Introduction to Islamic Law CONTENTS Page COURSE
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Maliki School
Dr. Javed Ahmed Qureshi School of Studies in Law Jiwaji University GWALIOR - 474 011 (MP), INDIA LAW B.A.LL.B. IV-SEM MUSLIM LAW BY Dr. JAVED AHMED QURESHI DATE- 04-04-2020 MALIKI SCHOOL Maliki school is one of the four schools of fiqh or religious law within Sunni Islam. It is the second largest of the four schools, followed by about 25% Muslims, mostly in North Africa and West Africa. This school is not a sect, but a school of jurisprudence. Technically, there is no rivalry or competition between members of different madrasas, and indeed it would not be unusual for followers of all four to be found in randomly chosen American or European mosques. This school derives its name from its founder Imam Malik-bin-Anas. It originates almost to the same period as the Hanafi school but it flourished first in the city of Madina. Additionally, Malik was known to have used ray (personal opinion) and qiyas (analogy). This school is derives from the work of Imam Malik. It differs in different sources from the three other schools of rule which use it for derivation of regimes. All four schools use the Quran as the primary source, followed by Prophet Muhammad's transmitted as hadith (sayings), ijma (consensus of the scholars or Muslims) and Qiyas (analogy).In addition, the School of Maliki uses the practice of the people of Madina (Amal Ahl al-Madina) as a source. While the Hanafi school relies on Ijma (interpretations of jurists), the Maliki school originates from Sunna and Hadis. -
Women and Islamic Law Christie S
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2008 Lifting the Veil: Women and Islamic Law Christie S. Warren William & Mary Law School, [email protected] Repository Citation Warren, Christie S., "Lifting the Veil: Women and Islamic Law" (2008). Faculty Publications. 99. https://scholarship.law.wm.edu/facpubs/99 Copyright c 2008 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs LIFTING THE VEIL: WOMEN AND ISLAMIC LAW CHRISTIES. WARREN * "Treat your women well and be kind to them for they are your partners and committed helpers." From the Farewell Address of the Holy Prophet Muhammad1 I. INTRODUCTION By the end of February 632 and at the age of sixty-three, the Prophet Muhammad believed that his days on earth were coming to an end.2 He announced to his followers that he would lead the hajj, the annual pilgrimage to Mecca, himself that year.3 On March 3, the Prophet delivered his farewell sermon near Mount Arafat.4 Among the limited number of topics he chose to include in his last public speech, he encouraged his followers to deal justly with one another and treat women well. 5 In the modem era, the rights of women under Islamic law have come under heightened scrutiny. Some commentators find the Prophet's farewell speech to be inconsistent with the way women are treated in some areas of the Muslim world. In Saudi Arabia, for example, women may neither drive nor vote. -
The Reconstruction of Religious Thought in Islam
The Reconstruction of Religious Thought in Islam Muhammad Iqbal The Reconstruction of Religious Thought in Islam written by Muhammad Iqbal Published in 1930. Copyright © 2009 Dodo Press and its licensors. All Rights Reserved. CONTENTS • Preface • Knowledge and Religious Experience • The Philosophical Test of the Revelations of Religious Experience • The Conception of God and the Meaning of Prayer • The Human Ego - His Freedom and Immortality • The Spirit of Muslim Culture • The Principle of Movement in the Structure of Islam • Is Religion Possible? PREFACE The Qur‘an is a book which emphasizes ‘deed‘ rather than ‘idea‘. There are, however, men to whom it is not possible organically to assimilate an alien universe by re-living, as a vital process, that special type of inner experience on which religious faith ultimately rests. Moreover, the modern man, by developing habits of concrete thought - habits which Islam itself fostered at least in the earlier stages of its cultural career - has rendered himself less capable of that experience which he further suspects because of its liability to illusion. The more genuine schools of Sufism have, no doubt, done good work in shaping and directing the evolution of religious experience in Islam; but their latter-day representatives, owing to their ignorance of the modern mind, have become absolutely incapable of receiving any fresh inspiration from modern thought and experience. They are perpetuating methods which were created for generations possessing a cultural outlook differing, in important respects, from our own. ‘Your creation and resurrection,‘ says the Qur‘an, ‘are like the creation and resurrection of a single soul.