Digital Commons Network^™

A Systematic Review Of Mathematical Interpretations Of The Weton Marriage Tradition Within Islamic Cultural Contexts, Ratna Damayanti, Surya Sari Faradiba

Jurnal Pendidikan Sains

This study is grounded in the limited integration of mathematics, culture, and religion within academic discussions of local traditions, particularly the weton marriage calculation practice. It aims to explore the mathematical concepts embedded in weton calculations and to analyse these practices from an Islamic law perspective within an interdisciplinary framework. The study employs a Systematic Literature Review (SLR) method following the six-stage PRISMA 2020 protocol, including the formulation of research questions, development of a search strategy, application of inclusion and exclusion criteria, study selection, quality assessment, and thematic synthesis. Data were collected from Google Scholar and Garuda using the keywords …

Islamic Law Without Legal Authority: Sharia And State Governance In Kazakhstan, Duman Saifullin, Temur Amankul, Laura Toktarbekova, Erkinbek Daken

Occasional Papers on Religion in Eastern Europe

This article examines the role and status of Islamic law (Sharia) in Kazakhstan, a Muslim-majority country that has consistently maintained a strictly secular legal order. The background of the study is grounded in the apparent paradox between Kazakhstan’s Islamic historical heritage and the complete absence of Sharia from its formal legal system. The objective of the research is to explain how and why Islamic law has remained confined to private, moral, and ritual domains while being excluded from state legislation and judicial practice. Methodologically, the article employs a qualitative legal-sociological and historical approach, combining analysis of constitutional norms, legal regulations, …

Assessing Universal Basic Income: An Islamic Historical And Maqāṣidī Perspective, Abdulazeem Abozaid, Saqib Hafiz Khateeb

Journal of King Abdulaziz University: Islamic Economics

The constant concern for ensuring that the basic needs of every human are met has prompted various steps with an aim to promote equality. This concern has eventually led to an increasing demand to guarantee a reasonable standard of living. Some economists have recently revisited the concept of Universal Basic Income (UBI) that has caught the interest of some governments and policy makers. This paper investigates the concept of UBI from historical, legal (Islamic), and Maqāṣidī perspectives. It traces the conceptual origins of UBI back to the Islamic society since the early Islamic history. Adopting a conceptual–analytical methodology, the paper …

1340–1345: Ibn Qayyim Al-Ǧawziyya On The Question Of Permanent Truce, Suleiman A. Mourad

Middle East Studies: Faculty Publications

This article analyses Ibn Qayyim al-Ǧawziyya’s discussion of permanent truce (al-hudna al-muṭlaqa) in his “Legal Judgements about the People of Protected Status” (Aḥkām ahl al-ḏimma). Focusing on Ibn al-Qayyim’s method and arguments, the article examines the content of a relevant section from the work, situating it within the broader discussion of “truce” in the Sunnī legal tradition. Ibn al-Qayyim manages to ground permanent truce in the Prophetic tradition. Both his argument and its justification do not conform to anything we find in Sunnī law, including Ibn al-Qayyim’s own Ḥanbalī school. The article thus underscores the creativity …

Marriage Governance In Kyrgyzstan: Convergence And Divergence Between Secular Law, Islamic Norms, And Customary Practices, Aisuluu Adylbekkyzy, Zailabidin Azhimamatov, Aiitmamat Kariev

Occasional Papers on Religion in Eastern Europe

Marriage governance in Kyrgyzstan is shaped by the coexistence of secular law, Islamic norms, and customary law), creating a plural legal environment in which multiple sources of authority regulate family relations. This study examines how these normative systems interact in the governance of marriage, identifies areas of convergence and divergence, and explores their implications for legal legitimacy and family regulation. Employing a qualitative socio-legal methodology grounded in legal pluralism theory, the research draws on documentary and comparative analysis of legal texts, Islamic sources, official religious guidance, and relevant scholarly literature. The findings demonstrate that marriage governance in Kyrgyzstan operates through …

