Print This Article
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Is Any Benefit Prohibited in Islam?
Munich Personal RePEc Archive Is any benefit prohibited in Islam? Abozaid, Abdulazeem Qatar Foundation 2018 Online at https://mpra.ub.uni-muenchen.de/92523/ MPRA Paper No. 92523, posted 21 Mar 2019 09:41 UTC IS ANY BENEFIT FROM A LOAN PROHIBITED IN ISLAM? Abdulazeem Abozaid Qatar Foundation Abstract It is a well-established rule in the Shariah (Islamic law) that a loan contract is of a charitable nature and as such the lender may not stipulate any excess or benefit from the borrower. However, it is also known in the Shariah that if the benefit from a loan comes to the lender voluntarily and it is not stipulated in the loan contract then it is permissible. This exception derives from some reports that the Prophet used to repay his debt with some increment, and to this effect he said: "The best amongst you are those who benevolently repay their debts”. Moreover, within Islamic law there exist some juristic opinions allowing the lenders to derive some indirect benefits from the loan contract, such as stipulating that the repayment of the debt is to be made in a place different from the one where the loan was first initiated, as this may save transfer costs and effort, or in utilizing, with conditions, the assets mortgaged against the loan. These exceptions may in principle nullify the general understanding that “any loan which results in a benefit is considered a form of usury” in Islam. The paper comes to define the prohibited benefits on a loan in Islam, thereby building the basis for addressing important questions, such as: i) are reciprocal loans prohibited in Islam? ii) is repaying the loan with excess to cater for inflation lawful? iii) is the benefit that pertains to the lender and does not harm or burden the borrower lawful? Answering these questions shall help set out the parameters for what constitutes unlawful benefits obtainable from a loan contract. -
The Nature of Riba in Islam
THE NATURE OF RIBA IN ISLAM By: M. Umer Chapra1 Abstrak Perdebatan masalah riba seperti tidak pernah selesai di diskusikan oleh banyak kalangan, baik akademis, organisasi keagamaan, bahkan sampai pada forum-forum intenasional. Beberapa terminologi dibahas dengan baik dalam tulisan ini yang dimulai dengan pelarangan riba itu sendiri kemudian pembagian-pembagian riba, diantaranya riba al-Nasi’ah dan riba al-Fadl, serta implikasi dari dua bentuk riba tersebut. Pembahasan didukung dengan pendapat-pendapat para ulama dan ekonom yang merujuk langsung dari ayat-ayat al-Qur’an, sampai pada perdebatan hukum. Demikian juga al-Qur’an sangat jelas membedakan antara riba dan perdagangan, namun pelarangan riba sangat jelas bahkan diperkuat dengan hadits-hadits yang dengan eksplisit melarang riba. Dijelaskan pula tentang perbedaan antara riba dan bunga bank. Islam sangat menentang bunga bank karena Islam berharap terjadinya sistem ekonomi yang mengeliminasi seluruh bentuk ketidakadilan dengan memperkenalkan keadilan antara pengusaha dan pemilik modal, yaitu berbagi resiko dan berbagi hasil. ŭ ΊņĨŧ Ώ 1 ΎỲŏΉė ΞΊẂ ĤΣΔĜŧ ΔΩė ĥ ĜẃΐĨľė Έ΅ Ή ģŊΜūΕ╬ė ĥ ĜΡĜỳΉė ΎΙā ŋķā ĤΡŊĜųĨ⅝Ϋė – ĤΣẂĜΐĨį Ϋė ĤΉėŋẃΉė ŋẃħ ĥ ĜẃΐĨĴ ΐΊΉ ĤĢŧ ΕΉĜġΛ .ĤΡĜỳΉė ΖōΙ ⅜Σ⅞ĸĨΉ ĤẃĢĨ╬ė ĥ ĜΣĴ ΣħėŏĨŦΫė ∟ ĥ ĜẃΐĨľė Ίħ ╚ġ ‛ άĨŅė ŊΜį Λ ΒΏ ĤΣĴ ΣħėŏĨŦΫė Ίħ ŏŲĜΕẂ ŋķā ΞΊẂ ⅜₤ėΜħ Ĥ╤ ªΌάŦΩėΛ ĤΣΔėŏųΕΉėΛ ĤΡŊΜΚΣΉėΛ ĤΣŦΛŋΕ▀ė ŭ ŅΧė ΞΊẂΛ ªĤΣΕΡŋΉė Η╠ė ŋ⅝ ⌠ΛΧė ĤīάĬΉė ĥ ĜΔĜΡŋΉė ẀĜĢħā ΒΏ ♥ė╙Ģ΄ ♥ĜĢΔĜį ΑĜ΄ ėŌċΛ .ŊΜ⅞ΕΉė Ŵėŏ⅝ċ ΒẂ ĤΊųĸĨ╬ė ģŋĕĜ℮Ήė ┐ŏ╡ ΜΙΛ ĜΏ ΑĈġ ĤΉŊĜľė ΑΜΉΛĜ► ΝŏŅΧė ĥ ĜΔĜΡŋΉė ẀĜĢħĈġ ΠŦĈĨΉė ∟ ╚ĢỲėŏΉė ╚ΐΊŧ ╬ė -
As-Sifat Al-Khbriya) Between Denial and Proof Are a New Vision
