DOCSLIB.ORG

193 the Application of Quranic Interpretation, the Sunna and Ijtihad As the Source of Islamic Law Prawitra Thalib, Faizal Kurnia

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
193 the Application of Quranic Interpretation, the Sunna and Ijtihad As the Source of Islamic Law Prawitra Thalib, Faizal Kurnia The Application of Quranic Interpretation, The Sunna and Ijtihad as The Source of Islamic Law Prawitra Thalib, Faizal Kurniawan, Mohamad Nur Kholiq Faculty of Law, Airlangga University [email protected] Submit: 14-05-2020; Review: 17-11-2020; Terbit: 04-12-2020 Abstract The understanding of Islamic law can not be separated from the interpretation sourced from the Quran, Sunnah and Ijtihad, which later evolved into a flexible and dynamic source of Islamic law following the demands of the times. Although it has flexible and dynamic properties but the interpretation must still maintain the basic principles that remain will never change. This is very important because misunderstand the intent expressed in the Quran and Sunnah will affect the error of understanding the Islamic law itself, therefore it is important to realize that the effort of understanding is not separated from The true interpretation of the will of Allah and the Prophet Muhammad that is contained in the Quran and Sunnah. This paper seeks to introduce the foundation of the pursuits that come from the Quran, Sunnah and Ijtihad, which is done using the method of normative assessment of various references discussing the source of Islamic law. Therefore, it is expected to find the meeting point between the understanding of the Qur'an, Sunnah and Ijtihad with the effort to interpret the source of Islamic law aimed at realizing the benefit of the people. Keywords: Islamic Law, Maslahah, Source of Law. Abstrak Pemahaman hukum Islam pada hakikatnya tidak terlepas dari interpretasi yang bersumber dari Quran, Sunnah dan Ijtihad, yang kemudian berkembang menjadi sumber hukum Islam yang fleksibel dan dinamis mengikuti tuntutan zaman. sekalipun mempunyai sifat fleksibel dan dinamis namun interpretasi tersebut harus tetap mempertahankan prinsip-prinsip dasar yang tetap tidak akan pernah berubah. Hal ini amatlah penting karena salah memahami maksud yang tersurat dalam Quran dan Sunnah tersebut akan berdampak pada kesalahan pemahaman terhadap hukum Islam itu sendiri, oleh sebab itu penting untuk disadari bahwa upaya pemahaman tersebut tidak terlepas dari upaya interpretasi makna yang sesungguhnya dari kehendak Allah dan Nabi Muhammad yang tertuang di dalam Quran dan Sunnah. Tulisan ini berusaha mengenalkan fondasi pemaknaan yang berasal dari Quran, Sunnah dan Ijtihad, yang mana hal ini dilakukan menggunakan metode pengkajian normatif terhadap berbagai referensi yang membahas tentang sumber hukum Islam. Sehingga diharapkan dapat menemukan titik temu antara upaya pemahaman Al Quran, Sunnah dan Ijtihad dengan upaya interpretasi terhadap sumber hukum Islam yang bertujuan mewujudkan kemaslahatan umat. 193 RechtIdee, Vol. 15, No. 2, Desember 2020 194 Kata kunci: Hukum Islam, Maslahah, Sumber Hukum. Introduction the fiqh experts. This reached its The Quran is the undeniable peak when Caliph Umar ibn Abdul main source of law for the Muslims Aziz ruled. He ordered the attempt of (Abdullah Ahmed An Naim, 2004: collecting and codifying Sunna. This 33-34), but sometimes the zannian was intended that the presence of the (the nature of being observable), the codified Sunna in a systematic interpretation of the zanni nature that arrangement would facilitate to be brings the opportunity of Quranic the reference for the judges and interpretation when solving a administrators of their territories to problem that arises in the perform their duty (Wael B. Hallq, community, besides the existence of 1997: 14). Moslems in general Sunna and Ijtihad that support the acknowledge that the Islamic law or implementation of the Quran Sharia derives from the Quran and interpretation (Prawitra Thalib, 2016: Sunna which was extracted through a 111). For Muslims, it is clear that the specific methodology (usul al-fiqh) belief, devotion, and love to Prophet developed by Islamic scholars in the Muhammad Peace be upon him are eighth and ninth centuries (Peri ones of the factors that can unify the Bearman, 2008: 323-324). moslems in the bond of ukhuwah In its development, Sharia as a Islamiyah, but it does not apply to coherent system was started at the the non-moslems (Prawitra Thalib, beginning of Abbasid Caliphate (750 