheritors enhance their understanding and awareness of Islamic inheritance law and play an active role in preventing and resolving the issue of postponed inheritance distribution, as preventing inheritors from their inheritance rights is unlawful (haram) and a major sin.

Addressing the Practice of Religious Tolerance by Panji Gumilang (In the studies of Wahbah Az-Zuhaili and Quraish Shihab)

Studying the subject of religious tolerance is always fascinating. This research holds a significant place in the field of religion studies because to the fluctuations in relationships between religious groups throughout different regions of the world, including Indonesia. Numerous Islamic scholars, particularly those who study tafsir, attempt to define tolerance normatively by drawing on passages from the Quran. Wahbah al-Zuhayli is a modern scholar who takes tolerance very seriously. Al-Zuhayli's interpretation, while methodologically sound, generally adopts the methodology of ancient ulama literature. But the issue of tolerance that he highlights stems from the social reality that religious communities currently inhabit. Al-Zuhayli opens his discussion on tolerance by elucidating the notion of wasatiyyah al-Islam, or Islamic moderation. Al-Zuhayli then categorized the four primary themes of tolerance found in the Koran. First, the interactions amongst the Samawi faiths. Forming a moderate and tolerant mindset is made possible by the heavenly religion's shared core doctrines. The second is the freedom to select one's religion. This point demonstrates how Islamic law upholds the Ri'ayah al-Din concept. The third is the ban on inciting hate. Fourth, the advice to put justice first and the outlawing of acts of terror. Each and every person is entitled to protection for their soul's freedom. According to Al-Zuhayli's perspective, religious groups generally get along well and are tolerant of one another. This is also a scientific refutation of the violent ideologies that radical organizations frequently advance.

Accelerating the Digital Transition

Abstract Investigating the potential compatibility between the ongoing shariʿa-compliant cyber reforms with the standards enshrined in the European Declaration on Digital Rights and Principles, the article regards the contemporary European digital agenda as a point of reference to examine the variegated Muslim responses to modern technologies, including virtual Islamic (e-)counseling. Comparing Western and Islamic attitudes toward the usage of robotics and a (human-centric) artificial intelligence, it becomes clear that these tools must support individuals, being Islamic scholars or Western legal professionals. While skillfully relying on different languages and transcending domestic borders, European Islamic bodies can also engage in synergetic collaborations with state institutions at inter/national levels by aligning themselves with the cyber reorientation of the digital public space.

Iṣlāḥ of al-Ghazālī’s Ideas and Movements and their Relevance to Contemporary Islamic Preaching

This study aims to examine the thoughts, movements of iṣlāḥ (reform) and tajdīd (renewal) of Abū Ḥāmid al-Ghazālī (d. 1111) and their relevance to the contemporary da‘wah. Based on a descriptively qualitative method and socio-historical approaches, this study shows that Al-Ghazālī prioritized self-reform before societal engagement. Al-Ghazālī emphasized Muslims’ mission to spread Islam and reform society. He identified societal issues, attributing the state of society to the knowledge and credibility of Islamic scholars, and advocated for nurturing new scholars, reforming education, reviving moral values, and promoting social justice. Furthermore, his ideas influenced the emergence of leaders like Ṣalāḥ al-Dīn al-Ayyūbī through educational reforms. In the contemporary context, al-Ghazālī’s thought and movement provide an understanding that the current problems of Muslims need to be resolved from a fundamental problem in the form of “moral reform”. The roles of ‘ulamā’ (scholars) and umarā’ (leaders) are two essential pillars of the ummah (community), and these two aspects must receive necessary attention in Islamic da‘wah.

Ibn Hazam,s Methodology and Resources in the Compendiums of the Prophet,s Biography

Ibn Hazm of Córdoba (d. 1064 CE) was a seminal figure in Islamic scholarship, particularly renowned for his contributions to the study of the Prophet Muhammad's biography (Sira). His approach to compiling and analyzing biographical accounts of the Prophet was characterized by a rigorous methodology and an extensive use of diverse resources. Ibn Hazm's methodology in the study of the Prophet's life involved a critical examination of sources, emphasizing the importance of authenticity and consistency. He meticulously scrutinized the chains of narration (isnad) and the content (matn) of various reports to assess their reliability. In his compendiums, Ibn Hazm drew upon a variety of resources, including earlier works by prominent scholars, oral traditions, and written texts. He employed a comparative approach, cross-referencing multiple accounts to reconcile discrepancies and establish a coherent narrative. His work also reflected his broader intellectual stance on the integration of historical and legal perspectives, providing a comprehensive view of the Prophet's life and its implications for Islamic jurisprudence and theology. Ibn Hazm's contributions remain influential in the study of Islamic historiography, offering valuable insights into early Islamic scholarship and the methodologies used to preserve and interpret the life of the Prophet Muhammad.

