401 research outputs found
HUKUM MEMBACA AL-QUR'AN DI KUBURAN (STUDI KOMPARATIF IMAM SYAMSUDDIN MUHAMMAD AR-RAMLI DAN SYEKH ABDULLAH MUHAMMAD AL-KHARASYI)
No full textABSTRAK
Kaila Putri Ananda (2024): Hukum Membaca Al-Qur'an di Kuburan Studi Komparatif Imam Syamsuddin Muhammad Ar-Ramli dan Syekh Abdullah Muhammad Al-Kharasyi.
Penelitian ini dilatarbelakangi oleh adanya perbedaan pendapat antara Imam Syamsuddin Muhammad Ar-Ramli dan Syekh Abdullah Muhammad Al-Kharasyi tentang hukum membaca Al-Qur'an di Kuburan. Dalam penulisan skripsi ini penulis merumuskan permasalahan sebagai berikut: Pertama, Bagaimana pendapat dan dalil yang digunakan oleh imam Syamsuddin Muhammad Ar-Ramli tentang hukum membaca Al-Qur'an di kuburan. Kedua, Bagaimana pendapat dan dalil yang digunakan oleh Syekh Muhammad bin Abdullah Al-Kharasyi tentang hukum membaca Al-Qur'an di kuburan. Ketiga, Bagaimana analisis fiqh muqaran.
Penelitian ini berbentuk studi kepustakaan (library research). Sumber yang dipakai meliputi sumber primer yaitu : kitab Nihayatul Muhtaj karya imam Syamsuddin Muhammad Ar-Ramli, dan Syarh Mukhtashar Khalil karya Syekh Muhammad bin Abdullah Al-Kharasyi dan sumber sekunder yaitu buku-buku terkait pembahasan pada penelitian ini. Pembahasan dan analisis menggunakan metode deskriptif (Penjelasan) dan komparatif (perbandingan).
Hasil penelitian ini membandingan dua pendapat ulama fiqh yang berbeda yaitu antara Imam Syamsuddin Muhammad Ar-Ramli dan Syekh Abdullah Muhammad Al-Kharasyi tentang hukum membaca Al-Qur'an di kuburan. Imam Syamsuddin Muhammad Ar-Ramli berpendapat bahwa ketika ziarah kubur hendaknya mengucapkan salam dan berdoa untuk ahli kubur serta disunnahkan (dianjurkan) untuk membaca yang mudah dari Al-Qur'an karena yang lebih dekat dikabulkan, sedangkan pendapat Syekh Abdullah Muhammad Al-Kharasyi bahwa memakhruhkan untuk membaca Al-Qur'an di kuburan karena tidak disyariatkan amalan dari ulama terdahulu. Pendapat yang relavan dalam penelitian ini adalah pendapat Imam Syamsuddin Muhammad Ar-Ramli.
Kata Kunci: Al-Qur'an, Kuburan, Membaca, Imam Ar-Ramli, Syekh Al-Kharasyi
The application of Shari’ah and international human rights law in Saudi Arabia
No full textThis thesis was submitted for the degree of Doctor of Philosophy and was awarded by Brunel UniversityThe present dissertation provides an analytical and comparative study of the application of Islamic law (Shari’ah) and international human rights law in the Kingdom of Saudi Arabia. It provides an analysis of the sources of Islamic law as well as the sources of international law to set the background for analysis and defines the nature of both laws. It also tackles the subject of the domestic application of international human treaties in Saudi Arabia.
In addition, it examines some reservations Saudi Arabia has entered to some of the international human rights treaties it has ratified, specifically the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). It also sheds some light on the political, cultural and religious obstacles to the realisation of norms protected by international human rights treaties in the country, and in other countries for that matter, clearly stating the impossibility of implementing the provisions of the international human rights treaties in their entirety. This is due to the various political and legal developments towards the internationalization of the concept of human rights. It observes that despite the existence of the international human rights treaties, which aim at reinforcing a universal realisation of international human rights, these rights cannot be possibly realised by all countries.
To stress the importance Saudi Arabia attaches to the issue of human rights, the dissertation discusses some rights of women before Saudi courts in family matters, an issue which has been criticised by some international human rights treaties, and examines to what extent the country has managed to tackle the issue of domestic violence, particularly violence against women. It provides an overview of the major causes of domestic violence against women in Saudi Arabia, presents some cases of domestic violence before Saudi courts and sheds some light on the measures taken by the Saudi government to combat domestic violence against women. It also tackles this issue both in the international and domestic legal frameworks, clearly stating the Islamic standpoint on the issue, namely that Islamic law, and Saudi Arabia for that matter, whose laws are essentially derived from the two main sources of Shari’ah. It also discusses the common forms of violence against women in Saudi Arabia and suggests a number of recommendations towards more effective protection of women against violence in the country.
The dissertation concludes by presenting a number of obstacles in the way of executing judicial decisions in the Kingdom as well as the obstacles which negatively affect the performance of the new code of law practice. It also presents some recommendations concerning personal status law obstacles and hindrances to progress and attempts to answer the research questions it has posed
Katalog manuskrip Kyai Khalil Abu 'Ammar
No full textKatalog Manuskrip Kyai Khalil Abu 'Ammar ini adalah sebuah buku yang mengetengahkan usaha bersepadu dalam mendokumentasikan, mengkatalogkan, dan mendigitalkan manuskrip peninggalan ulama besar Nusantara, Kyai Khalil Abu 'Ammar. Melalui pendekatan sistematik, buku ini membincangkan kepentingan pemeliharaan khazanah intelektual ini sebagai warisan budaya yang berharga, serta mendedahkan kaedah moden yang diaplikasikan untuk memastikan kelestarian dan aksesibiliti manuskrip ini kepada generasi akan datang. Karya ini menjadi rujukan penting bagi penyelidik, akademik, dan peminat sejarah Islam di rantau Nusantara dalam usaha memahami dan menghargai sumbangan ulama terdahulu terhadap keilmuan dan peradaban
Intoxication and self-defence : a comparative study of principles of English law and Shari'ah
No full textThe study is based upon an analysis of the general principles of criminal liability in English law and Shari 'ah. It is hoped that it may provide a valid basis for discussion of the future development of criminal law.
