Practice Of Islamic Law Research Articles

Conflict And Consensus in Fiqh Siyasah: The Practice of Islamic Law Across Various Cultures

The Acehnese in various regions face the challenge of reconciling Islamic teachings with local cultural realities. Addressing religion-based conflicts is particularly difficult because local cultures often contain norms and traditions that differ from Islamic teachings. This research aims to explore how the dynamics of conflict and consensus in fiqh siyasah shape the cultural life of the Acehnese. The research consolidates previous studies using a Systematic Literature Review (SLR). The findings indicate that the practice of siyasah jurisprudence is highly relevant in fostering social solidarity and tolerance. Local traditions and customs hold deep significance for the Acehnese community; however, conflicts often arise due to differences in approaches and interpretations of Islamic law, leading to tension, mistrust, and suspicion among individuals. Presently, religion-based conflicts are mediated solely by Sharia courts, raising concerns as the prevailing consensus favors a socio-cultural approach. Such resolution methods generate diverse perspectives, as decisions made by customary institutions may not endure in a dynamic socio-cultural context. Although the Acehnese community firmly adheres to a culture-based approach, religious issues remain difficult to compromise. These findings imply a need for harmonization between local customs and interpretations of Islamic law to reduce conflict.

Jusaph Sales Practice in Islamic Law

İslam, hayatın tüm alanlarında olduğu gibi iktisadi hayatı da düzenleyici ve kolaylaştırıcı ilkeler getirmiştir. Bu uygulamalardan biri olan “Cüzâf” satış işlemi, toplumun ona olan ihtiyacı sebebiyle günümüzde de yaygın bir şekilde uygulanmaktadır. Halk arasında tahmini satış, kabala satış ve götürü satış olarak da bilinen cüzaf satış için mezhepler, ilgili naslar ve uygulamalara bakarak birtakım şartlar belirlemiştir. Dünyevi her türlü faaliyetlerini helal ve meşru çerçevede yapmak zorunda olan bir Müslüman bu şartlara riayet etmek zorundadır. Buna göre; Cüzafen satışı yapılacak mal hakkında tarafların yeterli bilgiye sahip olması gerekir. Bilgi sahibi olmak; malın daha önceden taraflarca görülmesi, herhangi bir aldanmaya mahal vermeyecek şekilde bilgisinin elde edilmesi, bilinen işaretlerle diğerlerinden ayrıştırılması gerekir. Cüzaf, tahmin üzere bir satış olduğu için önceden tarafların miktarı bilmiyor olması esastır. Cüzaf satışın ölçülüp tartılabilen veya sayımında zorluk bulunan ürünlerden olması gerekir. Cüzaf satışta tahmin yürütmede ehil, tecrübeli insanların olması şartı, fahiş bir hatanın oluşmasını önleyerek, işlemde yanılma payını azaltmaktadır. Cüzafen satışı yapılacak ürünün ne kolayca ölçülüp tartılacak miktarda az olması, ne de öyle hemen ölçülüp tartılamayacak boyutta çok olmaması da belirlenen şartlardandır. Cüzaf satışı yapılacak ürün yığınının düz bir zeminde olması da aldanmaları önlemeye yöneliktir. Alıcı ve satıcının ürün miktarını tahminde aldanmalarına sebep olabilecek tümseklik ve çukurların bulunmaması gerekir. Ölçmeden tartmadan tahmin üzere yapılan cüzaf satışta, satılan yığının bir kısmında ölçü ve tartı aletleri kullanmak yasaklanmıştır. Çünkü fıkıhta “safkateyn” olarak isimlendirilen bu işlem, Hz. Peygamber (sas) tarafından yasaklanmıştır. Cüzaf satışta belirlenen bu şartlar, her iki bedelin de mal olduğu durumlarda işlemin ribaya dönüşmesini engellemektedir. Konuyla ilgili olarak mezheplerin bazen ittifak ederek, bazen de ihtilaf ederek ortaya koyduğu hükümler, konun daha anlaşılır olmasına katkı sağlamıştır.

