Lessons of Ahaadeeth from Kitaabur- Riqaaq of Saheeh
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Islamic Law with the Qur’Ĉn and Sunnah Evidences
Islamic Law with the Qur’Ĉn and Sunnah Evidences (From ٖanafţ Perspective) Dr. Recep Dogan FB PUBLISHING SAN CLEMENTE Copyright © 2013 by Dr. Recep Dogan All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means including photocopying, recording, and information storage and retrieval systems—except in the case of brief quotations embodied in critical articles or reviews—without permission in writing from its publisher, FB Publishing. Published by: FB Publishing 645 Camino De Los Mares Suite 108-276 San Clemente, CA 92673 Visit our website at www.fbpublishinghouse.com Cover design: Cover Design: Gokmen Saban Karci Book Design: Daniel Middleton | www.scribefreelance.com ISBN: 978-0-9857512-4-1 First Edition, July 2013 Published in the United States of America CONTENTS PREFACE ......................................................................................................................... IX TRANSLITERATION TABLE ......................................................................................... xi FIQH ................................................................................................................................ 12 THE LITERAL MEANING OF FIQH ........................................................................... 12 M) ................................................................................... 14 THE LEGAL RULES (AٖK LEGAL CAPACITY (AHLIYAH) IN ISLAMIC LAW ..................................................... 15 M-I SHAR’IYYA) ........................................... -
CRITICAL STUDY on the CONCEPT of Ez-€Tnana Kullahum ',UDLILUN TN 'II*I AL-IIADITTI
CRITICAL STUDY ON THE CONCEPT oF ez-€tnAnA KULLaHUM ',UDLILUN TN 'II*I AL-IIADITTI Barmawi Mukri bcturer at UIN SunanKaliiaga, Yogyakafta g'ft'$ C-: qtt .itl sL- #t tr+t-J lj,"Ll dtjl * fulr.-ll .+F 6:i+Jf fcr! A+L..-ll J$rJJ .fliLsl sile lJiL3 ilil'. o:$[c-l lci-l .Jldll lylr al-: 4Jb nl .f -ri. l+ d,-J$l Orl:Yl ''r.JlLs'Yl3 .C-,J 4+1" &l sl^- qrJill ,.'1*6J.iL. fu-t+ill 4J.)-,Yl t^l UJt 'J *ll o3,lq-J Ul 6fu X cleU c-1. df-,-!l l3*cl f-tj a3;rl-l 4+rS fe-lr .!t+,'a3 crl^83 clro ,,"l'-, U:-l d sJt dLJi Y3 Y3.:c cJ"*lf#. ll*E 1! crr+J liti 61 oSi J,i" nsjl-l Jt9+ plo {J. O. .rDr OJ'r-tiJ l3setl. ngjk ll+-: Y3 crui ;JiilJl l\ q ,;'- gr.-;-lll .6rl-+l:.1 dl-*jll a,L-l .'Ie 3o ;.rclill 6ti elJ$j C-l qtt airl ,,rL- u*lt Cr---;1.r1-Jll';.\Yl .AiU. -,1;ocj:ro p<5 fut-,-ff Ol ,rJr ,ll "=x Barmawi Mukri Abstrak Sahabat adalah nrang-nrangmuslin lang hidup seqamandengan Nabi Muhammad saw dan pernah bergaul dengan beliau secara-langsung dan ketika mati mereka itu masih tetap sebagainrangJang beinai. L[ereka ini merupakangenerasi awal ltang beriman kepada aJaran Nabi Muhammad danlang meneima E'aran Iskn (hadii badis Nabi) nr?r? langsungdai beliau.Mervka ini sangattaat kepadaNabi nbinggp tidak mungkin mereka itu berani berkhianat dan berbobongdengan sengaja dalam meriwalatkan hadis Nabi. -
Prophethood) Is a Fundamental Belief of Islam
1 Introduction Alhamdulillaah, all praise belongs to Allaah and we send Durud and Salaam upon ,عليه/هم السﻻم his most beloved and Final Nabi, the seal of the all the after Ambiyaa him being ,عليه/هم السﻻم Him being the seal of all the Ambiyaa .ﷺ Nabi Muhammad the Final Nabi, has been made mention of in the Noble Quraan and in the This is called Khatm-un-Nubuwwah. The principle of .