Principles Of Jurisprudence Research Articles

Sustainability of Natural Resources in Islamic Jurisprudence

Islam promotes goodness in both the worldly life and the afterlife, aiming to establish an ideal human society that embodies moral, health, and social integration. It emphasizes environmental care and offers guidance on preserving it for the benefit of present and future generations. As stewards of the Earth, humans are tasked with maintaining environmental balance, as ordained by a divine measure. Therefore, environmental protection is a collective responsibility. (al-Qarafi, 2009). Islamic law addresses environmental sustainability through research and legal analysis, structured into an introduction, preface, three main topics, and a conclusion. An introduction that includes a general introduction to the research, a statement of its importance, objectives, questions. Following that are three chapters: the first one addresses developmental rehabilitative care for the environment, the second discusses preventive legislation for environmental protection, and the third encompasses methodological guidelines and jurisprudential principles regarding the subject matter. Then the conclusion and the results, followed by the sources and references.

The Conflict and Preference between the Legal Evidence and the Conflict in the Prophet’s Hadith : An Applied Fundamentalist Study

ABSTRACT The science of the principles of jurisprudence is one of the most important sciences on which legal rulings are based for the interests of people. Among the issues related to this art is the issue of conflict and preference between legal evidence and how to combine two contradictory matters through examining the conflicting texts and knowing the abrogated and abrogated, or the earlier and later, or other controls set by the scholars of this art. The legal texts contained in the Glorious Qur’an or the Sunnah may have conflicts - and what I will discuss in our research is this conflict in the Prophet’s hadith - and then need to be given weight within the controls and conditions. Imam Al-Shafi’i wrote a book on various hadiths in which he addressed this issue, then scholars came after him and established general rules. A process through which the perceived conflict between the texts of Sharia is removed. I collected this research and explained the meaning of conflict and preference, and explained the conditions for preference with applied examples that illustrate how to give weight between the texts of the Prophet’s Hadith.

Penerapan Kaidah Ushul Fiqih dalam Menafsirkan Teks Al-Qur’an

This article discusses the application of fundamental principles of Islamic jurisprudence (Usul al-Fiqh) in the interpretation of the text of the Quran. Several principles are discussed in this article, including 'Al- Ibroh bi Umumi Lafdz Laa bi Khususis Sabab' (generalization by wording rather than specificity of the cause), the principle of 'Amr and Nahyi' (command and prohibition), 'Mafhum Muwafaqoh and Mukholafah' (conformity and contradiction in meaning), 'Al-Aslu fi Ashya' Ibahah' (the presumption of permissibility in matters where the law is unclear), and 'Jalbu al-Maṣâliḣ wa Dar`u al-Mafâsid' (promotion of benefits and prevention of harm). This article extensively discusses each of these principles of Usul al-Fiqh and highlights the importance of their application within the context of Quranic interpretation. The research underscores that the application of these principles aids in interpreting the Quranic text more accurately, avoiding common interpretational errors, and understanding the Islamic laws contained within the sacred text. In conclusion, the application of Usul al-Fiqh principles is crucial for ensuring a correct and relevant understanding of the Quran. This approach not only assists in avoiding misinterpretations but also aids in comprehending the Islamic jurisprudence encapsulated within this holy scripture.

Examining Ushul Fiqh Principles on the Surrogacy-based In Vitro Fertilization Program

