DOCSLIB.ORG

Maslaha As the Philosophical, Political, and Legal Basis on the Islamic Banking Legislation in Indonesia

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Maslaha As the Philosophical, Political, and Legal Basis on the Islamic Banking Legislation in Indonesia GJAT | JUNE 2017 | VOL 7 ISSUE 1 | 7 ISSN : 2232-0474 | E-ISSN : 2232-0482 www.gjat.my Maslaha as the Philosophical, Political, and Legal Basis on the Islamic Banking Legislation in Indonesia Abdul Ghofur (Corresponding Author) Walisongo State University of Islamic Studies, Semarang, Indonesia Walisongo Street No. 3-5, Semarang, Central Java, Indonesia Tel/Fax:- +6224-7604554 / +6224-7601293 E-mail: [email protected] Sulistiyono Susilo Jl.Prof.H.Soedarto, S.H.Tembalang, Tembalang, Kota Semarang, Central Java, 50275, Indonesia Tel:- +62 24 7460012 E-mail: [email protected] Abstract 2005), and plays a vital role in the development of Islamic economics and economic policy Legislation on the Islamic Banking Acts in (al-siyāsa al-iqtiṣādiya) (Dusuki & Abdullah, Indonesia is inseparable from the condition 2007; Mansour, 2014). Maṣlaha is a cornerstone of national politics and global economics that of Islamic rules on transactions (mu’āmala), continues to develop. In this paper, the main which is the benefit framed withsharī’a and issue to be discussed is whether the formation not solely based on profit motive and material of the Islamic Banking Act in Indonesia is based rentability as in conventional economy (Dusuki, on political interests, or if there is also a legal & Bouheraoua, 2011). value associated with economic development of this act. The findings suggest that the legislation Maṣlaha in the recently geographical, social, on the Islamic Banking Act in Indonesia has political, and cultural contexts will bring relevance to the political and legal foundation different nuances of interpretation, scope, that developed at that time; and the legislation language, and idioms though essentially they on the Islamic Banking Act is based not only have virtually the same and universal meaning. on the political but also the philosophical The development of Islamic economics in aspects of law that emphasize principles of the the face of changes and the rapid progress of common good or maṣlaha and/ an alignment science and technology must be based on the with national goals. maṣlaha. Muslim scholars state that where there is maṣlaha, there is sharī’a of God. This Keywords: Islamic Banking Act; Politics means that in everything containing maṣlaha, of law; Legislation; Philosophy of maṣlaha; there lies the sharī’a of God. Thus, maṣlaha Indonesia is the most important concept in Islamic law. Introduction To discuss the maṣlaha in the contemporarily practical instead of theoritical term, this study Maṣlaha or maṣlaha al-`āmma as one of the focuses on legislation on the Islamic Banking commonly used approaches in ijtihād, is the Act in Indonesia which has a strategic role in goal to be realized by the Islamic law (sharī’a) providing a foundation for the ongoing activities application. It is the essence of the policies of Islamic banking, which so far does not have implemented to realize the common good (al- a legal basis that specifically regulates it. The siyāsa al-shar`īyya) in response to the social, bank has developed rapidly at the regional, political, and economic challenges (Opwis, national, and global levels. In 2007, Islamic This journal is a member of and subscribes to the principles of the Committee on Publication Ethics (COPE) GJAT | JUNE 2017 | VOL 7 ISSUE 1 | 8 ISSN : 2232-0474 | E-ISSN : 2232-0482 www.gjat.my banking assets worldwide reached US$500 The Concept of Maṣlaha in Islam billion. According to the World Islamic Banking Competitiveness Report 2011-2012, those The basic principle of Islam in the political assets have increased to US$1.13 trillion as of practice of establishing public life at the local 2012. The Islamic Bank has expanded in not and national levels (siyāsa al-dunya) is to meet only Muslim countries, but also in European the needs and welfare of the people (Khallaf, countries, the United States, Singapore, Hong 1977). Maṣlaha is the ultimate goal of Islamic Kong, and China. Islamic banking at the global law and becomes its main core. In general this is level includes theWellington Management known as al-maṣlaha al-‘āmma, the substantive Company (USA), Oasis International Equity and universal goal of the implementation of Fund of Flemings Bank (UK), the Hong Kong the sharī’a. In general, maṣlaha is understood Shanghai Banking Corp. (HSBC-London), and as goodness, benefit, human welfare and ANZ Bank (Melbourne, Australia). prosperity in the world and the hereafter, and the prevention of harm (Griffith-Jones, 2013). Islamic Banking is a leader in the Islamic According to al-Shāṭibī (1341 AH /1922), finance industry, and with the enactment of Act the benefit is primarily intended to guarantee No. 21 of 2008, Islamic banking in Indonesia basic human rights, which include freedom has become stronger. The legislation