16 research outputs found

    Conflict of law and the methodology of Tarjīẖ : a study in Islamic legal theory

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    Islamic 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

    Medina in the Ayyubid period and the Shi'a influence upon it

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    The 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

    Astrology in literature: how the prohibited became permissible in the Arabic poetry of the mediaeval period

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    This thesis is concerned to position the art of astrology within the context of classical Arabic poetry, primarily by investigating and elucidating attitudes to the notion of qadar (fate) and the ideology in which it was embedded. These attitudes were revelatory of the broader world view of the Arabs of those periods, and their shifts from those held in the pre-Islamic and early Islamic eras tell us a good deal about the importance given to the nature and role of fate and about the various understandings of its influence. The pre-Islamic Arab's notion of qadar was in some ways similar to that of the early Muslims: both emphasised predetermination and the irresistible power of fate. But while the jahilf (Pre-Islamic) Arabs identified fate with the malign power of dahr (Time), the Muslims believed the power of fate lies in the hands of God the Omnipotent, who alone is responsible for the fate of the whole universe. Thus the astrology of the pre-Islamic era was one aspect of divination (kihana) and claimed to be able to reveal in advance an individual's destiny, which could be avoided by taking certain precautions. These precautions, however, were considered effective only in relatively trivial cases; they were useless in the areas of major impact: a person's happiness or misery (shaqiiwa aw sa ada), sustenance (rizq) and one's term (ajal), the three inevitable and irresistible manifestations of fate. In the Islamic period not only these major aspects of life are governed and controlled by the Omnipotent; the destiny of the universe, in even its most minute details, is determined and controlled by God alone. Astrology was considered to be of no value whatsoever, and its practitioners were subject to the death penalty. These two irreconcilable views are evident in early Islamic poetry, which reflected clearly the response of poets, and society, to astrology from the perspective of qadar. When the orthodox caliphate was replaced by dynastic rule the status of astrology was changed dramatically. The idea that the stars, as indicators, play a role in the life of human beings found popowerful supporters in some governors of the Islamic world, who allowed astrology to fulfil a public function regardless of the hostility of the official religion of that society. This social phenomenon generated rich material of a controversial character in the realm of literature. Investigating the factors, motivations and impact of mediaeval political, theological and philosophical attitudes to astrology, in relation to the notions of free will and predestination, is the concern of this study

    Analisis doktrin akidah ahli sunnah wa al-jamaah dalam kitab perisai bagi sekalian mukallaf atau simpulan iman atas mazhab salaf karya Syeikh ‘Abd Al-Qādir Al-MandilῙ

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    The Salaf belief has become the main framework for forming the members of the Sunnah wa al-Jamaah school of thought long before the emergence of the Khalaf belief. Sheikh 'Abd. Al-Qadir al-Mandili, through his work Perisai Bagi Sekalian Atau Simpulan Iman Atas Mazhab Salaf, was one of the earliest Malay scholars to introduce the Salaf belief to Malay Muslims in Malaysia, particularly. Based on the perception of some Muslim communities, the Salaf belief is not considered part of the movement of members of Sunnah. When this trend is highlighted even for scholarly purposes, it is considered awkward and even results in the phenomenon of apostasy among Muslims. Thus, through this study, one of the comprehensive questions to be studied is what the position of the Salaf belief in the framework of the belief of Sunnah wa al-Jamaah members is, and to what extent the manhaj talaqqi and the al-Mandili belief in the Perisai book are parallel to the manhaj of the Salaf al-Soleh belief. The study's main objective is to identify the Salaf belief in the framework of the members of Sunnah belief, then analyse the Salaf belief in the Perisai book. This qualitative study employs the literature review method to obtain results by collecting and analysing textual data. The result proved that the Salaf belief is the foundation of the formation of the Sunnah wa al-Jamaah members. Through the Perisai book, al Mandili highlights the method of argumentation and the understanding of the Salaf belief in the debate on the Pillars of Faith. The manhaj and understanding of the belief highlighted by al-Mandili in the Perisai book are compatible with the manhaj and understanding of the Salaf al-Soleh belief. The implications of this study can serve as a catalyst for initiatives to mature society and make them more open to confronting the issue of belief comparison. More importantly, it can bridge differences and fostering greater harmony among Muslims

