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Journal articles on the topic 'Sacred space (Islamic law)'
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Nopriansyah, Waldi, Makhrus Munajat, and Abdul Mujib. "Maintaining the Plurality and Sacred Value of Islamic Law through the Existence of the Sharia Banking Law." Al-Ahkam 32, no. 1 (April 28, 2022): 65–86. http://dx.doi.org/10.21580/ahkam.2022.32.1.8825.
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Islamic banks are the fastest growing Islamic financial institutions in Indonesia. In fact, Islamic Banks already have special regulations, namely Law Number 21 of 2008. This article aimed to analyze how important the Sharia Banking Law is in maintaining the plurality and sacredness of Islamic law in every sharia banking operational activity. The method used in this article is qualitative with a normative approach. This article found that Sharia Banking Law supports the sacredness of Islamic law, namely to realize the benefit. The existence of the Sharia Banking Law indirectly shows its capacity as a legal product that provides a plurality space so that the law can be enjoyed by all humans and all religions based on community beliefs. In addition, the existence of the Sharia Banking Law can also be a reference for other Islamic law products to provide a plurality value space behind the sacredness of Islamic law in Indonesia.
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Mourad, Suleiman A. "Too Big to be Owned: Reflections on Jerusalem in Islamic History." Review of Middle East Studies 53, no. 01 (May 21, 2019): 20–33. http://dx.doi.org/10.1017/rms.2019.3.
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AbstractMuslims have venerated Jerusalem since the seventh century. Their direct control of the city began in 638 and lasted, except for a few interruptions, until 1917. When we examine the evolution of an official Muslim attitude towards Jerusalem, it becomes clear that they perceived their role not as owners of the city but rather as custodians. This attitude was informed by the realization that Jerusalem was sacred to Muslims, Christians, and Jews alike, and that all three religious communities share many of the same sacred sites. As such, statesmanship and law obliged Muslim rulers to protect and defend Christian and Jewish sacred spaces, even against occasional Muslim mob behavior that called for the destruction, confiscation, or exclusive use of those places. The Trump administration's decision in 2017 to enact the 1995 decision of the U.S. Congress to move the American embassy to Jerusalem stands as a violation of this historical framework and of the rule of law and sanctions the eradication of Palestinian identity and historical memory.
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Sewerynik, Jakub. "FREEDOM OF RELIGION IN THE EUROPEAN PUBLIC SPACE. REMARKS BASED ON THE LATEST CASE LAW OF SELECTED INTERNATIONAL AND NATIONAL COURTS CONCERNING RELIGIOUS SYMBOLS." Studia Iuridica, no. 96 (July 7, 2023): 318–33. http://dx.doi.org/10.31338/2544-3135.si.2023-96.16.
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The author attempts to analyse selected rulings of the European courts concerning religious symbols in order to answer the question whether freedom of religion is still respected in Europe. The analysis is based on the reflection on the context of contemporary European cultural landscape: diversity of constitutional models of particular states, the concept of neutrality in the matter of religion, and the ability of contemporary political elites and judges to understand the sphere of the sacred (sacrum). The selection criteria for the rulings have been cases concerning objects related to practising religion: (i) the hijab – an Islamic headscarf, (ii) the burqa – a garment covering practically the entire body, and (iii) the crucifix hung on a classroom wall. The review brings up important questions about lack of tolerance, pluralism and acceptance of religious diversity in contemporary Europe, and ‘reasonable accommodation’ as a possible solution.
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Malji, Andrea. "People Don’t Want a Mosque Here: Destruction of Minority Religious Sites as a Strategy of Nationalism." Journal of Religion and Violence 9, no. 1 (2021): 50–69. http://dx.doi.org/10.5840/jrv202142086.
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Religious sites are often at the center of confrontation. Groups frequently clash over the structures and the historical narratives surrounding sacred spaces. Religious sites encompass deeply entrenched meanings for groups of all backgrounds. These spaces represent identity, tradition, history, family, and belief systems. For minority groups, their religious sites can help provide a sense of belonging and serve as a monument to their history in the community. Due to their symbolic importance, religious sites are also vulnerable to violence by outside groups. Destructive acts targeting religious architecture and symbols are common throughout the world, but are especially frequent in identity-based conflicts, such as in Bosnia. However, the study of these attacks and their relationship to nationalist movements, particularly in Asia, has not been adequately studied. This article examines the destruction of Islamic sites in three distinct countries and contexts: India, Myanmar, and Xinjiang, China. In each case, Muslims are religious minorities and face varying levels of persecution. This article argues that the destruction of religious spaces and symbols has been used both literally and symbolically to claim a space for the dominant group and assert a right to the associated territory. The elimination of Muslim sites is part of a broader attempt to engage in a historical revisionism that diminishes or vilifies Muslims belonging in the region.
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Tayob, A. I. "Approaches to the Study of Islam and Muslim Societies." American Journal of Islam and Society 9, no. 3 (October 1, 1992): 425–27. http://dx.doi.org/10.35632/ajis.v9i3.2585.
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This conference was convened by J. H. Dreyer of the Department ofSemitic Studies at the University of South Africa, Pretoria, South Africa, andthe Department of Religious Studies, University of Cape Town, Cape Town,South Africa. It was preceded by a banquet, during which the Islamic Studiesprogram of the Department of Religious Studies was introduced to the peopleof Cape Town. Approximately 250 invited guests attended the conference,which was well received by local Muslims and set the parameters for ahealthy relationship between the department and the Muslim community.The conference was attended by a fluctuating audience of eighty to 150individuals from the University of Cape Town and various Muslim communities.This provided an ideal opportunity for the emergence of a varietyof lively and critical ideas. Issues affecting Muslims living in South Africaalso generated a lot of discussion.The keynote guest speaker was Richard Martin, Arizona State University,Tucson, Arizona. The rest of the papers were presented by scholars fromSouth African universities who have been involved in the study of Islam andArabic. The following broad areas were covered: early Islamic history;Qur'anic hermeneutics in traditional and modem scholarship; revivalism;Islam in South Africa; and Muslim personal law in South Africa.The first session dealt with early Islam and featured two presentations.The first, Martin's paper on "Public Theology in Medieval Islam: The Roleof Kalam in Conflict Definition and Resolution," set the pace with aninteresting and innovative approach to the study of early theological disputes.In addition, he presented kalam disputes to illustrate how modem discussionsand debates on fundamentalism have produced a kind of public theologyinvolving both the media and academia in North America. He was followedby Abdul Kader I. Tayob, University of Cape Town, who dealt with themeaning and significance of the masjid as a sacred space as reflected in theQur'an and si'rah literature of the thirteenth hijri century.Two papers on Qur'anic hermeneutics made up the second session. A. K. ...
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Afridi, Mehnaz M. "Foreigners and Their Food." American Journal of Islam and Society 29, no. 4 (October 1, 2012): 93–95. http://dx.doi.org/10.35632/ajis.v29i4.1181.