2013: 44). The explication and CE). This was indicated by the development or regulation of the emergence of law schools, the verses of the Quran then generated collection of Prophet Muhammad the second source of Islamic law, Peace be upon him Sunna that is Sunna. In the end of Rashidun systematically as the second source Caliphate’s reign until the reign of of Sharia, and the establishment of Umayyad dynasty, Sunnah became law methodology which then known the most popular subject of study by as the knowledge of foundation or 195 RechtIdee, Vol. 15, No. 2, Desember 2020 principles understood by the source of law that is everlasting, mankind as the source derived from permanent, definite, yet the meaning God Almighty (usul al fiqh) (Akbar content can be analyzed deeper Ahmed, 2001: 48). The previous (interpretable). This happens so that explanation emphasizes that the law the genuineness identity of Islam can theory started from the assumption be assured all the time. Meanwhile, that the Quran is the holiest source of the aqli source of law is the law and Muhammad Peace be upon manifestation of Islamic law him as Rasulullah or God’s dynamism in answering the new Messenger is the man who emerging issue. Thus, by relying on understands God’s pretention the human’s mind, the Islamic law will most compared to other human always be up-to-date in all aspects of beings and acts in accordance with human’s life. Herein lies the His pretention and volition in his relevance that Sharia will remain everyday life. Muhammad Peace be appropriate in every time and place upon him habits in his daily life are (Prawitra Thalib, 2013: 49). It is also regarded as Sunnah and every important to remember that the utterance, direction, or narration he source of law is not the epistemology spoke is called as Hadith. The of ushul al-fiqh since ushul al-fiqh is Islamic law in general recognizes larger than the source of law and the two main sources of law, that is the source of law is included into the naqli (source is the source of law that parts of ushul al-fiqh (Prawitra the formation does not require Thalib, 2018: 443). Therefore it is mujtahid’s role ) and aqli (The aqli necessary to describe how to use the source is the source of law that the Quranic interpretation, The Sunna formation requires the role of and Ijtihad as a source of Islamic mujtahid and his mind) sources of law. law (Sami Zubaida, 2005: 12). From the explication above, it Research Methods can be comprehended that the first Based on Peter Mahmud source of law which is naqli is the Marzuki’s (Peter Mahmud, 2017: 60) RechtIdee, Vol. 15, No. 2, Desember 2020 196 book legal research are used to solve the topics from the history both in existing legal problems. From that, terms of the law or its existences. this research used the type of normative legal research. Results and Discussion Normative legal research used The Quran prescriptive where the object of legal The Quran has the highest rank science is coherence between legal as the absolute source of law that norms and legal principles, between came from Allah The Almighty, then legal rules and legal norms, and is followed by Sunnah and ijtihad, between individual behavior and ijma and qiyas. The instruction to legal norms. From the type of this obey the command of Allah The research that used normative legal Almighty and his Messenger can be research it also related to doctrinal found in Q.S. An-Nisa:59 (Rahmat research and historical research. Taufiq Hidayat, 2000: 1). Regarding Doctrinal research is a research the places where the verses of the that produces a systematic Quran were revealed, the verses can explanation of legal norms that be categorized into two that is the arrange a particular legal category, Mecca and Medina verses. The analyzes the relationship between Mecca verses are the verses revealed legal norms, explains difficult areas, when Muhammad Peace be upon and is expected to also provide him was still in Mecca, which was predictions regarding the approximately 13 years. Meanwhile, development of legal norms in the the Medina verses are the verses future. revealed when Muhammad Peace be While historical research upon him already migrated to approach to legal research helps Medina (Juan El Campo, 2009: 571). untangle legal problems rooted in the Regarding the chapter past. It often provides guideposts categorizations, The Quran is divided showing how things are done before. into 114 chapters or surah which It also explains how the beginning of