The Progressivity of Umar Ibn Al-Khattab's Ijtihad in Responding to Community Social Changes

This study aims to see how Umar Ibn Al-Khattab's legal ijtihad typology responds to social changes that occur in society. Ijtihad is a legal decision-making process based on syar'i arguments. During his leadership, Umar ibn Khattab was known to history as one of the caliphs who often performed ijtihad and the results often differed from those of other companions of the Prophet in terms of understanding and practice of Islamic law. Umar bin Khattab often recited the Quranic texts and hadith of the Prophet by contextualizing verses and hadiths through his maqasid approach. This research uses normative legal research methods. The data were obtained through literature review and analyzed using a descriptive analysis approach. The results showed that Umar's ijtihad pattern of Islamic law in some cases is considered as an integrated, integral, and authentic understanding in order to realize the benefit of Muslims. He carried out the policy of Islamic law by paying attention to rapidly developing social changes. Although his Ijtihad seems contrary to the provisions of the text, in fact Umar can be said to be able to understand the general principles (al-ushul al-kulliyat) of the Koran. So that the Quranic text, which has descended historically, can always provide answers and solutions to social problems of society that are always undergoing changes.

Songkabala Tradition in the Makassarese Society: Local Values and Messages of the Al-Qur’an an Anthropological Perspective on Islamic Law

Local traditions as religious practices in Indonesian society experience dialectic and integration of Islamic teachings. Every ethnicity in Indonesia has socio-cultural mechanisms in dealing with calamities and disasters which are influenced by religion and customs. This then dialectic with the practice of Islamic law. The study seeks to examine songkabala, a tradition of mutual acceptance in the Makassarese society. These traditions are local values that contain Al-Qur’anic teachings. This is an empirical legal study employing an anthropological perspective on Islamic law. In-depth interviews and literature reviews focused on three districts inhabited by Makassarese, namely Maros, Gowa, and Takalar, were employed to collect data. The study indicates that songkabala is the spirit of Al-Qur’anic verses associated to human responses to calamity, including remembrance of Allah, gratitude, and ritualized prayer. Songkabala is a Makassarese folk tradition that contains Al-Qur’anic themes. The verses of the Al-Qur’an indicate that the command to pray and the remembrance of Allah are incorporated into the songkabala ritual. Consequently, there is no incompatibility between the songkabala tradition and the teachings of the Al-Qur’an.

Persianate Fiqh in Indonesia: Majmuʿih-yi Khani as a Rare Legal Manuscript in a Cosmopolitan Context

Abstract It is often said that the Shafiʿi school of law was the main source of the Malay-Indonesian Islamic legal tradition and codes during the last couple of centuries. However, one may wonder if further Islamic legal schools were welcomed in the archipelago and, if so, how and under what circumstances. On this subject, the author examines a rare, thick, fragile, and rare Persian manuscript. Copied in the seventeenth century, the manuscript in question is a work that was not only in the possession of Malay-speaking people. The manuscript clearly shows an attempt to translate it into local languages and to expand its jurisprudential clauses. Being a comprehensive source for the study and practice of Islamic law, it includes both Sunni and Shiʿi classical legal treatises, their Qurʾanic commentaries on “legal verses,” and relevant theological comments. This source has the potential to invite scholars to re-examine the context of seventeenth and eighteenth-century Southeast Asian manuscripts which used to be known as the turning point towards “Shariatization” by means of Arabo-Sunni legal and theological treatises, and to raise a more robust conjecture about the cosmopolitan nature of the Indonesian archipelago.

Persepsi Masyarakat Muslim Terhadap Praktik Suntik Putih: Studi Kasus Pada Salon Kecantikan

Whitening injection was a treatment method used by injecting vitamin C directly into the blood vessels. It is forbidden in Islamic law. It was necessary to know more about the background of the social reality of the community, social factors of the community, social symptoms and the condition of the community in Pule Village, Kandat District, Kediri Regency, where was the reason why people continue to practice whitening injections. according to the perspective of the sociology of Islamic law, it was seen as a change in social behaviour from strict adherence to sharia law. People had no obedience and practice of Islamic law in their social behaviour in society. It was supposed to be illegal, but it was still done by salon owners and customers. Salon owners still provide whitening injection treatments because of economic factors. Meanwhile, customers still did whitening injections because of aesthetic factors. Meanwhile, some people in Pule Village, Kandat District, Kediri Regency, know the law regarding the prohibition of white injection so they did not practice whitening injection. Therefore, religious leaders as social controllers who understand Islamic sharia should educate the public about how the white injection law was to prevent this practice.

