71 research outputs found
Ebu Ca'fer At-Tahâwî's opposing views to the Hanafi imams on issues related to worship
No full textEbû Ca'fer et-Tahâvî, (v. 321/933), erken dönem Hanefî fakîhlerindendir. Mezhepte müçtehit seviyesine ulaşmış olan Tahâvî, sadece fıkıh alanında değil aynı zamanda akide ve hadis alanında da kıymetli eserler telif etmiştir. Gençlik yıllarına kadar Şâfiî mezhebine müntesip olmuş, İmam Şâfiî'nin (v. 204/820) de talebelerinden olan, dayısı Müzenî'den (v. 264/877) Şâfiî fıkhını öğrenmiştir. Tahâvî, Mısır'a atanan Hanefî kadıların da ders halkalarına katılmıştır. Böylece iki mezhebi kıyaslama imkânı bulmuş ve bir süre sonra Hanefî mezhebine geçme kararı almıştır. Hanefî mezhep imamlarına da, bazı fıkhî meselelerin hükmünde muhalefet ederek farklı kanaatler ortaya koymuştur. Çalışmamızın konusu, İmam Tahâvî'nin (v. 321/933) Hanefî mezhebinin kurucu imamı Ebû Hanife (v. 150/767) ile öğrencileri ve aynı zamanda mezhebin ilk nâkilleri olan İmam Ebû Yusuf (v. 182/798) ve İmam Muhamed'e (v. 189/804) muhalefet ettiği fıkhî görüşlerini tespit etmektir. Çalışmamız iki bölüme ayrılmıştır. Birinci bölümde Tahâvî'nin hayatı, ilmi kişiliği ve eserleri ile yaşadığı dönemde Mısır'ın siyasî, sosyal ve ilmî durumu hakkında bilgiler sunulmuştur. Tahâvî'nin Şâfiî mezhebinden ayrılma sebepleri ve Hanefî mezhep imamlarına muhalefet nedenleri ilk bölümde incelemeye çalıştığımız diğer hususlar olmuştur. İkinci bölümde ise; farz, vacip, sünnet, mekrûh ve haram kavramlarının ilk dönem kullanımları ile ilgili kısa bilgi ve örneklerden sonra fıkıh kitaplarının tertibine uygun olarak, Tahâvî'nin Hanefî imamlardan farklı bir kanaate vardığı ihtilaflı meseleler, maddeler halinde ele alınmıştır. ANAHTAR KELİMELER: Tahâvî, Hanefî mezhep imamları, Hanefî fakîhler, Şâfiî, ihtilaf, farz, vacip, sünnet, mekruh.
Ebû Ca'fer et-Tahâwî (d. 321/933) is one of the early Hanafi jurists. Tahâwî who reached the level of the interpreter of İslamic law (Muctahid) in the doctrine (madhab) not only in the field of jurisprudence (fiqh) but also in the field of faith and the sayings of the Prophet (aqidah and the hadith) valuable works compiled. Until his youth times he followed the Shafii sect and learned the Shafii fikh from his uncle Muzani (d. 264/877) who was the one of the students of Imam Shafii (d. 204/820). Tahâwî also participated in the circle of lessons of Hanafi judges (Qadi) who were appointed to Egypt. Thus, he had the opportunity to compare two sects. After a while he decided to move to the Hanafi sect. He had some different opinions by opposing the Hanafi sect imams on the judgements of some fiqh questions. Therefore the subject of our study is to identify this kind of wievs of fiqh by that he was opposing Ebû Hanifa (d. 150/767) who was the founder and leader of the Hanafi sect and İmam Ebû Yusuf (d. 182/798) and İmam Muhammad (d. 189/805) who were the students of İmam Ebû Hanifa and the first conveyers of the sect of Hanafi. Our work is divided into two parts. In the first chapter, the informations were provided about the political, social and scientific situation of Egypt in the period of Tahâwî's life and his biography, scientific personality and his works. The reasons for his leaving Shafii sect and for the opposition to the Hanafi sect imams are the other things we tried to examine in the first chapter. In the second part; after giving a brief information and examples about the early uses of the concepts of fard, wajip, sunnah, mekruh and haram the disputed articles which Tahâwî considers differently from the Hanafi imams in accordance with the composition of the fiqh books were discussed. KEY WORDS: Tahâwî, the imams of Hanafi sect, Hanafi jurists, Shafii, dispute, fard, wajip, sunnah, makruh
