Muslim Law Research Articles

DEVELOPMENT OF ARABIC LANGUAGE IN BUSINESS AND INDUSTRY AT ARABIC EDUCATION DEPARTMENT IAIN KEDIRI

Arabic is the second international language in the world and is the language for the source of Muslim law, so it is studiedfrom elementary school to university. However, many Arabic language education scholars experience difficulty in generating financial returns and lack creativity. If it continues, many graduates will be unemployed due to the lack of job opportunities. Therefore, Indonesia implements the Merdeka Belajar Kampus Merdeka (MBKM) curriculum as a solution in higher education, but this is still a transition from the Kerangka Kualifikasi Nasional Indonesia (KKNI) curriculum. This study aims to understand the role of the Arabic language study program at IAIN Kediri in developing Arabic in the era of business and industry. This research method uses a descriptive qualitative approach through questionnaires, interviews, and observations to obtain valid data. The results showed that the Entrepreneurship Course Program (KWU) in the Arabic language education study program at the Kediri State Islamic Institute provided maximum results in developing entrepreneurial abilities according to student expectations. This research provides an overview of the implementation of Arabic language development in business and industry through marketing and management in the fields of translation, tutoring, tourism and language seminars with the hope that it can be implemented into business and industry in the future.

Angrezi shariat: Islamic law in 20th- and 21st- century Britain and its colonial antecedents

An increasingly formalized parallel Islamic legal system has emerged in England over the past few decades, brought about by the migration of mainly South Asian Muslims to the country. Especially in matters of personal law, many of Britain’s Muslims prefer the arbitration of community courts governed according to the Islamic legal tradition, rather than official common law. In response, the English judiciary has been recently integrating these community sharia courts into its own system to gain some influence over this parallel legal structure. The cooperation and co-optation of an Islamic legal system by common law today bears a notable similarity to a similar development in British-ruled India, where Islamic law was preserved by colonial authorities for Muslim subjects yet molded by the requirements of the common law system and integrated within it.

What do We Owe to Romans? The Roman Shift of the Paradigm of Thinking About Law in the Context European Legal Culture

This study shall present the consequences of the paradigm shift in thinking about law that took place in Ancient Rome (primarily, but not exclusively, in the early republic). It will present what distinguished the Roman concept of law from the concept of law present in other ancient laws, and what is still a living heritage of Roman thought, even if we do not realize it on a daily basis. Roman law will be compared with other laws of the European cultural circle, and therefore, apart from ancient Greece, the so-called Eastern despotias and the state (states) of the Jews. However, it is more about ideas than specific solutions. Therefore, in the comparative material will be also included the Muslim law, although it was created after the promulgation of the Justinian Code, considered the final stage in the formation of ancient Roman law. The Muslim law is however - in a sense - an heir of Middle Eastern legislation and expresses an alternative to Roman way of thinking about law. The aim is to show not only what distinguishes Roman law from the laws that precede it or its contemporaries, but what distinguishes Roman law from other possible ways of looking at laws in general. As a research hypothesis is presented the statement that the fundamental for the development of European legal culture were not so much specific Roman normative solutions, but a change in the paradigm of thinking about law: its secularization, understood as a break with divine origin or the sanctioning of law, and its professionalization, understood as the development of a specific category professional people dealing with the analysis and interpretation of law. At the end it is presented an open question why the secularization of the law happened only in Rome and why it ever happened there although in all other analyzed legal systems the connection between law and religion was never surpassed which this did not prevent the formation of a precise and sublime law, as was the case of the Islamic world.

