... p.1.13. See, in particular, Y. Qaradawi, Fiqh al-Wasatiya al-Islamiya: Ma’alem wa Manarat [ ... al-Shuruq, 2002), pp.114–15.18. Qaradawi, Fiqh al-Jihad: Dirasa Muqarna li-Ahkamimih wa Falsfath ... Murahaqa ila al-Rushd, p.115.21. Qaradawi, Fiqh al-Jihad, Vol.1, pp.443–4 and ... 24. This section relies primarily on Qaradawi's Fiqh al-Jihad,Vols.1 and 2; and Y. ... Views] (Cairo: Dar al-Shuruq, 2007).25. Qaradawi, Fiqh al-Jihad, Vol.1, p.65.26. Ibid., ... Unf: Nazharat Ta'siliyya, p.912.38. Qaradawi, Fiqh al-Jihad, Vol.1, pp.263–70.39. ...
Tópico(s): Terrorism, Counterterrorism, and Political Violence
2014 - Taylor & Francis | Middle Eastern Studies
... pp.39–40. 13. Y. al-Qaradawi, Min Fiqh al-Dawla (Cairo: Dar al-Shuruq, 1997), p. ... 73; see for example A. Zahra, Usul al-fiqh (Cairo: Dar al-Fikr al-'Arabi, 1957), pp. ... 1991), p.48; al-Shirazi, al-Muhadhdhab fi Fiqh al-Imam al-Shafi'i (Beirut: al-Dar ... 7. 30. See, for example, al-Qaradawi, Min Fiqh al-Dawla (Cairo: Dar al-Shuruq, 1997); H. al-Turabi, Nazarat fi al-Fiqh al-Siyasi (Umm al-Fahm: Markaz al-Dirasat al-Mu'asira, 1997); F. al-Wahidi, al-Fiqh al-Siyasi wal-Dusturi fi al-Islam (Gazza, ... Hay'a al-Khayriyya, 1988); A. Salim, al-Fiqh al-Siyasi lil-Hasana al-Diblumasiyyah (Amman: Dar ...
Tópico(s): Education and Islamic Studies
2009 - Taylor & Francis | Middle Eastern Studies
... resulted in several problems including those related to fiqh, such as the sale and purchase of illegal ... double identity cards, etc. In the perspective of fiqh, there is no ban on trading between people ... of migrant workers, in fact, are against the fiqh. However, in the context of citizenship, people should follow the provisions of the prevailing legislation. These fiqh issues have motivated the author to analyze them from the perspective of fiqh. Hopefully, we can get a picture of the fiqh problems in the Indonesia-Malaysia border area and ...
Tópico(s): Islamic Finance and Communication
2016 - Jakarta State Islamic University | STUDIA ISLAMIKA
... iyah Sukorejo Situbondo which focuses its teaching on fiqh. Fiqh, or Islamic jurisprudence, is one of the branches ... Islamic science. In some pesantrens, the teaching of fiqh is limited to one school or madhhab, particularly ... only one school of thought is taught, but fiqh of four schools of thought. It shows a ... ingredient in formulating Islamic law, the teaching of fiqh is combined with other sciences such as philosophy, ... This new ingredient produces a rich discourse of fiqh and widens its scope of discussion to include ...
Tópico(s): Pancasila Values in Education
2009 - Sunan Kalijaga Islamic University | Al-Jami ah Journal of Islamic Studies
... published in 1985. 22. Y. al-Qaradawi, Min Fiqh al-Dawla fi al-Islam (Cairo and Beirut: ... 54, 56, 66, 69. 27. Al-Qaradawi, Min Fiqh al-Dawla, p.36. 28. 'Imara, al-Islam, ... 45. Also H. al-Turabi, Nazrat fi al-Fiqh al-Siyasi (Um al-Fahim: Markaz al-Dirasat ... Mu'asira, 1997), pp.43–4; al-Qaradawi, Fiqh al-Dawla, pp.144–6 30. Al-Ghazali, ... 31. Ibid., p.69 32. Al-Qaradawi, Min Fiqh al-Dawla, pp.137–8; also Y. al- ... 41. Ibid., p.61. 42. Al-Qaradawi, Min Fiqh al-Dawla, p.14. 43. Al-Ghazali, Azmat ... edition, 1993), p.87. 50. Al-Qaradawi, Min Fiqh al-Dawla, pp.151–60. 51. 'Imara, al- ...