is regarded of religion (hifẓ al-dīn), physical and mental to realize the benefit at the level of political protection (hifẓ al-nafs), family and descendant practice. This is justified by the discourse of protection (hifẓ al-nasl), property or property Islamic jurisprudence (fiqh) recognizing a term rights protection (hifẓ al-māl), and intellectual al-siyāsa al-shar’īyya, in which the ruler (imām) protection or freedom of thought (hifẓ al-‘aql) may determine a particular policy to enforce (Opwis, 2005). such goodness though the policy may not have been explicitly mentioned by the sacred texts. In the history of Islamic law, al-maṣlaha Theoritically, Islam has been demonstrated al-mursala, meaning for the public interest, relevant to the needs and interests of humankind which was simply later called al-maṣlaha, is over time and geographical context. Laws, in known as one of the products of ijtihād through fact, become dependent and are highly affected human reasoning (ra’y). Islamic scholars by power and certain political conditions. This tend to understand it as a legal theory. The theory recognizes the political struggle that Islamic jurist who has successfully developed exists when the act is formed and the base the theory is Imām Mālik ibn Anas (93-179 used as a benchmark in the determining act. In AH/711-795 CE), who is famous as the founder the context of Act No. 21 of 2008, these two of the school of Māliki. According to Imām issues of the political struggle and the act of Mālik, public interest or goodness is one of determination are intertwined (Mahfud, 2010: the sources of the sharī’a. This is governed by 4). In reality, established laws or legislations are three conditions. First, the public interest is not essentially a crystallization of various political of things related to worship (‘ibādah) (Ahmed, interests. Hence, this study discusses the aspect 2006). Second, it should be in harmony with of maṣlaha in the philosophical, political, the spirit of the shari’a and not in conflict with and legal basis of the Act by considering the one of the sharī’a sources. Third, it must be legislation on the Islamic Banking Act in something that is essential and indispensable, Indonesia that deals with the theory of politics rather than something meant for luxury. of law, that can be regarded as modern political Indispensabilitythings are a matter related practice of al-siyāsa al-shar’īyya. to indespensible things the five objectives of Islamic law (Mahmassani, 1961). This journal is a member of and subscribes to the principles of the Committee on Publication Ethics (COPE) GJAT | JUNE 2017 | VOL 7 ISSUE 1 | 9 ISSN : 2232-0474 | E-ISSN : 2232-0482 www.gjat.my Al-maṣlaha occupies a very significant position social life so far as it is not contrary to the spirit in determining the details of the general of Islamic law. In essence, it is the people or principles of laws and constitutions in Islam. For society themselves who know how al-maṣlaha example, the Qurʾān and hadīth (the Prophet’s relates to their circumstances. Therefore, as free, sayings and deeds) do not specify what form dignified, and sovereign creatures, humans were of government a state, neither monarchy nor given authority to regulate their own affairs in democracy might have because the essence accordance with the public interests. lies not in the form of government, but the general principles that have been outlined in The Political Basis of Legislation of the the Qurʾān and hadīth (Khan, 2006). Therefore, Islamic Banking Act through al-maṣlaha, men and women are given the authority and freedom to choose their own Islamic Banking in Indonesia is an interesting form of government and determine what is best phenomenon to observe, especially since the for them (Shah, 2006). Perhaps, a monarchy— formation of Act No. 21 in 2008. This Act which is consequently capable of implementing specifically is linked to the validity of Islamic the general principles of Islamic law as outlined law in Indonesia. Historically, the enactment in the Qurʾān and hadīth —will be better than a of Islamic laws in Indonesia has created both democratic form of government that ignores the positive and negative relationships with the general principles of Islamic law. Similarly, it political situation that developed in each may happen in the opposite way (Khan, 2006). era (Jaspan, 1965). At the time of Dutch colonization, for example, there were theorie Therefore, it is not surprising when Ibn receptio in complexu and theorie receptie.The Taymiyya (661-728 AH/1263-1328 CE), one theory of receptio in complexu was proposed of the pioneer Islamic reformers, in his theory by Prof. Mr. Lodewijk Wilem Christian van focused more on the role of sharī’a in the state den Berg (1845-1927). This theory stated than the caliphate (the Muslims leadership as that for Muslims who lived in the Dutch East the state system). He proposes that any form of Indies territory was fully applicable Islamic Islamic government is nothing but an instrument law because they had embraced Islam.
