Views Of Scholars Research Articles

Tinjauan Filsafat Hukum Islam dalam Pembagian Ahli Waris Pengganti

This research examines the main question regarding the validity of substitute heirs from the perspective of Islamic legal philosophy, which has sparked debates among scholars concerning the application of justice and welfare principles in inheritance. The background of this issue stems from the absence of explicit provisions regarding substitute heirs in the Qur'an and hadith, while this phenomenon frequently occurs in modern inheritance practices. The novelty of this research lies in the legal-philosophical approach that links the concepts of justice, welfare, and continuity in inheritance distribution, exploring the views of both classical and contemporary scholars. This study uses a literature review method with a normative and comparative approach, analyzing Sharia principles and interpretations by Islamic jurists regarding substitute heirs. The findings reveal that while the concept of substitute heirs is not explicitly mentioned in the Qur'an, some scholars allow its practice based on principles of justice, welfare, and societal needs. This reflects the flexibility of Islamic law in addressing social dynamics without compromising core Sharia principles. The conclusion emphasizes the importance of considering social context and welfare in the application of Islamic inheritance law, while adhering to the justice principles taught by Sharia.

Seyyed Hossein Nasr’s Views of Modern Science: An Evaluation

This paper focuses on Seyyed Hossein Nasr’s views of modern science. By focusing on Nasr’s opinion of modern science this paper explores how and why he rejects mechanical and positivist views of modern scholars. This research examines why he accepts the theory of creation and appreciates the spiritual and religious worldviews of science. In so doing, this article contributes to the ongoing discourse on the issue of modern science and eternal wisdom. By reviewing the relevant literary sources, some required data are collected and then used in the analysis hereafter. In this discussion Nasr talked about practicing science while keeping religious beliefs integrated. That is why, the existence of the creator of the world has been acknowledged. Whereas he excelled in the knowledge of science. As a result, the limitations of science arise in his mind. The philosophical problems he faced in his youth were not solved by modern science or western philosophy but were solved by the holy Qur’an. He accepts Tawheed or the oneness of God. Although he accepts modern science, he criticizes the resulting secularism. Nasr said that science should be practiced while maintaining religious values. His response to modern Science was to subordinate it to the systems and principles of the Islamic worldview. Moreover, to him, Modern Science was the largest framework of Knowledge (Ilm). This Modern science does not violate the core values of Islamic knowledge but inspires it with divine inspiration. In this case, the method came to be known as the Islamization of knowledge. Philosophy and Progress, Vol#73-74; No#1-2; Jan-Dec 2023 P 215-240

Prayojana and Phala: Reception of the Mahābhārata Through Its Commentaries

Abstract This paper aims to explicate the hermeneutic engagement of the commentators with the epic. The engagement is better revealed in the opening of the commentaries, particularly while commenting upon the maṅgala of the epic. This paper offers a comparison of insights on maṅgala and anubandhacatuṣṭaya in the three commentaries: Devabodha (11 ce), Vādirāja (16 ce) and Nīlakaṇṭha (17 ce). The singularity of this engagement is that it deals with the text as one meaningful whole. While doing so they not only analyse the text, but also renew the text by offering it its own due textuality. The due textuality is understood in contrast to the view of modern scholars who have dealt with the epic text as a conglomerate of several parts. The contexts and departures that commentators have with the text of the epic are obviously different from ours and are therefore of significance to us. The antiquity, grandeur and complexity of the epic are the obvious challenges before us as we attempt to comprehend the text. The commentaries come through as a resource as they offer their reading and comprehension of the epic. The very names of the commentaries illuminate the specific hermeneutic engagement of the commentators with the epic. Thus, Devabodha’s commentary is called Jñānadīpikā or the Lamp of Knowledge, whereas Nīlakaṇṭha’s commentary has been named as Bhāratabhāvadīpa, or the Lamp Illuminating Inner Meaning (of the Mahābhārata).

