Auswahl der wissenschaftlichen Literatur zum Thema „Causation (Islamic law)“
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Zeitschriftenartikel zum Thema "Causation (Islamic law)"
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Haris, Munawir. „Metodologi Penemuan Hukum Islam“. Ulumuna 16, Nr. 1 (30.06.2012): 1–20. http://dx.doi.org/10.20414/ujis.v16i1.187.
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Continuous dialogue between Islamic law and its context of space and time necessitates the emergence of various methods of invention of Islamic law. This paper aims to map the diversity of the methods under some categorizations. The authors found that, at least, there are three models of methods of Islamic law invention, namely linguistic interpretation, causation, and adjustment. All are so strong in their trend of textual understanding of Islamic law that they potentially bring out epistemological problem, such as the law construction which is too idealistic so that it be not applicable, or vice versa. In that context, Safi offers a method of law invention called “integrated” model which is discovery-oriented blending of textual (normative-textual) and contextual analysis (social-empirical), so that Islamic law does not lose its relevance in the context contemporary society today.
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Putri, Shabika Azzaria, Labitha Cetizta Irwanti und Ari Rahmat Elsad. „Legal Discovery in Islamic Perspective“. UNIFIKASI : Jurnal Ilmu Hukum 8, Nr. 1 (29.06.2021): 43–52. http://dx.doi.org/10.25134/unifikasi.v8i1.3848.
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In general, legal discovery refers to conducting legal searches when the statutory regulations are not regulated and are unclear. Legal discovery is not only based on the concept of positive law, but it also refers to Islamic concepts. This aims to find the law on an issue where the regulation is not yet regulated. Thus, inexistence and unclear issues in law become present and apparent. Legal discovery in Islamic concept is known as Ijtihad, an act and an effort to find, understand, and formulate Islamic Shari’ah ruling. Legal discovery in Islam is conducted using several methods including istinbat, interpretation, literal/linguistic, causation (ta’lili), and synchronization methodologies. Other methods of legal discovery are qiyas, istihsan, maslahah mursalah, istishhab, urf, mazhab shahabi which cannot be separated from the main sources of Islamic law, the Qur’an and hadith. Meanwhile, ra'yu and ijtihad are ways of thinking in understanding the Qur’an and hadith. These are to determine a problem where its nash has not been determined. The researchers employed library research in this study. The study examined the documents using secondary data and analyzed it using a qualitative method where the data are described in words, not numbers. In addition, the data collection is based on literature studies taken from books, journals, and internet sources related to legal discovery in the Islamic concept.
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Ali, Younis. „The Extent to Which the Fault Is Required as a Basic Element of the Tortious Liability in the Iraqi Civil Law: An Analytical Comparative Study“. International Journal of Law and Society 7, Nr. 1 (02.04.2024): 39–50. http://dx.doi.org/10.11648/j.ijls.20240701.16.
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The Author has done his utmost to draw distinctions between the Iraqi civil law No. (40) of 1951 from one hand and the Islamic jurisprudence, the English common law and some other Arab comparative laws. Although the Iraqi civil law is affected by the Islamic jurisprudence, and borrows the term of guaranteeing the harmful act from the juristic maxims of this jurisprudence. But it adopts impliedly the concept of the fault in the first paragraph of the article (186), by stipulating the willfulness or encroachment of both the perpetrator and the abettor. Thus confusing between the system of the guarantee and that of the liability. Unlike the Islamic jurisprudence which adopts the idea of guaranteeing the harmful act, and distinguishes obviously between the guaranteeing of the perpetrator and that of the abettor. Or between the act done directly by perpetration and indirectly by causation, and does not recognize the idea of the fault. As far as the English common law is concerned, it adopts the fault-based liability as a general principle, the same is true for the Egyptian civil law No. 131 of 1948. Whereas both the Jordanian Civil Law No. 43 of 1976, and the Federal civil transactions law No. 5 of 1985 of the United Arab Emirates adopt the idea of guaranteeing the harm rather than the fault. The problem of the research lies in the confusion, embarrassment and perplexity in the situation of the Iraqi civil law concerning the basic element of the fault in the tortious liability. Therefore the author tries hard to solve confusion, remove both the embarrassment and perplexity by analyzing the true situation of the Iraqi civil law towards this basic element, and comparing it with the Islamic jurisprudence, which is considered as its original historical source, by which it is highly affected. As well as the English common law, considered as the leading legal system within the Anglo-American legal system, and different from the civil law system, led by the French civil code, by which the Iraqi civil law is indirectly affected, through being affected by the Egyptian civil law. The author suggests some relevant recommendations, the most important of which is thedistinction between the system of the liability and that of guaranteeing the harmful act, and adopt the former in the case of the damage done by perpetration, and the latter in the case of the damage done by causation.