The Role of Migrant Scholars in the evolution and development of Islamic Schools in Jos Town, 1915-1957

This paper is an examination of the migration of Islamic scholars to Jos Town and the consequential establishment of Islamic schools between 1915 and 1956. Jos, a town located in central Nigeria, witnessed a significant influx of Islamic scholars during the period between 1915 and 195. These scholars, hailing from diverse backgrounds, converged in Jos and brought with them a wealth of knowledge, religious teachings, and cultural influences. The paper chronicles the circumstances that facilitated their migration, the impact of their arrival on the religious landscape of Jos, and the crucial role played by the Islamic schools they established in propagating Islamic education. Through a meticulous examination of historical records, oral traditions and primary sources, the paper unveils a captivating chapter in the cultural and educational history of Jos, shedding light on the enduring legacy of these migrations and the establishment of Islamic schools in this vibrant town.

The Phenomenon of Almajirci in Northern Nigeria: A Historical Perspective

The Almajirci system is an ancient tradition of Islamic scholarship that dates back to the early period of Islam in the Western Sudan. It is characterized by itinerancy, with scholars and their students traveling in search of knowledge. This practice initially yielded positive results, cultivating a large number of indigenous scholars in the region, particularly in Hausaland. However, the current form of Almajirci education, where children are left in dire conditions, often naked and more concerned with survival than with acquiring spiritual knowledge—the primary aim of the system—is foreign to Islam and the original Almajirci tradition in Northern Nigeria. Today, the phenomenon of Almajirci has evolved into a social problem, leading to the abandonment and exploitation of children, many of whom become easy recruits for criminality and violence. Previous government efforts to regulate and address the worsening situation—through integration, control, or legislation—have largely been half-hearted and politically expedient, failing to provide a lasting solution. This paper explores the historical development of the Almajirci system of education in Northern Nigeria, identifying the material conditions that led to its transformation from a productive educational system to its current, deteriorated state, and examining the reasons for the failure of previous attempts to resolve the issue. The findings of this study could help suggest a viable solution to the problem. The paper asserts that solving the Almajirci problem requires a concerted effort: a combination of genuine government action, intervention by non-governmental organizations, support from philanthropic individuals in society, and continued exhortations by respected Muslim clerics, reminding parents of their responsibilities toward their children.

Donor human milk practice in Indonesia: a media content analysis.

Donor human milk (DHM) is recommended as the second-best alternative form of supplementation when a mother is unable to breastfeed directly. However, little is known about the experience of mothers and families in the communities regarding accessing and donating expressed breastmilk in Indonesia. This study aimed to identify the experience related to donor human milk in the society in Indonesia. A search was conducted through six main online news portals. The keywords used included "donor human milk," "expressed breastmilk," and "wet nursing" in the Indonesian language, Bahasa Indonesia. A total of 107 articles were found, but only 20 articles were included for analysis using a qualitative media content analysis approach. In the study, the following five themes were identified: (1) the whys and wherefores of donor human milk, (2) national and religious-based regulations, (3) recommendations from authorized organizations, healthcare professionals, and Islamic scholars, (4) the negative impact from the lack of national regulations, and (5) contradictory feelings among mothers. With the lack of detailed information on how to access or donate expressed human milk and the absence of a human milk bank in place, informal human milk sharing is inevitably occurring in the community. This has also raised concerns among authorized organizations, healthcare professionals, and Islamic scholars. Consequently, mothers, both donors and recipients, experienced negative impacts, which included contradictory feelings. Engaging with Islamic scholars and healthcare professionals to develop clear guidelines and regulations to enable mothers' and families' access and/or make contributions to DHM in a safe and accountable way is critical to prevent further problems from occurring in Indonesian society.