Tópico(s): Education and Islamic Studies
2010 - Taylor & Francis | Middle Eastern Studies
... Ishaq Asy-Syatibi, Al-Muwafaqat Fi Usul Al-Fiqh, vol. 3 (Beirut: Dar Al-Makrifah, 1997), pp. ... Ishaq Asy-Syatibi, Al-Muwafaqat Fi Usul Al-Fiqh, vol. 3, pp. 97–98, pp. 233–235. ... pp. 50–51. 62. Wahbah Az-Zuhaili, Al-Fiqh Al-Islami Wa Adillatuhu, vol. 6, p. 419. ... p. 35. 63. See Wahbah Az-Zuhaili, Usul Fiqh Al-Islami, vol. 2 (Damascus: Dar Al-Fikr, ... Pustaka Al-Kautsar, 2003), pp. 77–78 and Fiqh Daulah Dalam Perspektif Al-Quran dan Sunnah (Jakarta: ... duties or fines. See Wahbah Az-Zuhaili, Al-Fiqh Al-Islami Wa Adillatuhu, vol. 6, p. 455; ...
Tópico(s): Coastal Management and Development
2007 - Taylor & Francis | Studies in Conflict and Terrorism
Maya Asfarina, Ascarya Ascarya, Irfan Syauqi Beik,
... zakat in Indonesia based on theclassical and contemporary fiqh approaches, as well as including optimistic andrealistic scenarios with different assumptions. Under the classical fiqh approach, thepotential amount of zakat was calculated based ... including only zakat on savings. Meanwhile, usingthe contemporary fiqh approach, the zakat potential was calculated based on ... The results show that, based on the classical fiqh approach,the potential zakat amount is IDR 69. ... the realistic scenario. Meanwhile, based on the contemporary fiqh approach, thepotential zakat amount is IDR 216.54 ...
Tópico(s): Legal Studies and Policies
2019 - Bank Indonesia | Journal of Islamic Monetary Economics and Finance
... amal) is the subject matter of both Islamic fiqh and Western social science (i.e. of all ... different forms conquered the space traditionally occupied by fiqh, and its professional representatives (such as academicians, jurists, ... article thus points to a dialectic tension between fiqh and Western social science which shaped Muslim intellectual ... between advocates of social science and advocates of fiqh. Yet many intellectuals and even some fuqahā' attempted ... the adoption of Western social science to replace fiqh in explaining and ordering human action. This intervention ...
Tópico(s): Islamic Thought and Society Studies
2007 - Brill | Die Welt des Islams
Helmi Helmi, Saiful Bahri, Riyandi Riyandi, Nurazizah Nurazizah, Nurmasyitah Nurmasyitah,
One form of the development of fiqh is to make the charge of fiqh in the form of theoretical laws into practical laws by putting them in the legislation ... Republic of Indonesia had the opportunity to realize fiqh laws into legislation termed Qanun, in order to ... previous Qanun and deviated from the provisions of fiqh, even further claimed as an effort to dwarf ... regulation will deviate from the existing Qanun and fiqh. But like a hot ball that is rolling, ...
Tópico(s): Legal and Social Justice Studies
2019 - | Budapest International Research and Critics Institute (BIRCI-Journal) Humanities and Social Sciences
This essay introduces the legal maxims of fiqh {qaw?cid kulliyya fiqhiyya) as a distinctive genre of fiqh literature side by side with three other related areas of development, namely al- ... ariyy?t al-fiqhiyya (general the ories of fiqh). Developed at a later stage, these genres of fiqh literature seek, on the whole, to consolidate the vast and sometimes unmanageable juris corpus o? fiqh into brief theoretical statements. They provide concise entries ...
Tópico(s): Islamic Studies and History
2006 - Brill | Arab Law Quarterly
... divided into three main paradigms: secular, theocratic, and fiqh. The Pancasila state was the result of a ... is, however, alien to the secular, theocratic, and fiqh paradigms so that this failed to resolve the ... ideological conflict by incorporating modern sciences into the fiqh paradigm. This fiqh paradigm has supported the establishment of the Republic ...
Tópico(s): Islamic Finance and Communication
2014 - Sunan Kalijaga Islamic University | Al-Jami ah Journal of Islamic Studies
Abdul Rafay, Ramla Sadiq, Muhammad Mobeen Ajmal,
... is the existence of different madhahib within Islamic Fiqh. The leading and the most prominent Sunni madhahib ... a model acceptable to all madhahib of Islamic Fiqh. These ingredients include rentals, relationship between special purpose ... standardized product, acceptable for all madhahib of Islamic Fiqh. This standardization will lead to a unified platform ... comprehensive frameworks acceptable to all madhahib of Islamic Fiqh. This research study is the first study of ... by the followers of any madhab of Islamic Fiqh.
