Perspective Of Islamic Jurisprudence Research Articles

Muslim women's work

Islam's view of women and their rights is a multifaceted view. Islam’s view of women includes all their aspects and roles, therefore respecting their rights in society as human beings also as a mother, a sister and as a daughter. For each of these women’s status (human being, mother, sister, girl), Islam assigned the rights and fair duties to them and saved them from the oppression of ignorance that has been done to them. Islam also has raised their status and given them the right to participate in building society and improving their levels and abilities. The ruling on women working outside the home is one of the issues that is debated in Islamic centres, Jurisprudence and religious centres have conducted detailed research in this area. If we look at human society today, we see that many women have proved their skills in their work and expertise. They have an active partnership in the development of societies in all areas, even some of those areas that cannot be done without women and without women's participation are close to disability and immobility. At the same time, the work of women in societies has created some problems for society, and women themselves have increased their obligations because of their work and has caused some social problems, including increased crisis and delay in marriage as well as some crimes and other problems. This research aims to discuss the ruling on women working outside the home and determine the conditions and guidelines of this issue and the appropriate places that exist for women to work and the impact of women's work in the economic development of countries and societies. It raises all these from the perspective of Islamic jurisprudence.

Employment of Zakat Funds in Islam: A Jurisprudential Study

Zakat is mandatory contribution in Islam. It is the command (Pherman) of Allah revealed in holy interaction/discourse of Prophet Mohammad (PBUH) with Allah. Islam stands for social and economic solidarity among the followers of Islam. It seeks to provide the basic needs of the individual out of the Zakat contribution pool. For this study, the aim is to discuss the noble and holy idea of employing zakat funds. The employment of Zakat funds are permissible in certain forms and prohibited in some. This distinction is made from the perspective of Islamic jurisprudence. The study proceeded with this aim and reached the following results: (i) the employment of zakat funds is undoubtedly meant for helping the poor, disabled, destitute, and sick or orphaned individuals. (ii) Zakat has five forms in which Zakat funds are deployed/dispensed; (iii) Zakat funds take the form of investment; (iv) Zakat funds are meant to be spent in public interests; (v) Zakat funds are converted into endowments. The forms of spending (iii) and (v) are prohibited by some jurists. They contend that the permissible forms of fund-employment are: (a) providing a vocational tool (felicitation giving equipment such as tools, instruments or other things) to the needy; (b) establishing projects that benefit the poor as a privileged group/class. The study makes recommendation that Zakat controlling institutions should take care of employment of Zakat resources-pool/reservoir in providing jobs to the unemployed poor and others eligible as per Islamic philosophy and the provision of vocational tools, instruments or equipment so that the eligible poor skilled individuals are able to work more efficiently to earn their livelihood.

Financial Rights of a Divorced Woman: From the Perspective of Islamic Jurisprudence and Afghan Civil Law

Financial Rights of a Divorced Woman: From the Perspective of Islamic Jurisprudence and Afghan Civil Law

Wild Divorce Solutions: Perspectives from Law Number 1 of 1974, Law Number 7 of 1989, and the Compilation of Islamic Law

<em>This study acknowledges about the illegal divorce that husbands have imposed outside the court of the perspective of Marriage Law in Indonesia. There are three problems that will be answered in this study. First, how are the illegal divorce law problems in the perspective of Indonesian Marriage Law and Islamic Jurisprudence? Second, how is the illegal divorce urgency in the perspective of Islamic Jurisprudence and Indonesian Marriage Law? Third, how is the Marriage Law solution in Indonesia against the illegal divorce? To answer these problems, a literature study has been done. Data about the illegal divorce is obtained from books or Islamic Jurisprudence books, laws or regulations, and electronic data through the website. These data are processed, analyzed, and used as materials to study about the illegal divorce by using the normative legal study methods. The results of the research have found answers to the problems above, first, there are four of the illegal divorce law problems, such as its validity, lack of legal protection, the illegal divorce couples can’t legally marry another person, and they also can’t get the rights after divorce.</em>

What an Important Implementation of the Educational Rights of Adopted Children in Indonesia from an Islamic Jurisprudence Perspective?

What an Important Implementation of the Educational Rights of Adopted Children in Indonesia from an Islamic Jurisprudence Perspective?