The presence of children within a family is of significant importance. However, not all couples can conceive offspring as desired, due to various factors. Consequently, they seek ways to fulfill their desire of having children. Presently, advancements in medical science and technology, particularly in the field of medicine, have rapidly progressed to provide solutions for couples who are unable to conceive naturally. This is known as in vitro fertilization, commonly referred to as “bayi tabung” or test-tube babies. Islamic scholars unanimously agree that test-tube babies are permissible as long as the processed sperm and egg originate from a legitimate married couple. However, the issue of test-tube babies becomes different when it involves the renting of a woman’s womb according to an agreement. This study aims to examine how the practice of surrogacy is evaluated in usul al-fiqh (the principles of Islamic jurisprudence) and determines the legal status of children born through surrogacy according to usul al-fiqh. Additionally, the study explores the reasons why surrogacy is prohibited according to usul al-fiqh. This research adopts a qualitative approach, utilizing literature review as the methodology. Based on established principles supported by evidence, it can be understood that harm cannot be eliminated by another form of harm that is more detrimental than the initial harm. Surrogacy, in this case, would jeopardize lineage and resemble adultery. If a child is born from a woman who conceives and gives birth herself, then the lineage would follow the birth mother, as stated in the Quran, Surah Al-Mujadilah 58:2.
 Keywords: in vitro fertilization, lineage surrogacy, Usul al-fiqh

Childfree Marriage with Regards to Islamic Jurisprudence Principles

Procreation has been considered the noblest purpose of marriage as it ensures the continuation of human existence on Earth. However, a new trend has emerged among young couples known as “childfree”, where individuals or couples consciously choose not to have children after marriage. This research aims to examine this phenomenon. What is the status of marriage with the condition of being childfree? And how valid is such a contract according to the principles of Islamic jurisprudence (Fiqh)? To achieve these objectives, the researcher employed a qualitative descriptive methodology, using literature review as the primary data collection method, focusing on relevant sources related to the topic. The findings of this study indicate that the condition of being childfree in marriage contradicts the objectives of Islamic law, which emphasize procreation and the preservation of lineage. Making a deliberate decision not to have children without any legitimate reason or physical limitations constitutes an act that exceeds the boundaries set by religious teachings. Moreover, it is considered impermissible to prohibit what Allah has made permissible, which includes having children and preserving lineage. As the condition is invalid, the parties involved in the marriage contract are not obligated to fulfill this requirement, and the marriage contract remains valid.

Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges

The practice of judicial activism, though not formally defined within the jurisdiction of the Constitutional Court (MK), is implicitly recognized as an integral element of independent judicial power. The importance of this independence is underscored as a fundamental necessity for the preservation of law and justice. This research utilized a normative juridical methodology, incorporating conceptual, comparative, and case-based analysis. The study findings reveal that judicial activism, as practiced within the Constitutional Court, is underpinned by independent judicial authority. Moreover, this practice aligns with the tenets of progressive legal doctrines, which not only acknowledge the significance of codified legal provisions but also endorse legal innovations for the pursuit of justice. The practice of judicial activism within the Constitutional Court is indispensable for reinforcing the principle of checks and balances. The subjective and abstract nature of judicial activism, however, necessitates objective validation through the principle of virtue jurisprudence.

The Qur'anic "Thumma": A Genealogical Study

The word in Arabic is classified into three types: nouns, verbs and functional words. The last type is classified into structural and meaningful. The conjunction ثم "thumma" is related to the meaningful functional words. It has multiple uses in the Glorious Qur'an in which it is used for 345 times distributed on 70 Suras. Those who are concerned with principles of jurisprudence studied the meanings of the conjunction "thumma". They agreed that it is used for delaying, metaphorically meaning "waw" 'and', pure conjunction, giving the meaning of (al-faa') which is rare in the Glorious Qur'an, inception, and separating what precedes it from what follows. According to these different meanings, those who are concerned with philology differed in many rules. For example, in the Ayah of (Al-Ifadhah), some consider that "thumma" is used for the arrangement; some others say that it is used for differentiation; and some others say that "thumma" has the same meaning of "Al-Waw". Also, in the Ayah of Al-Dhihar, they differed in determining the time for paying al-kaffarah whether it is directly paid after al-dhihar or latter on. Concerning divorce, they also have different opinions because the conjunction "thumma" which appears in the Glorious Ayah that talks about divorce. Accordingly, some say that the divorce is not considerable before the completion of marriage and some others say that it is considered as full divorce.