ﷺ Ahaadith of Rasulullaah Khatm-un-Nubuwwah (Finality of Prophethood) is a fundamental belief of Islam. For the past 1400 years, the entire Ummah is upon the belief of Khatm-un- is ﷺ Nubuwwah (Finality of Prophethood) by announcing that Nabi Muhammad the final Messenger and there is no Nabi to come after him. ﷺ There are countless verses in the Noble Quraan and sayings of Rasulullaah which give clear cut testimony of the belief of Khatm-un-Nubuwwah (Finality of Prophethood). In other words, it is proven from the Quraan, Ahadeeth and Ijmaa’ .is the last and final Nabi ﷺ consensus of all the Muslimeen) that Rasulullaah) And if you turn through the historical pages of Islam, you will find that there were .ﷺ people who had claimed to be Prophets after the demise of Rasulullaah However, when these people raised their ugly heads with such claims, this Ummah crushed their lies and false propaganda with all its might. 1. Musaylamah Kathaab (l.a.) One such false claimant was Musailama Kathaab (l.a.). He started off early in his life learning tricks of deception, illusions and even getting actual assistance of the Shayateen. -
Understanding Shirk
Islamic Centre – Leicester Towards Understand Aqeedah – Session II Programme Two; Understanding Shirk. 2.0 Shirk- Introduction. Shirk is to associate somebody or something in Allh’s inherent nature or in any of His attributes. This is the greatest of all crimes according to Allh, as the Qur’n states that He is willing to forgive all types of sins except Shirk (4:116). This fact is sufficient to warn us of the magnitude of this crime. 2.1 Defining Shirk; Imam al-Qurtub"’s definition. The Qur’anic scholar Allama Qurtub( (d. 673 A.H./1273 C.E.) offers a detailed definition of Shirk in his Tafs(r, al-Jmi’ li Ahkm al-Qur’n. 1 He writes that there are three different stages or forms of Shirk, and all three and forbidden (Harm). (i) To consider a being other than Allh (a tree, idol, person, jinn etc.) worthy of worship. This is the major form of Shirk, and the type of Shirk committed by the people of the Jhiliyya period. 2 (ii) To consider another being other than Allh can perform and create certain actions independently (without Allh), even if the person does not believe that that person/being is a God. (iii) Lastly, Shirk in worship, and this is Riy (showing off). This too is a form of Shirk. From this we can appreciate that Shirk is when someone (i) ascribes a partner to Allh in His essence or attributes (ii) with the knowledge and belief that this being/object is worthy of such accolade and that it can be done independently of Allh. -
Due Process in Islamic Criminal Law Sadiq Reza New York Law School
digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 2013 Due Process in Islamic Criminal Law Sadiq Reza New York Law School Follow this and additional works at: http://digitalcommons.nyls.edu/fac_articles_chapters Part of the Criminal Law Commons, Criminal Procedure Commons, and the International Law Commons Recommended Citation 46 Geo. Wash. Int'l L. Rev. 1 (2013-2014) This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. DUE PROCESS IN ISLAMIC CRIMINAL IAW SADIQ REZA* ABSTRACT Rules and principles of due process in criminal law-how to, and how not to, investigate crime and criminal suspects, prosecute the accused, adjudicate criminal cases, and punish the convicted-appear in the traditional sources of Islamic law: the Quran, the Sunna, and classical jurisprudence. But Jew of these rules and principles are fol lowed in the modem-day practice of Islamic criminal law. Rather, states that claim to practice Islamic criminal law today mostly follow laws and practices of criminal procedure that were adopted from European nations in the twentieth century, without reference to the constraints and protec tions of Islamic law itself. To enforce Islam's criminal prohibitions and punishments without recognizing and heeding its own procedural rul.es and principles is to prosecute and punish unjustly. What constitutes criminal due process from an Islamic perspective must therefore be identi fied, articulated, and enforced. The result would be greater compliance with both Islamic norms and international standards of human rights. -