Determinan Mustahiq Zakat Fitrah Perspektif Keadilan Dan Budaya

This study discusses the culture and concept of justice in the determination and distribution of zakat fitrah to Mustahik which is carried out evenly in the people of Gampong Blang Crum, Lhokseumawe City. This field research was conducted using data collection techniques by means of observation, interviews, documentation and literature related to zakat fitrah. The subjects of this study consisted of Gampong Imum, Amil, Tuha Phet and Mustahiq which are in Gampong Blang Crum. The findings show that the determination of mustahiq zakat fitrah in Gampong Blang Crum, Lhokseumawe City, is contrary to the Koran. This is evidenced by the distribution of zakat fitrah evenly to all people. According to the concept of justice in Islam, it is not appropriate because the distribution of zakat fitrah evenly reduces the rights of mustahik, especially the poor. Meanwhile, according to Gampong Blang Crum culture, the distribution of zakat fitrah must be given evenly because it has become a longstanding habit. this has happened from generation to generation, no one even knows when the distribution of zakat fitrah evenly began. This is done to avoid social jealousy among residents. The distribution of zakat fitrah to the entire community is carried out after the distribution of zakat fitrah to the 4 asnaf that has been determined by the village. this is considered very fair and feasible, but this is not in accordance with an Islamic economic perspective because the purpose of zakat fitrah is to meet the needs of the poor.

ГЕНЕЗИС ТА КОНЦЕПТУАЛЬНІ ОСНОВИ МУСУЛЬМАНСЬКОГО ПРАВА

The article is devoted to the problem of defining the conceptual foundations of Muslim law, inherent in its characteristic features. Emphasize the importance of studying the theological ideas of Islam, as they permeate legal concepts, forming a different "vision" of legal phenomena and legal reality. Attention is drawn to the relevance of scientific knowledge of Islamic religious doctrine in the conditions of modern trends, as a powerful ideological vector of the development of Muslim law, regardless of the inherent conservatism of Islamic society. In addition, the idea of the dualistic nature of Muslim law and its multifaceted nature is asserted, which is based on the conclusions of prominent legal scholars and religious scholars of the past and present, such as Abu Hanif, A. Ibn Khaldun, J. Schacht and others. The article presents the conclusions of the well-known modern scientist Benjamin Jokish regarding the borrowing of legal ideas of Jewish law, Roman law and Byzantium by theorists of Muslim law. The author, in general terms, reveals the issue of the genesis of Muslim law, in particular, the periodization of Muslim law is mentioned as a generalization of the historical stages of its existence, the role of legal schools (madhabs) in the process of the development of Muslim law is noted. The issue of distinguishing between the concepts of "Sharia" and "Fiqh" is also highlighted separately, attention is appropriately paid to the changing role of these two categories in the theory of Muslim law, since, first of all, the subject field of Fiqh began where the field of Sharia ended, which later acquired a different meaning. The field of research on the sources of Muslim law does not lose its relevance, in addition to the Qur'an and the Sunnah, the knowledge of the meaningful essence of ijtihad as a source of Muslim law derived from the Qur'an and the Sunnah, which is a functional tool for solving controversial issues of human existence and social life in general, acquires special importance.

Law For Space Travel: Analysis of Fiqh in Space

The purpose of this research discussion paper is to understand the Islamic issues involved in Space Travel, which is a novel field. Hitherto, only limited research has been undertaken on how Muslim astronauts can maintain their Islam for a prolonged period away from the Earth. This paper will commence with an introduction to Islamic law (which includes the distinct term fiqh), before discussing the obligations of Muslims in space. Also discussed in this paper will be the Maqasid, or higher objectives, which provides an avenue for Muslim space travelers to maintain their Islam within the framework of the religion. The methodology used in this paper is based on research of existing literature, comments from previous Muslim astronauts as well as a review of Muslim law that pertains to travel. The finding of this paper sets out the application of Islamic Law for interstellar Space Travel and off-world colonisation. It discusses the relevant ibadah rulings (literally meaning religious rituals such as prayer, fasting, ablution, keeping halal, and death rites inter alia) and how these can be practically applied in the context of space travel. This paper also outlines the moral, legal and practical challenges faced by a Muslim undertaking Space Travel and discusses the relevant Islamic ‘knowledge’ that may assist in reconciling these issues. The term interstellar Space Travel and colonisation is used to refer to those activities that are performed away from the Earth, such as in the micro-gravity of space or on an off world colony i.e., Mars. This paper is unique from other published papers in the field as it contemplates off world habitation and not just a short-term sojourn into space. The research finding is that Islamic Law is able to adapt to the challenges of space by incorporating how early Muslims maintained their Islam while traveling long distances outside their home countries. This is an emerging area of study, so there is a dearth and scarcity of literature about Muslims in space written from a scholarly perspective. This paper intends to rectify this situation by providing a marker for other scholars and researchers to follow