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Saadah, Nairi, M. Hasbi Umar und Ramlah. „HUKUM ISLAM DAN DINAMIKA SOSIAL “. Jurnal Indragiri Penelitian Multidisiplin 3, Nr. 1 (29.01.2023): 57–65. http://dx.doi.org/10.58707/jipm.v3i1.415.
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This research examines the renewal of contextual Islamic law discovery methods that function to answer the challenges of the times and social dynamics. As an initial step in the reconstruction of fiqh, this research seeks to explain a solution offered by fiqh methods, namely a unified approach to shari'ah and social inference. In simple terms, this method seeks to bridge and integrate textual (normative) and contextual (historical-empirical) approaches. The basic assumption is that this effort will be beneficial for alternative methods of discovering Islamic law in this multi-cultural and religious era. This research is a literature study (library research) using a juridical, historical, and philosophical approach to answer the problems above. This study concludes that there are three methods of ijtihad, namely bayani (linguistics), ta'lili (qiyasi: causation), and istislahi (teleological). These three are common methods used in discovering and forming fiqh civilizations from time to time. By bringing empirical reality into the analysis of legal findings, there will be little guarantee that Islamic law in Indonesia can appear more creative and alive in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement
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Wain, Alexander. „Malevolent Spirits, Noxious Vapours, and the Will of God“. ISLAMIC STUDIES 61, Nr. 4 (31.12.2022): 367–83. http://dx.doi.org/10.52541/isiri.v61i4.2538.
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This article describes Islam’s theological approach towards disease transmission. Modern commentators, including many conservative Muslims, argue that Islam is theologically predisposed to deny disease transmission, particularly in the context of the plague, instead framing illness as non-communicable. Whether an individual contracts a disease, they claim, is a consequence of Divine Will, as the originator of that disease in the first place. No room exists for lesser causative factors, like contagion. However, a review of Islamic scripture and the pre- and early modern Muslim responses to it across regions as diverse as North Africa and Southeast Asia reveals a far richer and more complex understanding. While several ḥadīths do ostensibly deny contagion, Muslim jurists and medical practitioners have, far from reading these as denials of disease transmission in all its forms, positioned such statements alongside other ḥadīths acknowledging the reality of that phenomenon. Utilizing the theological principle of secondary causation, they have imparted congruence to these statements, creating a theological space in which disease can be passed from one host to another without compromising the integrity of the Divine Will. The recent COVID-19 pandemic foregrounds the importance of re-discovering and re-emphasizing these interpretations, especially as small yet persistent groups of Muslims refuse vaccination in the belief that God alone can protect them from illness. Such views arguably misunderstand Islamic teachings.
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Mohd Shukri, Muhammad Hafiz, Ruzian Markom und Rahmah Ismail. „A REVIEW OF LEGAL PROBLEMS IN MALAYSIAN STRICT PRODUCT LIABILITY LAW – MAQASID SYARIAH AS A WAY FORWARD“. Journal of Nusantara Studies (JONUS) 5, Nr. 2 (25.06.2020): 239–60. http://dx.doi.org/10.24200/jonus.vol5iss2pp239-260.
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Background and Purpose: Consumers who suffer from injury or property damage due to the existence of a defect in a given product is entitled to bring a legal action in court based on product liability law provisions in Malaysia. This study aims to analyse the legal problems of strict civil liability in product liability law in Malaysia based on the Consumer Protection Act 1999 (Act 599) (hereinafter “CPA 1999”).