Conflict of law and the methodology of Tarjīẖ : a study in Islamic legal theory
No full textIslamic law never achieved unity but expressed itself in, at least, four surviving schools. More interestingly, contemporary Muslim communities are still divided among themselves on a number of issues related to their laws. This work describes how problem of legal conflicts have been tackled by Muslim jurists. It is an attempt to examine closely the phenomenon of conflict in Islamic law from the standpoint of usūl-al-fiqh or Islamic legal theory. In fact, much is heard nowadays of the contradiction in the body of Islamic law. Whilst in contrast, little is presented in terms of the methodology of removing this conflict. The present work therefore, attempts to redress this balance. The emphasis of the work will be concerned primarily with tarjīh methodology ; how to give preference to one piece of evidence or argument over the other when they conflict. Nevertheless, considerable concern is given to investigating the background to the conflict of law in the Shari'ah.
This study of a neglected area in Islamic legal scholarship will be an important source of reference to students, both practising and theoretical jurists or to anyone who merely wishes to increase his knowledge of legal themes, particularly legal conflict. The very aim of the work is to argue that conflict is a natural and unavoidable consequence of legal study because legal conflict is only conflicting principles and arguments adduced by both the classical and modern jurists to reach what is actually intended by God in the target case. Therefore, conflicts are inevitable in most of the cases in fiqh owing to the variety of principles set out to deal with one piece of legal evidence, let alone with all the pieces of legal evidence in question.
Tarjīh is therefore, an important and workable instrument in the re-examination of these conflicts and in arriving at the most accurate principle for establishing the law for as long as this is possible. It is hoped that the discovery of new facts and the increase of knowledge which results from the broadening and deepening of the research will positively contribute to the process of unification of Islamic law
The ‘Second Journey’ (Al-Rihla al-thaniya) of Muhammad al-Muwaylihi’s Hadith ͑Isa Ibn Hisham Revisited
No full textIn this chapter, the author discusses the second part of Muhammad al-Muwaylihi's Hadith ʻIsa Ibn Hisham, the ‘second journey’ (Al-Rihla al-thaniya). The author published his Oxford DPhil thesis of 1968, a translation and commentary on Hadith ʻIsa Ibn Hisham, in book form upon the suggestion of Mustafa Badawi. It appeared in 1992 as A Period of Time (Fatra min al-zaman). Later in the 1990s another Egyptian scholar, Gaber Asfour, requested the author to prepare for publication the complete works of Muhammad al-Muwaylihis and his father Ibrahim. These also appeared in Cairo in 2002 and 2007 respectively. The author first provides a background on al-Muwaylihi's ‘first journey’ in Hadith ʻIsa Ibn Hisham before turning to Al-Rihla al-thaniya, al-Muwaylihi's account of his visit to Paris.</p
Analisis Putusan Mahkamah Agung Nomor 2802 K/Pdt/2013 Tentang Pembayaran Perjanjian Jual Beli Tanah Yang Didasarkan Pada Kesepakatan Lisan / oleh Endang Irawati