Load more

Recommended publications
  • Time to End the Silence – the Experience
    Time to end the silence The experience of Muslims in the prison system Time to end the silence: The experience of Muslims in the prison system Written by Raheel Mohammed & Lauren Nickolls Muslim men make up 15% of the prison population while Muslim communities only make up 5% of the general population. prison population is concerned, the point is how the institution responds — with general suspicion or with a willingness to learn, to educate and be educated, to avoid making a situation worse foreword by ignorant or demeaning assumptions. This report also details the problems arising from a widespread lack of trust in the ‘secular’ pastoral provisions in prisons. Many Muslims — not least women — are not confident that their beliefs People within the penal system do not somehow become two- will be recognised and understood or even that their confidences dimensional rather than three-dimensional when they enter custody. will be respected. Much of this is a matter of perspective, and the But it is a constant struggle to remind the system — let alone the judgements and anxieties may not be fair; but the lack of trust media and the public — of this, and to work to secure a custodial is palpable and has to be dealt with sensitively if people are not environment that is effective simply because it demonstrates what to be driven further into isolation and non-communication. it means to treat people as if they genuinely had an inner life, a set of sustaining relationships, and an identity beyond that of an ‘offender’. The recommendations of this report are modest and practical —but not less urgent for that.
    [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]
  • Interpreting the Qur'an and the Constitution
    INTERPRETING THE QUR’AN AND THE CONSTITUTION: SIMILARITIES IN THE USE OF TEXT, TRADITION, AND REASON IN ISLAMIC AND AMERICAN JURISPRUDENCE Asifa Quraishi* INTRODUCTION Can interpreting the Qur’an be anything like interpreting the Constitution? These documents are usually seen to represent overwhelming opposites in our global legal and cultural landscapes. How, after all, can there be any room for comparison between a legal system founded on revelation and one based on a man-made document? What this premise overlooks, however, is that the nature of the founding legal text tells only the beginning of the story. With some comparative study of the legal cultures that formed around the Qur’an and the Constitution, a few common themes start to emerge, and ultimately it turns out that there may be as much the same as is different between the jurisprudence of Islam and the United States. Though set against very different cultures and legal institutions, jurists within Islamic law have engaged in debates over legal interpretation that bear a striking resemblance to debates in the world of American constitutional theory.1 We will here set these debates next to * Assistant Professor, University of Wisconsin Law School. The author wishes to thank Frank Vogel and Jack Balkin for their support and advice in the research that contributed to this article, and Suzanne Stone for the opportunity to be part of a stimulating conference and symposium. 1 Positing my two fields as “Islamic” and “American” invokes a host of potential misunderstandings. First, these are obviously not mutually exclusive categories, most vividly illustrated by the significant population of American Muslims, to which I myself belong.
    [Show full text]
  • Islam in Process—Historical and Civilizational Perspectives Yearbook of the Sociology of Islam Volume 7
    Islam in Process—Historical and Civilizational Perspectives Yearbook of the Sociology of Islam Volume 7 2006-12-06 16-23-03 --- Projekt: T491.gli.arnason.yearbook7 / Dokument: FAX ID 00fb133402603594|(S. 1 ) T00_01 Schmutztitel.p 133402603618 Yearbook of the Sociology of Islam Edited by Georg Stauth and Armando Salvatore The Yearbook of the Sociology of Islam investigates the making of Islam into an important component of modern society and cultural globalization. Sociology is, by common consent, the most ambitious advocate of modern society. In other words, it undertakes to develop an understanding of modern existence in terms of breakthroughs from ancient cosmological cultures to ordered and plural civic life based on the gradual subsiding of communal life. Thus, within this undertaking, the sociological project of modernity figures as the cultural machine that dislodges the rationale of social being from local, communal, hierarchic contexts into the logic of individualism and social differentiation. The conventional wisdom of sociology has been challenged by post-modern debate, abolishing this dichotomous evolutionism while embracing a more heterogeneous view of coexistence and exchange between local cultures and modern institutions. Islam, however, is often described as a different cultural machine for the holistic reproduction of pre-modern religion, and Muslims are seen as community-bound social actors embodying a powerful potential for the rejec- tion of and opposition to Western modernity. Sociologists insist on looking for social differentiation and cultural differ- ences. However, their concepts remain evolutionist and inherently tied to the cultural machine of modernity. The Yearbook of the Sociology of Islam takes these antinomies and contradic- tions as a challenge.