Ways to Form a Literary Reputation: F.G. Klopstock in Russia in the 19th Century

The given article is devoted to the reconstruction of the apologetic literary reputation of F.G. Klopstock. Klopstock is a canonical author in the history of literature; his work has not received due attention in Russia. Literary reputation is a multidimensional phenomenon. It develops under the influence of various factors and can be the result of random circumstances. Klopstock is a great sentimentalist and epicist; his work is included in the curriculum of educational institutions of the 19th century. But there are almost no translations into Russian. Serious studies of the works of the German poet in Russia were created only in the 20th century. This article is based on the fundamental works of N.I. Rozanov and I.A. Reitblat and analyzes the paradoxical nature of Klopstock’s literary reputation. The image of the poet, discreetly outlined by N.M. Karamzin acquires the features of a saint under the pen of subsequent critics. A review of translated critical reviews of Klopstock shows ways of distorting the original. Klopstock is deliberately described as an ideal pious poet. The article describes the beginning of the formation of Klopstock's literary reputation: the most important stage that influenced the German poet's entry into the reading circle of a cultured person in Russia in the 19th century. Consistent attempts to place Klopstock within the convenient framework of great epics lead to peculiar results: Klopstock enters the circle of compulsory educational reading and at the same time disappears from the field of view of literary scholars. Until the mid-twentieth century, Klopstock remained a canonical literary name without due attention from researchers.

Jia Yi’s 賈誼 Research on the Theory of the Sages

Jia Yi was a Confucian scholar active during the early Han dynasty, whose philosophy appears in compressed form in his investigation of the concept of shengren. He exhibits the qualities of Confucianism in his analysis of the fall of the Qin dynasty while also clearly showing the political ideals that he was pursuing in his essay on the sages. First, Jia Yi considers people able to learn the Dao and make appropriate use of it to be sages, and believes that the sages’ outstanding abilities were rooted in their study of the Dao. In his discussion of the sages Jia Yi inherits the view of previous Confucian scholars, while also deepening it from an original perspective. In addition, he argues that the sages are able to achieve minbenzhuyi and keep the people are the centre of their attention, not contradicting the people’s sentiment.

Ways of being Palestinian: autobiography as critical emplotment in the work of Fawaz Turki

ABSTRACT Autobiography has become an increasingly prominent form of Palestinian literature since the 1980s, giving rise to scholarly discussions about how best to read, interpret, and analyze Palestinian life narratives. Using the memoirs of Palestinian poet Fawaz Turki as an illustrative example, this article challenges a prevailing scholarly view that Palestinian narratives should be read and understood, before all else, as “counterdiscourse” to Zionism. However much this framework illuminates the colonial backdrop and testimonial potential of Palestinian life-writing, it risks flattening Palestinian autobiographies into a single national mold and framing Zionism as the central locus of Palestinian self-expression. Mindful of these dangers, this article draws on the work of David Scott to argue that Palestinian autobiographies can be more fruitfully interpreted as exercises in “critical emplotment” and analyzed as narrative undertakings by which Palestinians creatively (re)interpret their pasts and identities in light of the always-shifting circumstances in which they find themselves.

The right to a fair trial in the light of the minimum guarantee of legal assistance in the practice of the European Court of Human Rights

The research attempts to form the essence of the modern understanding of the right to a fair trial through the prism of the minimum guarantee of legal assistance. Attention is drawn to the fact that the European Convention itself does not define the mechanism of its application, which in turn complicates its application by different states with certain differences in legal systems. In this regard, it is substantiated that by ruling on the application of the European Convention, the European Court of Human Rights (ECHR) sets the direction for building one of the most effective systems of human rights protection, which is subsequently manifested in the national systems of the Convention member states. In view of this, the article analyses the most important, key and modern practice of the ECHR in relation to consideration of applications for violation of the minimum guarantee of legal assistance in the context of violation of the right to a fair trial and summarises it, as well as identifies the risks of such an approach. In addition, the paper analyses the current conceptual vision of such transformations from the point of view of legal scholars, both academics and practitioners. In the course of analysis of modern ECHR judgments, the author found that in a significant number of them the Court indicates that the mere violation of the minimum guarantee of legal assistance does not automatically mean a violation of the right to a fair trial, and the author emphasizes the possible risks of such an interpretation, in particular, for the States which are leaders in violation of the guarantee of legal assistance, where the specifics of national systems reflect a systematic violation of this right. It is determined that the application of the minimum guarantee of legal assistance is not limited to criminal proceedings, and the court is not the only institution that must comply with this guarantee to ensure fairness of the proceedings. It is also emphasised that the practice of applying this guarantee cannot be limited to court proceedings only. The author also suggests improving the legal technique of implementing the European Convention into national legislation by amending its translation into Ukrainian.