The Problems of the Relationship between Science and Religion in Qibla Direction Calibration at the Great Mosque of Demak and Baiturrahman Mosque in Semarang, Indonesia

The relationship between science and religion in the practice of Islamic law (fiqh) is dilemmatic. On the one hand, science is in harmony with religion, and the two are mutually exclusive on the other hand. This article includes the last category by presenting evidence from two cases of Qibla direction calibration in Indonesia. The author focuses on the disagreement between fiqh and scientific results on the calibration of the Qibla direction at the Great Mosque of Demak and Baiturrahman Mosque in Semarang, Indonesia. Using literature research and content analysis, the author finds that fiqh’s rejection of science lies in the intersection of fiqh with Sufistic elements and the reality of social establishment. In the Qibla’s case direction at the Great Mosque of Demak, they believe that Sunan Kalijaga determined the direction of the Qibla in the mosque, and the mosque has a switched historic value. In contrast to the case of the Qibla direction at the Baiturahman Mosque in Semarang, which has no historical value and the Qibla direction was previously determined using a simple tool, they reasoned that changing the prayer lines in the mosque could cause discomfort and lack of stability for the congregation when carrying out prayer rituals. Thus, a scientific integration approach is needed in handling the gap between science and religion in religious practice in Indonesia.

To veil or not to veil? Islamic dress and control over women’s public appearance

ABSTRACT Women’s public appearance is subject to ongoing debates. In many parts of the world, women have been forced to cover their body, or to uncover it, due to incompatibility with local, cultural or religious values. This paper is based on ethnographic fieldwork conducted between August 2016 and February 2017 in Aceh, Indonesia; the only province with a special autonomous right to implement Islamic law. This paper aims to look at how Aceh’s shari’a regulates people’s public appearance. The research found that Aceh’s shari’a regulates women more than men and that the law has homogenized the interpretation of religious texts, which is monopolized by the government. The law endorses a unitary standard of women, into one standard model of femininity; particularly regarding their dress. Through the law, the government controls women’s bodies in public and imposes cultural uniformity onto them. This paper argues that the practice of Islamic law in Aceh disseminates a narrative of western hegemony through colonial legacies and stereotypes, in an Islamic culture that is male-dominated and in which women are subjugated.

Messick Brinkley. — Sharīʿa Scripts: A Historical Anthropology

Brinkley Messick’s long-awaited book is the fruit of several decades of reflection on the practice of Islamic law, following his 1993 classic The Calligraphic State. It is set in the author’s research terrain of predilection: Yemen’s central highlands in and around the city of Ibb. This predominantly agrarian world is rather distinct, as it never experienced colonial rule directly, neither under the Ottomans nor at the hands of subsequent foreign powers. Another exceptionalism is the nature o...

Socio-political factor of <em>qadá’</em> in eighth/fourteenth century Syria

La relación entre la teoría y la práctica en el derecho islámico puede ser examinada desde distintos puntos de vista. Por lo que se refiere a la sustancia del derecho islámico, se puede plantear la pregunta de cómo las normas de la šarī‛a son o pueden ser aplicadas. Otra pregunta relativa a los aspectos externos de la šarī‛a es hasta qué punto la situación política, la administración judicial, el sistema educativo y otros factores sociopolíticos permiten la existencia de una jurisdicción conforme a la šarī‛a. Los cadíes que no tienen las cualificaciones necesarias, cuya competencia se ve limitada por los gobernantes o cuyos juicios se ven influidos por los intereses políticos, no pueden ejercer el cadiazgo en el contexto de la šarī‛a. El análisis llevado a cabo en este artículo tiene como objetivo reconstruir el contexto socio-político de los cadíes en Siria durante los siglos VIII/XIV. A partir de los datos de varios diccionarios biográficos que contienen descripciones auténticas y detalladas de más de doscientos cadíes sirios, se demuestra que existían las pre-condiciones esenciales para ejercer el cadiazgo en aquella época y región. Se argumenta que los cadíes, junto con otros ulemas, formaban un cuerpo específico dentro del sistema estatal mameluco que, por una parte, era lo suficientemente fuerte como para resistir intervenciones políticas y, por otro lado, suministraba un alto nivel de formación legal y se beneficiaba al tiempo de él.

