Terms Of Islamic Law Research Articles

Tatar ‘ulama’ on permission of the music in Islam

Guzel Sayfullina's article is focused on the discussion of Tatar 'ulama' on the problem of music, whether it is permitted or prohibited in terms of Islamic law. The question of permissibility of music (singing, playing on musical instruments) and listening of music in Islam is a subject of incessant discussions, which can be seen in significant number of sources in different languages. In this article, the contribution of the Tatar theologians into this polemics is shown basing on materials of the beginning of the 20 th century. The subject of music was among the most actual ones: it was discussed in periodicals by ordinary Muslims, it was touched in works of known writers and scholars (S.Nurlati-Bulghari, Sh. Mardjani, Q.Nasiri), and it was studied in special works by the outstanding theologians of the time: Riza Fakhreddin (special chapter in the commentary on hadith Jawami' al-kalim sharhe , 1916), Hasan-Gata Ghabashi (the manuscript of the article on the attitude of Islam towards singing and music, approximately 1908), Hadi Kildebaki (the monograph "Music and Islam", 1909). Written independently from each other and because of different reasons, these works have much in common. The most important for all authors is to show the futility of indiscriminate prohibitions of music and listening in Islam. In their evidence, the authors are based on the analysis of the Koran, various tafsirs , multiple hadith sources, showing brilliant theological erudition. They mention the dependence of interpretation of music on different social "contexts" and its positive influence on a person.

Dilemma of muslim women regarding divorce in South Africa

On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous. In South Africa, marriages may be dissolved by the death of one of the spouses or by divorce. In terms of the Divorce Act, a decree of divorce will be granted by a court of law.Islam grants the husband the right of divorce and also grants the wife the right to request and apply to dissolve the marriage through what is known as Khula, the woman also has the right to a delegated divorce. If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the gifts he has given her. Islam further makes provision for the "reasonable maintenance" of divorced women. The non-recognition of Islamic marriages has the effect that a person married in terms of Shari'ah only, has no right to approach a court of law for a decree of divorce and, unless a husband divorces his wife in terms of the Shari'ah, the wifeis trapped in a marriage, even if the marriage has broken down irretrievably. Thus a custom in South Africa has developed, whereby Muslim husbands refuse to divorce their wives in terms of Islamic law, so as to punish the wife. The wife in turn cannot make use of the South African judiciary to obtain a divorce, because of the non-recognition of her marriage. This is a burden, which is in direct conflict with Islamic law.In 2000 a Bill was drafted by the South African Law Commission. This act will recognise Islamic family law within a constitutional framework. This article deals with the dilemma that a Muslim woman is faced with in South Africa with regards to divorce.

Have your cake and eat it

In this discussion of Carrim v Omarl/Ig the authors highlight two aspects of the case, namely the nature of suretyship and the interaction between Islamic law and the common law. Both authors discuss the complexities of suretyship and other forms of personal security. Scott thoroughly evaluates the interaction between Islamic law and the common law in three recent cases. In Carrim v Omarl/Ig Mrs Omar invested money in the Islamic Bank on the advice of Mr Omar and through him as her agent. Mrs Omar is a very religious person and a devout Muslim. She withdrew her investment from Volkskas Bank because she was uneasy about accepting interest which is lIgharaml/Ig and not lIghalall/Ig in terms of Islamic law. The Islamic institution of a Mudhaarahbah contract determined the nature of the legal relationship between Mrs Omar and the Islamic Bank. This contract is similar to a common-law partnership. In terms of the contract the investor shares in the profits of the investment, but losses are shared equally by all the investors to the amount of their investment. The Islamic Bank was liquidated and Mrs Omar claimed the amount of her investment plus interest from Mr Carrim. She based her claim on an oral guarantee by Mr Carrim that she will not loose any money by investing in the Islamic Bank. Mr Carrim denied the existence of this guarantee and, in the alternative, that if such a guarantee existed, it was void since it did not conform to the formalities prescribed in the General Law Amendment Act 50 of 1956. In the court a quol/Ig the claim succeeded and Mr Carrim appealed against this judgment. The majority of the court held that Mr Carrim undertook a primary obligation, not an accessory one dependant on a principal debt. Therefore, the General Law Amendment Act was not applicable. The appeal was consequently dismissed. In a minority judgment Stegmann J devoted 36 pages of the judgment to criticism of Caney's definition of suretyship and the nature of suretyship. At the beginning he indicated that his judgment is incomplete, but that, due to pressure from his fellow judges, he was unable to pursue the matter further. He upheld the appeal of Mr Carrim. Both authors refer to the uncertainty surrounding personal security in South African law and to a certain extent also in Belgian and French law. Scott is of opinion that the General Law Amendment Act is applicable not only in the case of accessory personal security, but in all forms of personal security. In the absence of a clear choice of law by all parties concerned, Scott further questions the court's application of Islamic Law to determine the legal relationship between Mrs Omar and the Islamic Bank, but the common law to determine the consequences of the relationship between Mrs Omar and Mr Carrim. Scott is generally critical of partial application of Islamic Law and common law to the same set of facts.

Gender Equality, Constitutional Values and Religious Family Laws in South Africa

South Africa has a pluralistic society in which various religious and cultural groups, such as Muslims and Hindus, live according to their own customs and usages. At present the law of South Africa generally does not recognise the validity of some of these customs and usages, for example marriages concluded in terms of Islamic law or Hindu law are not recognised as valid marriages. The consequences of non-recognition have been particularly unfair to women. There have been calls for the recognition of other family law systems and, in particular, for the recognition of Islamic family law. The Constitution of the Republic of South Africa, 1996 recognises the cultural diversity of South Africa and provides for the enactment of legislation recognising other systems of law based on religion or culture. However, such legislative recognition must be consistent with the Bill of Rights and other provisions of the 1996 Constitution. All inequalities between men and women should therefore be dealt with before legislative recognition is given to family law systems that discriminate against women. In this paper the obvious tension between gender-equality and freedom of religion within the new constitutional dispensation is discussed. In doing so, the focus will be on Islamic law and the position of Muslim women with respect to inheritance laws.

Analysis of Buying and Selling Through Online Transactions Perspective of Islamic Law

Research entitled Analysis of Sale and Purchase Through Online Transactions Using the As Salam Agreement Viewed From Islamic Law (Case Study of Buying and Selling Through Online Transactions Using the AsSalam Agreement) This research is normative legal research or library law research which is prescriptive and the method of approach uses qualitative methods. Research on Islamic law through Islamic law research, research on the sale and purchase of AsSalam through online transactions conducted by students of IAI Darussalam Blokagung Banyuwangi Regency. This article is a type of qualitative research that uses descriptive analysis, which describes research data collected both from interviews, observations and research while being collected at the IAIDA Blokagung campus in Banyuwangi Regency. The results showed that basically all forms of muamalah are permissible or permissible, except as otherwise determined by the Al-Quran Sunnah and Ijma '. Buying and selling which is included in the field of muamalah and is specialized in this writing namely as-salam in terms of Islamic law is permissible or halal done with various mechanisms that exist as long as it does not conflict with the Al-Quran As-Sunnah and Ijma '. Then online transactions that are used as a medium or in this case the internet in buying and selling assalam if viewed from Islamic law is permissible as long as its use is not contrary to Islamic principles. Islamic law originating from the Islamic religion itself, views online media as permissible, not in conflict with Islamic principles. Regarding the operational use of the internet in this case, published by buying and selling greetings, further to Urf '. This is what convinces researchers that Islamic law with its three sources has provided a complete and flexible explanation of things that are updated nowadays or modern.