‘ A living experience of the kind of biological unity, embodied in this verse, requires today a method physiologically less violent and psychologically more suitable to a concrete type of mind. -
Heirs of the Prophet: Islamic Authority and International Politics in the 21 Century by James A. Mikulec, Jr. B.A., Mercyhurst C
Heirs of the Prophet: Islamic Authority and International Politics in the 21 st Century by James A. Mikulec, Jr. B.A., Mercyhurst College, May 2005 M.A., George Washington University, August 2007 A Dissertation submitted to The Faculty of The Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements for the degree of Doctor of Philosophy January 31, 2014 Dissertation directed by Marc Lynch Professor of Political Science and International Affairs and of Media and Public Affairs The Columbian College of Arts and Sciences of The George Washington University certifies that James A. Mikulec, Jr. has passed the Final Examination for the degree of Doctor of Philosophy as of December 13, 2013. This is the final and approved form of the dissertation. Heirs of the Prophet: Islamic Authority and International Politics in the 21 st Century James A. Mikulec, Jr. Dissertation Research Committee: Marc Lynch, Professor of Political Science and International Affairs and of Media and Public Affairs, Dissertation Director Nathan Brown, Professor of Political Science and International Affairs, Committee Member Martha Finnemore, University Professor of Political Science and International Affairs, Committee Member ii © Copyright 2014 by James A. Mikulec, Jr. All rights reserved iii Dedication I dedicate this dissertation to Jessica and to my family, especially my parents, James and Donna Mikulec, and my grandparents, Peter and Joyce Izzi and Joseph and Laura Mikulec, who always encouraged me to pursue the things that I love. Without their constant support, I would not be here today. iv Acknowledgements This dissertation was written during (and, in some cases, was an eyewitness to) a particularly important, but volatile period in the political and social history of the Middle East and the Muslim world. -
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. -
Jihadism: Online Discourses and Representations
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Open-Access-Publikation im Sinne der CC-Lizenz BY-NC-ND 4.0 1 Studying Jihadism 2 3 4 5 6 Volume 2 7 8 9 10 11 Edited by Rüdiger Lohlker 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 The volumes of this series are peer-reviewed. 37 38 Editorial Board: Farhad Khosrokhavar (Paris), Hans Kippenberg 39 (Erfurt), Alex P. Schmid (Vienna), Roberto Tottoli (Naples) 40 41 Open-Access-Publikation im Sinne der CC-Lizenz BY-NC-ND 4.0 1 Rüdiger Lohlker (ed.) 2 3 4 5 6 7 Jihadism: Online Discourses and 8 9 Representations 10 11 12 13 14 15 16 17 With many figures 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 & 37 V R unipress 38 39 Vienna University Press 40 41 Open-Access-Publikation im Sinne der CC-Lizenz BY-NC-ND 4.0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; 24 detailed bibliographic data are available online: http://dnb.d-nb.de. -
New Model of Salam Sale for Agricultural Development Finance
