38,344 research outputs found
Kedudukan Ahli Waris Pengganti Dalam Hukum Waris Islam
AbstrakHukum Waris Islam disebut juga Hukum Faraidz, yang bersumber kepada al Quran dan hadist. Bagi setiap muslim tidak terkecuali apakah dia laki – laki atau perempuan yang tidak mengerti hukum waris Islam, maka wajib baginya untuk mempelajari hukum waris Islam. Dan sebaliknya, siapa yang telah memahami hukum waris Islam, berkewajiban pula untuk mengajarkannya kepada orang lain. Dalam mengerjakan pembagian harta warisan menurut hukum waris Islam, harus melalui tahapan – tahapan yang benar. Apabila tahapan – tahapannya telah benar, maka bagaimana pun rumitnya akan dapat segera diselesaikan. Penulis berpendapat, ketentuan tentang harta warisan yang terdapat di dalam Al Quran dan hadist adalah ketentuan hukum yang bersifat memaksa, dan karenanya wajib bagi setiap pribadi muslim untuk melaksanakannya. Topik yang penulis angkat adalah tentang kedudukan pewaris pengganti. Kasus yang terjadi seorang perempuan meninggal dunia sebelum harta peninggalan orang tuanya di bagi. Oleh karena itu anak perempuannya mengajukan gugatan ke Pengadilan Agama untuk menuntut hak ibunya. Menurut Kompilasi Hukum Islam Pasal 178 ayat 2, pasal 181,182 dan pasal 185 KHI mengatakan ahli waris pengganti dibatasi pada ahli waris berdasarkan hubungan darah dalam keturunan garis lurus kebawah hingga derajat cucu, dan ahli waris laki – laki dapat diduduki baik oleh anak laki – laki maupun perempuan. Maka majelis Hakim menetapkan bagian ahli waris M.Nur Syafii dan Umi Kalsum sebagai berikut : 1. Nur Syahril (anak laki –laki) mendapat 2/7 bagian; 2. Nur Syahrul (anak laki –laki) mendapat 2/7 bagian; 3. Nur Syahruddin (anak laki – laki) mendapat 2/7 bagian. 4.Tengku Deka Sari (cucu dari anak perempuan/ahli waris pengganti) mendapat 1/7 bagian.Kata Kunci : Hukum Waris Islam, Ahli Waris Pengganti AbstractIslamic Inheritance Law is also called Faraidz Law, which is sourced from the Koran and Hadith. For every Muslim, whether he is a man or a woman who does not understand Islamic inheritance law, it is obligatory for him to study Islamic inheritance law. And conversely, who has understood Islamic inheritance law, is also obliged to teach it to others. In doing the division of inheritance according to Islamic inheritance law, must go through the right stages. If the stages have been correct, then no matter how complicated it will be resolved immediately. The author is of the opinion that the provisions regarding inheritance contained in the Qur'an and hadith are legal provisions that are coercive, and therefore obligatory for every Muslim individual to implement them. The topic that the author raises is about the position of the successor heir. The case that a woman died before the inheritance of her parents was divided. Therefore, her daughter filed a lawsuit to the Religious Court to claim her mother's rights. According to the Compilation of Islamic Law Article 178 paragraph 2, Article 181.182 and Article 185 of the KHI, it is stated that substitute heirs are limited to heirs based on blood relations in straight line descent to the degree of grandchildren, and male heirs can be occupied by both sons and daughters. woman. So the panel of judges determined the share of the heirs of M. Nur Syafii and Umi Kalsum as follows: 1. Nur Syahril (boy) gets 2/7 shares; 2. Nur Syahrul (boy) gets 2/7 shares; 3. Nur Syahruddin (boy) gets 2/7 shares. 4. Tengku Deka Sari (grandson of daughter/substitute heir) gets 1/7 share.Keywords: Islamic Inheritance Law, Substitute Hei
Conversion of African Americans to Islam : a sociological analysis of the Nation of Islam and associated groups
'Conversion of African Americans to Islam: A Sociological Analysis of the Nation of
Islam Associated groups' is an empirical study of the religious experience of people
who had/have distinctive features in terms of race, ethnicity and historical experience.
The purpose of this thesis is to demonstrate how African Americans' (AAs) conversion
experience in general, and the Nation of Islam associated groups' conversion in
particular, differ from the studies of recruitment and conversion in the sociology of
religion and New Religion Movements (NRMs). More specifically, their recruitment
and conversion experiences to Islam diverge from those who converted to mainstream
Islam. The study investigates how AAs' historical experience, soci-economic
difficulties and the racism they encountered shaped and influenced their religious
understanding.