actually means noble, high degree, or levels on a building. Every surah has 197 RechtIdee, Vol. 15, No. 2, Desember 2020 different length. The longest surah is of Prophet Muhammad Peace be Al-Baqarah which consists of 286 upon him himself. After the verses and the shortest surah is Al- manuscript arrangement had Kawthar which consists of three completed into a mushaf, Zayd verses (Rahmat Taufik Hidayat, submitted it to Caliph Abu Bakr to 2000: 8-9). The idea of the Quran be preserved and maintained. Then, codification into a whole manuscript after the decease of Abu Bakr, the (mushaf) was initially proposed by preservation and maintenance of the Umar ibn Khattab. This occurred Quran’s mushaf was continued by because, after the battle of Yamama, Caliph Umar ibn Khattab, which about 70 qurro (the experts of then after he passed away, the reading the Quran) and huffaz (the preservation and maintenance of the Quran memorizers) were Shaheed, mushaf was continued by his thus this raised Umar ibn Khattab’s daughter, Siti Hafsah (Rachmat concern of the Quran’s purity loss.
Load more

Recommended publications
  • Conditions of a Valid Custom in Islamic and Common Laws
    International Journal of Business and Social Science Vol. 3 No. 4 [Special Issue - February 2012] Conditions of a Valid Custom in Islamic and Common Laws Hafiz Abdul Ghani Assistant Professor of Religious Studies Forman Christian College (A Chartered University) Lahore, Pakistan Abstract This research paper highlights different kinds of customs and conditions for the validity of a legal custom in Islamic Sharī’a and common law. Both Islamic and the Western Jurisprudences have accepted custom and usages as an important sources of law. There is hardly any aspect of Islamic and English Jurisprudences where customary laws do not make their presence felt. From the individual to the international level, the use of customs in legal injunctions is a proven and undeniable fact. In social interaction, customs and usages encompass all these matters of every day life: inheritance, marriage, divorce, dowry, guardianship, adulthood, family ties, will, property, bestowal, division, religious rituals and adoption of a child. It is true that ‘urf and ‘ādat cannot attain the status of law unless they are supported by some political authority. But this is also a fact – and an undeniable fact – that, in the beginning, customs and usages as well as moral values acquired the status of laws. Key Words: Custom, Usage, ‘Urf , Ādat, sharī‘a, Law, jurisprudence Introduction Custom and usage are two technical terms of English jurisprudence which are known in Islamic jurisprudence as Literally and technically, these terms differ but in usage in society they overlap each .(عاده) and Ādah(عشف) Urf‘ other. In Islamic Law the definition of custom is stated as follows: “‘Urf or ‘ādah is (a state) which is firmly established in hearts and appeals one logically.
    [Show full text]
  • A Comparative Study of Both Islamic Law and Common Law Systems Rahma Hersi LL.M
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Cornell Law Library Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law School Inter-University Graduate Conferences, Lectures, and Workshops Student Conference Papers 4-14-2009 A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems Rahma Hersi LL.M. Graduate, Indiana University School of Law Follow this and additional works at: http://scholarship.law.cornell.edu/lps_clacp Part of the Religion Commons Recommended Citation Hersi, Rahma, "A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems" (2009). Cornell Law School Inter-University Graduate Student Conference Papers. Paper 29. http://scholarship.law.cornell.edu/lps_clacp/29 This Article is brought to you for free and open access by the Conferences, Lectures, and Workshops at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law School Inter-University Graduate Student Conference Papers by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. A VALUE ORIENTED LEGAL THEORY FOR MUSLIM COUNTRIES IN THE 21ST CENTURY. A COMPARATIVE STUDY OF BOTH ISLAMIC LAW AND COMMON LAW SYSTEMS. Submitted by: Rahma Hersi LLM Graduate; International Comparative Law Track, Indiana University School of Law TABLE OF CONTENTS Introduction 1 Sources of Law in the Islamic Legal Tradition…………………. 3 2:1 Agreed Upon Sources& Disputed Sources……………………… 2 2.2 What if Jurist doesn’t find the Law in a given Source…………..4 2:3 Istihsan is it accepted by all Schools in Islam……………………5 3.