Research Article New Model of Salam sale for Agricultural Archives of Development Finance Al Siddig Talha M Rahma* Agriculture Imam Mohammed Ibn Saud Islamic University, College of Economics &Business administration, Kingdom of Saudi Arabia Research and Abstract Technology (AART) The new financial economic model derived from the traditional Salam situation. This scenario is based on the idea behind the treatment of risks facing traditional Salam applications, which includes high rates of inflation and the exit of financing from its approved aspects, which cannot enable the farmer or producer to disburse this monetary benefit in the Volume 1 Issue 3, 2020 fields of agriculture. Then Banks and financial institutions lose huge amounts of money that are wasted. In addition, lack of understanding of the process of obtaining loans between farmers and producers, this new model can solve many problems Article Information and risks in the classic sales of Salam, which rely mainly on granting cash loans. Received date: May 28, 2020 Published date: July 07, 2020 The paper works to monitor and limit the risks posed by the traditional Salam and pushes that agricultural financing loses. It is most important input to financing and then corrects the paper and it relies on this innovative model, which aims to provide the necessary inputs to farmers and producers. This paper attempts to solve this problem by providing inputs directly *Corresponding author by updating production through regular and timely operation of modern scientific inputs. Al Siddig Talha M Rahma, Imam Mohammed Ibn Saud Islamic University, The study identified the structural equation model to analyze the results of the analysis of descriptive statistical data, College of Economics & Business which resulted in the preferred cash financing for farmers as a desirable situation. -
Legacies of Colonialism and Islam for Hausa Women: an Historical Analysis, 1804-1960
Legacies of Colonialism and Islam for Hausa Women: An Historical Analysis, 1804-1960 by Kari Bergstrom Michigan State University Winner of the Rita S. Gallin Award for the Best Graduate Student Paper in Women and International Development Working Paper #276 October 2002 Abstract This paper looks at the effects of Islamization and colonialism on women in Hausaland. Beginning with the jihad and subsequent Islamic government of ‘dan Fodio, I examine the changes impacting Hausa women in and outside of the Caliphate he established. Women inside of the Caliphate were increasingly pushed out of public life and relegated to the domestic space. Islamic law was widely established, and large-scale slave production became key to the economy of the Caliphate. In contrast, Hausa women outside of the Caliphate were better able to maintain historical positions of authority in political and religious realms. As the French and British colonized Hausaland, the partition they made corresponded roughly with those Hausas inside and outside of the Caliphate. The British colonized the Caliphate through a system of indirect rule, which reinforced many of the Caliphate’s ways of governance. The British did, however, abolish slavery and impose a new legal system, both of which had significant effects on Hausa women in Nigeria. The French colonized the northern Hausa kingdoms, which had resisted the Caliphate’s rule. Through patriarchal French colonial policies, Hausa women in Niger found they could no longer exercise the political and religious authority that they historically had held. The literature on Hausa women in Niger is considerably less well developed than it is for Hausa women in Nigeria. -
Al-Shajarah Journal of Islamic Thought and Civilization of the International Islamic University Malaysia (Iium)
AL-SHAJARAH JOURNAL OF ISLAMIC THOUGHT AND CIVILIZATION OF THE INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA (IIUM) 2019 Volume 24 Number 2 EDITOR-IN-CHIEF ABDELAZIZ BERGHOUT, IIUM, Malaysia EDITORIAL BOARD THAMEEM USHAMA, IIUM, Malaysia MOHAMED ASLAM BIN MOHAMED HANEEF, IIUM, Malaysia Awang SARIYAN, IIUM, Malaysia HAZIZAN MD NOON, IIUM, Malaysia HAFIZ ZAKARIYA, IIUM, Malaysia DANIAL MOHD YUSOF, IIUM, Malaysia ACADEMIC COMMITTEE MD SALLEH Yaapar, USM, Malaysia MOHAMMAD ABDUL QUAYUM, IIUM, Malaysia RAHMAH AHMAD H OSMAN, IIUM, Malaysia RASHID MOTEN, IIUM, Malaysia Spahic OMER, IIUM, Malaysia INTERNATIONAL ADVISORY BOARD SYED ARABI IDID (Malaysia) OSMAN BAKAR (Malaysia/Brunei) ANNABELLE TEH GALLOP (UK) SERDAR DEMIREL (Turkey) AZYUMARDI AZRA (Indonesia) WAEL B. HALLAQ (USA) AFIFI AL-AKITI (Malaysia/UK) IBRAHIM ZEIN (Qatar) Al-Shajarah is a refereed international journal that publishes original scholarly articles in the area of Islamic thought, Islamic civilization, Islamic science, and Malay world issues. The journal