Journal of University of Shanghai for Science and Technology ISSN: 1007-6735 Informative Qualities (As-Sifat Al-Khbriya) Between Denial And Proof Are A New Vision Assistant Professor Dr. Mohammed Mohsin Radhi University of Anbar / College of Islamic Sciences Research Summary Informative qualities(As-Sifat Al-Khbriya) between denial and proof are a new vision Assistant Professor Dr. Mohammed Mohsin Radhi University Of Anbar / College Of Islamic Sciences This is the study deals with the knowledge of what is meant by informativeattributes and the doctrines of Islamic sects. It gives views and solutions to the dispute in this matter to reach a new vision. The most prominent results are: 1. Informative qualities: are words added to God Almighty, which may have the meaning of simile and anthropomorphism, Such as hand, eye, face, soul, coming, the accessories of that include prejudice, direction, movement, transition and disappearance, and the way to prove it is what is mentioned inQuran and Sunnah. 2. The Islamic sects on this issue are divided into three schools: the firstis the doctrine of proof with analogy and anthropomorphism. The second is the doctrine of interpretation. The thirdis the doctrine of proof with deanthropomorphism and authorization. 3. Thefirst of these words in terms of adding them to the Almighty Godis not to discusstoo muchfor God Almighty has the knowledge of them. We do not say are the qualities, nor we deny it too; because the texts are not conclusive in indicating the descriptive one. The lack of realization of the proper fit is between it and God Almighty. Otherwise, it is possible to interpret the verses that included these words and interpret them according to the general context in which they are mentioned. -
Clarifying the Position of Ahlus-Sunnah Wal-Jama'ah In
Clarifying the Position of Ahlus-Sunnah Wal-Jama’ah In Response to The Asharites Denial of Certain Attributes of Allah Ahmed Lasisi International Open University (IOU) 1 RESPONSE TO ASHARITES DENIAL OF ALLAH’S ATTRIBUTES Abstract This paper explores the implications of the Asharites position based on the concept of Jawhar and A’rad. It examines the origins of the concepts and the basis for the attempt to describe contingencies by them. The position of the scholars of Sunnah concerning the use of such entities are examined before reviewing the peculiarities associated with the rejection of Allah’s attributes according to the Asharis. The basis of denying Allah’s attributes according to the Asharis is identified, as well as what that portends regarding the existence of a Supreme. Finally, the position of the Ahlus-Sunnah regarding the attributes of Allah are introduced in general, with emphasis on those attributes rejected by the Asharites. This work closes with an encouragement to stick to the methodology of the Salaf in addressing issues regarding revealed knowledge of which the names and attributes of Allah are of utmost importance. Keywords: Jawhar, A’rad, Names and Attributes of Allah, Ash’ari 2 RESPONSE TO ASHARITES DENIAL OF ALLAH’S ATTRIBUTES Clarifying the Position of Ahlus-Sunnah Wal-Jama’ah In Response to The Asharites Denial of Certain Attributes of Allah may His peace and benedictions be upon the noblest of ,(ﺳﺒﺤﺎﻧﮫ وﺗﻌﺎﻟﻰ) Praise be to ALLAH .his household, companions, and his followers till the Last Day ,(ﷺ) mankind, Muhammad As to what follows, the proposition brought forward by the Ash’ari scholar, as intelligent as it may seem, is tantamount to denying the essence and attributes of Allah altogether. -
1 Zina , Rape, and Islamic
ZINA 1, RAPE, AND ISLAMIC LAW: AN ISLAMIC LEGAL ANALYSIS OF THE RAPE LAWS IN PAKISTAN A Position Paper by KARAMAH: MUSLIM WOMEN LAWYERS FOR HUMAN RIGHTS Introduction The zina and rape laws of Pakistan are the subject of heated debate both inside and outside the Muslim world. Opponents of the Shari’a law have found in the subject an ideal opportunity to attack Islamic law as patriarchal and unjust to women. Some have even argued that Shari’a law, in its entirety, should be abolished. On the other hand, many serious Muslim scholars and activists are themselves troubled by these Pakistani laws regarding zina and rape. They view them as incompatible with basic Qur’anic principles and the prophetic tradition. After serious study, we at KARAMAH have concluded that the Pakistani laws of zina and rape as they currently stand, are incompatible with Islamic law. In reaching this