    [Show full text]
  • The Existence of Maslahah Mursalah As the Basis of Islamic Law Development in Indonesia
    Jurnal Krtha Bhayangkara, Volume 13 Nomor 2, Desember 2019 THE EXISTENCE OF MASLAHAH MURSALAH AS THE BASIS OF ISLAMIC LAW DEVELOPMENT IN INDONESIA Adi Nur Rohman Fakultas Hukum, Universitas Bhayangkara Jakarta Raya [email protected] Naskah diterima: Revisi: Naskah disetujui: 2/09/2019 22/09/2019 4/10/2019 Abstrak Makalah ini bertujuan untuk menganalisis konsepsi maslahah dalam wacana perkembangan hukum Islam. Selanjutnya, makalah ini menguraikan keberadaan masalah dan melihat lebih dalam ke dalam implementasi masalah sebagai dasar untuk pengembangan hukum Islam di Indonesia. Makalah ini adalah yuridis normatif menggunakan pendekatan doktrinal. Pada akhirnya, dapat disimpulkan bahwa konsepsi maslahah adalah metode penggalian hukum Islam yang didasarkan pada aspek manfaat dan kebaikan bagi manusia selama tidak bertentangan dengan norma syariah Islam. Selain itu, implementasi masalah sebagai dasar untuk penemuan hukum Islam di Indonesia tidak dapat disangkal. Hal ini dapat dilihat dari daruratnya undang-undang atau peraturan di bawahnya yang mengatur berbagai aspek hukum Islam di Indonesia dalam menanggapi masalah kehidupan masyarakat sebagai dampak dari zaman dan teknologi. Kata Kunci: eksistensi, maslahah mursalah, hukum Islam. Abstract This paper aims to analyze the conception of maslahah in the discourse of the development of Islamic law. Furthermore, this paper elaborates the existence of maslahah mursalah and looks deeper into the implementation of maslahah as a basis for the development of Islamic law in Indonesia. This paper is normative juridical using a doctrinal approach. In the end, it can be concluded that the conception of maslahah is a method of extracting Islamic law which is based on aspects of benefit and goodness for humans as long as it does not conflict with Islamic sharia norms.
    [Show full text]
  • Join the MCA Mailing List and Stay Connected Advertisements Is Tuesday at 5:00 PM 2 46
    PRAYER TIMINGS Effective 02/13 MCA NOOR Fajr 6:10 6:10 Dhuhr 12:35 12:35 Asr 3:45 4:30 Maghrib Sunset Sunset Isha 7:20 7:20 Juma 1 12:15 12:15 Juma 2 01:00 01:00 Newsletter Juma 2 01:45 01:45 Published Weekly by the Muslim Community Association of San Francisco Bay Area www.mcabayarea.org Jamadi ‘II 30, 1442 AH Friday, February 12, 2021 Grand Mosque of Brussels AL-QURAN And to Allah belong the best names, so invoke Him by them. And leave [the company of] those who practice deviation concerning His names.1 They will be recompensed for what they have been doing. Quran: 7:180 HADITH Narrated/Authority of Abdullah bin Amr: Once the Prophet remained behind us in a journey. He joined us while we were performing ablution for the prayer which was over-due. We were just passing wet hands over our feet (and not washing them properly) so the Prophet addressed us in a loud voice and said twice or thrice: “Save your heels from the fire.” Al-Bukhari: Ch 3, No. 57 Final Deadline to submit Join the MCA Mailing List and Stay Connected Advertisements is Tuesday at 5:00 PM www.mcabayarea.org/newsletter 2 46. Al-Hakeem (The Wise One) The Wise, The Judge of Judges, The One who is correct in His doings. “And to Allah belong the best names, so invoke Him by them.” [Quran 7:180] 3 Youth Corner Mahmoud’s Love for Basketball There was a boy who was 9 years old, standing tall at he didn’t like was every Friday night the basketball court the gate “HEY” and his adrenaline freezes, the ball 4 feet and 5 inches, and weighing a whole 90 pounds.