Buying and Selling Weapons of Mass Destruction from the Perspective of Islamic jurisprudence

The purchase and sale of weapons of mass destruction is the issue of this research, the main question of the research is, "What is the view of Islamic jurisprudence about the primary and secondary rulings of trading these types of weapons?" This research, Baroosh Ijtihadi, argumentative and analytical has given an answer to this question, based on which it can be said that from the perspective of Islamic jurisprudence, buying and selling weapons of mass destruction (such as nuclear, microwave, chemical weapons, except for their new generation) due to the sanctity of donations, are instruments of corruption. , harm, corruption, extravagance and the principles of preserving the lives of animals and other creatures of the world and the environment, even in case of emergency and reciprocation, are prohibited. The point of view that buying and selling it for the purpose of defense, deterrence, in case of emergency and retaliating is considered permissible and is inconsistent with the principles and foundations of Islamic Jihad. Therefore, from the point of view of Islamic jurisprudence, buying and selling it is forbidden.

Teaching the Knowledge of Making Nuclear Weapons from the Perspective of Islamic Jurisprudence

Teaching the knowledge of making nuclear weapons from the perspective of Islamic jurisprudence is the main issue of this research, the main question of the research is "What is the view of Islamic jurisprudence about teaching the knowledge of making nuclear weapons?" This research, Baroosh Ijtihadi, argumentative and analytical, has given an answer to this question based on which it can be said that from the perspective of Islamic jurisprudence, teaching the knowledge of making nuclear weapons that leads to the production and use of weapons of mass destruction is forbidden according to the first ruling, but if it causes defensive deterrence. And there is nothing wrong with confronting or repelling the use of nuclear weapons by the enemy. However, at the time of the presence of Masoomin (peace be upon her), there was no trace of the knowledge of making nuclear weapons to express its verdict. However, in the article, the author considered its ruling to be usable from the point of view of Islamic jurisprudence based on some Sharia proofs.

Change in Religious Understanding and Language Shift of the Recitations of the Quran and Hadith in the Perspective of Islamic Jurisprudence

This writing aims to analyze the occurrence of changes in the understanding of the community and the shift in language of some recitations of the Quran and Hadith from the perspective of Islamic jurisprudence (fiqh). Understanding religion cannot be separated from the issue of language shift because the fundamental sources of Islamic teachings are the Quran and Hadith, both of which are in Arabic. The translation of verses from the Quran and Hadith into the Indonesian language is not without uncertainties. For example, the change in understanding of the word "telapak tangan" (palm of the hand) as a translation of the Arabic term "kaff," which excludes the back part of the palm, leading to difficulties in practice. This study is a literature review, and data collection and analysis were conducted using this method. Changes in the community's understanding of these words can be observed in the everyday practices of the community (observation). The results of the study indicate that one of the changes in the community's understanding is the shift from the term "kaff" to "telapak tangan." Its influence can be seen in the understanding and application of the boundaries of the female aurah (parts to be covered) and the attire during ihram. Based on Hadith, most people consider the boundaries of a woman's aurah to be everything except the face and both palms. In fiqh, it is mentioned that a woman in ihram is prohibited from covering her face and both palms. This understanding and practice differ from what is intended in the Hadith and fiqh texts.

Untung Rugi Perjanjian Pra-Nikah: Analisis Yuridis Islam dan Hukum Positif

his study aims to analyze the views of Islamic scholars on prenuptial agreements in the perspective of Islamic jurisprudence (fiqh) in Indonesia. The research method used is document analysis of relevant fatwas from various sources, such as official websites of fatwa institutions, fiqh books, and scholarly articles discussing prenuptial agreements. The study shows that Islamic scholars do not oppose prenuptial agreements with certain conditions; in fact, they view it as a way to prevent conflicts by clearly defining the rights and obligations of couples. Although permitted in Islam, agreements must be made in good faith and in accordance with religious values and principles of justice. This study enriches the understanding of the practice of prenuptial agreements in Islam and its relevance in Indonesian Muslim society. The findings are expected to guide the government, prospective couples, and researchers in developing policies and further research related to modern marriage in Indonesia.