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Are dietary religious laws an obstacle to community relations between membersof the Abrahamic faiths? The new edition of Pierre Birnbaum’s Le Peupleet Les Gros, under the title Genèse du Populisme (Hachette Pluriel: 2012) exploreshow eating pork in Paris and other cities can be read as a sign of identitycrisis in French society, as a way of excluding from the public space thosewho are different, in this case Jews and/or Muslims who follow dietary lawsforbidding its consumption. Similarly, in Foreigners and Their Food: ConstructingOtherness in Jewish, Christian, and Islamic Law, the question ofcommunity, religious laws about food, and a thorough analysis of the relevantsacred texts is revealing. This book explores how the Abrahamic faiths conceptualize“us” and “them” through the rules related to food preparation bythose who are not “us” and the precise act of eating with “them.” Moreover,it echoes an important marker of how communities remain segregated at mealtime even though sharing food is seen as a familial, communal, and, most importantly,a sacred act.Foreigners and Their Food opens with Freidenreich’s personal strugglewith food and its significance in deconstructing boundaries between differenttraditions. The author, an ordained rabbi, readily admits to a bias of comparativeanalysis when interpreting the texts and laws; however, this admissionaccentuates and delineates a thorough analysis and rich interpretation that thestudy of religion is yearning for in intertexual analysis.The book begins with a discussion of “imagining otherness,” one thatalerts readers to the significance of food, its symbolic nature of inclusion/exclusion, and the absence of any analysis as to how it impacts so many religiousadherents who rely upon these laws but cannot critically reflect uponthem as markers of “us” and “them.” Freidenreich looks at what Leviticus,Deuteronomy, and similar traditional texts state, but he is clearly reaching formeanings that lie beyond the text. He points out as a general theme that “Absentfrom Biblical passages regarding these dietary laws, however, is any suggestionthat the norms enjoined upon Israelites stand in opposition tonon-Israelite practices” (p. 21) ...
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Lassner, Jacob. "Jews and Muslims Competing for Sacred Space." Bustan The Middle East Book Review 14, no. 2 (December 2023): 142–71. http://dx.doi.org/10.5325/bustan.14.2.0142.
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ABSTRACT While Judaism and Islam are Abrahamic faiths with a shared tradition and common ground for belief and practice, this has not always or even primarily translated into a greater acceptance or appreciation of the other in Islamic history. This essay examines two new books that explore related themes about Jews and Judaism. The first book explores how different Muslim traditions have come to view Jews and Judaism based on interpretations of the Islamic sources and history. The second book seeks to explain how contemporary Muslim societies have come to understand Judaism’s attachment to the Jewish religious sites of the Holy Land, with a particular focus on Jerusalem. Perhaps by examining these themes together, one can hope that Jews and Muslims will come to appreciate what they share as much as what is disputed.
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Nagarajan, Chitra. "Culture/ Religion/ Tradition vs Modern/ Secular/ Foreign." Feminist Dissent, no. 3 (November 27, 2018): 114–46. http://dx.doi.org/10.31273/fd.n3.2018.291.
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This article examines the binary of culture/ religion/ tradition and modern/ secular/ foreign and its impact on women’s human rights struggles in particular in northern Nigeria. This binary is commonly perpetuated by state and non-state actors, including politicians, community leaders and religious leaders, who weaponise culture, religion and tradition to resist the struggle for gender equality. It highlights how progress around some concerns, such as rape of young girls, has occurred concurrently with attacks on other rights, particularly sexual and reproductive rights including abortion and sex outside marriage, and of those with non-normative sexual orientations, gender identities and gender expressions. This hardening of attitudes and narrowing of what is seen as permissible not only obscures the diversity of how people lived and thought in the past but is also far from the reality of how people live their lives presently. It further reflects the increased influence of religious fundamentalism and conservatism in northern Nigeria.[1]
[1] I used the term religious fundamentalism as distinct from religious conservatism and to signify the project whereby those engaged in it ‘construct ‘tradition’ in a way that is highly selective, at the same time as dogmatically insisting that their reconstructions of text are ‘sacred’ and so unable to be questioned’ (Cowden and Sahgal, 2017, 15), deny ‘the possibility of interpretation and reinterpretation even while its adherents engage in both’ (Bennoune, 2013, 16) and centre the importance of control of women’s bodies and sexuality and rigid gender roles. Religious fundamentalists ‘believe in the imposition of God’s law, something called the Sharia – their version of it rather than others’ – on Muslims everywhere and in the creation of what they deem to be Islamic states or disciplined diasporic communities ruled by these laws,’ denounce secularists, seek to bring politicised religion into all spheres, want to police, judge and change the behaviour, appearance and comportment of others and aim to sharply limit women’s rights, sometimes in the name of protection, respect and difference (Bennoune, 2013, 16). In contrast, while religious conservatism remains problematic, it does not make claims to possessing the only true interpretation and can be ‘protective of certain traditional spaces for women as well as being capable of reform and change’ (Cowden and Sahgal, 2017, 18).
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Jones, Rhys Dafydd. "The makeshift and the contingent: Lefebvre and the production of precarious sacred space." Environment and Planning D: Society and Space 37, no. 1 (October 22, 2018): 177–94. http://dx.doi.org/10.1177/0263775818806513.
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Geographical engagement with religion has grown substantially of late, with many recent studies considering the ‘sacred beyond the officially sacred’. However, many sacred spaces are not used solely for devotion, and there is a need to understand the diversity of sacred spaces, including how they come to be used as such, and the experiences of worshipers using them. Drawing on Lefebvrian notions of diversion and appropriation, I argue that the concepts of contingent and makeshift sacred spaces bring more nuanced and complex understandings of the intertwining of sacrality and profanity in spatial formations. Discussion is grounded in the case study of Muslim worshippers’ sacred spaces in rural western Wales; their relatively small demographic profile means that there is a reliance on short-term arrangements in the absence of long-term, privately owned and controlled sacred spaces. Through precarious access to sacred spaces, local Muslims are reliant on local institutions’ hospitality, and there is little development in the region’s Islamic sacred spaces or claims to space in the region. I conclude by highlighting the significance of the contingent and makeshift to understand sacred spaces, and its place in everyday life.
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Bursi, Adam C. "Fluid Boundaries: Christian Sacred Space and Islamic Relics in an Early Ḥadīth." Medieval Encounters 27, no. 6 (February 15, 2022): 478–510. http://dx.doi.org/10.1163/15700674-12340108.
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Abstract This article examines a ḥadīth text that illustrates the complicated interactions between Christian and Islamic sacred spaces in the early period of Islamic rule in the Near East. In this narrative, the Prophet Muḥammad gives a group of Arabs instructions for how to convert a church into a mosque, telling them to use his ablution water for cleansing and repurposing the Christian space for Muslim worship. Contextualizing this narrative in terms of early Muslim-Christian relations, as well as late antique Christian religious texts and practices, my analysis compares this story with Christian traditions regarding the collection and usage of contact relics from holy persons and places. I argue that this story offers an example of early Islamic texts’ engagement with, and adaptation of, Christian literary themes and ritual practices in order to validate early Islamic religious claims.