Konsep wali nikah dalam perspektif ulama klasik dan modern

This paper explores the concept of marriage guardian in Islamic jurisprudence by examining its interpretation and application by scholars from classical schools such as Hanafi, Maliki, Shafi'i and Hanbali, and comparing it with the views of contemporary scholars. The role of the marriage guardian is very important in the Islamic marriage contract, especially as it usually involves a male guardian consenting to a girl's marriage. The study also examines the perspectives of modern scholars who consider the evolving context of society, gender equality and women's autonomy. By comparing classical and modern interpretations, this study highlights the dynamic nature of Islamic legal thought as well as the ongoing discourse regarding the balance between traditional values and modern principles of individual rights and freedoms. The analysis aims to provide a comprehensive understanding of the role of marriage guardians, its historical roots and its relevance in today's socio-legal landscape.

An Analytical Survey on the Views of Scholars on the First and Last Revealed Verses (Ayat) of the Glorious Qur'an

The Glorious Qur’an is the book of Allah (S.W.T), revealed to Prophet Muhammad (S.A.W) through Angel Jibril (A.S) over time in a gradual manner. This was done to strengthen the Prophet, aid him, protect him against those who opposed his message, and allow mankind to gradually absorb the laws of Allah (S.W.T). This paper aims to analyze the views of scholars on the first and last Qur’anic revelations to Prophet Muhammad (S.A.W). It also presents the divergent opinions of different scholars on this subject. In conclusion, the paper offers some recommendations and suggestions, supported by authentic Ahadith of the Prophet (S.A.W), regarding the first and last revealed verses (Ayat) of the Glorious Qur’an.

Metode Pendidikan Berdiferensiasi Bagi Generasi Z dalam Perspektif Hadis

An effective approach in educating Generation Z, cannot be ignored that religious and spiritual values have an important role in shaping their character and behavior. In Islam, hadith, as the second source of teaching after Al-Quran, presents ethical, morality, and pedagogy guidelines that have the potential to become the foundation for effective educational methods for Generation Z. This research explores concepts in hadith that are relevant to education, reviews its application in Generation Z education, as well as analyzes its impact on character formation and development of generation Z skills. The research method used is literatur review. The result of this research is that the hadith that is taught is a hadith related to the method of educating the Z generation effectively by means of differentiated education, namely paying attention to the characteristics of students and providing teaching according to the level of ability to receive learning. The study of the verses of the Qur'an and the views of several previous and contemporary scholars can be seen that the hadith is not contrary to the main teachings of Islam even appropriate and can be used as a reference in educating the Z generation. The need for differentiated education so that the learning taught can be conveyed and understood to good practice for generation Z. So that students get a learning experience that brings them a change towards a better direction and makes them a kamil person.

Kehujjahan Maslahah Mursalah Dalam Perspektif Imam Al-Ghazali Dan Najm Al-Din Al-Tufi

This study examines the authority of maslahah mursalah according to Imam Al-Ghazali and Najm al-Din al-Tufi, two scholars with differing views on applying the concept of public interest in Islamic law. Al-Ghazali is known for his conservative approach, while Al-Tufi is more flexible and progressive. The research uses the library research method. Data were collected from primary sources, namely the works of Al-Ghazali and Al-Tufi, as well as relevant secondary literature. Descriptive-qualitative and comparative analysis techniques were used to evaluate and compare the views of both scholars. The study found that Al-Ghazali requires maslahah to align with maqasid al-shariah and not contradict nash. Al-Tufi, on the other hand, emphasizes flexibility in prioritizing maslahah, especially when dealing with nash dzanni. Both scholars contribute significantly to the understanding and application of the concept of maslahah in contemporary Islamic law.

AZIZIDDIN NASAFIYNING INSON YARALISHI HAQIDAGI FALSAFIY QARASHLARI

This article reveals the life and work of Aziziddin Nasafi, a scholar and mystic who lived and worked in the 13th century. Philosophical and anthropological views of scholars, views on human creation are also analyzed.

Poligami Dalam Prespektif Al-Qur`An Dan Hadis

The practice of polygamy existed long before Islam and became a permitted habit. Unfortunately, many people think that polygamy is a practice that only became known after the advent of Islam. Ironically, Islam is considered to have a monopoly and legalizes polygamy. In reality, Islam came to limit the movement towards polygamous marriages with certain limits. Justice in polygamy is an obligation that must receive special attention, because the word "fair" is very easy to say but difficult to implement. In this research the author focuses on verses from the Koran and hadith related to polygamy, namely; Surah An-Nisa' verse 3 and several authentic hadiths related to polygamy. This type of research is completely library research (library research) taking data from literature that is related to the research theme. The analysis technique in this writing uses a content analysis model by exploring and analyzing the thoughts or views of scholars regarding verses of the Koran and hadith related to polygamy.