    [Show full text]
  • Islamic Social Work: from Community Services to Commitment to the Common Good 11-12 September 2019
    Swiss Centre for Islam and Society Rue de Criblet 13 1700 Fribourg Switzerland Islamic social work: From Community Services to Commitment to the Common Good 11-12 September 2019 The conference “Islamic social work: From Community Services to Commitment to the Common Good” was organised by the Swiss Centre for Islam and Society of the University of Fribourg with the support of the Mercator Foundation Switzerland and the Swiss National Science Foundation. The annual international conference that gathered keynote guests Dr. Mohamed Bajrafil and Prof. Dr. Michel Younès took place on Wednesday 11th of September 2019 at the University of Fribourg in front of a heterogeneous audience. On September 12, different panels dealt with various topics in the field of Islamic social work. 11 September 2019 Prof. Dr. Hansjörg Schmid introduced the event announcing the guest speakers as well as the global context of the conference and the program for the following day. The conference aims to question current shifts in social work, with a possible reintroduction of religion in the field, as well as the development of social activities within Islamic associations. The latter often aim to benefit to the common good and not only the Muslim community. The conference establishes a link with radicalisation to question the ways in which counter-discourses may affect young Muslims. Besides, the role of Islamic social work in preventing radicalisation is to be explored: how may social work contribute to preventing religious extremism? 1st part : Dr Mohamed Bajrafil Born in the Comoros, Dr Mohamed Bajrafil serves as an Imam in France. With a Ph.D.
    [Show full text]
  • Islamic Spirit and Morale in Economics
    [Article] 113 Islamic Spirit and Morale in Economics Mustafa Edwin NASUTION Lecturer Middle East and Islamic Studies University ofIndonesia 4th Salemba, Jakarta 10430 E-mail:[email protected] Abstract This paper analyzes the correlation between ethics and economics in Islamic perspectives. It is mainly related to the assumption that Islamic teachings tend to hinder economic growth. Ethics that in Islam is known as akhlak is a unity that cannot be separated from Islamic teachings. Tauhid, Akhlak and Sharia are a unity that should be conducted by a servant of God (Allah) who has duties to serve Allah SWT. However, Islamic teachings order its believers to make every effort in conducting their lives in this world. Thus, hislher existence will benefit himselflherself, humankind and nature/environment. The importance oflife in this world is also mentioned in "do a sapujagat or universal prayers" that life in this world is as important as the life in the hereafter. Sharia, which is also appraised as an obstacle to economic growth, actually aims to reach a welfare (maslahah) condition through giving a protection to five things as Faith, Life, Posterity, Reason ('Aql) and Property (Mal). Zakat (tithe) for example, although it is dedicated for serving Allah (God), protecting iman (faith), also functions to purify individual wealth, and has a large social impact on society, i.e. help poor people to have a comfortable life. 1. Introduction There are many researches regarding the relationship between ethics and economics that have been conducted. Weber has compared how the influence of religions' teachings such as Hinduism, Buddhism, Catholic and Islam on the economic growth.
    [Show full text]
  • Ghazali and His Theory of Government
    Ghazali and His Theory of Government by Khoiruddin Nasution Khoiruddin Nasution. adalah Alumnus Fak. Syari'ah IAIN Sunan Kalijaga Yogyakarta (89/90) dan diangkat sebagaltenagapengajarpadaalmamaternya. Dansejak tahun 1993iamengikuttProgramMasfertentangIslamic Studies di MC GillUniversityMontreal, Canada. Introduction government, and the last-part comprises In his article, Islamic Concept the conclusion., of State, Nasim .Hasan Shah stkes that there are many foims ofan Islamic state,, Al-Ghazali's Life and Works. and every period Muslim comunity Abu Hamid Muhammad al-GazaT discreate most suitable form to their w^s bom in Tiis,^ a town near modem demands, and the most consonant with the Meshhed in northeast Iran, in 1058/450 spirit of the Shari'a.^ That is probably A.H. Almost since his lifetime, there has why muslim*thinkers both the earlier and been a debate on whether his nisba the present period have expressed ideas (relative name), should be considered to about Authority in Islam as a dogmatic be al-GhazaT or GazzaT. The former approach. This is greatly different from al- would relateto village or womancalled al- Mawardi's administrative approach, Ibn GazaT, while the latter relate to. the Khaldun's sociological approach and al- profession ofthespirmer or seller of spun Farabi's philospohical approaches.^ yam (ghazzal). But there is no certainty This paper will discuss al-GhazaT's about the ancestor who was a spinner, theory of Islamic government. Before since he had a grand-uncle (or less discussing this subject, it is necessary to probably an uncle), who was also called understand al-GhazaT and his works so al-GhazaT, mid the village or woman is we are able to understand his theory otherwi^ unknowa'^ better.