The concept of justice in Islam – by confirming Ibn Khaldun views

The concept of justice in Islam – by confirming Ibn Khaldun views

SOME CONSIDERATIONS REGARDING THE INHERITANCE RIGHTS OF THE SURVIVING SPOUSE IN CHINESE LAW

Asia is the largest continent on Earth1 and due to its vastness, it is difficult to analyze and present the culture and legal reasoning behind the laws of Asian countries. Asian states have suffered, over the centuries, the influences of colonialism from states such as: Great Britain, France, Germany, Holland, Portugal, Spain, Switzerland and the United States of America. The influences of colonialism intersected with Chinese, Buddhist, Hindu, and Islamic legal traditions. However, from a legal point of view, among Asian states, there are commonalities related to religion, similar historical influences and approach to the processes of modernization and industrialization. These aspects common to Asian countries have existed since pre-colonial times.

ABOUT PROPHETS AND MESSENGERS IN THE TREATISE OF ABU NASR AL-FARABI "MIN AL-ASILATI AL-LAMIATI WA AL-AZHUIBATI AL-JAMI'ATI"

Article is devoted to the treatise by Abu Nasr al-Farabi " Min al-asilati al-lamiati ua al-azhuibati al-zhamiati " - "From Brilliant questions and Comprehensive answers" (оrig. مـِن الأسـئـلـة اللامـعـة و الأجـوبـة الجـامـعـة). A historical and source study analysis was carried out of the only surviving manuscript of the treatise (Hagia Sofia/4855), first recognized in the science of Farabivology and included in the bibliographic index of the works of the Second Teacher in the middle of the 20th century (1951). He topic, structure and content of the treatise are defined. The religious views of Abu Nasr al-Farabi take their place among the diverse theoretical teachings of al-Farabi, who studied many fields of science from philosophy and logic. One aspect of the worldview of a thinker who lived in the famous medieval period lies in the ancient scientific tradition, but, on the other hand, the sciences of religion, such as the Koran, prophecies, Muslim law, which appeared in the Golden Age (Muslim Renaissance), had a great influence on his views. The various development by a scientist of the content of the classification of sciences based by Aristotle in the Muslim East was directly related to the beginning of the formation of religion as a science, which was a main element of the spiritual culture of that time. The treatise "Min al asilati al-lamiati..." which we took as the object of study, is based on the narratives written about the prophets and their life in the Quran. The article clarifies the views of Abu Nasr al-Farabi about the prophets and envoys sent by Allah, hadith and narratives about their lives, as well as historical events in the history of Islam and the verses of the Quran related to each event.

SISTEM KEWARISAN DALAM PERSPEKTIF HUKUM ISLAM DAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA


 
 
 
 Inheritance law according to Islamic law is one part of family law (al-Ahwalus Syahsiyah). This science is very important to learn so that in the implementation of the division of inheritance there is no mistake and can be carried out as fairly as possible, because by studying the Islamic inheritance law for Muslims, will be able to fulfill the rights relating to inheritance after being abandoned by Muwarris (heir) and submitted to the heirs who have the right to receive it. Thus, one can avoid sin, namely not eating the property of people who are not their rights, because there is no fulfillment of Islamic law regarding inheritance. The inheritance legal system according to the Civil Code does not distinguish between sons and daughters, between husbands and wives, they have the right to inheritance, and the sons share sons and daughters, the part of a wife or husband is the same as the child. When linked to the hereditary system, the Civil Code adheres to a bilateral descent system, where each person connects himself to the descendants of his father and mother, meaning that heirs are entitled to inherit from the father if the father dies and has the right to inherit from the mother if the mother dies.
 