Islam's Fourth Amendment: Search and Seizure in Islamic Doctrine and Muslim Practice Sadiq Reza New York Law School, [email protected]
digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 2009 Islam's Fourth Amendment: Search and Seizure in Islamic Doctrine and Muslim Practice Sadiq Reza New York Law School, [email protected] Follow this and additional works at: https://digitalcommons.nyls.edu/fac_articles_chapters Part of the Fourth Amendment Commons, Privacy Law Commons, and the Religion Law Commons Recommended Citation Georgetown Journal of International Law, Vol. 40, Issue 3 (2009), pp. 703-806 This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. ARTICLES ISLAM'S FOURTH AMENDMENT: SEARCH AND SEIZURE IN ISLAMIC DOCTRINE AND MUSLIM PRACTICE SADIQ REZA* Modem scholars regularly assert that Islamic law containsprivacy protections similarto those of the FourthAmendment to the U.S. Constitution. Two Quranic verses in particular- one that commands Muslims not to enter homes without permission, and one that commands them not to "spy "-are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these com- mands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists of premodern and modern times have articulatedon the basis of the pertinent texts; (2) discussing the evidence, or the lack thereof in the historical record that such rules operated in criminalpractice in the premodern Arab-Ottoman Muslim world; and (3) comparing the apparent theories and policies of Islam's pertinentprovisions with those of the Fourth Amendment. -
Islamic Law: the Impact of Joseph Schacht
Loyola of Los Angeles International and Comparative Law Review Volume 1 Number 1 Article 1 1-1-1978 Islamic Law: The Impact of Joseph Schacht David F. Forte Follow this and additional works at: https://digitalcommons.lmu.edu/ilr Part of the Law Commons Recommended Citation David F. Forte, Islamic Law: The Impact of Joseph Schacht, 1 Loy. L.A. Int'l & Comp. L. Rev. 1 (1978). Available at: https://digitalcommons.lmu.edu/ilr/vol1/iss1/1 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles International and Comparative Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. ARTICLES Islamic Law: The Impact of Joseph Schacht David F. Forte* For a little over a century, Islamic law has suffered progressive shocks and disruptions at the hands of modernism. Muslim legal scholars in Middle Eastern states and elsewhere have seen their sacred Shari'a restricted, modified, distorted, or simply replaced by modern Western legal codes.' The reforms began in a piecemeal fashion, but recently, there have been wholesale importations of foreign law.2 Both Westerners and reformist Muslims have conceded that the very nature of Islamic law and its consequent rigidity have made much of it irrelevant to modern society. 3 The reform, though, has not been unopposed. Throughout Islam, traditionalist groups constantly rise in an effort to restore the Shari'a to its "rightful place" in the legal order. -
AL-FUST at Its Foundation & Early Urban Development