Methodology: By applying a doctrinal approach based on qualitative methodology of legal research, this study involved a thorough analysis of the CPA 1999 as well as previous court cases. The findings of this study were analysed using content analysis and critical analysis methods in order to record the similarities and differences which exist, as well as to draw conclusions on the meaning and application of the said law.
Findings: The findings prove that there are several weaknesses in the existing strict civil product liability provisions in Malaysia, which are still unresolved in terms of the meaning of product defect and proof of causation.
Contribution: This paper recommends that any improvements on the legal provisions for strict civil liability under product liability law in Malaysia to be evaluated from a different perspective based on Islamic principles of product liability and the theory of Maqasid Syariah, which has rarely been analysed.
Keywords: Causation, doctrinal, Maqasid Syariah, product liability, strict civil liability.
Cite as: Mohd Shukri, M. H., Ismail, R., & Markom, R. (2020). A review of legal problems in Malaysian strict product liability law – Maqasid Syariah as a way forward. Journal of Nusantara Studies, 5(2), 239-260. http://dx.doi.org/10.24200/jonus.vol5iss2pp239-260
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Rohana, Nada Putri, und Mustafid Mustafid. „KONSEP KEPERAWANAN TERHADAP PEMBATALAN PERKAWINAN TIJAUAN HUKUM ISLAM DAN FEMINISME“. Indonesian Journal of Shariah and Justice 1, Nr. 2 (29.12.2021): 61–87. http://dx.doi.org/10.46339/ijsj.v1i2.9.
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Virginity in fact has a variety of concepts, namely in Indonesia the concept of female virginity is that the blood membrane or hymen is still intact or a virgin concept in the presence of virgin blood. The concept is considered urgent in marriage so that it causes harassment which can disrupt the integrity and harmony of the household. The concept of virginity can be a syiqaq (disputes / disputes) so that stigma arises as reasons for canceling marriages. Regarding the cancellation of vulnerable marriages related to this issue is associated with KHI Article 72 paragraph (2), then about thereasons or reasons for divorce in KHI Article 116 letter f. This research shows that the concept of virginity undergoes a complex and sensitive evolution of law in social, cultural and religious life even in the household. The concept of virginity towards the annulment of marriage in the perspective of Islamic law and feminism presents causation, namely: (hifdz al-din) nurturing religion (by rectifying intentions in marriage and adding faith in oneself and soul to earnest in the purpose of marriage), (hifdz al-nafs ) nurturing oneself (the prohibition of approaching adultery,and the necessity of guarding the genitals and the view and prohibition of insulting the partner with allegations of dzolim), (hifdz al-nas / irdl) maintaining offspring and honor (by guarding and understanding the rules in marriage related to rights and obligations), (hifdz al-mal) preserves property (that the woman is jewelry, is clothing for the husband, vice versa, is the field for the husband, is the property and honor of the husband so that it must be safeguarded by disgrace), and (hifdz al -'aql) maintains the mind (the necessity to study as a means for men or women to open their mindset in understanding the life of the pern ikahan is a matter of sexual relations, needs healthy sexual education in order to avoid stigma or suspicion or anxiety that disrupts domestic life). Thus, it can control people's lives in accordance with the legal concept in order to rectify stigma speculation.
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Erindia, Erindia, Rusmala Dewi und Andriyani Andriyani. „THE CRIMINAL ACTION OF EXHIBITIONISM ACCORDING TO ISLAMIC CRIMINAL LAW“. Nurani: Jurnal Kajian Syari'ah dan Masyarakat 21, Nr. 2 (27.12.2021): 327–36. http://dx.doi.org/10.19109/nurani.v21i2.9950.