New Issues In Temporary Muslim Endowments (Waqf), Moath Alnaief, Kotb Rissouni, Reda Ibrahim Abdelgalil, Maryam Almansoori

All Works

Purpose — This study aims to discuss several examples of temporary Islamic endowments (waqfs) in the modern period, arguing that jurists and Muslim endowment managers should utilise them more widely to adjust to current societal circumstances and open the door for new ways of caring for those in need. Design/Methodology/Approach — It employed textual analysis of legal opinions related to temporary waqfs, outlining the positions of scholars on both sides of the issue, including a presentation and analysis of their evidence. Findings — The research findings show that temporary waqfs are an essential means of renewable and sustainable economic support, …

The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh

Theses and Dissertations

This thesis studied the history of the school of sharīʿa judges (1907-1927) as an essential episode of the reform of Sharīʿa courts in Egypt in the early 20th century. The thesis studied the school in connection with the broader context of legal modernization of the Egyptian legal system. The study explored the institutional, pedagogical, and legal aspects of the reform that the school advocated. The study analyzed the impact of the school’s pedagogy on the practice of the Islamic judiciary and the theoretical conception of Sharīʿa. The study used a significant yet understudied historical source: the judicial press. A comparative …

The Death Penalty In The New Omani Penal Code Passed By Royal Decree 7/2018 From Shariah Perspective: An Analytical Study / Malak Sultan Mohamed Alhabsi, Mohamed Alhabsi Malak Sultan

Student Works (2020-2029)

The problem of the study is summed up in the legislation of the capital punishment in the new Omani Penal Code enacted by the Royal Decree (7/2018), despite the wide intellectual controversy stirred by the capital punishment (death penalty) because of the call of human rights organizations and many jurisprudents and jurists for the need to prevent the capital punishment. The study adopted the inductive methodology, and the analytical methodology. The study aimed to know what the capital punishment is, its legitimacy and the wisdom behind it in Islam, clarify the amendments to the new Omani Penal Code, identify its …

Adhkār And Aḥzāb In Islamic Thought And Practice: Invocation And Devotion In Egypt Thirteenth-Fifteenth Centuries, Mariam Ghorab

Theses and Dissertations

This thesis examines discourses around duʿāʾ in the disciplines of ḥadīth, Islamic Law, and Sufism during the thirteenth to fifteenth century Egypt. I argue that duʿāʾ shaped Muslim daily life and solidified a community of prayer. Invocations generated a discursive tradition and social organization that allows us to document the experience of this praying public. Prayer was at the heart of daily life, and its significance to Muslim devotion made it the subject of commentaries that analysed its language and its embodiment. Works of ḥadīth archived the plethora of duʿāʾ’s material. Its various manifestations warranted a thorough legal investigation in …

The Saudi Judge's Discretion In Liquidated Damage Clauses: An Applied Analytical Study In Light Of Islamic Sharia Law, Salman Mufleh R. Al-Kahtani

Maurer Theses and Dissertations

This dissertation studies the treatment by Saudi judges under Islamic Sharia law of liquidated damages clauses in contracts, a critical part of modern commercial transactions.

After introducing the basic and secondary sources of Islamic law and discussing the current treatment of the liquidated damages clause by Saudi judges according to general Islamic rules and the four jurisprudence schools, this dissertation demonstrates that Saudi judges have broad discretion in applying jurisprudence rules, particularly Hanbali jurisprudence, the applicable jurisprudence in the Saudi courts.