Islamic Law in South Asia: A Testament to Diversity

This chapter examines Islamic law in South Asia as a testament to the wide diversity of both Muslims and non-Muslims in the region. The chapter discusses several different Islamic trajectories in South Asia, with emphasis on Pakistan, Bangladesh, and India. These different national contexts demonstrate how the practice of Islamic law in South Asia can be of significance for Muslims worldwide, whether in contexts where Muslims comprise an overwhelming majority of a nation’s population (like Pakistan), or where they live along aside a sizeable non-Muslim minority (such as Bangladesh), or where Muslims form a significant minority population (as in India). This chapter also discusses sectarian diversity in South Asian Islamic law, from historical and contemporary perspectives, and how this sectarian diversity has deeply influenced the development of Islamic law in South Asia. Finally, this chapter considers sub-national diversity in South Asian Islamic law as a key area of future research.

EPISTEMOLOGI FIQH KEMADZHABAN NU

The Nahdlatul Ulama (NU) is quite well known as a religious community organization that maintains the tradition of fiqh with civilization. Because since its inception it has made the ASWAJA ideology the basis of theology, adhering to one of the four schools; Hanafi, Maliki, Shafi'i, and Hambali as guidelines in the practice of Islamic law. The tradition of this diversity often gets criticism and even blasphemy from various parties regarding its validity to live a religious life. Because NU is considered to not have a strong methodology thinking ground, especially in the field of Islamic law. This study examines the epistemology of the NU's kemadzhaban fiq both regarding the meaning of NU about fiqh bermadhab and the methodology of fiqh based on madzhab. The results of this study found that, the tradition of bermadzhab fiqh had started since the time of the Companions of the Prophet, according to NU according to NU not only taqli> d blind to the statements of the texts of the yellow book but to follow and develop the concept of thinking of the priests in establishing the law, and the system the establishment of the NU formulation law really has a strong scientific footing.

Исламская пресса в раннесоветском Дагестане и журнал «Мусульмане Советского Востока»

An analysis of a number of articles in imperial and early Soviet newspapers and journals, including “Jaridat Dagistan”, shows that the theological discussion that existed in Dagestan in manuscript tradition for more than three hundred years migrated to some extent to new press. This applies to some issues of the theory of Islamic law (the problem of taqlid and ijtihad), as well as some practical legal issues in the field of worship (‘ibada) and in the sphere of social relations (mu’amala).In the late 1960’s in Tashkent, the journal “Muslims of the Soviet Orient” was founded, many issues of which were sent to Dagestan in Uzbek (in Arabic script) and in Arabic; various issues of this journal are currently being found in a number of private collections in Dagestan. In many articles the influence of the already established Soviet Oriental scholarly tradition is noticeable. Articles devoted to the theory and practice of Islamic law, to various issues of Muslim theology, are practically absent. An analysis of the articles of this journal and the “Jaridat Dagistan” shows that if the latter was formed and edited exclusively by Dagestani theologians and served as a platform for discussing theological issues, the journal “Muslims of the Soviet Orient” was a Soviet attempt to represent Muslims and showed how they were seen or wanted to be seen by Soviet authority.

Ahmad Atif Ahmad, Structural Interrelations of Theory and Practice in Islamic Law: A Study of Six Works of Medieval Islamic Jurisprudence, Studies in Islamic Law and Society (Leiden: E. J. Brill, 2006). Pp. 212. $155.00 cloth.