    Gagasan Syafiq Riza Basalamah Tentang Langkah-langkah dalam Membangun Pernikahan Bertahan Lama

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    The realization of a lasting marriage is the dream of every human being and not a few of them consider that love is the only key to realizing the dream marriage. In this study, researchers took the perspective of a da'i figure named Syafiq bin Riza bin Hasan bin Abdul Qadir bin Salim bin Zen Basalamah who is one of the S1, S2, and S3 graduate students from the Islamic University of Madinah faculty of da'wah and usuluddin and has plunged into the world of da'wah more or less since 2014 until now starting from Java to outside Java. The purpose of this study is to provide information on the steps for marriage to be realized and last a long time perspective of Syafiq Riza Basalamah. This research method uses a type of qualitative approach through literature studies, where the source of data obtained is from books and several scientific works. The result of this study is that among the elements other than love to maintain marriage, Syafiq Riza Basalamah's perspective is prioritizing good religion and noble morals in choosing a partner when getting married, associating with the family because of Allah, namely with Islam, faith, and ihsan, trying to see the strengths of his partner, and the existence of tolerance and mutual understanding

    Security and privacy of internet of medical things: A contemporary review in the age of surveillance, botnets, and adversarial ML

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    Internet of Medical Things (IoMT) supports traditional healthcare systems by providing enhanced scalability, efficiency, reliability, and accuracy of healthcare services. It enables the development of smart hardware as well as software platforms that operate on the basis of communication systems and the algorithms that process the data collected by the sensors to support decision-making. Although IoMT is involved in large-scale services provisioning in the medical paradigm; however, the resource-constrained nature of these devices makes them vulnerable to immense security and privacy issues. These vulnerabilities are not only disastrous for IoMT but threaten the whole healthcare ecosystem, which can in turn bring human lives in danger. During the past few years, threat vectors against IoMT have been evolved in terms of scalability, complexity, and diversity, which makes it challenging to detect and provide stringent defense solutions against these attacks. In this paper, we classify security and privacy challenges against different IoMT variants based on their actual usage in the healthcare domain. We provide a comprehensive attack taxonomy on the overall IoMT infrastructure comprising different device variants as well as elaborate taxonomies of security protocols to mitigate attacks against different devices, algorithms and describe their strengths and weaknesses. We also outline the security and privacy requirements for the development of novel security solutions for all the attack types against IoMT. Finally, we provide a comprehensive list of current challenges and future research directions that must be considered while developing sustainable security solutions for the IoMT infrastructure. 2022 The Author(s)Junaid Qadir is a Professor at the Qatar University in Doha, Qatar, and the Information Technology University (ITU) of Punjab in Lahore, Pakistan. He directs the IHSAN Research Lab. His primary research interests are in the areas of computer systems and networking, applied machine learning, using ICT for development (ICT4D); human-beneficial artificial intelligence; ethics of technology, artificial intelligence, and data science; and engineering education. He has published more than 150 peer-reviewed articles at various high-quality research venues including publications at top international research journals including IEEE Communication Magazine, IEEE Journal on Selected Areas in Communication (JSAC), IEEE Communications Surveys and Tutorials (CST), and IEEE Transactions on Mobile Computing (TMC). He was awarded the highest national teaching award in Pakistan-the higher education commission's (HEC) best university teacher award-for the year 2012-2013. He has obtained research grants from Facebook Research, Qatar National Research Fund, and the HEC, Pakistan. He has been appointed as ACM Distinguished Speaker for a three-year term starting from 2020. He is a senior member of IEEE and ACM.Scopu

    Evaluation of Antibiotics Pattern of Extended Spectrum Beta-Lactamase Producing Multi-Drug Resistant Pseudomonas aeruginosa