conclusion, we have relied first on the Holy Qur’an and the Sunnah of the Holy Prophet, then on the works of such major scholars as the great Imam Abu Hanifah, whose school of thought provides the foundation of Pakistani law. We also relied on the works of Imam Malik, Imam al-Shafi’i, Ibn Hazm, and others, as the rest of this position paper will make clear. Furthermore, it is our deep belief that the practice and application of Islamic law must be accomplished within its intrinsic objectives and intentions. Indeed, hudood 2 are to be perceived as part of a comprehensive system of social and moral values that works in harmony to build a healthy society and protect it, not only as punishment for wrongdoers and criminals. -
Al-Ghazali and Marriage from the Viewpoint of Sufism
AL-GHAZALI AND MARRIAGE FROM THE VIEWPOINT OF SUFISM Kaoru AOYAGI* This paper analyzes Abu f:lamid al-Ghazali (d.llll )'s Book on the Manners of Marriage (Kitab Adab al-Nika~) in his The Revival of the Religious Sciences (J~ya' 'Ulum al-D"in}, and examines the relation between the ideal married life and the practices of Sufism. In studies until now, the contents of this book have been often examined from the viewpoint of sexuality and the problem of women in Islam; however, not much attention has been paid to al-Ghazall's evaluation of marriage within Sufism in these studies. Rather, in studies of marriage, women, and sexuality in Sufism, the focus has usually been on the ideas on sexuality of Ibn al-' Arabi ( d.1240), while few studies of al-Ghazali's Sufism analyze his discussion of marriage. Therefore, the main objective of this paper is to examine al-Ghazali's discussion of marriage from the viewpoint of Sufism and to clarify its originality in the history of Sufi thought, comparing it with that of Abu Talib al-Makki (d.998), a Sufi who influenced al-Ghazali considerably and discussed marriage in detail. Al-Ghazali argues that there are many advantages in living with a wife in marriage, and he demonstrates that a man can devote himself to the worship of God and lead an ideal Sufi life with the help of marriage. On the other hand, al-Makki maintains that celibacy is preferable, at least in his time. Most of his discussion is fragmentary and not as developed as al Ghazali's, though he does treat marriage more comprehensively than the Sufis before him. -
Authority of the Sunnah As a Source of Law in the Case of Stoning to Death of a Convicted Adulterer
Jurnal Syariah, Jil. 16, Shariah Journal, Vol. 16, Keluaran Khas (2008) 429-442 Special Edition (2008) 429-442 INTERPRETING AND UNDERSTANDING THE COMMAND OF GOD: AUTHORITY OF THE SUNNAH AS A SOURCE OF LAW IN THE CASE OF STONING TO DEATH OF A CONVICTED ADULTERER Azman Mohd Noor* Mohd Al-Ikhsan Ghazali** ABSTRACT There is no disagreement among the jurists of all schools of law over the punishment of flogging 100 lashes for zina as prescribed in the Qur’an for ghayr muhsan (unmarried Muslim men and woman convicted of zina).With regards to al-rajm (stoning to death), the majority of jurists hold that the punishment for a convicted married Muslim is stoning to death. The foundation for this ruling is mostly based on the Sunnah as the Qur’an is silent on the provision of such punishment. Nevertheless, besides this mainstream view of the vast Muslim majority, there are varying opinions advocated by the Mu‘tazilites and Kharijites and some contemporary scholars who suggest that the penalty for zina is confined to flogging 100 lashes, and this penalty is uniform regardless of the criminal’s marital background. This paper aims to investigate the efforts made by commentators of al-Qur’an, scholars of hadiths as well as Muslim jurists in the light of the authority of the Sunnah in order to interpret what is intended by the Lawgiver pertaining to the provision of * Assistant Professor at Department of Fiqh, Kulliyyah of Islamic Revealed Knowledge, International Islamic University Malaysia, [email protected], azzmannor@yahoo. co.uk. ** Senior Lecturer at Department of Islamic Studies and Civilization, Universiti Teknologi Malaysia Jalan Semarak, Kuala Lumpur, [email protected]. -