Hope of the of Parents of Primary School Children on Career in a Rural Community of Raozan Upazila, Chattogram

Background: Parents always think about the career of their children. They try to guide the children in such way so that they can lead an independent life in future. The social status, educational background, family environment, ambition etc. forms the basis of thinking of the parents for their children. This study was conducted to find out the pattern of hope ot the parents of Primary School Children on career in a rural community of Raozan Upazila, Chattogram District of Bangladesh. Materials and methods: This descriptive type of cross sectional study was conducted during the period February to October 2021. 100 respondents were selected by purposive type of non-probability technique. Face to face interviews were performed for information collection after getting consent. A pre tested mixed type of questionnaire was used. Results: 38% of the parents belonged to age group 31 to 35 years. Mean age of the parents was 25 years. Among them, 15% were of low socio- economic status and only 10% were of upper class. 45% of the parents had ambition that their child would be a doctor, 10% desired for teacher, 5% engineer and 7% as Islamic scholar. 93% parents had choosen Bangla medium school for their children. 65% parents had kept private tutor at home as mentor for their children and same percentage of parents expressed financial problems to provide education for their children, Conclusion: Socio-economic and literacy status of the families as well as monthly income were closely associated with future planning and ambition of the children. IAHS Medical Journal Volume 06(2), December, 2023; 9-12

Peculiarities of interpretation in the Islamic legal family

In this article, the author examines the issue related to the peculiarities of interpretation in the Muslim legal family. The author notes that there is no term in the Islamic legal doctrine that would be completely identical to the concept of «interpretation of law». The closest term in meaning is «ijtihad», the meaning of which can be defined as the activity of a Muslim jurist to resolve religious and legal issues in the absence of an unambiguous answer in the main sources of Islamic law - the Koran and the Sunnah of the Prophet Muhammad. At the same time, the concept of Ijtihad is broader than the concept of interpretation of law, but interpretation is fully covered by Ijtihad. The author comes to the conclusion that the main characteristic features of interpretation in Muslim law are a special subject composition of interpreters, to whom a number of requirements are imposed (detailed knowledge of the provisions of the Koran and the Sunnah of the Prophet Muhammad; a high level of proficiency in Arabic; knowledge of the theory of cancellation; knowledge and ability to apply methods of deriving legal norms from primary sources; knowledge of issues on which authoritative Muslim scholars have agreement), a wide range of methods (qiyas, istislah, istishab, az-zarayi, istikhsan, etc.) and methods of interpretation (grammatical, logical, historical, systematic), a special sequence of actions in the process of interpretation, as well as attitude to the result of interpretation as to probabilistic rather than absolute knowledge.

Debates about belief in the western Muslim area, the exemple of Al Baji's exchange with the christian monk

Praise is due to Allah, The Unique, The One who is not in need of anything or any creature, Whom no one is God except Him, Whom is exalted and beyond having a son. Everything bears witness that He is Unique. May God raise the rank of Prophet Muhammad, whose coming was foretold in the Torah and the Evangel. May Allah elevate the status of our beloved Prophet's kin and noble companions. There has been controversies and debates between Western Islamic scholars and others throughout the ages. The ways of their debates and their writings varied. Their fatwas are based on the multiplicity of people of desires, sects, and beliefs. Some of them responded to the Christians, some of them to the Jews, and some of them provided arguments against the people of the whims such as the anthropomorphic, the Shiite, the Zahiri, the Mu’tazila, the Bakriyah, the philosophers, and others who disagreed with the Sunnah and others who deviated from the sunni tradition and consensus. Abu al-Walid al-Baji is considered one of the most prominent theologians of the Almoravid era. During my exploration of his work titled "Theological Discourse in the Almoravid Period: Characteristics and Manifestations, with a Realization of Some Examples," I was struck by his theological debates with his adversaries and his strong responses to them, including his rebuttal of the French monk and others.

A Critical Analysis of Abū Rayyah's Perspectives on Ḥadīth Recording

Abū Rayyah, a prominent 20th-century Egyptian Islamic scholar, has sparked significant debate with his critical stance on the traditional processes of Ḥadīth collection and documentation. His arguments challenge long-standing views and practices, questioning the reliability of certain narrators and the methodologies employed in the early Islamic centuries. Aiming to contribute to the ongoing discourse surrounding the authenticity and methodology of Ḥadīth compilation within Islamic tradition, this paper provides a critical analysis of the views of Abū Rayyah on the recording of Ḥadīth, examining the historical context and scholarly responses to his critiques. Through a comprehensive review of primary sources, including Abū Rayyah's own writings and the responses from other Islamic scholars, the paper evaluates the strengths and weaknesses of his arguments. This involves analyzing his methodological approaches, his use of evidence, and the broader implications of his critiques for Islamic jurisprudence and theology. Ultimately, this study seeks to provide a balanced assessment of Abū Rayyah's contributions to the study of Ḥadīth, acknowledging his role in prompting critical reflection and debate while also considering the validity of the critiques against his views. By doing so, the paper aims to enhance the understanding of Ḥadīth recording practices and their impact on Islamic thought and practice.