Tópico(s): Legal Studies and Policies
2017 - Emerald Publishing Limited | Journal of Islamic accounting and business research
Agus Budiman, Muchlas Samani, Rusijono Rusijono, Wawan Herry Setyawan, Nurdyansyah Nurdyansyah,
... of a constructivist-oriented learning model in constructing Fiqh knowledge more logically and rationally through analyzing the ... learning and improving the learning outcomes of comparative Fiqh in higher education. This type of research included ... teaching plan that was developed led to better Fiqh learning outcomes. The DCL phases developed to consist ... can be used by lecturers to impart student fiqh knowledge without leaving the lecturer's role in ... students through critical analysis of the relationship between Fiqh and the context of social life.
Tópico(s): Health and Education Studies
2020 - Sciedu Press | International Journal of Higher Education
... by critically analysing the framework of waqf jurisprudence ( fiqh al-awqāf ) from a Maqāṣid al-Sharī'ah ( ... approach For examining the jurisprudential aspects of classical fiqh al-awqāf with a special reference to Maqāṣid ... adopting the maqāṣid framework for the analysis of fiqh al-awqāf in its classical permutations is to ... Maqāṣid al-Sharī'ah with the principles of fiqh . By delving into the Sharī'ah premises of ...
Tópico(s): Education and Islamic Studies
2020 - Emerald Publishing Limited | Islamic Economic Studies
Baudouin Dupret, Adil Bouhya, Monika Lindbekk, Ayang Utriza Yakin,
... codified version of one of the many Islamic fiqh schools. Such is the case, from West to ... silent. In such cases, judges must turn to fiqh in order to find appropriate provisions. It is ... judges seek a solution in the body of fiqh when asked to authenticate a marriage. In conclusion, ... how judges who are required to refer to fiqh deal with this matter within the context of ...
Tópico(s): Islamic Finance and Banking Studies
2019 - Brill | Islamic Law and Society
... ideological framing are traceable in what is called fiqh al-daʿwa , which includes general theorizing and ostensibly ... in Islamic legal terminology. This paper investigates the fiqh of daʿwa in its global setting, with an ... radical Islamist articulations. It does so by examining fiqh al-daʿwa ’s legally, or rather ideologically and ... normative potential. The condensed forms and derivatives of fiqh of daʿwa will be documented by means of ...
Tópico(s): Islamic Finance and Banking Studies
2018 - Brill | Die Welt des Islams
Mohammed Hocine Benkheira, Bernard G. Weiss,
... H., evidence for the emergence of usul al-fiqh as a genre of legal literature in the ninth century, the function of usul al-fiqh in relation to legal practice, theological ramifications of issues in usul al-fiqh, Shi'i attitudes to qiyas, the structure of juristic authority within the madhhab, usul al-fiqh as an instrument of reform, the place of ...
Tópico(s): Archaeology and Historical Studies
2003 - Brill | Studia Islamica
... of waqf . This study is based on the Fiqh literature of four Sunni schools of thought. The primary focus is on the Ḥanafī Fiqh , however, representative texts of the other schools have ... in this article. First, the law contained in Fiqh texts is incomplete because it does not encompass ... is recognised in these texts in support of Fiqh , but qānūn is totally missing despite references to ...
Tópico(s): Marriage and Sexual Relationships
2012 - Brill | Arab Law Quarterly
Works of fiqh often have chapters or sections concerned with various questions related to the topic of entering the Ka'ba, ... this material is presented and developed, both in fiqh and in ḥadīth and ‘historical’ literature, what sort ... may be said that I think that the fiqh and ḥadīth material is relevant to an understanding ...
Tópico(s): Historical and Linguistic Studies
1984 - Cambridge University Press | Bulletin of the School of Oriental and African Studies
... the collections of Islamic doctrinal rules known as fiqh. Looking at pre-modern Islamic jurisprudence and Muslim ... systems were made up of two branches: 1) fiqh rules extrapolated from scripture by religious legal scholars ... sharia corresponds only to the doctrinal rules of fiqh, thus leading them to believe that state legislation of fiqh rules is the only way their government can ...