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The result of this research is that exhibitionism actors can be caused by two factors, namely the first (internalinternal) factor, which is anfactor that comes from the actor's self which is seen from the psychological and biological side, the two (externalexternal) factors, namely thefactor. actors who can be influenced by the environment, there are no special factors that cause an exhibitionist because the causative factors depend on the condition of the actor and his environment. In Islamic Criminal Law exhibitionism is snared withpunishment, Ta'zir namely in accordance with the ijtihad judge's, the judge determines whether the perpetrator is guilty or not according to the conditions mentioned, in the Nash al-Qur'an and Hadith the punishment for exhibitionism has not been clearly regulated, because exhibitionist this is an issue that recently appeared or happened today and not yet known in ancient times because that sanctions exhibitionist according to the laws of this research includesresearch, empiricalwhereas the specification of this research is qualitative descriptiveanalysis,pedekatan main pursued is obtained through approaches with the law and approach to cases that occur in some areas.
Keywords: Exhibitionist, Law Number 44 Year 2008 Pornography, Ta'zir
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Putra, Adji Pratama, Khoirul Ma'arif, Mad Yahya und Fachri Hamzah Pangestu. „The Functional Analysis of Gender Equality in the Islamic Law Perspective“. HUMANISMA : Journal of Gender Studies 7, Nr. 1 (30.07.2023): 50. http://dx.doi.org/10.30983/humanisme.v7i1.6223.
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<p><em>The causative factors of the gender equality problem include misunderstanding social roles between men and women as a result of an incomplete understanding of Islamic law. This misunderstanding of gender equality results in unequal conceptions placing the positions of men and women in society.This article aims to the primary data sources in this article are the Qur'an text which outlines the gender equality issues in the Islamic law perspective. This article is a qualitative study with a normative juridical approach by describing and analyzing the concept of gender in the Qur'an and fiqh. The results of this study explain that Islam teaches equality between humans, both men and women. At least there are five principles of gender equality in Islam, men and women are both servants of Allah Swt, men and women are both caliphs of Allah, men and women both accept the primordial covenant, men (Adam) and women (Hawa) are both actively involved in the events of the cosmic creation, and men and women have the same potential for achievement. The Qur'an emphasizes the equal status of men and women in terms of fundamental rights as their existence as human and divine beings.</em></p>
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Andika, Nori Tiara, Saadatul Maghfira, Zainuddin Zainuddin und Nurhikma Nurhikma. „INKONSISTENSI PERATURAN BUPATI KABUPATEN TANAH DATAR NOMOR 48 TAHUN 2020 TENTANG PENERAPAN DISIPLIN PROTOKOL COVID-19 DENGAN ASAS PEMBUATAN PERUNDANG-UNDANGAN DAN HUKUM TATA NEGARA ISLAM“. JISRAH: Jurnal Integrasi Ilmu Syariah 4, Nr. 1 (30.04.2023): 96. http://dx.doi.org/10.31958/jisrah.v4i1.9357.
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This study examines the inconsistency of Tanah Datar District Head Regulation Number 48 of 2020 concerning the application of the Covid-19 protocol discipline with the principles of making legislation, both formal principles, namely: the principle of applicability and material principles, namely: the principle of openness, the principle of legal certainty. The two causative factors that influence the existence of inconsistency include the following internal factors: age factor, habit factor while external factors are as follows: educational factor, economic factor and work. The application of the Tanah Datar District Head's regulation Number 48 of 2020 concerning the application of the disciplinary protocol for the Covid-19 is not in accordance with the constitutional law of the Islamic state. Because in Islamic constitutional law it has been explained how the concept of implementing Islamic shari'ah is for us to obey the rules that have been made by the rulers or the government. However, in reality the community does not comply with the Tanah Datar District Regent Regulation Number 48 of 2020 concerning the application of the co-19 protocol discipline.
Bücher zum Thema "Causation (Islamic law)"
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ʻAbduh, Muḥammad ʻAlī. Naẓarīyat al-sabab fī al-qanūn al-madanī wa-dirāsah muqārin. Bayrūt: Manshūrāt al-Ḥalabī al-Ḥuqūqīyah, 2004.
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Islam, Causality, and Freedom: From the Medieval to the Modern ERA. Cambridge University Press, 2023.
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Islam, Causality, and Freedom: From the Medieval to the Modern Era. University of Cambridge ESOL Examinations, 2020.
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