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Albarrán, Javier. "This Is Your Miḥrāb: Sacred Spaces and Power in Early Islamic North Africa—Al-Qayrawān as a Case Study." Religions 14, no. 5 (May 19, 2023): 674. http://dx.doi.org/10.3390/rel14050674.
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Al-Qayrawān has long been figured, especially in the culture of the Islamic West, as the Islamic city par excellence, as the fourth sacred place after Mecca, Medina, and Jerusalem. The prominence of this garrison city—supposedly founded by ‘Uqba b. Nāfi‘ in the year 50/670–671—is undeniable in the traditional account of the Islamic conquest of Ifrīqiyya. Through a case study of al-Qayrawān and an analysis of the sources recounting its miraculous foundation as well as the construction of its mosque, this article aims to study the process of sacralisation of space, how this is inserted into a given context and related to power and its consolidation, particularly in times of political, cultural, and religious transition, and how it uses, appropriates, or eliminates the previous reality. To this end, the article provides a context for the creation of al-Qayrawān as a sacred space, which relates directly to the region’s Christian past and the construction of a new Islamic identity.
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Akande, Rabiat. "Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58." Law and History Review 38, no. 2 (July 22, 2019): 459–93. http://dx.doi.org/10.1017/s0738248019000166.
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Emerging critiques of mainstream accounts of secularism reveal the imbrication of the sacred and the secular in ‘secular’ states. In the context of colonial Northern Nigeria, this sacred-secular entanglement, which took the form of the co-option of Islam for the colonial ‘secular’ enterprise, did not leave Islam unchanged. Co-opting Islam for the colonial project necessitated the making of an Islamic Law amenable to the colonial state. With a focus on criminal law, this article narrates the making of a British Colonial Islamic law in Northern Nigeria through the unprecedented expansion of siyasa. Departing from orthodox accounts of Islamic law's reification in colonial Northern Nigeria and heterodox assertions of its erosion by the colonial state, this article argues that neither the reification nor the erosion accounts illuminates the relationship between the colonial state and Islamic law. To show how the colonial state could assert secularism while co-opting Islam, this article presents a narrative of reform that foregrounds the following questions: Who had (and exercised) the power to decide what Islamic law was? How was the exercise of this power justified? How did the exercise of this power fit with the broader colonial project of governing religious difference? What were the consequences of these processes for Islamic law, institutions and colonial subjects?
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Padela, Aasim I. "Islamic bioethics: between sacred law, lived experiences, and state authority." Theoretical Medicine and Bioethics 34, no. 2 (April 2013): 65–80. http://dx.doi.org/10.1007/s11017-013-9249-1.
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Mohamad Amin, Noor Shuhadawati, and Ahmed Affan Shafy. "LEGALITY OF IMMUNISATION IN ISLAMIC LAW." Journal of Asian and African Social Science and Humanities 8, no. 1 (March 31, 2022): 32–43. http://dx.doi.org/10.55327/jaash.v8i1.259.
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Immunisation is considered as one of the modern medical marvels, an instrument against communicable diseases. Saving millions of lives every year from deadly diseases. It is well established that life is sacred in Islamic law and as such Islamic legal maxims and objectives of Islamic law ensure the safety and security of human life. While Islamic law ensures the safety and security of life, it also emphasises on the important of avoiding prohibited processes and ingredients by Muslims. Thus the legality and permissibility of any preventive or medical treatment is based on the legality of its process, permissibility of ingredients used and necessity of such a process or ingredient in accordance to objectives of Islamic law. This paper explores the legality of immunisation in Islamic law by analysing objectives of Islamic law and Islamic legal maxims to establish Islamic medical ethics and legality of precautionary medical measures. Data is obtained by analysing primary sources of Islamic law, conventional and contemporary scholarly literature, Also this paper briefly discusses the legality of vaccine mandates, social distancing and lock-downs in Islamic law.
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Ashadi, Ashadi, Anisa Anisa, and Finta Lissimia. "The Meaning of Sacred Space on the Architecture of the Historic Mosque Case Study of Masjid Jami 'Al Mukarromah Kampung Bandan North Jakarta." International Journal of Built Environment and Scientific Research 2, no. 2 (December 30, 2018): 105. http://dx.doi.org/10.24853/ijbesr.2.2.105-116.
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The building of worship is a building that has sacred spaces as a container of its activities. The case study taken in this research is the historic mosque which is often referred to as a sacred mosque because of the tomb of Habib Islamic syiar carrier. The existence of the tomb inside the mosque is what makes the mosque visited by pilgrims and pilgrims and has various activities related to worship and pilgrimage. The purpose of this research is to get a conclusion about the sacred space and its meaning in Masjid Jami 'AlMukarromah Kampung Bandan. This research uses descriptive interpretive method. Field observations were conducted by, first, observation of study subjects, ie by observing the activities undertaken at Masjid Jami 'Al Mukarromah Kampung Bandan. From activity observation can be found sacred activity and profane activity. Second, observing the spaces used sacred activities that are done in the mosque. Interviews were conducted with the main sources and direct descendants of Habib Alwi bin Ali As-Syatiri. The result of this study is that the sacred space of the Jami 'AlMukarromah mosque has a clear definition and is reflected in its physical form. The sacred space used is the main prayer room as the sacred space which has the highest hierarchy. The main prayer room is part of the expansion building. Sacred space of pilgrimage is on the part adjacent to the tomb and the original part of the mosque which is often called the Nine pillars. The area adjacent to the tomb is an important area so the expansion or renovation of the mosque does not change the original form. The sacred space used for the haul activity is the same as the sacred space for pilgrimage, that is, in the section adjacent to the tomb and pillar of nine
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Parciack, Ronie. "Hierarchy into Heterarchy." Numen 69, no. 2-3 (April 1, 2022): 236–57. http://dx.doi.org/10.1163/15685276-12341654.
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Abstract This article addresses the heterarchical dynamism generated by the reorganization of sacred geographies in India and the Arabian Peninsula through contemporary iconographies and religious practices. The cities at the top of the orthodox Islamic/Arab sacred, authoritative hierarchy have lost their status in the current Indian context both concretely and symbolically, and have become equated, embedded, or subordinated to the Indian space. This dynamism is unfolding primarily in Indian vernacular spaces: in the material culture and audiovisual media produced and sold in Islamic bazaars in proximity to Sufi shrines; and in public religious practices that are reshuffling the sacred spaces of both India and the Hijaz, manifesting a polyphonic, at times rhizomatic fabric corresponding to social theorist Kyriakos Kontopoulos’s definition of a heterarchy.
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Nasser, Nevine. "Beyond the Veil of Form: Developing a Transformative Approach toward Islamic Sacred Architecture through Designing a Contemporary Sufi Centre." Religions 13, no. 3 (February 23, 2022): 190. http://dx.doi.org/10.3390/rel13030190.