Numerous interpretations of the same jurisprudential rule exist, resulting in multiple judicial rulings for the same jurisprudential rule. Among …

A Critical Analysis Of The Claim That Absolute Juristic Interpretation (Ijtihād) Has, Moath Alnaief, Kotb Rissouni

All Works

This article critically analyzes the dominant opinion prevailing regarding the foundation of Islamic jurisprudence (uṣūl al-fiqh) which states that absolute independent juristic interpretation (al-ijtihād al-muṭlaq al-mustaqill) is no longer possible. Therefore, based on the belief that this level of interpretation requires the creation of a unique method for deriving legal rules (istinbāṭ), a method that arguably ended with the founders of the primary schools of law. This research inspects a new interpretive method which was not developed by late scholars. Consequently, the article uses legal reasoning as an interpretive method to criticize the previous opinions regarding Islamic Jurisprudence by using …

Punishment For The One Who ‎Betrays Trust ( Jahed Al-Aaryah) ‎Between The Punishment And ‎Discretion, Adnan Smadi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This essay treats a subject of great importance. It is denial of borrowed objects, namely an ‎object lended to others to use it without spoiling, then obsecuring it. A sequence to such ‎abehaviour is the creation of doubt among people and it also causes the relations and the ‎good deeds to be cut among people. Hence, Islam legislated apenalty to such aconduct in ‎order to stop it. As scholars (Fukaha) were different for the estimation of the penalty to this ‎type of state, the subject is needed to be in restighted to put the foundations to this state and ‎to …

The Catalyst For Contemporary Jihad: The Religious Leaders And Their Strategies, Ronnie Dewitt

Interdisciplinary Studies

This dissertation provides insight in the methodologies utilized by leaders of jihadist terrorist organizations who create a dedicated following in their pursuit of establishing a global caliphate. The research in this project illustrates a linkage from these charismatic leaders to the sacred edicts of the Koran, the Hadith, the Sunna, Sharia (Islamic jurisprudence), and the prophet Muhammad. Moreover, it bears out a unique perspective in academic national security studies which delves deeper than similar published works regarding subject matter focused on both violent and stealth jihad (also known as the non-violent usurpation of non-Islamic cultures). These subjects are discussed in …

Islamic Jurisdiction Over Moslems In Non-Islamic Countries, Othman Jumaa Dhamiriya

UAEU Law Journal

The relationship between Muslims and Non Muslims increased in social, economic, and political spheres in the non-Islamic counties, especially after emigration of the Muslims there. Different issues appeared, some of which dealt with foreign relationship, and others with the limits of jurisdiction of Islamic state over the behavior of Muslims in Non-Islamic country. The Muslim jurists had discussed these matters before the positive law did under the title :( Dispute laws), and knew the proper rules that fit the matters.

The research concluded with the notion that the bases are the limitation of jurisdiction of Muslims state, and the submission …

Owls In Islam And Pakistan: Loopholes And Suggestions For Conservation And Management Of This Highly Ecologically Important Niche, Mubasher Hussain, Jamil Akhtar

Journal of Bioresource Management

Due to their vital ecological significance, owls drew the attention of several groups working on wildlife protection and conservation management across the globe. Hence, certain legal provisions have been articulated in the wildlife protection acts of the advanced countries to ensure full legal protection of wildlife including owls. Although there are certain laws concerning the protection of wild life in Pakistan, the specific and consistent legal provisions are still required for owl’s full protection. This article highlights a dire need of the articulation of such provisions respecting the prohibition of owl hunting on several religious, legal and ecological grounds.

A Critical Analysis Of Dower (Mahr) In Theory And Practice In British India Through Court Records From 1800 To 1939, Sunil Tirkey

Theses and Dissertations

The colonial court records between 1800 to 1939 in India show the existence of excessive dower, which were usually paid at the dissolution of marriage to discourage divorce. Supporting this view of excessive dower as a useful device, Mitra Sharafi argues that inflated dower and divorce law protected Muslim women against instant divorce, making it too expensive for husbands to use it. Further, according to her, British judges enhanced women's rights to dower and divorce by pronouncing rulings in favour of a high amount of dower to protect the women against the one-sided authority of men to divorce. Contrary to …

‘Abd Al-Raḥmān B. ‘Amr Al-AwzāʿĪ [Book Review], Walid Ghali

Faculty & Staff Publications

No abstract provided.