 
 

حبس ملزم کی شرعی و قانونی حیثیت

Attributing the criminal action belonging to a person is called accusation. A person who is charged with a crime is called an accused. No any accused can be considered convict or guilty without an evidence. Allegations are always made on the basis of suspicion and different other circumstantial evidence. Imposition of punishment on the basis of accusation is never justified in any Divine or Man made Law. The decision based on a mere claim without any evidence is prohibited in Islamic Shari'ah.So when a person is charged with a crime ,it is imperative to investigate him properly.Until the investigation is done, neither the accused can be declared guilty nor the claim can be considered true. A strong justice system is necessary for state stability. Pakistan is an Islamic country. So it is a constitutional requirement to establish an Islamic justice system in the country. Under existing laws, the police have absolute power to arrest any respectable citizen on mere suspicion. It is a common practice in Pakistan that the accused is imprisoned on the bases of a trivial accusation. Whereas in Shari'ah, it is absolutely impermissible to detain a dignitary on the base of a mere allegation. Apparently, Incarceration of accused in prevailing laws is seemed to be in conflict with Sharia.. Therefore, A critical study on the legal status of the detention of an accused is necessary in the context of Shariah.

The Importance of Islamic Regal Leadership in Zakat Delivery to Its Recipients in Perlis

The purpose of this article is to justify that Islamic regal leadership in Perlis plays a very important role in the delivery of zakat to its recipients with a goal to alleviate poverty. This study argues that Islamic regal leadership benefits the recipients in Perlis by adopting effective Islamic governance based on the principle of al-siyāsah al-sharʿiyyah and adab through the reflections of wisdom and justice in Islam derived from the the Holy Quran. Accordingly, this article discusses how His Royal Highness the Crown Prince of Perlis, as the ulū al-amr (Islamic leader), adopts Islamic values and virtues while expressing benevolence (i.e., kindness) by personally hand delivering the zakat to its recipients. The primary data collected were from interviews with selected respondents representing interested parties such as policy makers and zakat contributors. About 30 zakat recipients were chosen to take part in a faceto-face interview. The data collected were analysed through qualitative methods using Atlas.ti 8 and triangulated with the literature to show that virtuous traits, beneficence (i.e., being charitable) and righteousness in Islamic regal leadership in Perlis have benefitted the recipients by transitioning them out of poverty through three positive interdependent factors, namely the important existence of Islamic regal leadership traits in His Royal Highness, the fulfilment of the zakat recipients’ needs and the opportunities for the zakat recipients to set up businesses. The findings of this study are useful to those concerned about Islamic regal leadership and to those responsible for zakat delivery to its recipients. This is a pioneer study, presenting new observations and knowledge pertaining to Perlis.

Distributive Justice Perspective of Sharia Economic Law in Indonesia

Injustice is a traditional and current issue that all economic systems encounter. This economic injustice and disparity of income and wealth is the origin of the poverty problem. The idea of distributive justice emerged in Islamic economics in response to the inability of current economic theories to address the issues of poverty, income, and wealth disparity. As a result, the study of distribution has long been an intriguing topic in Islamic economics. This study defines distribution from an Islamic economic standpoint, examines problems related to injustice in the Indonesian distribution system, criticizes capitalist economic distribution, and concludes with a study of Islamic economic distribution in discovering distributive justice and distribution mechanisms in Islam as an answer for justice and social welfare

Konsep Pemberian Upah Terhadap Tenaga Kerja/Buruh Menurut Perspektif Islam

A worker is a worker who works for another person by fulfilling his duties and obligations as an employee for the purpose of getting a wage commensurate with what he does in accordance with a predetermined collective agreement. In the case of giving wages, an employer may not deliberately default on his obligation to pay his employees, which in addition to violating the employment contract is also contrary to the principles of justice in Islam. Justice is seen from the accuracy of employers in giving wages to workers. The type of research used in this research is literature review research which results from the analysis of various conceptual information as well as qualitative and quantitative data from various previously published scientific articles. The results of this study are that Islam provides guidelines to parties who provide jobs to others that remuneration must include two things, namely fair and sufficient. Justice is seen from the accuracy of the employers in giving wages to workers, and can also be seen from the proportionality of the level of employment with the amount of wages they receive.