Ahmad Atif Ahmad, Structural Interrelations of Theory and Practice in Islamic Law: A Study of Six Works of Medieval Islamic Jurisprudence, Studies in Islamic Law and Society (Leiden: E. J. Brill, 2006). Pp. 212. $155.00 cloth. - Volume 40 Issue 4

Structural Interrelations of Theory and Practice in Islamic Law: A Study of Six Works of Medieval Islamic Jurisprudence

Structural Interrelations of Theory and Practice in Islamic Law: A Study of Six Works of Medieval Islamic Jurisprudence

Pembudayaan Mazhab Syafi'i dalam Masyarakat Islam di Malaysia

The paper attempts to look into the process of enculturisation of Shafi'ite school of thought in education and Islamic law from the early period of Islam in the peninsular Malaya. The first part of the paper focuses on the process of educating Islamic law, formal and informal, followed by the practice of Islamic law in the country. The final part attempts to analyze the influence of websites, books and idealism in the future practice of Shafi'ite school in Malaysia.

Lawyers, Legal Education and the Shari’ah Courts in Nigeria

In the pre-colonial era Islamic law existed in northern Nigeria as a fully-fledged, independent legal system with its own supporting educational system. When the colonial authorities took over this judicial system, they gradually modified and directed it to accord with their own notions of justice. The colonial authorities also introduced their own common law into the country. Yet Islamic law and common law are two radically different legal systems. The colonial imposition of common law and its personnel over Islamic law and its administration generated serious legal, political and religious tensions which have persisted even in the post-colonial era, because independent Nigeria inherited the colonial judicial structure.The post-colonial era generated its own tensions and conflicts also. Legal education was patterned exclusively along lines obtaining in England. Thus, Islamic law and the existing traditional Islamic educational system had no place. It was only in the mid-1970s that combined law degree programmes in common law and Islamic law were introduced in some universities in Northern Nigeria. In 1985 lawyers gained the right of audience (which they had lacked throughout the colonial era) in Area Courts and the Sharia Courts of Appeal, which are courts of Islamic law jurisdiction. Lawyers who have no training in Islamic law are now actively involved in the administration of Islamic law as counsel and judges. This paper argues for a separation of the administration of Islamic law from common law in terms of courts and personnel, and demonstrates the imperative for the professionalisation of the practice of Islamic law.

The Evolution of Islamic Law of Nations and the Modern International Order

As traditionally understood, the Islamic State and the Shari’ah havebeen seen inimical to contemporary international law, membership inthe United Nations Organization, and the Universal Declaration ofHuman Rights. Hardline advocates of the Shari’ah argue that the institutionof nation-state and modem internationalism are hostile to theIslamic polity. The position taken here, however, argues quite the opposite.Through looking at the theory and practice of Islamic Law, it isclaimed that the Islamic Law of Nations is evolutionary in character.The participation of Muslim nations in the modem international orderis not antagonistic to the principles of Shari’ah. Islamic law can accommodatethe modern international order on the basis of cooperation andpeaceful coexistence.

Written Obligations from the 2nd/8th to the 4th/10th Century

AbstractIn this article, based on recent research undertaken in the collection of Arabic papyri of the Austrian National Library in Vienna (Papyrus Erzherzog Rainer), I discuss four unpublished documents discovered in Egypt, all written obligations (adhkār ḥuqūq) dating from the second half of the 2nd/8th century to the first half of the 4th/10th century. These documents provide important documentary evidence for early Islamic legal practice. By comparing the legal content of the documents with the contract formularies used by the ḥanafī jurist al-Ṭaḥāwī (d. 321/933) in his Kitāb adhkār al-ḥuqūq, I investigate the relationship between theory and practice in Islamic Law.

Theory and Practice of Islamic Law: Some Evidence from the Geniza

Since inception of study of Islamic law by Western scholars in late 19th century, problem of relationship of Islamic legal to actual practice has continued as one of main themes of Orientalist scholarship. Such giants of earlier generations as I. Goldziher and C. S. Hourgronje made important contributions to elucidation of this question and work of late Joseph Schacht forms antoher sure link in this golden isndd. According to his own testimony the relation between and practice, especially detection of practice via distorting lens of theory (1) remained a consistent focus of Schacht's scholarly efforts, and I understand that shortly before his untimely death he was engaged in further exploration of this theme in connection with his unfinished work on Muwalaa'.