The Legal Cause Of “Holding Value” And Its Impact On Islamic Provisions Regarding Virtual Currencies, Man Baker, Muhammed Semai

All Works

© 2020 by the authors. Licensee MDPI, Basel, Switzerland. This article discusses the Islamic juristic position of virtual currencies. In the classical period, jurists differed on the reason behind Islam’s prohibition of usury when dealing with precious metals and their derivatives, with the majority arguing that this is because they are considered to hold value (thamaniyya). The cause (illa) of “holding value” can therefore be applied through analogy (qiyās) to all things understood by the laity to hold value in any era. In the contemporary period, this cause can also be applied to virtual currencies such as Bitcoin if they …

الشبهات الواردة في زواج النبي صلى الله عليه وسلم من أم حبيبة وميمونة -رضي الله عنهما- والرّد عليها The Suspicions Around The Marriage Of The Prophet, May God’S Prayers And Peace Be Upon Him, To Umm Habibah And Maymouna, May God Be Pleased With Them, And Refuting These Suspicionsthe, Manal Al-Wadi, Sharaf Al-Qedha

Jordan Journal of Islamic Studies

This research is a Hadith critical study I was presented some of the problems and allegation in the wives of questions the prophet Muhammad of the Om Habiba and Maimouna in violation of the provisions of the legitimacy and the usual thing. Which was reported by some scholars and some contemporary of the Shiites and the owners of the mental school, Then I discussed these suspicions using opinions the views of the scholars and their answers of them, And then i was likely by scientific evidence, I then found these allegation, and it is baseless of health.

Sacralization And Traditionalization Of Personality Abu Khanifa In Mavarannahr, Raziya Matibaeva

The Light of Islam

The life and work of Numan ibn Sabit Abu Hanifa has been thoroughly investigated and is still being studied. In independent Uzbekistan, as well as in the East and the West, an objective study of its life has already been established. No less important is the study of his scientific spiritual heritage. This article is an attempt to solve this problem: to objectively, without praise and moral assessments, analyze his scientific work, the attitude of a number of Muhandis to him in the process of disseminating the doctrine.

In the Muslim world, interest in the personality of Abu Hanifa has …

The Legal And Social Aspect Of Transsexuality Among Muslims: A Study In Muslim Countries With Special Reference To Iran / Zahra Sarcheshmehpour, Sarcheshmehpour Zahra

Student Works (2010-2019)

This thesis aims to study the Islamic and jurisprudential perspectives of transsexuality in the contemporary age by scrutinizing the primary sources of Islamic law, analyzing the opinions of religious leaders and Muslim jurists from different Schools of thought such as Shiite and Sunni, as well as surviving different approaches of majority Muslim countries to this subject. Doctrinal methodology was used in this research and some interviews in the form of questionnaires as an empirical study were conducted to support it. The findings of this research revealed that gender identity disorder is considered as an inherent defect and abnormality by the …

Imprisonment For Insolvent Debtors In Egypt With Specific Reference To Al-Gharemoun Cases, Nivert Elsherif

Theses and Dissertations

Historically, handling debts was a major issue described in the Islamic legal realm and handling insolvent debtors is a category thereof. Recently, in the 21st century in Egypt, the numbers of incarcerated insolvent debtors has increased dramatically constituting one third of the Egyptian prison population. This paper addresses the legal developments relating to adjudication and imprisonment of debtors since the time of the prophet throughout the development of the Islamic legal jurists’ literature that supported practical solutions to debtors’ insolvencies. Investigation of middle age Egyptian and Ottoman court cases are incorporated to prove the success of the Islamic legal system …

Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar

West Virginia Law Review

No abstract provided.