Территориальное общественное самоуправление: история и современность, перспективы совершенствования законодательства

The article examines, taking into account the amendments and additions made to the Constitution of the Russian Federation in 2020, the key characteristics of territorial public self-government, history of the development of legislation regulating social relations related to it, starting with the provisions of the USSR Law “On the general principles of local self-government and local economy in the USSR” of 1990, the Law of the RSFSR “On Local Self-Government in the RSFSR” of 1991, the federal laws “On the General Principles of Organization of Local Self-Government in the Russian Federation” of 1995 and 2003. The legal positions of the Constitutional Court of the Russian Federation related to territorial public self-government are also analyzed. Various points of view of legal scholars on the relationship between local self-government and territorial public self-government are studied. The subject of this study is also the right to exercise territorial public self-government and the article concludes this legal possibility is inherently a fundamental right within which the constitutional right to exercise local self-government is exercised. In addition, the author came to the conclusion the institutions of territorial public self-government should be given the status of public legal entity.

Memahami Kaidah Ushuliyah Al-Am, Al-Khas, Al-Amru dan An-Nahyu Sebagai Metodologi Penetapan Hukum Islam

There are at least three problems that will arise if the establishment of the Islamic law ignores the Ushuli theory; the ambiguity in the use of Ushuli theory, the misunderstanding of the Nash in the Qur'an and Hadith, and the broad interpretation because it does not focus on one or more of the Uushuri theories. The purpose of the study is to know the approach of the Ushuliyah al-am, al-khas, al-amru and al-nahyu as methodologies, procedures, and problems in the establishment of Islamic law. This research is a qualitative library research with a Ushul Fiqh approach. It is the same in the Qur'an as in the Quran. The procedure for the establishment of Islamic law is not much different from some of the views of scholars conducted, in general, namely by searching for the provisions of the law in Al-Qu’an and Hadith and analogous to the Islamic Shariah. The problem is that it lies at the core of the beginning of the law, on the different understanding and meaning that is presented or expressed by the scholars, the solution to overcome this problem by following the agreement of the scholar. Thus, in the understanding of the teachings of the Ushuri: Al-Am, Al-Khas, al-Amru and An-Nahyu, which is a small part of the studies of Ushuli, open a great opportunity for further research to discuss more fully about the teaching of Ussuri than Al-Amm, Al - Khas, Amru and Al – Nahyu.

“What Do They Say in Mosques? Islamic Discourse on Limiting Ritual Expenses”

This article examines the changes in religious policy, Islamic beliefs, religious life, national values, and family rituals in Uzbekistan during the years of independence. Particularly, it analyzes a series of fatwas, guidelines, and theses on Friday prayer topics published by the Office of Muslims of Uzbekistan in recent years. The author substantiates the amalgamation of religious and national perspectives in Uzbek family rituals, encompassing childbirth, marriage, and mourning ceremonies, drawing on ethnographic materials. Furthermore, it delves into the views of Islamic scholars and imams concerning the reduction of specific expenses and extravagances in these rituals, citing examples from Friday prayers and various social networks. Through anthropological observations of modern Uzbek society, including Muslims' public activities, Friday prayers, neighborhoods, and community events, as well as through various TV talk shows and radio broadcasts, the article explores "Aqiqa" ceremonies, circumcision weddings, marriages, and mourning rituals conducted by Uzbek imams in matters of family and marriage. The author highlights the discussions of "Amru Ma'ruf" topics during ceremonies, widely debated on mosque websites, imams' pages, and social media platforms (Telegram, Facebook, Instagram). The article underscores the impact of Islamic scholars' and imams' ongoing efforts, noting changes in the balance of expenses in the ceremonial life of the Uzbek people, particularly evident in marriage ceremonies. Moreover, it analyzes changes and transformative processes in Uzbek family rituals from the perspective of ritual economy.