A THEORETICAL STUDY ON NEGATIVE EXTERNALITIES AND THE FREE-RIDER PROBLEM IN NATURAL RESOURCE MANAGEMENT FROM ISLAMIC LAW PERSPECTIVE

This paper aims to address two major problems faced throughout the production and management of natural resources, which are negative externality and free-rider problem and to offer some relevant solutions and suggestions for policymakers within the framework of Islamic Law. In this paper, a descriptive research methodology was used to identify the problems, using a conceptual analysis model as a primary method used throughout the research. Deductive reasoning was employed to derive specific predictions from general theories and established Islamic jurisprudence principles. The research findings indicate that the negative externality and free-rider problem extend beyond economic concerns and are intricately linked to the violation of rights within the framework of Islamic law. It is evident that both negative externalities and the free-riding of natural resources can lead to violations of human rights (ḥuqūq al-‘ibād) and community rights (ḥuqūq Allāh). This observation underscores a critical intersection of economic and legal dimensions within an Islamic context. The practical and social implications of the study highlight the need for Islamic economic and environmental policies to align with Islamic law and ethics, prioritize public interest and well-being, and promote responsible resource stewardship and sustainability. Additionally, the study encourages policymakers to adopt a global perspective, recognizing their role as stewards in a broader context. To the best of the author’s knowledge, this paper is the first study on dealing with negative externality and free rider problems from Islamic legal theory point of view.

The Judge in the Islamic Balance

This academic paper delves into the intricate and multifaceted role of the judge within the context of Islamic jurisprudence. Drawing from the rich and diverse heritage of Islamic legal traditions, the study seeks to illuminate the judge's pivotal position as the embodiment of justice, ethics, and social equilibrium in Muslim-majority societies. It explores the historical evolution of Islamic jurisprudence and its relevance in contemporary legal systems, emphasizing the judge's duty to uphold Islamic law while adapting to the changing demands of modern society. In conclusion, this paper provides a comprehensive analysis of the judge's pivotal role in the Islamic legal system and its relevance in the modern world. It underscores the importance of preserving the integrity and independence of the judiciary while adapting to the evolving needs of Muslim-majority societies. Understanding the judge in the Islamic balance is essential for promoting justice, fostering social harmony, and maintaining the principles of Islamic jurisprudence in a contemporary global context.

TAHLÌL FATWÀ AL TASHABBUH BIGHAIRI AL MUSLIMÌN FÌ AL IHTIFÀL BIRA'SI AL SANAH AL MÌLÀDIYAH FÌ JAZÌRAH MADURA 'INDA AL IMÀM 'ALI JUM'AH

A fatwa is a matter of great significance in Islam. The issuer of a fatwa represents the role of Prophet Muhammad (peace be upon him) in continuing his prophetic mission by providing explanations in accordance with the will of God. Therefore, issuing a fatwa is not an easy task, and it is not appropriate for everyone to assume the ability to issue fatwas without undergoing a thorough thought process. It is not permissible for someone to issue a fatwa to the general public unless they possess expertise in the fields of Islamic sciences and have a strong command of fiqh (jurisprudence) and usul al-fiqh (principles of jurisprudence), along with the appropriate methods and objectives (maqasid). This raises the question of how to formulate a method for issuing fatwas from the perspective of Imam Ali Gomaa and why scholars pay great attention to the formation of fatwa methods This research falls under normative research using the literature method, which involves reviewing texts from classical and contemporary fiqh books, as well as fatwa rulings. The findings of this study indicate that the process of issuing a fatwa should go through four stages: al-tashwir (defining the issue), al-takyif (exploring the details), explaining the legal ruling, and making the final fatwa decision The issuer of a fatwa must adhere firmly to the fatwa method, which includes understanding the texts and the reality of society, and knowing how to connect the text with existing societal traditions. They should prioritize issuing fatwas that facilitate and bring joy to society, maintaining moderation and balance in their fatwas, and avoiding haste in addressing contemporary issues. Not all acts of resemblance (tashabbuh) with non-Muslims are considered forbidden (haram). There are acts of resemblance that are indeed judged to be outside the boundaries of Islam, while others are merely disliked (makruh), not recommended, forbidden (haram), permissible (mubah), or even commendable. The observance of the Gregorian New Year is permissible since it does not entail elements of resemblance (tashabbuh), provided that it is not accompanied by religiously prohibited behaviors. The permissibly of celebrating new year is in line with the condition of Madura teenagers. Although, the Madura scholars alliance (AUMA) forbids it because it is considered to resemblance (Tashabbuh) with non muslims.