Problematika Haji dan Umrah Berulang Kali Menurut Ali Mustafa Yaqub dalam Perspektif Fikih Islam

This research aims to discuss the problems of repeated Hajj and Umrah according to Ali Mustafa Yaqub from the perspective of Islamic jurisprudence. This research includes library research with a normative and methodological approach. The existing data was collected then processed and analyzed using content analysis and comparative analysis methods. The results of the research show that Ali Mustafa Yaqub's opinion in forbidding or disallowing Hajj and Umrah is repeatedly different from what is understood by fiqh scholars. The Prophet's deeds. who only performs Hajj once and performs Umrah four times not because he hates this act, but because of several other reasons behind it. The argument that social worship is more important than the Sunnah Hajj and Umrah is also inappropriate because it is only based on a textual understanding of the propositions. Every Muslim may perform the Hajj or Umrah whenever he is able to do it while taking into account the advantages and disadvantages that may occur during the journey, such as when he does not have the physical strength or funds, the atmosphere is not conducive, or for other reasons that cause someone not to be able to go at that time.

Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence

This scholarly article examines the judgments rendered by Religious Courts concerning disputes related to the revocation of grants, employing the viewpoint of Islamic jurisprudence and the maslahah theory. In this instance, the judicial panel overseeing the dispute related to the cancellation of the grant primarily invoked the provisions outlined in Article 35, Paragraph 1, and Article 36, Paragraph 1 of the Marriage Act (Law Number 1 of 1974), which pertain to joint property, along with Article 1338 of the Civil Code, addressing agreements. Consequently, the judges disregarded the article pertaining to the right to withdraw the grant’s subject, even though the grant is given without the consent of the other heirs. Meanwhile, in accordance with the maslahah theory, decisions rendered by a panel of judges in the Religious Court ideally aim to actualize the concept of Maqasid al-Shari’ah, specifically focused on the preservation of both property and descendants. This approach helps mitigate adverse consequences that may arise within familial dynamics, particularly in relationships between parents and their heirs. Nevertheless, in accordance with Hans Kelsen’s justice theory, the deliberations undertaken by judges when adjudicating cases involving the revocation of grants often exhibit inconsistency in the application of the pertinent legal framework, thereby leading to a partial realization of the intended concept of justice.

EKSISTENSI PENGALIHAN PENANGGUNGJAWABAN MENCARI NAFKAH TERHADAP ISTRI MENURUT PERSPEKTIF ILMU FIKIH DAN ILMU PSIKOLOGI

Marriage is a way to form a family with sacred ties and based on religious teachings. The existence of this marriage bond will give rise to rights and obligations. Among the duties of a wife are to obey her husband and maintain his honor. Meanwhile, the husband's obligations include the obligation to provide maintenance. Brebes is the second largest district in Central Java Province. This research aims to determine and analyze the impact of the transfer of earning a living on the wife, the factors causing it and the law on the transfer of earning a living from the perspective of Islamic jurisprudence and psychology. This research uses a qualitative approach with a case study type. The results of this research show that: (1) there are 4 negative impacts and 2 positive impacts experienced by the transfer of responsibility for earning a living to wives in Brebes District, (2) there are 4 factors that cause wives to choose to earn a living in Brebes District, ( 3) The transfer of responsibility for earning a living to the wife gives rise to laws in jurisprudence based on several circumstances and also the existence of a wife who plays a dual role can affect marital and family harmony, as well as affect the wife's mental condition.

Ruling of lost inheritance from the perspective of Islamic jurisprudence and civil law of Afghanistan