No full textabstrak (A)Nama: Endang Irawati (205110083). (B) Judul Skripsi: Analisis Putusan Mahkamah Agung Nomor 2802 K/Pdt/2013 Tentang Pembayaran Perjanjian Jual Beli Tanah Yang Didasarkan Pada Kesepakatan Lisan.(C)Halaman: vii + 92 + 2015. (D) Kata Kunci: Perjanjian Jual Beli Tanah Secara Lisan.(E)Isi: Pada umumnya perjanjian jual beli dibuat secara tertulis antara para pihak yang terlibat dalam perjanjian,namun ada juga perjanjian yang dibuat secara lisan, dimana kedua belah pihak bersepakat untuk mengikatkan dirinya melakukan perjanjian jual beli yang dilakukan secara lisan. Perjanjian jual beli yang dilakukan secara lisan yang hanya didasarkan pada kesepakatan tanpa dituangkan dalam sebuah perjanjian tertulis akan menyebabkan berbagai masalah yang timbul dikemudian hari, seperti yang terjadi antara Muhammad Isa dan Santosa Widjaja. Pada awalnya Muhammad Isa dan Santosa Widjaja sepakat untuk melakukan jual beli tanah warisan milik Muhammad Isa.Sebagai tanda jadi, Santosa Widjaja melakukan pembayaran uang muka sebesar Rp. 325.000.000 dan meminta Muhammad Isa segera melaksanakan PPJB, tetapi hal tersebut tidak dilaksanakan oleh Muhammad Isa, sehingga Santosa mengajukan gugatan ke Pengadilan.Permasalahan dalam penelitian ini adalah bagaimana status perjanjian jual beli tanah yang didasarkan pada kesepakatan lisan dan perlindungan hukum atas pembeli yang beritikad baik?Penulis meneliti masalah tersebut dengan menggunakan metode penelitian hukum normatif dan didukung dengan wawancara. Data hasil penelitian memperlihatkan bahwa perjanjian dapat dilakukan secara lisan yang didasarkan atas kesepakatan asalkan tidak bertentangan dengan peraturan perundang-undangan yang berlaku dan dalam hal jual beli tanah harus dibuktikan dengan Akta Jual Beli yang dibuat dihadapan PPAT. Pembeli yang beritikad baik dapat menuntut ganti kerugian kepada penjual dan pembeli dapat mengajukan permohonan kepada Ketua Pengadilan Negeriuntuk memaksakan eksekusi Putusan yang belum dilaksanakan oleh penjual.Maka dari itu, sebaiknya jual beli tanah dilakukan secara tertulis untuk kemudahan dalam pembuktian dan harus membuat Akta Jual Beli dihadapan PPAT. (F)Acuan: 22 (1983-2012).(G) Pembimbing Hanafi Tanawijaya, S.H.,M.H.(H)Penulis Endang Irawat
The role of the accused in English and Islamic criminal justice
Get PDFThis thesis is a comparative study of the role of the accused in the systems of
English and Islamic criminal justice. It seeks to explore the underlying
relationship between the individual and the state through an historical, structural
and contextual analysis of their rules relating to questioning and of confessions.
The analysis of the English system covers the period 1800 to 1984, with
particular reference to developments during the nineteenth century when the
foundations for the modern English state were established. The analysis of the
Islamic system combines traditionally Islamic and modern methods, assessing the
"Islamisation" movement in Malaysia through a religico-structural understanding
of juristic opinion from the four main schools of Sunnite jurisprudence.
The thesis contributes to existing knowledge on a number of levels: first, it
questions and revises the "myth" of "progress" that has dominated observations
of the history of the English criminal justice system; second, it elucidates the
relationship between Islamic law in theory and the law that is applied and
proposed in its name in Muslim states; third, it provides an analytical framework
for drawing comparisons between the underlying values of the systems of English
and Islamic criminal justice.
While acknowledging fundamental differences in terms of outlook and
articulation, the author concludes there are important similarities expressed
through such notions as "suspect" in the English system and "kafir"I"fasiq" in the
Islamic. These act as intermediate constitutional categories to whom the state
owe less protection. But the author notes also that these similarities are not
observed necessarily in the "law" which is implemented or proposed in Muslim
states; exact correspondence depends upon the over-arching political structure
and the institution of Caliphate.