EXPANDING THE BOUNDARIES OF JURISPRUDENCE IN THE ERA OF TECHNOLOGICAL ADVANCEMENTS

In the current era of advanced technology, the convergence of artificial intelligence (AI) and big data presents intricate challenges in the technical and doctrinal aspects of law and the fundamental principles of jurisprudence. Addressing this challenge entails three potential approaches: reevaluating the independent status of specific foundational categories, reconfiguring the interpretation of such categories, or steadfastly defending and enhancing our understanding of specific classifications. The reconstruction of the essential concept of "law" remains uncertain and necessitates further deliberation. Although the new technological era has not introduced entirely novel jurisprudential dilemmas, it has reconsidered existing perspectives. Swiftly and effectively responding to these challenges becomes paramount in seizing fresh opportunities for the independent advancement of Chinese jurisprudence. The purpose of the study is to push the boundaries of jurisprudence by exploring and addressing legal issues arising in the era of technological advancements. The qualitative research methodology has been applied in this article.

Attribution of Liability for Copyright Infringement by Artificial Intelligence Generated Content

As generative artificial intelligence continues to advance, providing an ever-expanding range of functions and applications for humanity, it has given rise to novel forms of torts, with the potential for more to emerge in the near future. Resolving issues of liability hinges on the identification of the responsible party. However, neither Chinese legislation nor academic views have specified rules or a clear and consistent opinion on the liability attribution issue. This paper aims to address this question. Commencing with the premise that artificial intelligence inherently lacks legal personality, this paper systematically examines all relevant subjects who could potentially bear liability for copyright infringement. The legal foundations for each entitys liability are thoroughly analysed. Meanwhile, this article elucidates the principles of attribution of liability, drawing from established theories of traditional tort law and jurisprudential principles while taking into account the special characteristics of copyright infringement and artificial intelligence. In conclusion, in the absence of a clear consensus on determining the liable party, the principle of correspondence between risks, benefits and responsibilities should guide the attribution of liability for copyright infringement involving generative artificial intelligence. This approach will ensure an equitable distribution of losses, responsible burden-sharing, and comprehensive protection of rights.

Fiqh Ekologi; Upaya Merawat Lingkungan Hidup Berbasis Konsep Maqashid Syariah

Climate change and environmental damage are global issues that affect all humans on earth. Therefore, all levels of society, including Islamic scholars and thinkers, have an obligation to contribute to maintaining the environment to remain sustainable and sustainable. Ecological jurisprudence is a concept of how Islamic teachings can be applied in an effort to protect the environment through an approach based on the concept of maslahat as the core of sharia maqashid. Maslahat (benefit) is one of the important principles in jurisprudence that refers to the noble goal to be achieved in the teachings of this religion, namely the survival of a just, harmonious, and just life. Therefore, the purpose of this study is to analyze how the concept of ecological jurisprudence is applied in order to care for the mashlahat-based environment. To achieve this goal, the method used is the library reseach method using a qualitative approach. The collected data was analyzed using concepts offered by Milles and Huberman, namely data reduction, data presentation and conclusion/verification. The conclusion is that Ecological jurisprudence is a new breakthrough in answering the problem of sustainability and environmental law, so the formulation of the concept of mashlahah is important to build sustainable views and actions on the environment, so as to create a balance of the environment and nature, and ensure long-term benefits for all of God's creation. The concept of mashlahah as the core of maqashid sharia refers to all forms of goodness that have worldly and ukhrawi dimensions, material and spiritual as well as individual and collective.