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By examining the relationship between sacred space and spiritual experience through practice-as-research, a methodology for reclaiming the wisdom embodied by transformative examples of classic Islamic sacred architecture in the design of a contemporary Sufi Centre in London, UK, is developed. The metaphysical and ontological roots of universal design principles and practices are explored in order to transcend mimetic processes and notions of typology, location, time, style and scale in the creation of context-sensitive meanings and manifestations. An ontological hermeneutic approach was followed that utilises mixed methods underpinned by direct engagement, collaboration and a willingness to examine personal transcendent experiences and spiritual practices. By conducting practice, the effects of prioritising unseen dimensions (bātin), which enfold visible dimensions (zāhir), on understanding and designing Islamic sacred space are examined. The role of the imaginal realm, the imagination (khayāl), the spiritual heart (qalb) and spiritual inter-pretation (ta’wīl) are explored. Through a contemplative process, forms are perceived as conduits between the physical and spiritual realms and space as a symbol of presence (wujūd). Seen and unseen (zāhir wa bātin) converge into one continuum, potentiating an experience of Oneness (Tawhīd). A transformative approach to practice emerges that integrates a designers’ creative and spiritual practices, cultivates the capacity for transformation and helps to mitigate some of the challenges faced when designing sacred spaces in conventional settings today.
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Aslan, Rose. "The Holy City of Medina." American Journal of Islam and Society 33, no. 3 (July 1, 2016): 134–37. http://dx.doi.org/10.35632/ajis.v33i3.929.
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In The Holy City of Medina: Sacred Space in Early Islamic Arabia, HarryMunt offers a much-needed look at the history of Madinah through scholars’writing about its significance and the construction of its sanctity. By examiningthe city’s history through a spatial lens, Munt presents a new perspective on134 The American Journal of Islamic Social Sciences 33:3the history of a city that has been written about for more than a millennium.While Madinah has served as a catalyst of religious formation, identity, andpractice, until now it has not been studied as a sanctified city (ḥaram) in andof itself.As the city that welcomed Makkah’s Muslim refugees, Madinah has arich and complicated history. In addition, it is a sacred city. While modernMuslims primarily view it as sacred because of the presence of the Prophet’sgrave, the author returns to early Islamic sources to understand how earlyMuslim scholars between the seventh to the ninth centuries viewed the cityand how it became sanctified. He argues against the modern normative Islamicviewpoint that the city was immediately viewed as sacred and posits that ittook several centuries for the normative viewpoint to consolidate into a popularnarrative ...
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Ishchenko, O. "Spatial-temporal principles of the symbols of Ukrainian sacred art." Ukrainian Religious Studies, no. 11 (September 21, 1999): 93–100. http://dx.doi.org/10.32420/1999.11.1024.
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Understanding Ukrainian sacred art is impossible without understanding how ancient Ukrainians felt space and time, transformed and materialized this understanding in signs, the most ancient among which is the circle, square and cross. These symbols are universal spatial and temporal signs that play the role of archetypes and have deep pre-Christian roots and origins. Their original, cosmological essence of the understanding of nature, the desire to convey the divine essence through comprehension of space and time converges the sacred art of the Christian, Hindu and Islamic worlds.
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Nurhadi, Nurhadi. "ANALYSIS OF LAFADZ TA'LIQ TALAK IN ISLAMIC LAW PERSPECTIVE AND CIVIL LAW OF MARRIAGE/COMPILATION OF ISLAMIC LAW." Jurnal Hukum & Pembangunan 49, no. 3 (November 5, 2019): 757. http://dx.doi.org/10.21143/jhp.vol49.no3.2198.
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Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy through the decree of the minister of religion number 3 in 1953. The purpose of the existence of sighat ta’liq is to protect the wife from the abuse of her husband, if the husband violates the wife has the right to sue the religious court (divorce). Lafadz sighat ta’liq was made referring to the regulation of the minister of religion number 2 in 1990, but the lafadz contained a new understanding of marriage and the promise of divorce. Compilation of Islamic Law (KHI) as an explanatory regulation from UUP number 1 of 1974 Article 46 paragraph 3 does not require sighat ta’liq.
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Rosen, Lawrence. "Law and Custom in the Popular Legal Culture of North Africa." Islamic Law and Society 2, no. 2 (1995): 194–208. http://dx.doi.org/10.1163/1568519952599330.
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AbstractFocusing on a series of instances from the Islamic courts of North Africa, the present article argues that custom does not stand apart from the sacred law but is seen by its adherents as itself Islamic and hence indissolubly linked to Islamic law. Local practice and universalizing principles of the sharīʿa thus merge in popular conceptualizations. Legal officials also share in the recognition of custom as part of the shariʾa, thus contributing to the overall legitimacy of the sharīʿa and to its capacity to respond to changing circumstances.
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Sokolov, O. A. "A narrative about the Defense of Muslim Sacred Space in Arab Folklore of the Modern Era." Orientalistica 6, no. 5 (February 4, 2024): 1034–43. http://dx.doi.org/10.31696/2618-7043-2023-6-5-1034-1043.
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For many centuries, the history of the Levant and Arabia have been marked by the conflicts for control of sacred spaces between representatives of various faiths, and this confrontation continues to this day. One of the most intense periods of this struggle was the era of the Crusades, the study of the memory of which in folklore sources is an important scientific task. Of significant interest in this case is the narrative about the defense of Muslim sacred space, which developed in the socalled Arabic Folk Epics. Although the threat to sacred space in this type of sources often comes not from the Franks (ifranj), but from the Byzantines (rūm), and the action itself in some monuments takes place in pre-Islamic times, the whole complex of stories about the threat to sacred space in Folk Epics can be considered an echo of the Crusades. The Franks and Byzantines in the Epics regularly threaten both Jerusalem and Mecca. It can also be assumed with a high degree of confidence that, thanks to the great popularity of Folk Epics in the Modern Era, the idea of a European threat to Muslim sacred space survived in the collective memory of the Arabs of Egypt and the Levant until the 19th century.
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Rine, Holly Anne. "Onondaga Lake as Sacred Space and Contested Space." Review of International American Studies 16, no. 1 (August 28, 2023): 187–221. http://dx.doi.org/10.31261/rias.13185.
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Onondaga Lake, located in what is now Central New York, is the sacred place of the founding of the Haudenosaunee Confederacy. It is where the Peacemaker paddled his stone canoe and established the Great Law of Peace that has stood for centuries. In 1654 Simon Le Moyne, S. J. arrived on the shores of Onondaga Lake. In 1656 the French government, in accordance with the Christian Doctrine of Discovery, granted the Jesuits rights to the lake and the surrounding land, much prized for its abundant salt springs. They built a mission to lay claim to both the land and the souls who occupied it. It is this moment that sets off the contest for control of the lake and the history. The lake remains the sacred center of the Confederacy, which has survived despite attempts to eradicate it. The future of both is dependent on the recognition of its sacred status by those who have seen the lake as a source of profit and power as well as a convenient dumping ground. This is the story of that struggle.