The thesis is divided into six chapters: chapter one sets out the conventional view
of the historical development of English criminal procedure and evidence;
chapter two subjects that to a critique and chapter three offers a revised thesis.
Chapter four, explores methods for interpreting and explaining Islam; chapter
five sets out rules relating to confessions and questioning according to the four
Sunni schools; chapter six puts them into "context" through an examination of
the "Islamisation" process in Malaysia
ASPEK MORAL DALAM NOVEL AKU TAK MARAH KARYA DJOKOLELONO: SEBUAH TINJAUAN SOSIOLOGI SASTRA
Get PDFIsa, Muhammad Haikal. 2017. “Morality Aspect in Aku Tak Marah by Djokolelono: A Review of Literary Sociology”. Undergraduate programs in Science of Indonesian Literature Faculty of Hummanities. Diponegoro University Semarang. Adviser: Drs. Moh Muzakka, M.Hum.
Aku Tak Marah tells about a world that is both familiar and stranger to the general readers in Indonesia; the poor lives of the urban and suburbs people. With a language that is easy to understand and concise story and funny things in it, Aku Tak Marah presents the events that happen every day, but they are often ignored from observation. Aku Tak Marah Novel written by Djokolelono contains many values of life in it, especially the moral aspects that come from the characters contained in the novel. This thesis aims to reveal the moral aspects that arise from each character in order that the moral message can be conveyed by the author to the readers. The issues discussed in this thesis demonstrate how the structural elements of the novel develop the literary work and what kind of morality aspects contained in the novel.
This research used literature study. The method used in this research is qualitative method. There are three phases in this research, first phase is data collection. The technique used is the observation technique. After collecting the data, the next step is the data analysis phase. The data is analyzed descriptively. Then, the presentation of data analysis results are presented in the form of words by giving explanation about Aku Tak Marah.
The results of this research can be seen as follows:
The main characters in Aku Tak Marah are Agit, Candra, and Vici. The characterization in the Aku Tak Marah uses analytical techniques. The plot in Aku Tak Marah uses a chronological straight. The most dominant place setting in Aku Tak Marah is Encing’s House. The time setting in the novel Aku Tak Marah is not explained specifically, such as the day, date, month, or year used; the time mentioned in the novel is morning, evening, and night that all happen in rainy season. The social setting contained in the novel is a comparison of social life among the citizens of big cities (Jakarta) and the suburban residents (Bekasi). Moreover, the results of the analysis of a moral issue in Aku Tak Marah reveal the moral aspects: love, help, courage, admitting mistakes and forgiving, loyalty, caring, and responsibility.
Keywords: Aku Tak Marah, Structural Elements of Novel, Moral Aspects
MANUAL FOR IBADAH CAMP ORGANIZER A PART OF THE IIUM FLAGSHIP ENTITLED “GENDER DYSPHORIA”
Get PDFMaknyah or male-to-female transgender are those who transform their identity biologically from male to female through crossdressing and their lifestyle associated with homosexuality. Crossdressing and homosexuality are unlawful in accordance with Islamic practices. Often, these
transgenders are associated with being sex workers in major hotspots such as in Federal Territory Kuala Lumpur, Selangor, Negeri Sembilan, Pulau Pinang, Pahang and Sarawak.1
It is estimated that the population size of sex workers in Malaysia in 2018 is 37,000 (22,000 Female Sex Workers
and 15,000 Transgender Sex Workers). Despite the reducing number of transgender sex workers in Malaysia (as compared to previous Key Population Estimates in 2010), it is still a concern to Muslims and this trend needs to be relieved promptly
Imam Salim b. Rashid and the Imamate revival in Oman 1331/1913 - 1338/1920
Get PDFThe principal aim of this thesis is to assess the performance of Imam Salim b.Rashid and the Imamate revival in Oman during the second decade of the 20th century. It
presents biographical information about Imam Salim, with special reference to the military and political policies by which he established and consolided his Imamate in the