Iddah for Husbands: A Political Analysis of Islamic Family Law

This paper explores the concept of iddah for husbands, which is not commonly discussed in mainstream Islamic law interpretations or traditions. This paper also highlights the importance of promoting gender equality and justice in Islamic legal traditions and principles. This article was produced from a literature review, and the main data was obtained from a study of fiqh books and regulations regarding iddah in Indonesia. To strengthen the data and analysis, this paper also uses several important research results and articles related to the issues discussed. A political analysis of Islamic law is the approach used in this paper. This approach is used to highlight the relationship between law and power as well as the need to consider the wider social, cultural, and political context in the interpretation and application of Islamic legal principles. This paper analyzes the political aspects of Islam related to Islamic law and the issue of iddah for husbands. This paper argues that the need for proposals to draft laws governing long-awaited periods for men is urgent and must be accompanied by awareness campaigns and counseling services to ensure successful implementation. Implementation of these laws will require careful consideration of the social context and the potential implications for families and individuals.

Тавассул, истигаса и рабита как элементы суфийской ритуальной практики в контексте критики дагестанскими реформаторами-просветителями первой трети XX века

At the beginning of the 20th century, the ideas of Muslim reformism spread widely in the North Caucasus. Dagestani enlightening reformers (renovationists) in their works dealt with a wide variety of issues, such as the reform of Islamic education, Muslim law, “the women's question”, combating obso-lete adats, etc. On the whole, the reformers had a positive attitude toward Sufism, but criticized such elements of Sufi ritual practice as tavassul, istigasa, and rabita. Some of them went to even greater ex-tremes and even denied the legitimacy of Sufism from the point of view of the Qur'an and the Sunnah. This mainly concerned such disciples and followers of Ali Kayaev (1878–1943) as Mukhammad Abdar-rashida al-Harakani (1900–1927), Mukhammad ‘Umari al-Uhli (1897 – the mid 1940s), Mas'ud al-Muhuhi (1893–1941), Abdarrahim al-Aimaki (died in the 1980s), and Magomed-Said Saidov (1902–1985). Dagestani renovationists of the first third of the 20th century were representatives of the ethical direction in Islamic thought characterized by a modernizing orientation in their programmes, including in matters of Sufism. They set themselves the task of spiritual education of the Muslims of Dagestan under the conditions of an industrial society and scientific advancement at the beginning of the 20th century. The issue of spiritual purification through a new perception of Islam was part of their pro-gramme aimed to form a new inner image and worldview foundations of a Muslim, a citizen of the country and an architect of a new society in a difficult transition period of the era. To do this, they as-pired to “adapt” religion by finding and interpreting new ways for the progressive development of socie-ty with the goal of peaceful and equal integration of Muslims in the North Caucasus into the Russian legal space.

Bank Interest in Islamic Law

This journal aims to examine the concept of bank interest (riba) within the framework of Islamic law (Sharia). The practice of charging and receiving interest has been a topic of significant debate and controversy among Islamic scholars and jurists. This paper provides an in-depth analysis of the philosophical underpinnings of bank interest in Islamic law, taking into account various perspectives and interpretations within the Islamic legal tradition. The journal begins by exploring the foundational principles of Islamic law and its ethical framework, highlighting the prohibition of riba as outlined in the Quran and the Hadith. It discusses the historical context and evolution of Islamic banking and finance, emphasizing the need for alternative financial mechanisms that comply with Islamic principles. The study then delves into the philosophical considerations surrounding bank interest from an Islamic legal perspective. It examines different schools of thought and the rationale behind their positions, including the arguments for and against the permissibility of bank interest. The utilitarian perspective evaluates the societal consequences of interest-based transactions, while the deontological approach emphasizes the adherence to moral principles. The contractualist viewpoint focuses on the voluntary agreements between parties, and the concept of justice and equality is examined in relation to interest-based transactions. Furthermore, the journal analyzes contemporary practices in Islamic banking and finance, including the development of Islamic financial instruments that adhere to Sharia principles. It explores the role of regulatory bodies in overseeing and ensuring compliance with Islamic law in the financial industry. The research concludes by synthesizing the diverse perspectives and providing a comprehensive understanding of the philosophical considerations surrounding bank interest in Islamic law. It emphasizes the importance of contextual interpretation and critical analysis within the Islamic legal tradition to address the challenges and complexities posed by modern financial systems.