    [Show full text]
  • Preparing for Dr Patrick Graham on Contemporary Islamic Theology We Recommend the Following
    Preparing for Dr Patrick Graham on Contemporary Islamic Theology we recommend the following. OPEN LETTER TO POPE BENEDICT XVI OCTOBER 4TH, 2006 WRITTEN AND SIGNED BY LEADING MUSLIM SCHOLARS AND LEADERS IN RESPONSE TO POPE BENEDICT XVI’S REMARKS ON ISLAM AT THE REGENSBURG LECTURE ON SEPTEMBER 12, 2006 In the Name of God, the Compassionate, the Merciful, And may Peace and Blessings be upon the Prophet Muhammad OPEN LETTER TO HIS HOLINESS POPE BENEDICT XVI In the Name of God, the Compassionate, the Merciful, Do not contend with people of the Book except in the fairest way . (The Holy Qur’an, al-Ankabuty 29:46). YOUR HOLINESS, WITH REGARDS TO YOUR LECTURE AT THE University of Regensburg in Germany on September 12th 2006, we thought it appropriate, in the spirit of open exchange, to address your use of a debate between the Emperor Manuel II Paleologus and a “learned Persian” as the starting point for a discourse on the relationship between reason and faith. While we applaud your efforts to oppose the dominance of positivism and materialism in human life, we must point out some errors in the way you mentioned Islam as a counterpoint to the proper use of reason, as well as some mistakes in the assertions you put forward in support of your argument. THERE IS NO COMPULSION IN RELIGION You mention that “according to the experts” the verse which begins, There is no compulsion in religion (al-Baqarah 2:256) is from the early period when the Prophet “was still powerless and under threat,” but this is incorrect.
    [Show full text]
  • Compatibility of Sharia Law with the European Convention on Human Rights: Can States Parties to the Convention Be Signatories to the “Cairo Declaration”?
    http://assembly.coe.int Doc. 14787 03 January 2019 Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories to the “Cairo Declaration”? Report1 Committee on Legal Affairs and Human Rights Rapporteur: Mr Antonio GUTIÉRREZ, Spain, Socialists, Democrats and Greens Group Summary The Committee on Legal Affairs and Human Rights considers that the 1990 Cairo Declaration on Human Rights in Islam, whilst not legally binding, has symbolic value and political significance in terms of human rights policy under Islam. However, it fails to reconcile Islam with universal human rights, especially insofar as it considers Sharia law as its sole source of reference and does not recognise certain rights. The committee is therefore concerned that three Council of Europe member States – Albania, Azerbaijan and Turkey – are signatories to the 1990 Cairo Declaration, as are Jordan, Kyrgyzstan, Morocco and Palestine, whose parliaments enjoy partner for democracy status with the Parliamentary Assembly. The committee considers that where human rights are concerned there is no room for religious or cultural exceptions. Member States and partners for democracy should bolster religious pluralism, tolerance and equal rights of all. Bridges of understanding between Sharia law and the European Convention on Human Rights should be created, on the prior condition of acceptance that the Convention is an international instrument binding on all States Parties. This report also addresses the actual application of Sharia principles in certain member States and makes country-specific recommendations. 1. Reference to committee: Doc. 13965, Reference 4188 of 4 March 2016. F - 67075 Strasbourg Cedex | [email protected] | Tel: +33 3 88 41 2000 | assembly.coe.int Doc.