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    Background: Pseudomonas aeruginosa (Ps. aeruginosa) is considered as an opportunistic pathogen and the leading cause of morbidity and mortality in immunocompromised individuals. Globally, approximately 10-15% of the nosocomial infections are caused by Ps. aeruginosa. The Ps. aeruginosa can acquire resistance against broad-spectrum antibiotics. According to recent studies increased mortality has been observed due to infection with extended-spectrum-beta-lactamase (ESBL) producing Ps. aeruginosa strains. This study was designed to determined antibiogram of ESBL producing multi-drug resistant Ps. aeruginosa in Khyber Pakhtunkhwa.Methods: The clinical confirmed Ps. aeruginosa samples were collected according to the standard protocol, at Khyber Teaching Hospital (KTH), Peshawar. All collected samples were sub- cultured on appropriate culture media. After isolation and identification, the antibiotics susceptibility testing was performed. The detection of ESBL was carried out by the double-disc diffusion method. Carbapenemase-producing bacteria was confirmed by the modified Hodge test. Descriptive analysis was performed for statistical analysis of collected data.Results: A total of one hundred and sixty-two (n=162) Ps. aeruginosa confirmed isolates were collected, in which 59.3% were male and 40.7% were from female patients. The percentages of ESBL and carbapenemase producing Ps. aeruginosa isolates were 5.5% and 23.5%, respectively. The multidrug resistance was observed against 27.2% isolates. Among tested antibiotics highest percentages of resistance was observed against ciprofloxacin (43%) and ceftazidime (39.5%). Conclusion: We observed highest level of drug resistance in Ps. aeruginosa clinical isolates against tested antibiotics and majority of the isolates were Multi-drug resistant (MDR).Keywords: Pseudomonas; Multi-Drug Resistant; Extended Spectrum Beta Lactamases; Antibiotics Susceptibilit

    COVID-19'un Sosyal Etkileri: Öngörülemezliği Öngörmek

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    This paper aims at making an inquiry into the ongoing societal effects of the COVID-19 focusing on futuristic dimensions in the post-COVID-19 scenario while taking stock of the expected social changes in the world in general and Pakistan in particular. The main thesis of the subject matter is that the cosmic outreach and destructive nature of this menace have introduced a few extraordinary changes in our social lives. Pandemics, since time immemorial have decimated millions of lives and spread grief, gloom and tribulation all around. The occurrence frequency of pandemics has been on the rise since the last century because of increased global integration, exponential growth in population, mass urbanization, increased mobility and excessive exploitation of the environment. Major pandemics endured by humanity are; plague, smallpox, flu or influenza, cholera, tuberculosis, Ebola and few others. All of these pandemics overwhelmed populations socially and economically, hence COVID-19 being accosted globally is hinting at the evolution of the new normal.Bu makale, COVID-19 sonrası senaryoda fütüristik boyutlara odaklanarak COVID-19'un devam eden toplumsal etkilerine dair bir araştırma yapmayı ve genel olarak dünyada ve özelde Pakistan'da beklenen sosyal değişimleri değerlendirmeyi amaçlamaktadır. Konunun ana tezi, bu tehdidin kozmik erişiminin ve yıkıcı doğasının, sosyal hayatlarımızda birkaç olağanüstü değişikliğe neden olduğudur. Pandemiler, hatırlanan zamandan beri milyonlarca hayatı yok etmiş ve her yere keder, kasvet ve sıkıntı yaymıştır. Pandemilerin ortaya çıkma sıklığı, artan küresel entegrasyon, nüfustaki üstel büyüme, kitlesel kentleşme, artan hareketlilik ve çevrenin aşırı sömürülmesi nedeniyle geçen yüzyıldan beri artmaktadır. İnsanlığın katlandığı başlıca pandemiler veba, çiçek hastalığı, grip, kolera, tüberküloz, ebola ve diğerleridir. Tüm bu pandemiler, toplumları sosyal ve ekonomik olarak yıkıma uğratmış, bu nedenle COVID-19'un küresel olarak ele alınması yeni normalin evrimine işaret etmektedir
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