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Wahyudi, Muhammad, Fauzia Novita Sari, and Qofifa Sari. "KAJIAN PRINSIP PERKAWINAN MENURUT UU NO. 1 TAHUN 1974 DALAM PERSPEKTIF HUKUM ISLAM1 Oleh: Mohammad R. Hasan 2." Jurnal At-Tabayyun 4, no. 2 (December 31, 2021): 124–38. http://dx.doi.org/10.62214/jat.v4i2.72.
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The purpose of this research is to find out how the principle of marriage according to Law no. 1 of 1974 concerning the Principles of Marriage and how marriage according to Law no. 1 of 1974 in the perspective of Islamic law. By using normative juridical research methods, it can be concluded: 1. The community views a sacred event as a marriage. Marriage is the first step to form a family, which in turn is a collection of families that will form the citizens of a society that will eventually become a country. It can be said that if the marriage is carried out in accordance with religious regulations and laws, it is certain that good families will be formed. In turn the country will be good. The principle of marriage that lives and grows in society according to Law no. 1 of 1974 requires the approval of both parties (prospective bride and groom), as a condition/proposal, the awarding of a dowry, in the marriage contract, witnessed by 2 (two) witnesses, the guardian of the party, the prospective bride and every marriage is recorded according to statutory regulations -applicable invitations. 2. The mi balik (ulama) view or think that marriage is a suggestion which results in being sunnah, obligatory, makruh and unlawful. Marriage is a holy (sacred) event that begins with "muqaddimat al zawaj" religious teachings (proposal/know). Islamic law teaches getting to know each other before the marriage contract (character, piety, character) is the beginning of creating a family that is sakinah, mawadah and rahmah, the principle is to know specifically the woman who is proposed to (Islamic jurisprudence). Islamic law regarding the existence of marital pillars, this is included in "al-ijab" and other "al-qabul" of marriage conditions where the pillars of marriage consist of guardians, (dowry), prospective husband and wife and sighat. Islamic law views a sacred act based on the Qur'an and sunnah and the hadith of the Prophet (marriage contract/al-ijab and al-qabul) as a stipulation in the provisions of Islamic law, in line with Law no. 1 of 1974 concerning marriage.
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Astin, Moira. "The Ecclesiastical Law Society's 35th Annual Conference: Sacred Space." Ecclesiastical Law Journal 26, no. 1 (January 2024): 102–3. http://dx.doi.org/10.1017/s0956618x23000480.
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(Corresponding Author), Nazilya Abduova, Mukhammadgali Abduov, Zhanbyrbay Kagazbayev, Botagoz Sateeva, and Zhanby Kadina. "Harmony of Sacred Numbers Functions in the Works of Belles-Lettres from Islamic Perspective." Journal of Al-Tamaddun 18, no. 1 (June 19, 2023): 95–101. http://dx.doi.org/10.22452/jat.vol18no1.8.
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Since ancient times, numbers have played an important and multifaceted role in human life. In many cultures, especially in the Islamic one, individual numbers were given special significance. In this regard it is necessary to study the origin of so-called sacred numbers, which have been an important aspect of Islamic cultural heritage. The present research paper focuses on the semantics and meaning of "three", "seven" and "forty" which have become sacred numbers due to objective and subjective factors. An analysis of the use of a group of sacred numbers in Islam was researched. Also, the meaning of sacred numbers in everyday life was investigated. As a result of the comprehensive study, we can admit that special properties of sacred numbers lies in the law of creation. Special attention was paid to show the role of sacred numbers in revealing the artistic merits of works of fiction, as well as the peculiarities of their use in religious heritage. It is obvious that the main scientific conclusions drawn by the authors will be a renewed impetus, particularly for young researchers to develop new ideas in this field.
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Setiawan, Rahmadi Agus. "KAWASAN RELIGIUS DAN PRODUKSI RUANG DI LINGKUNGAN MASJID PATHOK NEGARA PLOSOKUNING YOGYAKARTA." RELIGI JURNAL STUDI AGAMA-AGAMA 13, no. 01 (July 30, 2018): 21. http://dx.doi.org/10.14421/rejusta.2017.1301-02.
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Study of religion and territory (space) is a new phenomenon in recent decades along with the tendency of religious studies that change from normative to contextual approach. Plosokuning village as a religious area becomes research object that examines the relationship between religion and space. Furthermore, this research will explore how this religious region is formed and how it affects the behavior of the people in this village.This study uses a social theory known as the production of space proposed by Henri Lefebvre. In this theory, space is a social production, and always related to the social reality that surrounds it. Space never existed and manifested itself or held itself. In other words space has a historical dimension that helped shape it. The social space also influences the way of thinking and acting of society that exists in the space, as well as uses as control and domination.From the historical approach, it is found that the religious area of Plosokuning is a product of the palace (kraton Yogyakarta) that makes Plosokuning as a mutihan area (place of worship). This religious area is intended as a bastion of the spirituality of the palace and the implementation of the royal philosophy known as Kiblat Papat Lima Pancer. In this philosophy, the palace is in the middle and surrounded by a spiritual fortress in the form of four Pathok Negara Mosques, one of which is the Pathok Negara Mosque in Plosokuning.The religious area of Plosokuning, which is a palace product, has an influence on the Islamic religiosity of the Plosokuning community. This religious behavior can be proved by the emergence of cultural products, both tangible and intangible cultures. Tangible cultures are like the emergence of some boarding schools (pesantren), some musholla (small mosques), Muslim housing, and majelis ta'lim (place for Islamic studies). While intangible culture such as the emergence of Islamic art, religious rituals, as well as Islamic religious norms in society. Plosokuning as religious area continues to be inherited from generation to generation by continuing to revive the Islamic culture, both tangible and intangible culture.The study of the Plosokuning community also shows a strong relation between religious space and the behavior of the people. By the existing of the religious area, so the sacred character of religion becomes strong in the environment of Pathok Negara Mosque Plosokuning. As a sacred area, it becomes a shame (taboo) when people conduct behavior or actions that violate Islamic norms and traditions. The social function of this religion is also reinforced by giving social sanctions for people who violate the teachings of Islam. Keywords: Islam, production of space, sacred, Yogyakarta.
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Federspiel, Howard. "Islamic Values, Law and Expectations in Contemporary Indonesia." Islamic Law and Society 5, no. 1 (1998): 90–117. http://dx.doi.org/10.1163/1568519982599652.
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AbstractIn this essay I survey the wide variety of views manifested by Indonesians regarding Islamic values and law. Within government circles, the security conscious “guardian group” bars political Islam but regards worship as benign, while the Ministry of Religious Affairs has adopted an accommodationist stance which promotes Muslim community values outside of politics. Outside of government, non-Muslims and nominal Muslims are chary of Islamic values and attempts to institute Islamic law, while Muslim groups express a strong desire to have Islamic norms operate for the betterment of society and to fulfill Qurʿanic admonitions about such matters. Some Muslim groups call for greater attention by individuals to Islamic teachings, while others call for the establishment of sacred law in society. Most Muslim groups want the Indonesian state to identify with Islam, but, at the same time, many approve of the current national policies regarding inter-communal harmony and the emphasis on modernity.