    [Show full text]
  • Arabic Material in Zanzibar's National Archive
    CHAPTER 24 Textual sources on an Islamic African past: Arabic material in Zanzibar’s National Archive Anne K Bang The Zanzibar National Archives (ZNA) in the Kilimani district outside Zanzibar Stone Town is home to a rich collection of material in Arabic and also a number of documents in Swahili in the Arabic script.1 This material dates from the Omani era of East African history (c.1800–90) as well as from the period of the British protectorate (1890–1963). Among these is a large collection of Arabic manuscripts originating from Zanzibar itself, from East Africa, Oman as well as the Middle East. There is also a rich collection of Arabic correspondence deriving from the sultans of Zanzibar with contemporaries in Africa, the Middle East and Europe, as well as qadi (shari‘a) court records, title deeds and waqf files. The Islamic presence in East Africa has been both extensive and diverse, and this is reflected in the collection held in the ZNA. The richness and variety of the Free download from www.hsrcpress.ac.za collection recently led it to be nominated for the United Nations Educational, Scientific and Cultural Organisation’s Memory of the World Register.2 In the past decade, several researchers – African, western and Omani – have started to use this wealth of material as direct sources for historical research. The nature of the manuscripts and documents is almost exclusively Islamic, that is, a combination of manuscripts deriving from all Islamic sciences, legal handbooks and rulings, poetry and correspondence. Challenging statements by earlier scholars of Islamic Africa, Scott Reese has pointed out that texts of a religious nature are in themselves of historical value, in so far as they demonstrate a level of knowledge, interconnectedness and technology at a certain place at a certain point in time.
    [Show full text]
  • Muadh Ibn Jabal a Tremendous Admonition
    A Tremendous Admonition from Mu’ādh bin Jabal His Amazing Life: The Status of Knowledge and its Fruits By Abu Khadeejah Abdul-Wāhid Alam 1 of 18 abukhadeejah.com ّ ْ َ ْ َ ّ َ ْ َ ُ ُ َ َ ْ َ ُ ُ َ َ ْ َ ْ ُ ُ َ َ ُ ُ ّ ْ ٕان المد ِ&ِ نمده ونستعِينه ونستغفِره ونعوذ بِا&ِ ِمن َ َ ُ ُ ٔ ْ ُ َ َ ْ َ ّ َ ٔ ْ َ َ َ ْ َ ْ ّ ُ َ َ ُ ّ شورِ انف ِسنا و ِمن سيِئا ِت اعما ِلا من يه ِدهِ ا& فD م ِضل َ َ ْ ُ ْ ْ َ َ َ َ َٔ ْ َ ُ َٔ ْ َ َ ّ ّ ُ ْ َ َ ُل َومن يضلِل فD ها ِد َي ُل َواشهد ان R ٕا َل ٕاR ا& َوحد ُه R َ َ َ َ َ ُ َ ٔ ْ َ ُ ٔ ّ ُ َ ّ ً َ ْ ُ ُ َ َ ُ ُ ُ ِشيك ل واشهد ان ممدا عبده ورسول Praise is due to Allah, we praise Him and we seek His help and His forgiveness. We seek refuge with Allah from the evil of our own souls and from our bad deeds. Whomsoever Allah guides will never be led astray and whomsoever is led astray, no one can guide. I bear witness that none has the right to be worshipped but Allah, alone without partner or associate, and that Muhammad () is His slave and His Messenger.
    [Show full text]
  • Ijtihad Institutions: the Key to Islamic Democracy Bridging and Balancing Political and Intellectual Islam Adham A
    Richmond Journal of Global Law & Business Volume 9 | Issue 1 Article 4 2010 Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam Adham A. Hashish Alexandria University Follow this and additional works at: http://scholarship.richmond.edu/global Part of the Comparative and Foreign Law Commons, and the Religion Law Commons Recommended Citation Adham A. Hashish, Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, 9 Rich. J. Global L. & Bus. 61 (2010). Available at: http://scholarship.richmond.edu/global/vol9/iss1/4 This Article is brought to you for free and open access by the Law School Journals at UR Scholarship Repository. It has been accepted for inclusion in Richmond Journal of Global Law & Business by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. \\server05\productn\R\RGL\9-1\RGL103.txt unknown Seq: 1 2-FEB-10 14:13 IJTIHAD INSTITUTIONS: THE KEY TO ISLAMIC DEMOCRACY BRIDGING AND BALANCING POLITICAL AND INTELLECTUAL ISLAM Adham A. Hashish* “Be conscious of God, And speak always the truth.”1 Religion is a timeless culture in the Middle East. This article interprets Islam not only as part of the problem of democracy in the Middle East, but rather part of the solution. It proposes a formula of checks and balances that has its origins in Islamic history. In order to introduce this topic, first, I will focus on three stories; second, I will tell some history; and third, I will make my argument. Wikipedia, a free online encyclopedia, is a common source of information.