The Distinctive Principles of the Shafi'i School from the Rest of the Schools in Principles of Islamic Jurisprudence.

The Distinctive Principles of the Shafi'i School from the Rest of the Schools in Principles of Islamic Jurisprudence.

A study of the reasons beyond the dispute between jurists regarding the ruling on learning the principles of jurisprudence

Purpsoe: This research identified the meaning of "the principles of jurisprudence" as a description and name for a specific science. It also discussed the cause of the jurisprudence dispute.
 
 Methods: To gather scientific material, I employed an inductive approach that involved examining books on Islamic jurisprudence, extracting relevant information, and arranging it appropriately. In the first section of this paper. In the second section, I mentioned the importance of studying the principles of jurisprudence, starting with resolving the conflict in the issue, followed by mentioning the opinions of scholars. The third section discussed the reasons for the dispute, which were limited to the methodologies of scholars and terminologies, resulting in a verbal disagreement. Finally, the conclusion was presented.
 
 Results: The research findings highlight the significance of studying the principles of Islamic jurisprudence in comprehending the reasons for disagreements and their effects on various branches of Islamic jurisprudence. The role of terminologies and methodologies is emphasized as a crucial factor contributing to scholarly disagreements.
 
 Conclusion: Verbal disagreements are shown to have a substantial influence on the the reasons for disagreements.

Methodology of Classical Usuli Texts: A Critical Appraisal of Taj al-Subki’s Jamʿ Al-Jawami'

Classical contributions are said to be the major source for contemporary studies of uṣūl al-fiqh. However, their linguistic nuances and stylistic methodologies are foreign to many contemporary researchers which makes any meaningful discourse an onerous and often arduous task. In this article, an attempt is made to explain the methodology employed by Tāj al-Dīn al-Subkī, an eminent 8th/14th Century jurisprudent, in his uṣūlī text Jamʿ al-Jawāmiʿ. The text has been selected, for its wide reception and great impact on the later development of uṣūl al-fiqh, as a model for the uṣūlī matn genre. It is hoped that the article will generate more interest in understanding juristic jargon and its usages in elucidating the principles of Islamic Jurisprudence. By offering a comprehensive analysis of the methodology intrinsic to classical uṣūlī works, with "Jamʿ Al-Jawāmiʿ" as the primary focus, this article endeavors to enhance comprehension of how classical scholars tackled and elucidated matters of Islamic law. The study not only sheds light on the intellectual heritage of Islamic jurisprudence but also serves as a valuable resource for understanding the evolving nature of legal thought within the Islamic tradition.

The Reason Behind Imam Al-Shafi'i's Denial of Commendation- A Contemporary Applied Jurisprudential Study

This study identifies the reasons for Imam Al-Shafi'i's rejection of “Istihsan” or juristic preference. The study explains the concept of Istihsan, its components, the schools of jurisprudence, “ijma'” or consensus, and the attitude of ancient and contemporary jurists towards Istihsan. Scholars' opinions regarding acceptance or rejection are also presented. Contemporary applications are examined where jurists have employed Istihsan, highlighting its legitimacy and its impact on facilitating matters for Muslims in their daily lives. Istihsan is a fundamental principle of Islamic jurisprudence aimed to facilitate Muslims' lives while adhering to the divine law. Jurists reject Istihsan based on legal evidence and serve the objectives of the Sharia, as well as being a legitimate argument in itself. Furthermore, the study explores contemporary jurisprudential issues and branches based on Istihsan, their formulation, and grounding. This enables jurists to apply fundamental jurisprudential principles to the evolving issues and circumstances of people's lives.