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Bursi, Adam. "Scents of Space: Early Islamic Pilgrimage, Perfume, and Paradise." Arabica 67, no. 2-3 (November 10, 2020): 200–234. http://dx.doi.org/10.1163/15700585-12341557.
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Abstract Within some of the earliest textual and material evidence for the history of Islam, pilgrimage appears as an important ritual of devotion, identity, and community. Yet modern scholarship has given little attention to early Muslims’ sensory experiences of pilgrimage sites and what they physically encountered while there. This article examines the importance of smell within Islamic pilgrimage practices of the first/seventh and second/eighth centuries. Drawing upon literary and material evidence, I reconstruct several olfactory components of pilgrimage in this period, including intensive usage of perfume and incense at pilgrimage destinations such as the Kaʿba and the Dome of the Rock, as well as pilgrims’ collection and ingestion of scented materials from these locations. I then argue that the prominence of pleasing aromas at these sacred spaces is connecting to early Islamic ideas about the proximity of paradise to these pilgrimage sites.
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Prasetya, L. Edhi, Yuke Ardhiati, M. Wira Abi, Chandra Arfiansyah, M. Rifqie Izzulhaq, and Raditya Raka Putra. "Outdoor Tourist Destination: Sumur Batu Art Sacred Space." International Journal of Glocal Tourism 2, no. 1 (March 30, 2021): 40–50. http://dx.doi.org/10.58982/injogt.v2i1.39.
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Purpose: This study aims to find how a sacred space be a part of outdoor tourist destination consisting of heritage building law and rules to respect the sacred space. Research methods: The study is based on a qualitative research by accommodating criterias of heritage building rules and considering the local architecture as base design. Findings: Sumur Batu is a heritage-listed object in Bekasi. It is a water well that believed by local peoples to be an ancestral heritage and is named Tirta Karuhun. The site is one of the Satellites of The National Gallery of Indonesia (GNI) that plays a role as an art gallery that shows artworks. Implication: The site enriches the contemporary art displays in a sacred area. The sacred place has opportunity to be a venue for art activities. It can be an outdoor tourist destination.
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Cobb, Paul. "VIRTUAL SACRALITY: MAKING MUSLIM SYRIA SACRED BEFORE THE CRUSADES." Medieval Encounters 8, no. 1 (2002): 35–55. http://dx.doi.org/10.1163/157006702320365931.
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AbstractThis study uses the Kitāb fadā'il al-shām wa-dimashq (The Book of the Virtues of Syria and Damascus) of 'Alīibn Muhammad al-Raba'ī (d. 1052) as an archive of Muslim traditions about Syria's sacred status that were circulated throughout the early Islamic period (seventh to eleventh centuries). In order to make the claims in these traditions believable, the early Muslim scholars who circulated them invoked both explicit textual authorities and implicit rhetorical techniques. The methods by which these early Muslims claimed Syria as sacred space are briefly compared to strategies used in medieval Europe.
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Gulam, Hyder. "Law For Space Travel: Analysis of Fiqh in Space." FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman 9, no. 1 (July 1, 2023): 39–62. http://dx.doi.org/10.24952/fitrah.v9i1.7655.
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The purpose of this research discussion paper is to understand the Islamic issues involved in Space Travel, which is a novel field. Hitherto, only limited research has been undertaken on how Muslim astronauts can maintain their Islam for a prolonged period away from the Earth. This paper will commence with an introduction to Islamic law (which includes the distinct term fiqh), before discussing the obligations of Muslims in space. Also discussed in this paper will be the Maqasid, or higher objectives, which provides an avenue for Muslim space travelers to maintain their Islam within the framework of the religion. The methodology used in this paper is based on research of existing literature, comments from previous Muslim astronauts as well as a review of Muslim law that pertains to travel. The finding of this paper sets out the application of Islamic Law for interstellar Space Travel and off-world colonisation. It discusses the relevant ibadah rulings (literally meaning religious rituals such as prayer, fasting, ablution, keeping halal, and death rites inter alia) and how these can be practically applied in the context of space travel. This paper also outlines the moral, legal and practical challenges faced by a Muslim undertaking Space Travel and discusses the relevant Islamic ‘knowledge’ that may assist in reconciling these issues. The term interstellar Space Travel and colonisation is used to refer to those activities that are performed away from the Earth, such as in the micro-gravity of space or on an off world colony i.e., Mars. This paper is unique from other published papers in the field as it contemplates off world habitation and not just a short-term sojourn into space. The research finding is that Islamic Law is able to adapt to the challenges of space by incorporating how early Muslims maintained their Islam while traveling long distances outside their home countries. This is an emerging area of study, so there is a dearth and scarcity of literature about Muslims in space written from a scholarly perspective. This paper intends to rectify this situation by providing a marker for other scholars and researchers to follow
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Aslan, Rose. "The Holy City of Medina : Sacred Space in Early Islamic Arabia / Harry Munt." American Journal of Islamic Social Sciences 33, no. 3 (July 2016): 134–37. http://dx.doi.org/10.12816/0037469.
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Mohamed Adil, Mohamed Azam, and Nisar Mohammad Ahmad. "Islamic Law and Human Rights in Malaysia." ICR Journal 5, no. 1 (January 15, 2014): 43–67. http://dx.doi.org/10.52282/icr.v5i1.421.
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This article deals with the Islamic law and human rights principles which constitute the two important elements of the Malaysian legal system. Human rights, despite being a basic tenet of Islam, have frequently and widely been misunderstood by many Muslims. Indeed, the protection of human rights is consistent with the very objective of the coming of Islam i.e. as a mercy to the whole universe and for safeguarding the sacred values of humanity. As such, it is not an exaggeration to consider that Islam is a strong proponent of human rights and violations of human rights may be tantamount to disregarding Islamic principles. Nevertheless, due to constitutional constraints, the protection of human rights in Malaysian law may not necessarily be based on Islamic law. This is because the Federal Constitution of Malaysia limits the jurisdictions of Islamic law to selected matters such as matrimonial issues and other limited criminal jurisdictions. Despite Article 3 of the Constitution that clearly names Islam as the religion of the Federation, this provision, does not provide for the full application of Islamic law in Malaysia. Thus, the protection of human rights in Malaysia is selectively covered based on Islamic law, whereas the major scope of protections is covered by Federal-based civil law, in accordance with the specification of jurisdiction vested by the Constitution.
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Umami, Hafidhul. "PENCATATAN PERKAWINAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN PERSPEKTIF HUKUM ISLAM." Usratuna: Jurnal Hukum Keluarga Islam 4, no. 01 (December 29, 2020): 46–73. http://dx.doi.org/10.29062/usratuna.v4i01.256.