Juridical Analysis of Marriage for Couples Who Change Gender Based on Law No. 1 of 1974 concerning Marriage and Islamic Law

The case of gender change in Indonesia is quite common in society. This has legal implications in various aspects, especially regarding marriage. As in the Decision of the Sumber District Court No. 60/Pdt.P/2021/PN.Sbr, the judge granted the gender change. Following this decision, legal consequences related to the validity of the marriage arise. Based on this description, the formulated issues are how Islamic law views gender change and what the legal consequences are for marriage for those who have changed their gender. In discussing this topic, the author uses a normative juridical method by examining the Marriage Law and Islamic Law, particularly related to the marriage of people who have changed their gender. According to the perspective of Islamic law, gender change in Indonesia is considered haram (forbidden) because it contradicts the Quran, Hadith, and the views of scholars, including the MUI Fatwa No. 03/UMNas-VII/MUI/2010. However, surgery aimed at perfecting sexual organs is permissible and considered halal in Islam. For instance, the case of the applicant Hamidah is an effort to cure her genital organ defect and has no legal implications, so it is allowed by law. When Hamidah, also known as Muhammad Hamdan, wants to marry a woman, it should no longer be an issue because religiously Hamidah's actions are justified by religion, and the elements contained in Article 4 of the Compilation of Islamic Law (KHI) and Article 2 Paragraph 1 of the Marriage Law have been fulfilled. Overall, the legality of gender change through the District Court's decision becomes important to determine the legal consequences of marriage, particularly regarding gender status in inheritance distribution and the ability to have offspring.

Evolusi Gerakan Salafisme: Dari Masa Ibnu Taymiyyah Sampai Muhammad Bin Abdul Wahab

Salafism, a reformist movement that follows a school of Islamic understanding unaffected by Hellenism. Its aim is to maintain the views of the salaf scholars. The author uses the historical method by collecting data through library research sourced from books, articles, and other related information. The results of this study discuss various Salafi schools that emphasize three main characteristics in their teachings, namely placing Islamic law (sharia) above reason, avoiding rationalist interpretations, and upholding the text of the Quran and Hadith. Of course, this is closely related to the influence of thinkers such as Ibn Taymiyyah who was the main thinker, followed by Muhammad bin Abdul Wahab as his successor

Women in Islamic thought and philosophy in Baghdad and Andalusia for two centuries (5-6 AH/11-12 AD

Due to the extensive discourse and scholarly investigation pertaining to the status and involvement of women within the academic and cultural hubs of this particular area, the ongoing disparities and vehement confrontations between adherents and detractors of Islamic ideology regarding the standing and contributions of women persist. Consequently, it is imperative to approach this matter with a discerning outlook that is devoid of prejudiced perspectives and is situated within the framework of the historical epoch. Intellectuals, professionals in the field, and even members of the general public frequently engage in a wide range of discussions regarding women's rights and how their status among Muslims challenges this perception. Our study makes an academic and scientific effort to examine this problem from a Muslim point of view. During the period spanning the fifth and sixth centuries AH, which correspond to the eleventh and twelfth centuries AD, an examination of the historical contexts of Baghdad and Andalusia reveals significant developments. Through meticulous research and thorough analysis of various sources, it is essential to elucidate the perspectives held by Islamic groups and movements on the subject of women. It is imperative to gauge the extent to which societal cultures and traditions permeate religious attitudes towards women. Based on this foundation, a comparative analysis of the viewpoints espoused by Islamic religions and movements in both regions under scrutiny will be undertaken. The study presents the views of scholars and Philosophers in Baghdad and Andalusia, and explains the participation of women in public and cultural activities in both regions.

MENGULIK SEJARAH PERKEMBANGAN TAFSIR ISYARI DAN PANDANGAN PARA ULAMA

The science of the interpretation of the Qur'an continues to develop from time to time. These movements occur in various matters concerning the interpretation of the Qur'an such as methods, approaches, and also styles of interpretation. One form of interpretation that has developed is isyari interpretation. Isyari interpretation also causes problems between scholars with various views. This study aims to discuss and explore more about the history of the emergence of isyari interpretation and its development from time to time accompanied by the views of scholars at that time. The results of the analysis of this article are expected to have a positive influence, both in theory and practice. Theoretically, this research aims to provide an initial understanding and insight into the history of the emergence of isyari tafsir and its development from time to time accompanied by the views of the scholars at that time. While practically, this research is expected to be used as a basis in addressing the differences of opinion regarding the interpretation interpreted in isyari. The method used in this research is qualitative, using literature review. The main data sources used are books related to the discussion and the supporting sources are journals related to the discussion to help analyze the problem. The data processing technique used is by reading and understanding various literature related to the discussion, then analyzing the contents to get conclusions from several data sources used.