Research methods involved participant observations, a survey questionnaire, interviews,
conversations, personal communications and correspondence. To collect ethnographic
data eleven months field research was conducted mainly in the Chicago area and on two
short visits to Detroit, and three years continued communications with Muslim officials
and academics in the area. During the field research and afterwards through personal
communication 181 survey questionnaire responses were received, and 23 Muslim
officials, academics and ordinary Muslims were interviewed through semi-structured,
unstructured interviews, conversation and correspondence.
The thesis begins with a brief history of Islam and Muslims in general and the African
American Muslims (AAMs) in particular. More emphasis is given on the historical
development of the Nation of Islam (NOl). Then in Chapter III, discussions of schisms
in the history of the NOT are examined from sociological perspectives of social and
religious movements. In Chapter IV I aimed to formulate my own perspective to
analyse and study the conversion experiences of AAMs to Islam. I used a multivariate
approach, considering selectively widely held conversion and recruitment theories in the
sociology of the religion. I consider in Chapter V the predisposing conditions for AAMs
that influence their decision-making to join in the NOT, for example, political and
nationalistic sentiments and socio-economic deprivations. In Chapter VI I have applied
different terms to describe their religious experiences, such as conversion, alteration and
reversion. I have analysed further their encounters with the NOT, the methods of
recruitment they used and their major motives for joining the NOT and converting to
Tslam. In the concluding chapters (Chapter VII VTTT) I describe the different responses
of AAMS to Islam following the death of Elijah Muhammad. It is found out that the
Islamic appeal has polarised. While Farakhan's NOT appeared to continue the tradition
and style of the old NOI with the emphasis on nationalistic and socio-economic factors,
Tmam W. D. Mohammed's community turned more to the religious and spiritual aspects
of Tslam. These different approaches led to a polarisation of the appeal of Tslam to
AAMS.
This thesis contributes to knowledge in four key areas; the sociology of religion and
religious movements, the sociology of social and nationalistic movements, religious and
Islamic studies
Der Islam im Westen - der Westen im Islam / Peter Graf (Hg.)
Der vorliegende Band umfasst vor allem Beiträge, die auf der Internationalen Fachkonferenz "Der Islam im Westen, der Westen im Islam" vom 28.10.-1.11.2002 an der Universität Osnabrück gehalten wurden.Positionen zur religiös-ethischen Erziehung von Muslimen1 Illustratio
The Concept of Land Ownership in Islam and Poverty Alleviation in Pakistan
Land ownership—in its ethico-legal and historical manifestations, reflects the importance of being a politico-economic institution. In the process of its development, it includes various heterogeneous elements of different systems of ownership. With the growth of the Ummah, the principles of laws of ownership represent and embody the relations, rights and duties to form the general law of obligations at the state as well as individual level. This is the case of economic and legal theory, regarding the ownership of land with implicative infrastructure to build social welfare institutions of Islam. It is generally and basically have been ordained that according to the teachings of Islam, Real ownership belongs to Allah Almighty. Man being the vicegerent holds property in trust for which he is accountable to him in accordance with the clearly laid down economic philosophy of Islam. Ownership of man is a concept alien to Islam as it belongs to Allah Almighty only.
Islam and Muslim Identities in Four Contemporary British Novels
The aim of the dissertation is to explore how Islam is depicted and Muslim identities are constructed in four representative works of contemporary British fiction: Hanif Kureishi’s The Black Album, Monica Ali’s Brick Lane, Fadia Faqir’s My Name is Salma, and Leila Aboulela’s Minaret. Salman Rushdie’s The Satanic Verses is also discussed in terms of its crucial role in fostering what some Muslims might consider polemical and stereotypical positions in writing about Islam. The term ‘Islamic postcolonialism’ provides the theoretical underpinning to the thesis. Islamic postcolonialism is a theoretical perspective that combines two components which have up until now existed in a state of tension. As a secular theory, postcolonialism has notably failed to account for Muslim priorities; it has, for instance, had severe problems critiquing the anti-Islam polemics of The Satanic Verses, as is evidenced by Edward Said’s support for Rushdie, in spite of his criticism of the stereotypical representation of Islam and Muslims in the West. Islamic postcolonialism applies the anti-colonial resistant methodology of postcolonialism from a Muslim perspective, exploring the continuance of colonial discourse in part of the contemporary western writing about Islam and Muslims.