:چکیده میراث یکی از جمله موضوعات مهم است که احکام آن پس از مرگ حقیقی و یا حکمی (مفقودیت) شخص در رابطه به اموال او به وارثینش تعلق میگیرد. حق ارث در قانون مدنی افغانستان و فقه اسلامی یکی از جمله طرق کسب ملکیت شناخته شده و احکام مشخص خود را دارد، و درین رساله حکم میراث شخص مفقود در پرتو فقه اسلامی و قانون مدنی مورد بحث قرار گرفته است. هدف اساسی این تحقیق بیان احکام و قواعد فقهی میراث مفقود میباشد. احکام میراث مفقود نقش بارز در تحقق عدالت دارد؛ زیرا با آشنایی این قواعد از یک طرف سبب میشود تا اشخاص حقوق خود را نسبت به اموال مورث خویش بشناسند و از طرف دیگر زمینه ی اجرای عدالت اجتماعی را برای دست اندرکاران مسؤلین بخش عدلی و قضایی آسان و فراهم میسازد. با توجه به منابع فقه اسلامی و قانون مدنی به این نتیجه رسیدیم که شخص مفقود دو حالت دارد: یکی اینکه نسبت به اموال مورث خود به صفت وارث قرار گرفته حق وی تا زمان برگشت و یا حکم به وفات آن از طرف قاضی موقوف و محفوظ گذاشته میشود و در حالت دوم مفقود به عنوان مورث قرار میگرد و اموال وی الی زمان صدور حکم حاکم قابل تقسیم نمیباشد. و مدت زمان برای انتظار مفقود میان فقهاء اختلاف نظر است که به روایت راجح این مدت زمان موکول به رأی و اجتهاد قاضی میباشد. قابل ذکر است در این تحقیق به مطالعه تحلیل و ارزیابی مطالب و مباحث فقهی، از روش توصیفی – تحلیلی و در گردآوری مطالب آن از روش کتاب‌خانه‌ای بهره برداری صورت گرفته است. :واژه های کلیدی حکم، میراث، فرائض،حق، مفقود، مال، موقوف

Tourism From the Perspective of Islamic Jurisprudence

Tourism From the Perspective of Islamic Jurisprudence

Analysis of the Principles of Inheritance and Succession in Ferdowsi's Shahnameh from the Perspective of Islamic Jurisprudence

Analysis of the Principles of Inheritance and Succession in Ferdowsi's Shahnameh from the Perspective of Islamic Jurisprudence

Pandangan Islam Terhadap Pengembangan Dan Pemanfaatan Sains Dan Teknologi

The development and use of technology as a human activity in the perspective of Islamic jurisprudence is included in the category of something that is subject to law. So this activity must also be closely related to Islamic law itself, starting from taklifi law to wadl'i law. This research is a literature study. In data collection techniques, the authors explore scientific papers as well as several credible sites that discuss topics regarding Islam and technology, such as credible news sites, scientific papers obtained from several journals, both from Islamic journals. as well as universal journals such as the Technology Journal. The results of this discussion show that, 1. Islamic Views in the Development and Utilization of Science and Technology, including: a) Islamic views in the Development and Utilization of Science and Technology, studying and developing a technology as a tool for the benefit of human life has several advantages starting from fiqh law , moral values, to evidence of servitude to Allah SWT. b) Shari'a Goals in the Development and Utilization of Technology. In summary, if a technology has become a medium/tool in realizing the needs of human life: primary, secondary, and tertiary needs, then the law of technological development which was originally fardu kifayah can turn into fardu ain, sunah, and as a priority. c) The Islamic view on the use or use of technology, the use or use of technology is very close to the purpose of using the technology itself. d) The Polemic on the Use of Loudspeaker Technology (Toa), the use of loudspeakers in the range of 100 db as stated by the Minister of Religion in his circular letter is makruh, it can even be illegal. 2. Development and utilization of science and technology in terms of benefit and resistance to damage in Islam, including: a) Maslahat and Mafsadat levels, religious orders to create benefit are orders to realize various good deeds (al-ihsānu). While the essence of good deeds is the activity of realizing benefit and resisting damage. b) How to determine Benefit and Harm, Ukhrowi, Shari'a (an-Naqlu wa asSyar`i) and Worldly, Intellect, experimentation, and customs (al-`aqlu wa at- Tajarrubu Wa al-Ādatu) c) Charities Human Actions in the Perspective of Generating Benefit and Rejecting Damage, Benefit (al-maṣlahatu), Cause of worldly benefit, Cause of ukhrowi benefit and Cause of worldly and ukhrowi benefit ) Science and Technology as Tools and Media to Realize Benefit and Refuse Damage, media law is in harmony with the law of the purpose of using the media itself. If the goal is unlawful, makruh, obligatory mubah, or sunna, then media law and the cause is also unlawful, makruh, mubah, obligatory, or sunnah

Evaluating E-Wallet and Its Advantages in E-Marketplaces from an Islamic Jurisprudence Perspective

Evaluating E-Wallet and Its Advantages in E-Marketplaces from an Islamic Jurisprudence Perspective

