Origins Of Islamic Law Research Articles

The Development of Murabaha in Indonesian Islamic Banks

Over the last few years, Islamic trading transaction has become more popular in Indonesia. Retail trade in Islamic banks for an example. There are many Islamic banks in Indonesia that provide alternative business transactions and halal product in retail trade to the public based on Islamic law, but Islamic banks must obey not only the origins of Islamic law, such as the Holy Qur’an and the Sunnah but also Islamic principle in terms of the prohibition of uncertainty, interest and gambling when they run their business in retail trade. One of the agreements in retail trade is Murabaha which involves several possible structures, notably direct trading, company (seller) purchases via an agent or a third party and murabaha via the customer as an Agent. However, there are several contemporary issues, particularly Murabaha via Shares and executing time of Murabaha that still need to be discussed whether they disobey Islamic law and basic Islamic principles or not.

Ibn Khaldun s Concept of the History of Fiqh and its Impact on the Historiography of Islamic Law in the Modern Era

As an Ash‘arī and Mālikī jurist, Ibn Khaldūn’s various theories, ranging from economics to politics, sociology to philosophy, and history to literature have long been subject of inquiry by prominent scholars. However, his opinion on Islamic sciences such as fiqh, hadith, tafsīr and their historical development have rarely been subject of investigation. This article aims to present Ibn Khaldūn’s views on the history of fiqh and its impact on modern historiography of Islamic law through Muslim and Orientalist scholarship. The main framework of history of fiqh in his Muqaddimah gave both Muslim and Western scholarship of history of Islamic Law an opportunity to reconsider established views. After imperial politics and cultural impact of western countries on Islamic societies, Muslim scholars and intellectuals tried to find solutions for increased modern problems and intercept western challenge. As a result of this consideration, call for ijtihād arose among Muslim scholars. They used Ibn Khaldūn’s concept of the history of Islamic Law in order to justify their thesis by periodization of the history of Islamic Law within the framework of ijtihād and taqlīd. On the other hand, since the main concern of western scholars is the origin of Islamic Law, they applied his opinions to their approach to the early development of Islamic law. Although both Muslim and Orientalist discourses used his attitude for legitimating their conceptions, they did not consider his historical context.

İslam Hukuk Tarihini İbn Haldun Üzerinden Okumak: İbn Haldun un Modern Dönem İslam Hukuk Tarihi Yazıcılığına Etkileri

As an Ash‘arī and Mālikī jurist, Ibn Khaldūn’s various theories, ranging from economics to politics, sociology to philosophy, and history to literature have long been subject of inquiry by prominent scholars. However, his opinion on Islamic sciences such as fiqh, hadith, tafsīr and their historical development have rarely been subject of investigation. This article aims to present Ibn Khaldūn’s views on the history of fiqh and its impact on modern historiography of Islamic law through Muslim and Orientalist scholarship. The main framework of history of fiqh in his Muqaddimah gave both Muslim and Western scholarship of history of Islamic Law an opportunity to reconsider established views. After imperial politics and cultural impact of western countries on Islamic societies, Muslim scholars and intellectuals tried to find solutions for increased modern problems and intercept western challenge. As a result of this consideration, call for ijtihād arose among Muslim scholars. They used Ibn Khaldūn’s concept of the history of Islamic Law in order to justify their thesis by periodization of the history of Islamic Law within the framework of ijtihād and taqlīd. On the other hand, since the main concern of western scholars is the origin of Islamic Law, they applied his opinions to their approach to the early development of Islamic law. Although both Muslim and Orientalist discourses used his attitude for legitimating their conceptions, they did not consider his historical context.

Posisi kitab al-Muwatta dalam sejarah hukum Islam: analisis atas pandangan Yasin Dutton

This article discusses an academic discourse on the origin of Islamic Law by describing third school between two schools existing in this controversial field. By descriptive and comparative method, this article tries to describe how Yasin Dutton views on the beginning of Islamic Law’s construction, and then how he digs his hypothesis against two dominant schools involved in the discussion of the date of Islamic Law birth. Dutton finds that if the Qur’an is the first written formulation of Islam in general, al-Muwatta of Malik is arguably the first written formulation of the Islam-in-practice’ that becomes Islamic law. This way is missing in the first and second school attention. He considers the methods used by Malik in the Muwatta‘ to derive the judgements of the law from the Qur’an is thus concerned on one level with the finer details of Qur’anic interpretation. However, since any discussion of the Qur’an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions’ and living tradition’), also receives considerable attention. it is impossible, for Dutton, to find that these two main legitimate sources, textual and practical, will be different and in dispute. This third school wanted to fill the gap between these two schools using different object and argument although in someway meet in same conclusion.