Isu Semasa Terhadap Hubungan Sosial Dengan Non Muslim Di Malaysia Daripada Perspektif Hukum Islam / Khairul Azhar Meerangani, Azhar Meerangani Khairul

Student Works (2010-2019)

This study describes current issues in social relations between Muslims and non-Muslims in Malaysia according to Islamic law, focusing on issues that occurred after the 12th general election involving religious issues, social, legal and business. The aim of this study is to identify and analyze the issues that underlie the relationship between this two groups based on the rule of Islamic law. Three main methodologies have been applied in this study : Firstly, documents analysis methods for obtaining data pertaining to the rights of non-Muslim citizens of the Islamic perspective and the Federal Constitution. Secondly, current issues were identified through …

Analisis Fatwa Zakat Di Malaysia Dari Perspektif Maqasid Syariah / Azri Bhari, Bhari Azri

Student Works (2010-2019)

The nature of Islamic legal practice in Malaysia is well known for its adhering to the view of Shafie madhab in fiqh issues based on the historical background of the arrival of Islam in Malaysia and Islamic legal practice that have been adapted. Fatwa issued by the fatwa institution in Malaysia is evolving from time to time in accordance to the principles of Islamic law, which is flexible and accommodating the changing environment. In recent years, the development of Islamic legal practice shows the ultimate determination of fatwa especially on zakat are no longer bound to Shafie madhab. This shows …

War And Arm Conflict And Its Effect On The Human Rights In Islamic Law And International Law: A Comparative Study In Yemen Between 1980-2011m / Mohammed Ahmed Qasem Shaddad, Shaddad Mohammed Ahmed Qasem

Student Works (2010-2019)

This study aims to study and analyze the war and armed conflicts and their impact on human rights in Islamic and international law; The study also targeted the legality of war; pre-emptive war on terrorism; the main causes of the armed conflicts in Yemen and their impact on human rights; the ways to resolve disputes by peaceful means; and the responsibility of states and the media in fomenting wars; other objectives of the study include the unresolved issues within the concept of war and their legitimacy in Islamic and international laws. The researcher adopted an inductive approach as well as …

Does Shari’A Play A Role In Turkey?, Russell Powell

Pepperdine Law Review

An essay is presented in which the author explores the relationship of religious law with contemporary Turkey. Topics discussed include certain civil law supporting adoption of Sharia in Turkey, role of religious people in providing protection to religious freedom in Turkey, and role of traditional Kemalist secularism laiklik in distinguishing Turkey.

Financial Penalties In Islamic And Yemeni Laws And Their Judicial Applications / Abdo Abdullah Abdullah Saumaah, Abdo Abdullah Abdullah Saumaah

Student Works (2010-2019)

This study aims at analyzing the legitimacy of financial penalties in the scope of Shari’ah and Yemeni law. It is also to show the significance of financial penalties at a public and private level, highlight its contemporary types and forms, show the relevance of Shari’ah to Yemeni law, and to what extent they are linked in legitimizing financial penalties, as well as stating the aspects of agreement and disagreement between Shari’ah and Yemeni law in this regard. Moreover, it aims at studying and analyzing the rulings of the most prominent Yemeni courts relating to financial penalties, identifying whether these rulings …

Penyelesaian Kes Kemalangan Jalan Raya Menurut Undang-Undang Malaysia Dan Perundangan Islam: Kajian Perbandingan / Shahidra Abdul Khalil, Abdul Khalil Shahidra

Student Works (2010-2019)

The majority of negligence cases being adjudicated in the Malaysian courts are cases involving road accidents. The settlement process is being criticized by some analysts due to the fact that the litigation process is time consuming. Compensation payouts by insurance companies do not cover all kinds of victims. As a consequence, a proposal to amend the law has been suggested by some researchers including a renewal based on the no-fault liability scheme as practised by other countries. An amendment to the Civil Law Act 1956 has been done in order to improve some aspects in solving of cases. However, it …

Trusteeship Of An Endowment In Islamic Law: Theory And Practice, L. Haji Abdullah

Research Publications (2011 to 2015)

Endowment in Islamic Law known as waqf or habs. In classical Islamic law, the jurists defined waqf as to devote the property in charity or family benefits in which the power of administration of the property is at the hand of the appointed administrator known in the law as nazir or mutawalli or in modern legal term known as trustee. Based on some prophetic injunctions the classical jurists developed significantly the roles of the trustee, his rights and responsibilities. It is admitted that there are very few prophetic injunctions that can be traced back to the time of the Prophet …