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Marriage is a very sacred thing considering that it can legalize the relationship between a man and a woman, but many parties consider marriage to be an ordinary bond as evidenced by rampant prostitution wrapped in abusive marriages or contract marriage. It is important to overcome such things by passing the Marriage Law number 1 of 1974 concerning marriage, one of which is related to marriage registration. Islamic law does not explicitly discuss marriage registration, considering that in early Islam (ancient times) there was not much prostitution engineering in the name of marriage, in modern times there has been a lot of such prostitution to anticipate the emergence of the law on marriage registration. Marriage registration which is a government regulation does not violate the provisions in Islamic law and even supports Islamic law. Because this can bring maslahah and reject madlarat. This is in accordance with the principles of Islamic law, namely paying attention to the benefit of humans.
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Humaisi, M. Syafiq. "Sumbangan Pendidikan Islam dalam Mengantar Pluralisme dan Multikulturalisme Indonesia." Likhitaprajna Jurnal ilmiah 22, no. 2 (December 23, 2020): 78–95. http://dx.doi.org/10.37303/likhitaprajna.v22i2.181.
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The legality of Islamic education only received recognition after the issuance of Law Number12 of 2012, concerning higher education. The law stipulates that Islamic education is included in the clusters of religious knowledge. In the explanation of Article 10 paragraph 2 of the Law, it explains that; The religious knowledge cluster is a scientific cluster that studies beliefs about divinity or monotheism as well as sacred religious texts, including the science of ushuluddin, the science of syari'ah, courtesy science, dakwah science, education science, Islamic philosophy and thought, Islamic economics, Hindu religious education, Hindu religious philosophy, Buddhist religious education, Buddhist information science, Buddhist philosophy, Christian religious education, Catholic religious education, missiological theology, pastoral counseling, and religious education of Confucianism. However, academically the existence of Islamic education has been started since the sending of the messenger of Allah Muhammad Saw, in Mecca and continued to Medina after the Migrate incident.
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Jackson, Sherman A. "The Islamic Secular (2017)*." American Journal of Islam and Society 41, no. 1 (February 5, 2024): 170–218. http://dx.doi.org/10.35632/ajis.v41i1.3424.
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It is common to assume an inherent conflict between the substanceof the category “religion” and the category “secular.” Givenits putative rejection of the separation between the sacred andthe profane, this conflict is presumed to be all the more solid inIslam. But even assuming Islam’s rejection of the sacred/profanedichotomy, there may be other ways of defining the secular inIslam and of thinking about its relationship with the religion.This is what the present essay sets out to do. By taking Sharia asits point of departure, it looks at the latter’s self-imposed limitsas the boundary between a mode of assessing human acts thatis grounded in concrete revelational sources (and/or their extension)and modes of assessing human acts that are independent ofsuch sources, yet not necessarily outside God’s adjudicative gaze.This non-shar`ī realm, it is argued, is the realm of the “Islamic secular.”It is “secular” inasmuch as it is differentiated from Sharia asthe basis for assessing human acts. It remains “Islamic,” however,and thus “religious,” in its rejection of the notion of proceeding“as if God did not exist.” As I will show, this distinction betweenthe shar`ī and the nonshar`ī has a long pedigree in the Islamiclegal (and theological) tradition. As such, the notion of the Islamicsecular is more of an excavation than an innovation. *This article was first published in the American Journal of Islamic Social Sciences 34, no. 2 (2017): 1-31
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Mustapha, Ariyanti, and Abdul Karim Ali. "Teori Evolutionism dalam Epistemologi Usul Fiqh dari Perspektif Barat [The Theory of Evolutionism in the Epistemology of Usul Fiqh From the Western Perspective]." Jurnal Islam dan Masyarakat Kontemporari 23, no. 3 (November 30, 2022): 1–13. http://dx.doi.org/10.37231/jimk.2022.23.3.692.
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Perkembangan hukum Islam yang mencapai kemuncak kegemilangan pada zaman kerajaan Abasiyyah telah menarik perhatian sarjana Barat dalam menghasilkan pelbagai kajian dan teori terhadap Zaman Keemasan hukum Islam atau The Golden Age of Islamic Jurisprudence. Penglibatan Ignaz Goldziher, Joseph Schacht, David Powers dan Wael Hallaq telah menghasilkan pelbagai kajian terhadap perkembangan usul fiqh dan sebahagian daripada karya mereka telah mendapat pengiktirafan daripada sarjana Barat sebagai The Sacred Book of Islamic Law, dan The Father of Islamic Studies. Teori Evolutionism merupakan rumusan pemahaman Barat yang merupakan garapan pemahaman umum orientalis Barat terhadap Zaman Kegemilangan hukum Islam yang didakwa terhasil akibat wujudnya elemen asing (Foreign Elements). Artikel ini dihasilkan untuk menganalisis karya penulisan Goldziher, Joseph Schacht, Wael Hallaq dan beberapa pandangan daripada orientalis kontemporari dalam menilai variasi pandangan mereka terhadap perkembangan hukum Islam yang didakwa berasaskan dogma daripada Barat. Kajian ini berasaskan kajian kualitatif dan penganalisisan data menggunakan metodologi historis dan komparatif. Hasil penganalisisan dapat dirumuskan bahawa dakwaan Goldziher dan Schacht terhadap epistemologi usul fiqh yang berasaskan dogma Barat adalah tidak tepat dan ia menafikan Teori Evolutionism dan teori The Legal Transplant yang telah diperkenalkan oleh orientalis Barat terhadap epistemologi usul fiqh.
The development of Islamic Law during the Abbasid period, known as The Golden Age of Islamic Jurisprudence has attracted the attention of western scholars and their contribution in Islamic Law. Many books and articles on usul fiqh written by Ignaz Goldziher, Joseph Schacht, David Powers, and Wael Hallaq were acknowledged by the Westerners and some of their contributions were known as The Sacred Book of Islamic Law and The Father of Islamic Studies. The Theory of Evolutionism was a stigmatism of Orientalists writing on the zenith of Islamic law during the third century, which derived from foreign elements. This article is to analyze the writing of Goldziher, Joseph Schacht, Wael Hallaq, and other Orientalists on their assumption of western dogma in Islamic Jurisprudence. This study used qualitative, historic, and comparative methodologies. The findings verified the invalidation in Schacht and Goldziher allegation on the foreign elements in usul fiqh. Thus, the Legal Transplant and the Theory of Evolutionism evolved by the Westerners in the methodology of usul fiqh are rejected.
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Mujiburrahman, Mujiburrahman. "Fenomenologi Niat : Antara al-Ghazali dan al-Sayuthi." Kanz Philosophia : A Journal for Islamic Philosophy and Mysticism 1, no. 2 (December 22, 2011): 215. http://dx.doi.org/10.20871/kpjipm.v1i2.20.