AL-FUST AT Its Foundation & Early Urban Development AL-FUSTAT Its Foundation and Early Urban Development Wladyslaw B. Kubiak THE AMERICAN UNIVERSITY IN CAIRO PRESS Publisher’s Note In the transliterated Arabic, the hamza is indicated by an apostrophe (‘), the ‘ayn by a reversed apostrophe (‘). Following our current standard practice, long vowels and emphatic consonants are not marked. Copyright © 1987 and 2016 by The American University in Cairo Press Sharia Kasr el Aini, Cairo, Egypt 113 Fifth Avenue, New York, NY 10018 420 www.aucpress.com First published in 1987 by the American University in Cairo Press All rights reserved. No Part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher ISBN 978 1 61797 741 1 Contents Foreword 7 Introduction IO Abbreviations of Publications Referenced in the Text 14 Chapter I The Source Material 17 Documents 17 Narrative Sources 18 Archaeological Sources 29 Chapter II The Geography of the Site 32 'Amal As/al 34 'Amal Fauq 36 The Northern Area of al-Kharab 37 The Southern Area of al-Kharab 38 Al-Qarafa al-Kubra 40 East Bank Environs 42 The Nile 43 Al-Djazira 47 The Western Channel of the Nile 48 The Western Bank 49 Chapter III The Pre-Islamic Settlements 50 Chapter IV The Foundation and a Town in the Making 58 The Selection of the Site 58 The Settlers 61 Division of Land 65 Organisation of the Camp-Town 70 Chapter V Demographic Evolution -
Reza-2009-Islams-4Th-Amendment.Pdf
ARTICLES ISLAM’S FOURTH AMENDMENT: SEARCH AND SEIZURE IN ISLAMIC DOCTRINE AND MUSLIM PRACTICE SADIQ REZA* Modern scholars regularly assert that Islamic law contains privacy protections similar to those of the Fourth Amendment to the U.S. Constitution. Two Quranic verses in particular—one that commands Muslims not to enter homes without permission, and one that commands them not to “spy”—are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these com- mands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists of premodern and modern times have articulated on the basis of the pertinent texts; (2) discussing the evidence, or the lack thereof, in the historical record that such rules operated in criminal practice in the premodern Arab-Ottoman Muslim world; and (3) comparing the apparent theories and policies of Islam’s pertinent provisions with those of the Fourth Amendment. The Article concludes that authority for Fourth-Amendment-like protections certainly exists in Islamic law, but assertions that such protections do so exist, or have ever been routinely practiced before the modern period, are unsupported by the * Professor of Law, New York Law School. Research for this study was conducted primarily at Harvard Law School, where the author was a Visiting Researcher at the Islamic Legal Studies Program in 2004–05 and a Visiting Scholar at the Graduate Program in Fall 2007, and was generously funded throughout by New York Law School. -
Architecture for the Dead : Cairo's Medieval Necropolis
Ca i r <.1 M e Lt i e v a 1 Nee r o 1 o 1. , Architecture for the Dead "' Galila El Kadi • Alain Bonnamy fortheDea Cairo's Medieval Necropolis An Institut de Recherche pour le Developpement Edition The American University in Cairo Press Cairo New York All photographs are by Alain Bonnamy unless otherwise noted .. First published in Egypt in 2007 by The American University in Cairo Press 113 Sharia Kasr el Aini, Cairo, Egypt . 420 Fifth Avenue, New York, NY 10018 www.aucpress.com Copyright © 2007 by the American University in Cairo Press / Institut de Recherche pour le Developpement This book was first published in French in 2001 under the title La Cite des Morts, copyright © Pierre Mardaga Editeur / Institut de Recherche pour le Developpernent, ISBN lRD 2-7099-1414-X, ISBN Pierre Mardaga 2-87009-772-7. Translated from the French by Philippe Dresner and Pascale Ghazaleh. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Dar el Kutub No. 24476/06 ISBN 978 977 416 0745 Dar el Kutub Cataloging-in-Publication Data El Kadi, Galila Architecture for the Dead: Cairo's Medieval Necropolis / Galila El Kadi and Alain Bonnamy.-Cairo: The American University in Cairo Press, 2007 p. cm. ISBN 977 4160746 1. Architecture, Egyptian 2. Necropolis 1. Bonnamy, Alain 722.2 Printed in Egypt Contents 7 Preface 9 Introduction 13 Chapter 1 Continuity and Change in Religious Beliefs 21 Chapter 2 The Southern Necropolis: The Qarafa 127 Chapter 3 Bab al-Nasr. -