    [Show full text]
  • Hacı Bektaş Velî Dergâhı Ziyaretçi Defteri (1921-1925)
    Hasan Demrtaş Hasan Demirtaş 1980 yılında Manisa’nın Alaşehir ilçesi Soğanlı köyünde doğdu. İlkokulu köyünde, ortaokul ve liseyi Alaşehir’de tamamladı. 2002 yılında Muğla Üniversitesi Fen-Edebiyat Fakültesi Tarih Bölümü’nden mezun oldu. 2007 yılında Gaziosmanpaşa Üniversitesi Sosyal Bilimler Enstitüsü Tarih Ana Bilim Dalında yüksek lisans öğrenimini tamamladı. 2004-2007 yılları arasında Gaziosmanpaşa Üniversitesi Sosyal Bilimler Enstitüsü’nde Araştırma Görevlisi olarak çalıştı. 2007 yılından beri Vakıflar Genel Müdürlüğü’nde çalışmakta olup hâlihazırda Ankara Yıldırım Beyazıt Üniversitesi Sosyal Bilimler Enstitüsü Tarih Ana Bilim Dalı’nda doktora eğitimine devam etmektedir. Evli ve bir kız çocuğu babasıdır. Hasan Demrtaş VAKIFLAR GENEL MÜDÜRLÜĞÜ YAYINLARI-137 Hacı Bektaş Velî Dergâhı Ziyaretçi Defteri (1921-1925) Vakıflar Genel Müdürlüğü Yayın Kurulunun 25.05.2018 tarihli kararı gereği hakem inceleme süreci başlatılan kitap, Yayın Kurulunun 17.10.2019 tarihli kararıyla basılmıştır. Sahibi Vakıflar Genel Müdürlüğü adına Burhan ERSOY Yayın Koordinatörü Rifat TÜRKER Yayın Sorumlusu Mevlüt ÇAM Teknik Editör Mehmet KURTOĞLU Yazar Hasan DEMİRTAŞ ISBN: 978-975-17-4431-9 Kapak Çalışma Mustafa SUNAR Kapak Hat Şefik Bey’e ait H. 1293 tarihli hat levha (Ankara Etnografya Müzesi Envanter No: 10262) Ön Hazırlık ve Basım Merkez Repro Basım Yayın Matbaa İç ve Dış Tic. Ltd. Şti. 0312 384 78 98 www.merkezrepro.com Adres Vakıflar Genel Müdürlüğü Kültür ve Tescil Daire Başkanlığı Atatürk Bulvarı No: 10 Ulus Altındağ/Ankara Telefon: 0312 5096000 Faks: 0312
    [Show full text]
  • Christian and Muslim Explorations
    Studies 01/10 Studies How can Christian and Muslim ethical and theological Studies 01/2010 reflection contribute to the wider discourse on human beings and actions, freedom and responsibility? The contributions in this book honestly name complex and often conflictual realities and point to seeds of hope in our societies and religious communities, thus deepening the understanding of human agency and freedom from a faith perspective. Freedom and Contributors include: Bernard Adeney-Risakotta (USA/ Indonesia), Reinhold Bernhardt (Switzerland), Suhadi Cholil (Indonesia/Netherlands), Hans-Peter Grosshans (Germany), Ignas Kleden (Indonesia), Oddbjørn Leirvik (Norway), Martin Freedom and Responsibility Responsibility Sinaga (editor, Indonesia), Simone Sinn (editor, Germany), Mark Swanson (USA), Siti Syamsiyatun (Indonesia), Sahiron Christian and Muslim Explorations Syamsuddin (Indonesia) and Amina Wadud (USA). LUTHERAN UNIVERSITY PRESS The Lutheran World Federation – A Communion of Churches DTS-Studies-2010-cover.indd 1 01/07/2010 16:05:43 PM DTS-Studies-201002-text.indd 10 02/03/2011 15:55:18 PM Freedom and Responsibility: Christian and Muslim Explorations LWF Studies, 2010 June 2010 edited by Simone Sinn and Martin L. Sinaga on behalf of The Lutheran World Federation Freedom and Responsibility: Christian and Muslim Explorations Simone Sinn and Martin Sinaga, Editors on behalf of The Lutheran World Federation Copyright © 2010, Lutheran University Press & The Lutheran World Federation. All rights reserved. Except for brief quotations in articles and reviews, no part of this book may be reproduced in any manner without permission. The views expressed in this publication are those of the authors and do not necessarily reflect the official position of the Lutheran World Federation.