Interior Province, and his relations with the Sultan and the latter's British supporters. An attempt is also made to explore the relationship between the Imam and the Omani tribes and to evaluate his administrative success. This thesis comprises eight chapters, and the introduction and conclusion. The introduction reviews the relevant literature on the topic. The first chapter describes the geographical setting and provides a historical background,
relating to three principal matters: the rise of the Iba<;liyyah and the development of the Imamate in Oman; the events in Oman after Sd. Sa'id's death up to 1913; and the effects of the First World War. The second chapter seeks to give an account of the career of Imam Salim's life and the Imamate revival. The third chapter discusses the manner in
which the Imam was elected, private and public allegiance (bay'ah) and the Imam's aims and policy programme. Chapter Four deals with the Imam's military operations and the
spread of his authority over Oman. Chapter Five examines the attempts at negotiation between the Imam and the Sultan, and the role of the British Government and the local
figures in this regard. Chapter Six is devoted to a discussion of the role of the tribes in support of Imam Salim, and the extent of the Imam's influence over these tribes. Chapter Seven assesses the Imam's administrative machinery, including the political system, the bureaucracy, education policy, and financial apparatus. Chapter Eight examines the causes behind the assassination of Imam Salim and the signing of the Treaty of al-Sib. In the conclusion, we present the findings of the research as they have emerged from the assessment of the course of events in Oman. We have said that the Omanis succeeded in reviving the Imamate and elected Imam Salim al-KharU~i who devoted his efforts to establish the foundations of the state, and peace prevailed in the country after the treaty of
al-Sib in 1920
Medina in the Ayyubid period and the Shi'a influence upon it
Get PDFThe underlying concern of this thesis is to shed light on the history of Medina during the Ayyubid period, discussing and analysing the Shi'a emergence in the city in that time, and the transfer to them of power, the judiciary and the key religious positions. It also discusses their influence over the various facets of life there. The study comprises an introduction, six central chapters and a conclusion. The first chapter includes a general introduction, beginning with a historical background of pre-Islamic Medina, and then proceeds to present an overview of the importance of the subject and the reasons for choosing it. It then moves on to an exposition of the key issues which the study will discuss, and the methodology which it follows. The second chapter provides a concise account of the significance of Medina in the Islamic sources (the Qur'an and the hadith), discussing the role of the city and its inhabitants in their support for and propagation of Islam. It also gives a short account of the history of Medina following the death of the Prophet up until the Umayyad period, and briefly discusses the key historical events during that period. The
third chapter examines the state of the Islamic World prior to and during the Ayyubid period, and discusses the key historical events that occurred in Medina at that time and
their connection with what was happening in the Islamic World. The fourth chapter studies and analyses the emergence of the Shi'a in Medina during the Ayyflbid period, and examines certain accounts of this. It also tracks the history of the Shia in Medina prior to the Ayyübid period by providing critical examples of some of the accounts on the subject. The reasons behind the emergence of the Twelver Shia doctrine in Medina during the
Ayyübid period will also be studied and analysed, and the chapter will explain how the Shi'a came to assume the key political and religious offices in the city. Their relations with other Shi'a sects will also be examined, and the way in which their control of Medina came to an end will be discussed. The fifth chapter discusses political life in Medina during the Ayyubid period and the influence of the Shia upon it, studies and analyses the political
relations between the emirs of Medina and each of the neighbouring tribes, the emirs of Mecca, the sultans of the Ayyubid state and those of the Banü Rasül in Yemen, and