Analysis of Islamic Law Accommodation In National Law during the Era of Democratic Transition Government 2001-2004

This paper aims to analyze the position of Islamic law in the national legal system during the democratic transition (2001-2004), which was led by Megawati Sukarnoputri. Although she and the supporting party she led (PDIP) are often associated with secularism (at least considered insensitive to the problems of Muslims), during her reign from 2001 to 2004 several regulations were born that accommodated the interests of Muslims in the form of laws. This study uses a normative research method with primary-based secondary data sources. This study found that of the 126 laws that were legislated during the 2001-2004 transitional government, fourteen of them had intersections with the interests of Muslims which were accommodated in two patterns; first, formalist accommodation where the law strengthened the enactment of Islamic law for Muslims in Indonesia, such as Law No. 18 of 2001 concerning Special Autonomy for the Province of NAD; Law No. 18 of 2003 concerning Advocates, and so on. Second, accommodation in the form of substantive laws that are in line with Maqashid Shari'ah or at least do not contradict Islamic teachings as illustrated in Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Corruption, Law No. 30 of 2002 concerning the Corruption Commission, Law No. 23 of 2002 concerning Child Protection, and others.

Normative Juridical Review Regarding Bank Interest in Islamic Law

This journal aims to examine the concept of bank interest (riba) within the framework of Islamic law (Sharia). The practice of charging and receiving interest has been a topic of significant debate and controversy among Islamic scholars and jurists. This paper provides an in-depth analysis of the philosophical underpinnings of bank interest in Islamic law, taking into account various perspectives and interpretations within the Islamic legal tradition. The journal begins by exploring the foundational principles of Islamic law and its ethical framework, highlighting the prohibition of riba as outlined in the Quran and the Hadith. It discusses the historical context and evolution of Islamic banking and finance, emphasizing the need for alternative financial mechanisms that comply with Islamic principles. The study then delves into the philosophical considerations surrounding bank interest from an Islamic legal perspective. It examines different schools of thought and the rationale behind their positions, including the arguments for and against the permissibility of bank interest. The utilitarian perspective evaluates the societal consequences of interest-based transactions, while the deontological approach emphasizes the adherence to moral principles. The contractualist viewpoint focuses on the voluntary agreements between parties, and the concept of justice and equality is examined in relation to interest-based transactions. Furthermore, the journal analyzes contemporary practices in Islamic banking and finance, including the development of Islamic financial instruments that adhere to Sharia principles. It explores the role of regulatory bodies in overseeing and ensuring compliance with Islamic law in the financial industry. The research concludes by synthesizing the diverse perspectives and providing a comprehensive understanding of the philosophical considerations surrounding bank interest in Islamic law. It emphasizes the importance of contextual interpretation and critical analysis within the Islamic legal tradition to address the challenges and complexities posed by modern financial systems.

Religious Culture in Peacebuilding Education

Religion has been examined in various academic disciplines, both mono and interdisciplinary with various accompanying issues, including issues regarding the relationship between religion and culture. This article seeks to show that in the context of peacebuilding education, religious culture plays an important role. This study employs a library research approach. In Indonesia, peacebuilding theories suggest the need for Islamic education as the majority religion in order to the support transformation process relating to changes in negative peace, positive peace, structural violence, root causes of conflict and sustainable peace. This article reveals the process and steps to improve peacebuilding in the implementation of Islamic education. This study is very important to shape a peacebuilding culture in Islamic education where the core values of peacebuilding in Islamic education include the meanings of salām (peace), humanity, harmony and peace, Dar-al-Salam (Home of Peace), peaceful justice through jihad, nonviolence in Islam, justice in Islam and human rights. These core values of peacebuilding education in Islam need to be disseminated and cultivated in all Islamic educational institutions.