İslam Hukuk Tarihini İbn Haldûn Üzerinden Okumak: İbn Haldûn'un Modern Dönem İslam Hukuk Tarihi Yazıcılığına Etkileri

Bir Eş'âri ve Mâliki fakihi olan İbn Haldûn'un ekonomiden siyasete, sosyolojiden felsefeye, tarihten edebiyata birçok alandaki teorileri üzerinde çalışılmakla beraber, İslamî ilimler ve bunların tarihlerine dair görüşleri ne yazık ki çok az araştırmaya konu edilmiştir. Bu yazının amacı İbn Haldûn'un fıkıh tarihiyle ilgili görüşlerini verip bunun modern dönem fıkıh tarihi yazıcılığına etkilerini Müslüman akademi ile ve Oryantalist İslam hukuk tarihçiliği üzerinden incelemektir. İbn Haldûn'un Mukaddime'de fıkıh tarihiyle ilgili sunmuş olduğu çerçeve, Müslüman İslam hukuk tarihi yazarlarıyla Oryantalistlere kendi tezlerine meşruiyet kazandırmak için önemli imkânlar sunmuştur. Özellikle Batılı devletlerin İslam coğrafyasındaki sömürge politikaları sonucunda gün yüzüne çıkan modern problemlere çözüm bulma çabasında olan Müslüman bilginler, ictihâd vurgusunu yüksek bir şekilde seslendirdiler. Bu çerçevede fıkıh tarihini de bir ictihâd tarihi olarak görüp onu ictihâd ve taklîd ekseninde dönemlendirdiler. Bunu yaparken İbn Haldûn'un seleflerinden farklı bir perspektifle ortaya koyduğu fıkıh tarihi yaklaşımından yararlandılar. Batılı İslam hukuk tarihçileri de temel problemleri olan İslam hukukunun kökeni meselesini incelerken İbn Haldûn'dan çokça istifade etmişlerdir. Her iki taraf da kendi teorilerini meşrulaştırmak için İbn Haldûn'un görüşlerinden azami derecede istifade etmekle beraber onun tarihsel bağlamını göz ardı etmişlerdir.

The Qurʾānic Term "Kalāla." Studies in Arabic Language and Poetry, "Ḥadīṯ," "Tafsīr," and "Fiqh": Notes on the Origins of Islamic Law. Agostino Cilardo

<i>The Qurʾānic Term "Kalāla." Studies in Arabic Language and Poetry, "Ḥadīṯ," "Tafsīr," and "Fiqh": Notes on the Origins of Islamic Law</i>. Agostino Cilardo

YASIN DUTTON, The Origins of Islamic Law: The Qur⊃an, the Muwatta⊃and Madinian⊂Amal (London: Curzon Press, 1999). $80.00 cloth.

Yasin Dutton makes a significant contribution to our understanding of the juristic activity in early Islam. His book produces a systematic and thorough study of the methodologies and legal techniques of Malik's Muwatta⊃, and in so doing, it sheds important light on the origins of Islamic law. Dutton carefully documents Malik's reliance on the Qur⊃an and the ⊂amal (practice) of the people of Medina in formulating early Islamic legal doctrines. In this context, Dutton challenges much of Western scholarship, which tended to minimize the role of the Qur⊃an and the Prophetic sunna in the development of early Islamic jurisprudence. The Qur⊃an, sunna, and ⊂amal, Dutton argues, formed integral components of early Medinian juristic discourses. Importantly, Dutton calls for a more sophisticated understanding of the concept of ⊂amal. He distinguishes between sunna and ⊂amal and between sunna and hadith. Sunna, Dutton contends, consists of the collective inherited precedent of the Prophet. In many ways, it is the Qur⊃anic precedent as well as the interpretations and ijtih―ad of the Prophet as remembered, in a general sense, by the early Muslim community. ⊂Amal, on the other hand, is the Qur⊃an and sunna in action as well as the interpretations and ijtih―ad of the companions, successors, and successors of the successors. Therefore, in a sense, Dutton argues that all ⊂amal includes the sunna, but not all sunna includes ⊂amal.

The Near and Middle East - Yasin Dutton: The origins of Islamic law. The Qur'an, the Muwaṭṭa', and Medinan ՙAmal. (Culture and Civilization in the Middle East.) xiv, 264 pp. Richmond: Curzon Press, 1999. £40.

The Near and Middle East - Yasin Dutton: The origins of Islamic law. The Qur'an, the Muwaṭṭa', and Medinan ՙAmal. (Culture and Civilization in the Middle East.) xiv, 264 pp. Richmond: Curzon Press, 1999. £40. - Volume 63 Issue 2

The Origins of Islamic Law: The Qur'an, the Muwatta' and Madinan 'Amal

The Origins of Islamic Law: The Qur'an, the Muwatta' and Madinan 'Amal