History of the Caliphs
Published on Books on Islam and Muslims | Al-Islam.org (http://www.al-islam.org) Home > History of The Caliphs History of The Caliphs From the Death of the Messenger (S), to the Decline of the 'Umayyad Dynasty 11-132 AH Log in [1] or register [2] to post comments In this book, the author covers the history of Shi'i Islam from after the death of the Prophet . He discusses in detail the rule of the three Caliphs and of Imam Ali after that. He also delves into the history of the Ummayad rulers and their actions. Author(s): ● Rasul Ja’fariyan [3] Publisher(s): ● Ansariyan Publications - Qum [4] Category: ● Early Islamic History [5] Topic Tags: ● Early Islam [6] ● history [7] ● Caliphate [8] Important notice: The Ahlul Bayt DILP team wishes to inform the reader of some important points regarding this digitized text, which represents the English translation of a work originally written in Arabic. Whereas no one can doubt the best intentions of the translator and the publishers in making this title accessible to an English speaking audience, the editing and digitization process of this book (carried out by the DILP Team) has revealed issues in the quality of translation. Based upon this fact, the DILP team has taken the liberty to make grammatical corrections to make the text more readable and less ambiguous; spelling mistakes and typographical errors have also been corrected and an attempt has been made to improve the highly non-standard use of transliteration of Arabic names and terms. The online text is not an exact reproduction of the original translation. -
The Defense of the Sunnah: an Analysis of the Theory and Practices of Tasawwuf (Sufism)
The Defense of the Sunnah: An Analysis of the Theory and Practices Of Tasawwuf (Sufism) Written, with the permission of Shaykh Nooruddeen Durkee, by: Ibrahim Muhammad Hakim ash-Shaghouri Edited by: Hajja Noura Durkee Final Draft Completed: Rabi I, 1430 – March, 2009 © Ibrahim Hakim ash-Shaghouri [email protected] 2 Table of Contents Introduction 5 Topic: The Light of the Prophet (asws) and his special distinctions 8 Topic: The Existence of the Special Awliya’ and their Degrees 19 Hadith of the Wali 25 Miraculous Knowledge of the Unseen 26 Vision of the Prophet (asws) in a wakeful state 31 Topic: Tawassul and Tabarruk 35 Hadiths about Tawassul 36 Multiplying and Dividing the Oneness of Allah 47 Hadiths about Tabarruk 49 Seeking blessings through the Prophet’s (asws) grave 52 Topic: The Graves of the Righteous and Practices Connected to Them 54 The Life of the Grave and the Hearing of the Dead 54 Visiting Graves to Gain Blessings 65 Reciting Qur’an at graves and donating it as a reward 85 Topic: Understanding Innovation (Bid’a) in Islam 89 Topic: Audible Group Dhikr in Masajid 105 Compiling Ahzab and Awrad 114 Prayer Formulas (Ruqya) and Amulets 123 Topic: Commemorating the Birth (Mawlid) of the Prophet (asws) 127 As understood by the scholars 134 Did the Sahaba commemorate his birth? 136 Topic: Seclusion (‘Uzla) and the Spiritual Retreat (Khalwa) 138 Topic: Extra Worship in Rajab and Sha’ban 145 Topic: The Integral Place of Tasawwuf in Islam 150 Miscellaneous Topics 155 Kissing the Hands and Feet of Righteous Scholars 155 Hadith of the Lesser and Greater Jihad 157 “Nothing contains Me but the heart of My believing servant” 159 Special Knowledge and Gnosis 160 Shaykh al-Akbar Ibn al-‘Arabi and the ‘Oneness of Being’ 165 al-Khadir (alayhi salam): Is he still alive? 169 Hadiths about the Family of the Prophet (asws) 170 Conclusion 172 3 4 Introduction In the Sanctified Name of Allah, the Universally Merciful, Uniquely Compassionate.