Purification of the Soul – Ibn Qudamah Al-Maqdisi
Imam Ahmad Ibn Qudamah al-Maqdisi [d. 689H] The PURIFICATION of the SOUL A textbook on Self-Development being a translation of his work ‘MukhtasarMinhaj al-Qasidin’ “He who purifies it has succeeded and he who stunts it has failed.” [QUR’AN (91): 9-10] The Purification of the Soul A textbook on Self-Development by Imam Ahmad Ibn ‘Abdu’] Rahman Ibn Qudamah al-Maqdisi [d. 689H] Dar as-Sunnah Publishers BIRMINGHAM First Published in Great Britain, June 2020 / Dhu’l-Qa‘dah 1441H by Dar as-Sunnah Publishers DAR AS-SUNNAH PUBLISHERS PO. Box 9818, Birmingham, B11 4WA, United Kingdom W: www.darassunnah.com E: [email protected] E:; [email protected] © Copyright 2020 by Dar as-Sunnah Publishers All rights reserved Worldwide. No part of this publication may be reproduced including the cover design, utilized or transformed in any form or means, electronic of mechanical, including photocopy, recording of any information storage and retrieval system, now known or to be invented without the express permission in writing from the publisher, nor be otherwise circulated in any form of binding or cover other then that in which it is published and without a similar condition being imposed on the subsequent purchaser. British Library Cataloguing in publication Data. A catalogue record for this book is available from the British Library. Title: The Purification of the Soul by Imam Ahmad Ibn ‘Abdu’l Rahman Ibn Qudamah al-Maqdist Translated from the original Arabic ISBN 1-904336-65-5 Paper-back Published and Typeset by: Dar as-Sunnah Publishers First Edition, 1441 “#/2020 While every precaution has been taken in the preparation of this book neither the authors, translators, not Dar as-Sunnah Publishers, shall have any liability with respect to any loss or damages caused nor do the views expressed in this book are necessarily held by the publisher directly or indirectly by the instructions or advice contained in this book. -
Jihad and the Islamic Law of War
JIHAD AND THE ISLAMIC LAW OF WAR the royal aal al-bayt institute for islamic thought 2007 • Jordan JIHAD AND THE ISLAMIC LAW OF WAR the royal aal al-bayt institute for islamic thought 2007 • Jordan © 2007, The Royal Aal al-Bayt Institute for Islamic Thought, Jordan isbn 978-9957-428-21-1 CONTENTS Overview v 1. Does jihad mean “holy war”? 1 2. What is the role of non-violent jihad? 4 3. Do Muslims go to war against others merely because they are non-Muslim? 10 4. What are the Five Basic Rights of Islamic law, and how do they relate to war? 11 5. What does the Qur’an say about jihad and fighting? 13 6. When do Muslims make treaties? 17 7. What is the distinction between pre-emption and aggression? 23 8. What is the difference between “The Abode of Islam” and “The Abode of War”? 26 9. Is forced conversion an Islamic teaching? 29 10. What is the “sword verse”? 33 contents 11. What are the basic rules of combat as laid down in Islam’s authoritative texts? 37 12. What is the status of non-Muslims under Islamic rule? 39 13. What is the jizyah, or poll-tax, on non-Muslims? 46 14. Does orthodox Islam sanction rebellion against political authority? 50 15. How does the Islamic law of war come to be violated? 57 Conclusion 67 Further Reading 72 Notes 74 OVERVIEW hat is the Islamic law of war and peace? This Wcrucial question underlies all discussion of jihad, perhaps the most misrepresented of ideas in the West’s understanding of Islam. -
The Issue of Al-Hawaij Al-Asliyyah (Basic Needs) and Its Implementation on Zakat of Income in Malaysia: a Content Analysis Between Mazahib (Muslim Jurist Sects)