Applying Risk-Taking in Islamic Banking and Finance from the Perspective of Islamic Jurisprudence

Islamic financial Institutions are expected to take considerable business risks when earning from their financial dealings. The objective of this study is to clarify the concept of risk in Islamic commercial financial transactions from the fiqhi (or Islamic Jurisprudence) perspective and analytically evaluate the selected three issues having place in the practice of Islamic finance based on the concept of risk taking maintained by Islamic fiqh. This is desk-based research where data has been collected from various sources such as classical fiqh books, regulators’ policy documents and guidelines, and journal articles. This study employed mixed methods of literature review and qualitative content analysis to analyze the data critically in search of assertive findings. The study revealed the issues relating to risk-taking behaviour of Islamic financial institutions (IFIs) as, amongst others, charging the cost of the fund on defaulting customers, holding the lessee liable for the total loss of leased assets under Ijārah Thumma al-Bay’(AITAB) and capital guarantee under Mushārakah based instruments. This study suggests that Institutions facilitating Islamic financial instruments shall have to evaluate the business risk based on their subjects namely (i) property (māl) and (ii) work (ʿamal) in ensuring the fulfilment of Shariah principles and expected risk-taking concept embedded in contracts or instruments without diverting them. Analysis of the selected cases in this research identified that when risk-taking principle is breached, the prohibited elements, such as Ribā, Gharar and Maysir, do arise and that they impede the realization of the Maqāṣid al-Shariah intended for Islamic financial contracts. This research would allow the Shariah scholars and legal authorities in the Islamic financial industry to extend their knowledge on issues in the practice of Islamic finance pertaining to risk-taking behaviours that are expected by the IFIs.

Human relations in a multi-religious society from the perspective of Islamic jurisprudence

Today, many Muslims travel to non-Muslim countries as immigrants or for business, study, work, or other purposes. Therefore, building a peaceful and stable multi-religious society has become a necessity to bring forth communal harmony. The books of Fiqh are full of many juristic rulings related to the relationships between Muslims and non-Muslims in the fields of trade, renting and leasing, representation, partnership, marriage, divorce, and other fields included in different chapters of Fiqh sources. This research aims to focus on the juristic rulings of Muslims and non-Muslims’ relationships that abound in different sections of Islamic Fiqh by collecting and unifying them under one theme. It also seeks to shed light on the diversity of people’s beliefs, religions, and the different juristic rulings resulting from this vast diversity. In Islam, as discussed in this research, the principle that governs human relations is the establishment peace rather than conflict. The flexibility of Islamic Shari’a and its rulings prove the possibility of building a multi-religious society governed tolerance, freedom of belief, protection of human dignity, justice, peaceful coexistence and human cooperation.

Child Trafficking Victim Protection in the United Arab Emirates Legislation from the Perspective of Islamic Jurisprudence

This study examines the model of protecting victims of child trafficking in the UAE from the perspective of Islamic jurisprudence, through research, analysis, and legal texts in UAE law related to human trafficking crimes, and through research on Sharia provisions in Islam. This study aims to examine the protection model for victims of child trafficking in the UAE legislation and Islamic jurisprudence, analyze the effects of the phenomenon of child trafficking, and evaluate the model for protecting victims of child trafficking in the UAE from the perspective of Islamic jurisprudence. To achieve these objectives, the researcher applies the descriptive-analytical method. The study concludes that the crime of child trafficking is not a domestic crime in the United Arab Emirates, but rather a crime with an international and global dimension The United Arab Emirates is a catalyst for the crime of human trafficking as a result of its high degree of safety, the multiplicity of nationalities inhabiting it and suffering from poverty in their countries of origin .The spread of poverty, unemployment, the desire to get rich quickly, the weakness of moral and religious scruples, and the lack of censorship on websites are among the most important reasons for the spread of the crime of child trafficking .Despite the various intensive efforts to combat this crime, following the instructions of the Islamic Sharia, which laid down provisions and texts that meet the protection of human beings in all aspects of life from inception to death, the rate of human trafficking cases in the United Arab Emirates is constantly increasing .The most important recommendations of the study are the need for government legal authorities to make greater efforts to organize and follow up the residency and nationalities of foreigners, especially children, as they are closely related to the crime of human trafficking.