explains the influence of the Shi'a on these relations and the role which they played in the political life in the city. The sixth chapter discusses social life in Medina during the Ayyubid period and the influence of the Shia upon it, by studying the composition of civil society and its groupings, the distinguishing features apparent in each grouping, and the elements of social life and its economic conditions, as well as the constructive interplay between them, in order to present an accurate picture of the city's social life. The seventh chapter discusses the state of learning in the city during the Ayyübid period and the Shia
influence upon it, by examining some of the accounts mentioned by certain historians and travellers. It will also include a refutation of these negative accounts by presenting a thorough, extensive description of the state of learning in Medina, through studying the teaching lectures which were current in the Prophet's Mosque and the madrasas of that time, the kuttabs, the syllabuses, the teaching methods, the most notable 'ulama' and their key works, the role of the Sunni 'ulama' in the flourishing of learned activity and, lastly, the Shi'a influence upon it. The eighth chapter summarises and discusses the study's most
important findings and draws conclusions from them, before making suggestions for future research
SURAT DAKWAH NABI MUHAMMAD SAW (ANALISIS TEMATIK ATAS SURAT-SURAT NABI MUHAMMAD KEPADA PARA RAJA)
Get PDFThis paper aims to find the themes of propagation of Islam Prophet Muhammad in the early spread of Islam that can be used uswah h}asanah by preachers in Indonesia in spreading Islam in accordance with the present context. Letters were used as the data in this study are the letters sent by the Prophet Muhammad to the king superpower in the Roman and Persian kings and their little under the authority of the king of the superpower. The letters are including in these types of letter are ten letters. Stanton thematic theory which states that the theme (theme) is contained in the meaning of a story, become the basic theory in this study. In addition, there is also a theme in the study of the distribution of known theme with theme of major and minor themes. In analyzing the data, before entering the core analysis, the author uses the method of analysis and match with sub-method translational match. In this case, the letters of the Prophet Muhammad first translated into Indonesian, after it analyzed according issues to be answered. The findings of this thematic analysis form the major theme of “propagation of Islam” whose content is tailored to the circumstances of the king recipients. Of the major themes, there are minor themes are used to support the universality of the major themes of these letters, they are: dakwah must be by the name of God, pray for
salvation only to Muslims, Jesus is not the son of God, all the religions of Semitic is unity of God (tawhid), religion God recognized only Islam, and Islam is tolerant religion.
Tulisan ini bertujuan untuk mencari tema-tema dakwah Islam Nabi Muhammad pada awal penyebaran Islam yang dapat dijadikan uswah h}asanah oleh para da’i di Indonesia dalam menyebarkan agama Islam yang sesuai dengan konteks kekinian. Surat yang dijadikan data pada penelitian ini adalah surat-surat yang dikirim oleh Nabi Muhammad kepada para raja adidaya di Romawi dan Persi beserta raja-raja kecil yang berada di bawah kekuasaan kedua raja adidaya tersebut. Yang temasuk dalam jenis surat ini sejumlah sepuluh pucuk surat. Teori tematik Stanton dan Kenny yang menyatakan bahwa tema (theme) adalah makna yang dikandung sebuah cerita, menjadi landasan teori dalam penelitian ini. Selain itu, terdapat pula pembagian tema yang dalam kajian tema dikenal dengan tema mayor dan tema minor. Dalam menganalisis data, sebelum masuk pada analisis inti, penulis menggunakan metode analisis padan dengan submetode padan translasional. Dalam hal ini, surat-surat Nabi Muhammad tersebut diterjemahkan terlebih dahulu ke dalam bahasa Indonesia, setelah itu dianalisis sesuai permasalahan yang ingin dijawab. Temuan dari analisis tematik ini berupa tema mayor tentang “dakwah Islam” yang isinya disesuaikan dengan keadaan para raja penerima surat. Dari tema mayor tersebut, terdapat tema-tema minor yang digunakan untuk mendukung keuniversalan tema mayor surat-surat tersebut, yaitu berdakwah harus karena Allah, mendoakan keselamatan hanya untuk muslim, Nabi Isa bukan
anak Tuhan, seluruh ajaran agama semitik adalah pengesaan Allah, agama yang diakui Allah hanya Islam, dan Islam agama yang toleran.
Keywords
surat; dakwah; Nabi Muhammad SAW; tawhid; dan Isla
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