International Journal of Academic Research in Business and Social Sciences Vol. 11, No. 6, 2021, E-ISSN: 2222-6990 © 2021 HRMARS The Issue of Al-Hawaij al-Asliyyah (Basic Needs) and its Implementation on Zakat of Income in Malaysia: A Content Analysis between Mazahib (Muslim Jurist Sects) Muhammad Pisol Mat Isa, Azhan Rashid Senawi, Husna Husain To Link this Article: http://dx.doi.org/10.6007/IJARBSS/v11-i6/10107 DOI:10.6007/IJARBSS/v11-i6/10107 Received: 13 April 2021, Revised: 16 May 2021, Accepted: 30 May 2021 Published Online: 09 June 2021 In-Text Citation: (Isa et al., 2021) To Cite this Article: Isa, M. P. M., Senawi, A. R., & Husain, H. (2021). The Issue of Al-Hawaij al-Asliyyah (Basic Needs) and its Implementation on Zakat of Income in Malaysia: A Content Analysis between Mazahib (Muslim Jurist Sects). International Journal of Academic Research in Business and Social Sciences, 11(6), 173–185. Copyright: © 2021 The Author(s) Published by Human Resource Management Academic Research Society (www.hrmars.com) This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute, translate and create derivative works of this article (for both commercial and non-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this license may be seen at: http://creativecommons.org/licences/by/4.0/legalcode Vol. 11, No. 6, 2021, Pg. 173 - 185 http://hrmars.com/index.php/pages/detail/IJARBSS JOURNAL HOMEPAGE Full Terms & Conditions of access and use can be found at http://hrmars.com/index.php/pages/detail/publication-ethics 173 International Journal of Academic Research in Business and Social Sciences Vol. -
The Prohibition of Studying Works on Speculative Theology (Kalam)
The Prohibition of Studying Works on Speculative Theology (Kalam) A treatise including a refutation of Abu al-Wafa ‘Ali b. ‘Aqil al-Hanbali By al-Imam Muwaffaq al-Din Ibn Qudama al-Maqdisi (d. 620/1223) Preface............................................................................................................................. 3 fn: on ‘Ilm al-Kalam..................................................................................................... 3 Author’s introduction................................................................................................ 5 Ibn ‘Aqil’s retractation.............................................................................................. 6 fn: The ommitted text of the retractation................................................................. 7 fn: A quick look at Ibn ‘Aqil’s refutation of the Ash’arites ..................................... 9 The position of the Salaf on divine attributes............................................... 10 fn: Did Imam Ahmad make tafweedh of the literal meanings? .......................... 12 The position of the Salaf on Speculative Theology – ‘ilm al-kalam..... 14 On Taqlid in beliefs .................................................................................................. 16 On Ijtihad in beliefs ................................................................................................. 20 fn: On muhkam and mutashabih in the Quran..................................................... 23 On akhbar ahad........................................................................................................ -
Three Divorces at One Instance with Special Reference to the Fatawa Of
“THREE DIVORCES AT ONE INSTANCE WITH SPECIAL REFERENCE TO THE FATÓWÓ OF IBN TAYMIYYAH” M. A. AWAL Thesis Submitted to the University of Birmingham For the Degree of M. Phil Department of Theology Faculty of Arts The University of Birmingham March1997 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. Acknowledgement I would like to assert my gratitude to Dr. Jorgen S. Nielsen, director of the centre for the study of Islam and Christian - Muslim Relation, Selly Oak Colleges; who has been very helpful to me since my first admission till completing the thesis as a writing up status. I should record my sincere thanks to Dr. Sigvard Von Sicard. He has helped me for extention the date for the submissition of this thesis. I should record my respect and sincere thanks to Dr. M. I. Suruty. Who kindly took the responsibility of supervision of my thesis. He has been providing me the best possible help and positive criticism with valuable ideas which enable me to prepare my thesis for submission. My thank also to Dr. R.