    [Show full text]
  • The Shiite Jihad in Syria and Its Regional Effects
    THE SHIITE JIHAD IN SYRIA AND ITS REGIONAL EFFECTS Phillip Smyth This piece is dedicated to the memory of a true scholar, friend, and mensch, Barry Rubin. I would never have been able to complete such an undertaking without his confidence in me. POLICY FOCUS 138 THE SHIITE JIHAD IN SYRIA AND ITS REGIONAL EFFECTS PHILLIP SMYTH THE WASHINGTON INSTITUTE FOR NEAR EAST POLICY www.washingtoninstitute.org The opinions expressed in this Policy Focus are those of the author and not necessarily those of The Washington Institute, its Board of Trustees, or its Board of Advisors. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. © 2015 by The Washington Institute for Near East Policy The Washington Institute for Near East Policy 1828 L Street NW, Suite 1050 Washington, DC 20036 www.washingtoninstitute.org Design: 1000colors Photo: Sayyeda Zainab mosque, Damascus (Ahmad al Husseini). CONTENTS Acronyms | iv 1 introduction | 1 2 the NArrAtive of JihAd | 3 3 cAll to JihAd: clericAl Views of the Shiite JihAd in SyriA | 13 4 Building An Army for ZAinab | 21 5 the WeB of Multiplying Shiite IslAmist MilitiAs in SyriA | 37 6 Joining of Fronts: Blowback in IrAq And Lebanon | 48 7 policy RecommendAtions | 55 8 notes And Sources | 58 ABout the Author | 80 APPENDICES (ONLINE ONLY) 1 phAses of Shiite MilitiA
    [Show full text]
  • Utilitarianism in Classic Islamic Jurisprudence
    Journal of Islamic Studies and Culture June 2017, Vol. 5, No. 1, pp. 1-8 ISSN: 2333-5904 (Print), 2333-5912 (Online) Copyright © The Author(s). All Rights Reserved. Published by American Research Institute for Policy Development DOI: 10.15640/jisc.v5n1a1 URL: https://doi.org/10.15640/jisc.v5n1a1 Utilitarianism in Classic Islamic Jurisprudence Hazim H. Alnemari1 Abstract Islamic jurisprudence has developed a special utilitarian method for both understanding Shari’a and applying it in unprecedented situations. The concept of Maslaha is the cornerstone of Islamic legal philosophy for three reasons: (1) the close link between Maslaha and religious Islamic texts, (2) the methodology of categorizing Maslaha is one of the main subjects of Usoul al-Figh, and (3) it greatly affects Islamic law rulings and reasoning. Classic Muslim jurists have divided Maslaha up based both on its role in society and its relation to the religious texts (the Qur’an and Sunnah). Per the first standard, Maslaha are divided into three categories: necessities, needs, and embellishments. Per the second standard, Maslaha are also divided into three categories: ones that the Qur’an or Sunnah explicitly consider, ones that they explicitly dismiss or cancel, and ones that they do not mention at all. The method of considering Maslaha in decision making can be summarized into two steps: first is that Maslaha should promote one or all of the five goals of Shari’a. Second, Maslaha should not cause the loss of a bigger utility or result in great harm. The case of theft at the time of Umar ibn Al-Khattāb and his decision provide both an example that shows Maslaha in governmental and judicial practice and a principle in Islamic jurisprudence that can be used as a benchmark for future cases.
    [Show full text]
  • Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought
    Int J Semiot Law DOI 10.1007/s11196-016-9457-x Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought Sami Al-Daghistani1,2,3,4 © The Author(s) 2016. This article is published with open access at Springerlink.com Abstract The paper explores the role and meaning of maslaha (social utility) and ˙ ˙ its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maslaha been incorporated in ˙ ˙ legal reasoning and what kind of meaning does it convey; what type of economic (and/or legal) reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maslaha in its capacity has ˙ ˙ always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a his- torical overview of Islamic law and the concept of maslaha in relation to the field of ˙ ˙ Islamic economics, including Abu Hamid al-Ghazali’s monumental Ihya ‘ulu¯mal ˙ dı¯n (Revival of Religious Sciences), which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law.
    [Show full text]