Tópico(s): Education and Islamic Studies
2015 - RELX Group (Netherlands) | SSRN Electronic Journal
... source of family law is Islamic jurisprudence or fiqh-the Twelver Shi'a School in Iran, and ... courts. I focused neither on Islamic jurisprudential texts (fiqh) nor on legislation, but I tried to understand the relevance and operation of fiqh-based family law by examining court cases and ... research focus to the construction of gender in fiqh and the possibility of developing a feminist jurisprudence ...
Tópico(s): Multiculturalism, Politics, Migration, Gender
2007 - Washington and Lee University School of Law | Washington and Lee law review
Nur Maslikhatun Nisak, Moch. Bahak Udin By Arifin, Eni Fariyatul Fahyuni, Isnaini Maulida Rahmawati,
Comic formatted fiqh textbook as a media of learning has an essential role in building students' understanding to live up to ... this study is to develop a comic formatted fiqh textbook for Islamic elementary school. The study method ... study results on the development of comic formatted fiqh textbooks are valid, based on 90% content expert ...
Tópico(s): Health and Education Studies
2021 - Open Access Publishing Group | European Journal of Education Studies
... I describe the historical development of three traditional fiqh -based divorce mechanisms in Indonesia that commonly result ... practice of present-day Islamic courts these traditional fiqh -based divorce mechanisms have lost almost all of ... out-of-court divorce illegal. In contrast to fiqh -based divorce mechanisms, judicial divorce on the grounds ...
Tópico(s): Marriage and Sexual Relationships
2019 - Brill | Islamic Law and Society
... narratives of the life of the Prophet] and Fiqh [Islamic jurisprudence], defensiveness in relation to non-Muslims ... tends to be more strident. The hadith and fiqh texts are focused on teaching correct behaviors, ritual ... from the Qur'an and additional hadith. The fiqh lessons, on the other hand, begin with a ...
Tópico(s): Jewish Identity and Society
2003 - Middle East Institute | The Middle East Journal
... discussions in selected later works of usūl al-fiqh. For Šāfiī, in his Risāla, the term covered ... termed the linguistic turn in mature usūl al-fiqh.
Tópico(s): Islamic Thought and Society Studies
2008 - Brill | Arabica
Ali M. Nizamuddin, Recep Şentürk,
... s theory of 'Umrān and the discipline of Fiqh, it argues that these concepts remain relevant for ... political and economic relations at the macro-level, Fiqh tries to arrange societal relations at the micro- ... legacy since the Ottoman state was founded on Fiqh and the Millet system. It proved to be ...
Tópico(s): Religion and Society Interactions
2008 - Elsevier BV | Asian journal of social science
... any legal system, distinguishes between positive (applied) law (fiqh) and legal theory or jurisprudence (usul al-fiqh, the “sources of law”). The theory of the “ ... the methods of classical legal theory (usul al-fiqh), but rather defined in terms of the overall “ ... process of developing a much needed objectives-based fiqh [jurisprudence, or ethics] for minorities.”20 In this ...
Tópico(s): Jewish and Middle Eastern Studies
2010 - Wiley | Journal of Political Philosophy
... of the diversity and flexi‐bility in the fiqh opinions (often referred to as Shariah) to meet the challenges of growth. While the flexibility in fiqh opinion is presently contributing to global growth, it ... of the use of diversity and flexibility in fiqh are not properly rec‐ognized and regulated. Though ...
Tópico(s): Microfinance and Financial Inclusion
2007 - Wiley | Thunderbird International Business Review
... whose literalist approach informs Sunni schools of jurisprudence (fiqh) today, see Abu Hamid Muhammad al-Ghazali (d. ... Three of the four Sunni schools of jurisprudence (fiqh), the Hanafi, Maliki, and Shafi argue that the ... ijtihad" were "closed" within Sunni schools of jurisprudence (fiqh) around the 10th century which signified that all ... Legal Theories: An Introduction to Sunni Usul al-Fiqh (Cambridge: Cambridge University Press, 1997). Kepel (see note ...
Tópico(s): Islamic Studies and History
2011 - Taylor & Francis | Terrorism and Political Violence
... approach to hadīth as a primary source of fiqh , his call for ijtihād , and his opposition to ... madhhabī system, disregarded the instruments of usūl al-fiqh , and appears to have been irreverent to the legacy of fiqh .
Tópico(s): Islamic Finance and Banking Studies
2006 - Brill | Islamic Law and Society