The relationship between law and society is an organic one and this relationship in Shari'ah is based on revelatory text of precepts, law, and admonitions. Shari'ah is an
essential part of faith of every Muslim; a sound knowledge of its principles not only gives him a sense of inner fulfilment but enables him to order his life according to the dictates of his religion. On the other hand, in English law, religious beliefs and private morality might be viewed as not a matter for law. Religion is in that context generally conceived as a spiritual sphere of supra-human connotation distinct from law, which is basically a secular concern.
Both the systems of law under consideration are different in their sources and nature. English law, being a positive law, finds its source in legislation and other recognised
sources. Shari 'ah is a divine ordinance imposed upon people without having a freedom of choice and it has its roots in its primary sources, the Holy Qur'an, and the Sunnah.
However, the revelatory nature of Shari'ah does not render it entirely inflexible and immutable. The finality of authoritative legal texts is confined only to a limited number of injunctions in the primary sources. The secondary sources provide flexibility to meet the changing requirements of society. A legal system should strike a fair balance between flexibility and inflexibility of legal rules. A very flexible system of law may lead to inconsistencies, illogicalities and at the same time may be subject to abuse by judges while a rigid system, which leaves no room for judicial discretion is likely to
lead to injustice in certain cases. It is submitted that the very flexible nature of English law has left it full of inconsistencies and illogicalities, despite the appropriate use of judicial discretion.
The research offers a general view of modern thinking about the theoretical foundations and methodology of Shari'ah Shari 'ah recognises a variety of sources and methods from which a rule of law might be derived. Part-I of the thesis discusses the evolving principles of Islamic jurisprudence from their rudimentary sources. The specific relationship between socio-religious reality and the production of theoretical legal discourse is illustrated in Part-11 and III while dealing with the problem of intoxication
and private defence in society. It suggests that Shari'ah provides a framework in which the complex and sometimes competing needs of an individual and society can be fairly
apportioned.
The research will demonstrate that there is a well developed system of criminal law in Shari'ah that can be compared with the most developed and civilised criminal law of the contemporary world, for example, English criminal law. In order to compare the compatibility of both the legal systems, the approaches of both towards the problems of intoxication and self-defence have been taken as a parameter. Though Shari 'ah provisions seem to be predominantly prescriptive as compared to English criminal law, the comparison will show that it can provide practical solutions to problems faced by human society of any age. Shari 'ah being a revealed law is proactive in its nature. It takes action to cause changes and not only react to a change when it happens. This particular feature can be felt while dealing with the problem of intoxication. English
criminal law, on the other hand, being a positive law bears the characteristics of a reactive law. It reacts to events or changes rather than acting first to cause change or
prevent something. Another major difference between the two legal systems might be that English criminal law has passed through many evolutionary phases and reached at the present stage through the efforts of the political power and the state; whereas, Muslim states and governments throughout the centuries neither had a hand in the development of Islamic jurisprudence nor in the training and certification of jurists or jurisconsults whose task it was to formulate the law.
History suggests that using the combined forces of religion, morality and law Shari'ah has effectively eradicated social evils and created a peaceful environment for human coexistence, where every one can enjoy his rights without a fear of infringement by the others. In cases of infringement of such rights, the offender shall be liable to severe punishments. The principles of criminal liability are on a par with the corresponding principles of the English criminal law. While protecting the rights of the victim of the crime, Shari'ah does not ignore the rights of the offender for fair trail, impartial justice and liability for punishment proportional to the offence committed by him. At the same time it recognises excuse and justification defences under appropriate circumstances, as
it will be evident while comparing the defences of intoxication and self-defence with the same in English criminal law.
The study reveals that there are similarities and differences between English law and Shari'ah when considering the issue of crime and criminal liability. However, this may be considered as normal phenomenon of comparing any two different legal systems. The differences can be attributed to their sources, origin, history and nature of the social values to be protected. Similarities can be ascribed to zeal for social justice and stability.
The study of differences and similarities will provide an opportunity to illuminate our understanding of law and the process of its development. As both the systems have their
own methodology to tackle legal issues, a different approach to the similar problem will provide a fresh insight leading to revitalised solutions. It will also be helpful to understand the methodology and the legal reasoning of both the systems leading towards a better understanding of law in general and at the same time providing efficient means for improvement
Mawahibal-jalil li syarh mukhtashar khalil, 2, 1st.ed./ Abi Abdullah Muhammad bin Muhammad bin Abd ar-Rahman al-Maghribi
No full text599 hal.; 25 cm
Mawahib al-Jalil Li Syarh Mukhtasar Khalil VI, 1st.ed./ Abi Abdullah Muhammad bin Muhammad bin Abd ar-Rahman al-Maaghribi
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Mawahibal-jalil li syarh mukhtashar khalil, 8, 1st.ed./ Abi Abdullah Muhammad bin Muhammad bin Abd ar-Rahman al-Maghribi
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Mawahib al-Jalil li syarh mukhtashar khalil V/ Abi Abdullah Muhammad bin Muhammad bin Abd ar-Rahman al-Maghribi
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Mawahibal-jalil li syarh mukhtashar khalil, 4, 1st.ed./ Abi Abdullah Muhammad bin Muhammad bin Abd ar-Rahman al-Maghribi
No full text610 hal.; 25 cm
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