Argumentasi Rasional Eksistensi Tuhan

This research aims to examine and reiterate the arguments used by Islamic scholars regarding the existence of God, by incorporating contemporary evidence supporting the validity of these arguments. Simultaneously, it aims to refute the atheist's assumption that the existence of God is impossible to scientifically prove. This study employs qualitative, descriptive, and analytical methods, along with a philosophical approach to the arguments presented in revelation and those used by Islamic scholars regarding the existence of God. The research is categorized as library research, drawing from classical and contemporary books, relevant scientific journals, or articles related to the study. Islamic scholars, based on the Quran and Sunnah, have put forth various rational arguments for the existence of God. However, in the modern era, atheistic and agnostic groups are increasing, and their movements are extensive and structured in advocating their ideologies. Hence, there is a need to reexamine the arguments of the scholars, presenting them more explicitly with updates and additional contemporary facts, both from scientific perspectives and the testimonies of atheists or agnostics who affirm the existence of God. The results of this research indicate that the existence of God is a truth easily provable through reason and logic that is inherently certain.

Pemikiran Dan Pengaruh Syeh Nawawi Al-Bantani Dalam Perkembangan Islam Di Nusantara

This article discusses the influence and contribution of Syeikh Nawawi al-Bantani to the spread of Islam in the archipelago. One of the leading scholars from Banten in the 19th century, Syeikh Nawawi al-Bantani, made a significant contribution to the spread of Islam in this region. Sensitivity and tolerance became a strong foundation for inter-ethnic and religious harmony in the Nusantara society, which was realized in a wise approach in understanding religious differences. The influence of Syeikh Nawawi al-Bantani covers social and educational aspects as well as limited to religious aspects. This article explains the role of madrasas and pesantren as centers of knowledge dissemination in the archipelago. His contribution to Islamic education helped develop the intellectual capacity of the local community and gave birth to a new generation of Islamic scholars who uphold the teachings of Islam. In addition, the article highlights recurring themes in the contemporary context of Syeikh Nawawi al-Bantani's writings. Ignorance of the past is an obstacle to racial tolerance in the archipelago today. Through intellectual reflection, this article offers insights into how the writings of Syeikh Nawawi al-Bantani continue to play an important role in shaping Islamic identity in the archipelago.

The Tradition of Kundangan in the Last Ten Days of Ramadan: A Study of Living Hadith in Dasin Tuban Village through the Lens of Karl Mannheim's Sociology of Knowledge.

The tradition of Kundangan or Kenduri is one of the Indonesian Muslim practices that some groups consider Bid'ah (innovation) because it is not directly based on the Hadith of the Prophet. Research on Kenduri is generally divided into two categories: studies that assess the legality of Kenduri based on Islamic values and studies that examine the values embedded within the practice. However, research on the community's reception and the essence of Kundangan in the context of Living Hadith remains limited. This study focuses on the examination of Living Hadith related to Kundangan during the last ten days of Ramadan as practiced by the community of Dasin Village, Tambakboyo Subdistrict, Tuban Regency, using Karl Mannheim's sociology of knowledge approach. This research employs a qualitative method with a case study approach to understand this phenomenon holistically. The findings indicate that the objective meaning of the Kundangan tradition during the last ten days of Ramadan is a heritage from ancestors that involves rituals, such as reading the Qur'an, praying, and giving food parcels to guests. The expressive meanings of the Kundangan tradition vary, including views of it as ancestral heritage, the belief that ancestral spirits are present in the home and should be sent the rewards of charity, anticipation of the Night of Qadr, and efforts to maintain social relationships. The documentary meaning of the Kundangan tradition reflects an acculturation between Javanese cultural beliefs and the values of Hadith. These findings show that the Kundangan tradition is a method used by Kiai (Islamic scholars) to implement Hadith values, blending them with the local culture.