Applying Islamic postcolonialism to the novels in question, the thesis tests the following questions: 1. How are Islam and Muslims depicted in the novels discussed? 2. Is the depiction of Islam similar to, and if so in what ways, its depiction in the literature of the colonial period? 3. Is there a connection between the writer’s personal
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religious commitment and the image of Islam and Muslims he/she inscribes in the novel? The four novels are then classified according to three categories: Hanif Kureishi’s The Black Album and Monica Ali’s Brick Lane depict Islam and Muslims stereotypically, from a partially colonial perspective. Secondly, Fadia Faqir’s My Name is Salma adopts a mixed colonial and postcolonial depiction of Islam and Muslims. While it depicts the centrality of Islam in a Muslim society (Hima, Jordan) stereotypically, the novel appears more sympathetic in imaging Islam in England under the conditions of the personal and the marginal. Thirdly, Leila Aboulela’s novel Minaret is the one text that complies with an Islamic postcolonial perspective. The failure of secularism and re-emergence of Islam in the Arab world is, Waïl Hassan contends, the background to the achievement of Aboulela’s fiction. Her image of Islam and Muslims is unique in British fiction as it provides a new depiction of these categories from the standpoint of a more authentic Muslim voice. Minaret, it is argued, is an Islamic postcolonial novel both because it celebrates Islam, and because Najwa adopts Islam as her first identity in metropolitan London, which once represented the colonial centre from which her native Sudan was colonised
MODERASI ISLAM DI INDONESIA
Islamic moderation is a hot topic that is always discussed in Indonesia. Many things that mingle are still contradicted. Therefore, herein lies the importance of understanding the moderation of Islam in Indonesia by using research types of literature. In the results it is concluded that Islamic moderation is a form of middle ground without disputing. The history of Islamic moderation cannot be separated from historical figures such as Wali Songo who spread Islam without coercion and still maintain tolerance both religiously and culturally This paper aims to find out about Islamic moderation in Indonesia, as a manifestation of the development of moderate Islam in the era of globalization. Then the author will also explain about: (1) Understanding Moderation in Islam, (2) History of the Development of Islamic Moderation in Indonesia, (3) Figures and Thoughts on Islamic Moderation in Indonesia, (4) Forms of Islamic Moderation in Indonesia. At the end of this paper, the author will also conclude that the relevance of Islam in Indonesia has the concept of Nusantara Islam in which there is tolerance for differences, appreciation that has been made since the beginning, progress with the times, and freedom in decision making in Islamic law
Şevkânî’nin nakilleri üzerine bir mütalaa (Neylü’l-evtâr’ınbuyû ve nikâh bahisleri özelinde hanefî mezhebine atfedilen görüşlerin tahkiki)
Çalışmada özetle Muhammed b. Alî eş-Şevkânî’nin (v.1250/1834) ahkâm hadîslerini tahlil eden Neylü’l-evtâr isimli kitabındaHanefî mezhebine dair nakledilen kimi görüşlerin mezhep literatüründeki ifadelerle tam anlamıyla örtüşmediği belirlenmiştir
POKEDIS (PODCAST LEADERSHIP IN ISLAM) AS EDUCATION MEDIA ABOUT LEADERSHIP IN ISLAM FOR STUDENTS
Leaders according to Islam are very close to the figure of the Prophet Muhammad SAW who is a role model for Muslims. Leadership in Islam aims to show the way to Allah SWT and achieve His pleasure. As a leader, we must have 4 mandatory characteristics for the Apostle that we can emulate, including Siddiq, Amanah, Tabligh and Fathanah. In addition, a leader who should also have Islamic leadership qualities, namely fair, istiqamah, open and visionary. Many leaders do not imitate the Prophets and Apostles, especially among students. Therefore, the author conducted research on how the product that the author developed could educate students about leadership in Islam. The author's purpose is to find out how to design educational podcast media about Islamic leadership and find out podcast media products for education about Islamic leadership for students. In this study, the author uses a Design and Development (D&D) model research methodology using the ADDIE research procedure (Analyze, Design, Development, Implementation, and Evaluation) where researchers will design, develop and develop a product that has been developed, namely a podcast entitled "POKEDIS (Podcast Leadership in Islam). The results of the assessment of 55 student respondents that the POKEDIS product was highly accepted as a medium of education about leadership in Islam by 63.6% and several other students stated that it was acceptable with a score of 30.9%. So that the POKEDIS product that the author developed can be accepted as an educational medium about leadership in Islam.