is especially interested in studies that elaborate scientific and epistemological problems encountered by Muslims in the present age, scholarly works that provide fresh and insightful Islamic responses to the intellectual and cultural challenges of the modern world. Al-Shajarah will also consider articles written on various religions, schools of thought, ideologies and subjects that can contribute towards the formulation of an Islamic philosophy of science. Critical studies of translation of major works of major writers of the past and present. Original works on the subjects of Islamic architecture and art are welcomed. Book reviews and notes are also accepted. The journal is published twice a year, June-July and November-December. Manuscripts and all correspondence should be sent to the Editor-in-Chief, Al-Shajarah, F4 Building, Research and Publication Unit, International Institute of Islamic Civilisation and Malay World (ISTAC), International Islamic University Malaysia (IIUM), No. -
University of Lo Ndo N Soas the Umayyad Caliphate 65-86
UNIVERSITY OF LONDON SOAS THE UMAYYAD CALIPHATE 65-86/684-705 (A POLITICAL STUDY) by f Abd Al-Ameer 1 Abd Dixon Thesis submitted for the degree of Doctor of Philoso] August 1969 ProQuest Number: 10731674 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10731674 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 2. ABSTRACT This thesis is a political study of the Umayyad Caliphate during the reign of f Abd a I -M a lik ibn Marwan, 6 5 -8 6 /6 8 4 -7 0 5 . The first chapter deals with the po litical, social and religious background of ‘ Abd al-M alik, and relates this to his later policy on becoming caliph. Chapter II is devoted to the ‘ Alid opposition of the period, i.e . the revolt of al-Mukhtar ibn Abi ‘ Ubaid al-Thaqafi, and its nature, causes and consequences. The ‘ Asabiyya(tribal feuds), a dominant phenomenon of the Umayyad period, is examined in the third chapter. An attempt is made to throw light on its causes, and on the policies adopted by ‘ Abd al-M alik to contain it. -
Qisas Contribution to the Theory of Ghaybah in Twelver Shı
− QisasAA Contribution to the Theory of Ghaybah in Twelver Shı‘ism QisasAA Contribution to the Theory of Ghaybah in Twelver Shı‘ism− Kyoko YOSHIDA* In this paper, I analyze the role of qisasAA (narrative stories) materials, which are often incorporated into the Twelver Shı‘ite− theological discussions, by focusing mainly on the stories of the al-KhidrA (or al- Khadir)A legend in the tenth and the eleventh century ghaybah discussions. The goal is to demonstrate the essential function that the narrative elements have performed in argumentations of the Twelver Shı‘ite− theory of Imam. The importance of qisasAA materials in promulgating the doctrine of Imamah− in the Twelver Shı‘ism− tended to be underestimated in the previous studies because of the mythical and legendary representations of qisasAA materials. My analysis makes clear that qisasAA materials do not only illustrate events in the sacred history, but also open possibilities for the miraculous affairs to happen in the actual world. In this sense, qisasAA materials have been utilized as a useful element for the doctrinal argumentations in the Twelver Shı‘ism.− − Keywords: stories, al-Khidr,A occultation, Ibn Babawayh, longevity Introduction In this paper, I analyze how qisasAA traditions have been utilized in the promulgation of Twelver Shı‘ite− doctrine. The term qisasAA (sing. qissah AA ) means narrative stories addressed in the Qur’an− principally. However, it also includes the orated and elaborated tales and legends based on storytelling that flourished in the early Umayyad era (Norris 1983, 247). Their contents vary: archaic traditions spread in the pre-Islamic Arab world, patriarchal stories from Biblical and Jewish sources, and Islamized sayings and maxims of the sages and the ascetics of the day.1 In spite of a variety of the different sources and origins, Muslim faith has accepted these stories as long as they could support and advocate the Qur’anic− *Specially Appointed Researcher of Global COE Program “Development and Systematization of Death and Life Studies,” University of Tokyo Vol. -
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.