    [Show full text]
  • Untangling the Complex Web of Islamic Law: Revolutionizing the Sharia Maliha Masood
    The Fletcher School Online Journal for issues related to Southwest Asia and Islamic Civilization Fall 2003, Article 4 Untangling the Complex Web of Islamic Law: Revolutionizing the Sharia Maliha Masood The Foundation of the sharia is wisdom and the safeguarding of people’s interests in this world and the next. In its entirety, it is justice, mercy and wisdom. Every rule which transcends justice to tyranny, mercy to its opposite, the good to the evil and wisdom to triviality does not belong to the sharia although it might have been introduced therein by implication. The sharia is God’s justice and mercy among His people. —Ibn al‐Qayyim al‐Jawziya, Medieval Muslim Jurist Seeking knowledge is mandatory for every Muslim. —Prophet Muhammad (PBUH) hotly contested decisions. Therefore, the The Concept of Law in Islam peculiarity inherent in Islamic law is its dual When scholars, politicians or lay observers nature as both divine law and jurists’ law. speak of “Islamic law,” it is presumed that they It is important to keep in mind that the sharia are referring to “the sharia.” However, as becomes law through the process of interpretation, 2 demonstrated in this analysis, there is a subtle, codification and legislation. This is the but important, distinction between these two fundamental goal of Muslim jurisprudence: to terms. The sharia is the totality of divine reach an understanding (fiqh) of God’s categorizations of human acts as laid out in the articulations (sharia). Consequently, Muslim legal Quran and the Hadith, constituting issues of both theory is referred to as usul‐al‐fiqh or the sources 1 3 legality and morality.
    [Show full text]
  • Proquest Dissertations
    The history of the conquest of Egypt, being a partial translation of Ibn 'Abd al-Hakam's "Futuh Misr" and an analysis of this translation Item Type text; Dissertation-Reproduction (electronic) Authors Hilloowala, Yasmin, 1969- Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 10/10/2021 21:08:06 Link to Item http://hdl.handle.net/10150/282810 INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly fi-om the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectiotiing the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book.
    [Show full text]
  • 8.7 the Four Caliphs by the Time of Muhammad's Death, Most of Central and Southern Arabia Was Under the Control of Muslims
    Name and Date: _________________________ Text: HISTORY ALIVE! The Medieval World MARK YOUR TEXT FIRST THE GIST!!! Record the gistGIST of ofthese these 1. Place a ! next to extremely important info (main idea). paragraphs using 10 words or less for each 2. Place ? next to paragraph that doesn’t make sense. paragraph. 3. Circle “O” any word/key terms you don’t understand. 4. Place a if you understand what you read. 8. 7 The Four Caliphs By the time of Muhammad’s death, most of central and ____________________________________________ southern Arabia was under the control of Muslims. Now, __________________________________________ his followers had to choose a new leader to preserve the community. They chose Abu Bakr, Muhammad’s friend __________________________________________ __________________________________________ and father-in-law. __________________________________________ Abu Bakr became the first caliph (KAY-lif), or Muslim ruler. He and the three leaders who followed him came to ____________________________________________________________________________________ be known to a large group of Muslims as the “rightly __________________________________________ guided” caliphs. These caliphs were said by this group of Muslims to have followed the Qur’an and the example of __________________________________________ __________________________________________ Muhammad. The Muslim government led by the caliphs __________________________________________ was called the caliphate. When some tribes tried to break away, Abu Bakr used __________________________________________
    [Show full text]