Pemimpin menurut Islam sangat erat kaitannya dengan sosok Nabi Muhammad SAW yang merupakan suri tauladan bagi umat muslim. Kepemimpinan dalam Islam bertujuan untuk menunjukkan jalan kepada Allah SWT dan mencapai ridha-Nya. Sebagai seorang pemimpin haruslah memiliki 4 sifat wajib bagi Rasul yang bisa kita teladani diantaranya Siddiq, Amanah, Tabligh dan Fathanah. Selain itu, pemimpin yang semestinya juga memiliki sifat-sifat kepemimpinan Islami yaitu adil, istiqamah, terbuka dan visioner. Banyak pemimpin yang tidak meneladani para Nabi dan Rasul terutama di kalangan mahasiswa. Maka dari itu, penulis melakukan penelitian tentang bagaimana produk yang penulis kembangkan bisa mengedukasi mahasiswa mengenai kepemimpinan dalam Islam. Tujuan penulis yaitu untuk mengetahui bagaimana desain media podcast edukasi mengenai kepemimpinan Islam dan mengetahui produk media podcast untuk edukasi mengenai kepemimpinan Islam bagi kalangan mahasiswa. Dalam penelitian ini, penulis menggunakan metodologi penelitian model Design and Development (D&D) dengan menggunakan prosedur penelitian ADDIE (Analyze, Design, Development, Implementation, and Evaluation) dimana peneliti akan merancang, mengembangkan dan mengevaluasi produk yang telah dikembangkan yaitu podcast yang berjudul “POKEDIS” (Podcast Kepemimpinan dalam Islam). Hasil penilaian dari 55 responden mahasiswa bahwa produk POKEDIS sangat diterima sebagai media pendidikan tentang kepemimpinan dalam Islam sebesar 63,6% dan beberapa mahasiswa lainnya menyatakan dapat diterima dengan skor 30,9%. Sehingga produk POKEDIS yang penulis kembangkan dapat diterima sebagai media edukasi mengenai kepemimpinan dalam Islam
Intellectual property laws and Islam in Malaysia.
PhDThis study is undertaken on the premise that Islam and Islamic law is to be taken into
serious consideration in any future legislative reform of laws in Malaysia. Islam being
the religion of the country and the strong religious sentiment of the Muslims (who
form the majority in Malaysia) cannot be overlooked or dismissed lightly by the
legislators in Malaysia. Reformation of intellectual property laws is timely, as we are
now approaching to the dateline set by GATF-Trips agreement which aim is to
improve our standard of intellectual property protection. This study seeks to analyze
and evaluate the current legislation pertaining to intellectual property in Malaysia in
terms of the philosophy and rules governing the existence, ownership and exercise of
these rights and their consistency and inconsistency with Islam and Islamic law. The
main objective of this study is to prove that a coherent and logical conceptual
framework of ownership of intellectual property can be derived from an Islamic
perspective which not only offers the basis of rights but also defines the scope of
these rights. From the point of ownership of rights, support can be obtained from the
normative framework of property rights within the traditional classification of 'mal'
(property) and 'haqq al-milkiyyah' (ownership rights) under Islamic law. From the
point of exercise of rights, the exact scope can be defined from the analysis of
fundamental concepts which have been developed by Muslim jurists. It has been
established that Islam and Islamic law offers a sound and systematic paradigm, which
in deeper analysis, can satisfy both our current obligations under international
treatises, as well as our responsibility to practise our religion to the fullest
Bradford's Muslim communities and the reproduction and representation of Islam
This thesis studies the creation of Bradford's Muslim communities, in particular the impact of migration on Islamic identity. To this end it begins by mapping the contours of Islamic expression in South Asia, especially the development of distinct maslak, discrete schools
of Islamic thought and practice. These were, in part, a response to the imposition of British imperialism in India. The settlers from South Asia also came from a variety of areas, with their own histories, regional languages and cultures. The ethos and character of Islam, which is shared by different sects, is studied unselfconsciously at work in the establishment of Muslim communities in Bradford, generating separate residential zones and a network of
businesses and institutions, religious and cultural, developed to service their specific needs. The leadership, resources and ethos which the different maslak could draw on, and the institutions they created to reproduce the Islamic tradition in the city are explored and the extent to which these connect with the new cultural and
linguistic world of young British Muslims. Attention is then focused on the education, status, functions and influence of the 'ulama, critical carriers of the Islamic tradition in this new context. The role of the Bradford Council for Mosques is examined both as a bearer
of the Islamic impulse to unity, transcending the regional,
linguistic and sectarian differences, and as an emerging authority, locally and nationally. The study concludes by exploring the challenges facing Muslims - youth, gender, intellectual tradition, and da'wa, invitation to Islam - as British expressions of Islam struggle to birth
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