Violation of the provisions of the deduction tax in the Saudi law

The research aims to elucidate the provisions concerning taxpayers' violations of their obligations in deduction tax. This involves specifying the nature of the violation, the types of behavior constituting the violation, the statutory penalties arising from its commission, and the competent authorities responsible for imposing such penalties. The study achieves this by extrapolating and analyzing the texts of Saudi law, while also comparing them with the principles of Islamic jurisprudence and Sharia policy. The significance of this topic is underscored by identifying the advantages of deduction tax, especially its economic and financial benefits. These include serving as a tool to incentivize investors to reinvest their earnings within the Kingdom of Saudi Arabia, rather than in other countries. Additionally, deduction tax contributes to fortifying the financial stability of the public treasury, which is allocated for public interests. The research employs a methodological approach that includes root analysis and comparison, leading to several notable conclusions. One key finding is the legal foundation for imposing deduction tax and penalizing violators with financial fines, in accordance with both Islamic jurisprudence and Saudi law. Among the most prominent recommendations of this study is the development of a dedicated procedural law, referred to as the 'Tax Procedures Law,' which would streamline tax regulations and introduce the possibility of imprisonment in cases where violations are accompanied by fraud or forgery.

"الموافقات فی اصول الشریعہ": منہج اور خصوصیات

Imām Abū Isḥāq al-Shaātibī, an Andalusian Sunni scholar of the Mālikī school, was a foundational figure in Usūl al-Fiqh (methodology of law). He passed away in 1388 (790 H) in Granada, Spain. Also known as Ibrāḥīm Ibn Mūsa Ibn Muhammad al-Shātibī al-Gharnāṭī. His works are essential readings in Usūl al-fiqh. For those engaged in ijtihād. “Al-Muwāfqāt fī Ūsūl al-Shariʼa” is a renowned work by Imām Shātibī that focuses on the principles of Islamic jurisprudence and their application to contemporary challenges, while addressing new issues that arise with changing times. In this context, Imām Shātibī employs innovative terminology to enhance the understanding of religious concepts, highlighting the significance of the objectives of Sharia and their adaptability through modern reforms. The book encompasses various dimensions of Islamic jurisprudence. Key points discussed in “Al-Muwāfqāt” include the exposition of hidden intricacies within the Hanafī school of thought, articulation of principles of legal objectives in the finest manner. The author emphasizes three central elements: discovering the true intent of legal rulings, ensuring practical application of these rulings, and considering the objectives behind them. Imām Shātibī introduces the concept of “Tawfiq Zahirī” as a way to reconcile differences among jurists with elegance. The author categorizes objectives into two types: objectives derived from the divine law and objectives related to human responsibilities. A prominent feature of “al-Muwāfaqāt” is its extensive utilization of Arabic language and contextual analysis of events. Imām Shātibī's meticulous examination of legal objectives, derivation of principles, and embrace of juristic guidelines is deemed crucial for achieving a comprehensive understanding of the objectives of Shāriʻa.

Ijtiḥād in Directing the Complicated Articles in the Principles of Islamic Jurisprudence Ibn Taymiyyah as a case study

This paper aims to study a group of complicated articles in the principles of Islamic jurisprudence that Taqi al-Din Ibn Taymiyyah dealt with and directed, after reviewing his work thoroughly, the selection fell on four articles, which are: Al-Samaniyah’s article on limiting the perceptions of knowledge to the senses, the article of the majority of the scholars of the principles of Islamic Jurisprudence on the scarcity of the overall memorized text, the article of Al-Shāfiʿī and Ahmad regarding the negation of abrogation of the Qur’an for the Sunnah, And Al-ʿAnbari’s article on correcting every Mujtahid (the one giving an independent reasoning). The paper dealt in each article with three issues: its origin, the point of its complication, and Ibn Taymiyyah’s treatment of it. In studying the articles presented, the researcher adopted the critical analytical approach. This paper concluded that: the distinction of al-Taimi’s work due to the wide reading of articles, and a thorough critic in dealing with the articles at the level of authenticating, reviewing and directing, addressing the complicated issues that the scholars are less exposed to, with the investigation of Ibn Taymiyyah's directives to these articles. The study recommended careful reviewing of articles in this field, investigating their issues, and treating them according to the correct approach, giving observations and correcting them according to contemporary studies, and urging for extensive writing in this field according to Ibn Taymiyyah and other critics of the scholars of this discipline.