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The evolusionist and functionalist approaches to religion are generally considered less sympathetic if not antipathy to religious phenomena. This is why, some western scholars propose another approach to study religion called ‘phenomenological’ approach. There have been a number of phenomenological studies of religion, but mostly not of Islam. This article tries to fill in the gap by describing and analyzing the Islamic conception of intention (niyyah) developed by al-Sayuthi and al-Ghazali. As a jurist, al-Sayuthi explores different formal rules on niyyah in Islamic jurisprudence, while al-Ghazali as a Sufi, tries to deepen the meaning of niyyah in relation to one’s sincerity to God. Apart from this difference, both conceptions of niyya indicate that as believers, Muslims always attempt to live in the sacred space and time, and make their speech and deed sacred based on the niyyah. Thus, niyya is the very basis of Muslim religious life.
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Nurhadi, Nurhadi. "History of Islamic Law on Earth Melayu Lancang Kuning Riau-Kepri." PALAPA 7, no. 1 (May 21, 2019): 181–201. http://dx.doi.org/10.36088/palapa.v7i1.202.
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Codification and cultural transformation in the Riau Malay region from a local religion to the Islamic religious system, complete with various forms of embodiment of all forms of culture. Revolution and religious reform in Riau Malay society which gave rise to cultural transformation were due to several inherent factors or other factors which were later strongly associated with Islam. Islam when it has to be actualized in culture has presented its face in harmony with the culture of culture in an area, and in the regional diversity of Islamic culture there is still a place for local Islamic culture. However, all cultural diversity is united by spirit and a sacred form of tradition that comes from tawhid. Riau Malay Culture is one of the forms of Islamic culture that has many supporters. Islamic values are clearly seen in various aspects of Riau Malay culture. Malays make Islam the spirit or core of their culture. The history of the entry of Islam, Islamic law, codification and compilation of Islamic law on the yellow Malay land of Riau Kepri tend to be modest, without any resistance mentally, socially, culturally and faithfully. This has led to the Trem that Malays are synonymous with Islam, especially Malay Riau.
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Afridi, Mehnaz M. "Islamic and Jewish Legal Reasoning." American Journal of Islam and Society 34, no. 1 (January 1, 2017): 131–33. http://dx.doi.org/10.35632/ajis.v34i1.869.
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This book comes at a very advantageous time, for interfaith encounters havebecome part of a larger conversation in academic and non-academic circles.Journals and conferences have added the dimension of how to understand the“other” and create dialogue in many innovative ways. Islamic and JewishLegal Reasoning: Encountering Our Legal Other is precisely the type of textand rigorous academic guide to lead us at a time when so many religious lawsare misunderstood – especially between Jews and Muslims.The authors ask some questions: “Can the traditions of Judaism and Islambe read together through a legal religious lens without always having a commonground?” and “Can dialogue precipitate a philosophical framework thatcan demonstrate self-critical thought and still be engaged with the ‘Other’?”More importantly, in each section ask the authors some core questions aboutreligion and law in order to show why the modern preoccupation with religiouslaw is so relevant. In addition, through their methodological legal analysis,they at times demonstrate why religious law is irrelevant. The scholarsfeatured this book are meticulous, thought-provoking, and timely in terms oftheir significant lines of questioning.The book is unique in its conception, for Anver M. Emon and the contributors’organic approach makes it more accessible and, at the same time, academicallyrigorous. The book emerged from workshops and was “developedfurther when Emon went to Cambridge University to join Gibbs and others inthe Scriptural Reasoning project, where scholars read the scriptural texts ofmultiple traditions with scholars from those different traditions” (p. xi). Scripturalreasoning allows one to read another’s scriptures in a way that allows forpersonal readings and reactions to one another’s sacred text, an approach thatallows for “recognizing their own otherness to their own respective traditions”(p. xxiii).Islamic and Jewish Legal Reasoning opens up deeply complex and glaringissues of interpretation, authority of interpretation, and the historical conditionsof reading sacred text, especially for religious law. In the first chapter,“Assuming Power: Judges, Imagined Authorities, and the Quotidian,” RumeeAhmed and Aryeh Cohen introduce us to this complex problem of authorityand complex phenomenon through legal schools of thought in both traditions.The question of God as authority is crucial, as the authors ask, almost in a ...
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Peters, John G. "Sanctuary in More’s The History of King Richard III." Moreana 34 (Number 131-, no. 3-4 (December 1997): 25–36. http://dx.doi.org/10.3366/more.1997.34.3-4.5.
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More uses the debate concerning sanctuary to discredit the usurper Richard. Sanctuary serves two functions: protection from danger and communion with the deity. Mircea Eliade claims that “sacred space” is a locus for organizing our worlds, and sanctuary is such a place. Sacred space organizes the ordered, and holy from disordered, secular space. For the Christian world. sanctuary also represents Christ’s sacrifice by providing an escape from retribution. Consequently, violating sanctuary carries severe penalties and is analogous to disrupting an ordered universe. More’s portrayal of Richard’s violation of sanctuary shows him not only threatening political stability but also the divinely ordered universe.
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Latypov, Vadim S. "Assistance to justice in the modern muslim model of criminal proceedings (on the example of criminal procedure legislation Islamic Republic of Afghanistan)." Gosudarstvo i pravo, no. 11 (2023): 185. http://dx.doi.org/10.31857/s102694520020257-3.
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The article analyzes the institute for the promotion of justice in the Muslim system of law on the example of the criminal process of the Islamic Republic of Afghanistan (based on the Code of Criminal Procedure), but using the canons of the sacred religious scriptures. Within the framework of the conducted research, the conclusion is formulated that in the criminal process of the Islamic Republic of Afghanistan, the persons assisting in the administration of justice should include a witness, an expert and an interpreter, a doctor and a specialist. It is noted that their procedural status is not fixed in the hotel rules, but at the same time, the existence of the rights, duties and responsibilities of these participants mentioned by the legislator in the Criminal Procedure Code of the Islamic Republic of Afghanistan is traced. It is established that the criminal procedure legislation of the Islamic Republic of Afghanistan does not allow to fully ensure the safety of persons assisting justice, since it is limited only to ensuring the safety of a witness (Chapter 7 of the Criminal Procedure Code of the IRA).
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Abdul Ghofur Anshori. "Sources and Legal Principles of Islamic Inheritance* Dynamics in Indonesia." Journal Equity of Law and Governance 2, no. 2 (October 27, 2022): 157–65. http://dx.doi.org/10.55637/elg.2.2.5767.157-165.
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Islamic inheritance law is one of the important issues in Islam, and is a pillar between the pillars of law which is fundamentally reflected directly from sacred texts that have been agreed upon for its existence. The resutls show that The results of the research were brought to the formal discussion forum of the National Workshop in 1988. Subsequently, in 1991, the government of the Republic of Indonesia formalized the results of the study into an official regulation under the legal umbrella of Presidential Instruction R.I. No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law (KHI) as a result of the Workshop held on February 2 to 5, 1988, can be used by Government Agencies and by the public who need it as a guide in resolving problems in the fields of marriage, inheritance, and endowments. As a written formulation of the provisions of Islamic law in Indonesia, the Compilation of Islamic Law (KHI) is organized into several chapters and articles according to the object of the regulation. Specifically regarding Islamic inheritance, the arrangements are arranged in book II which consists of 6 chapters with 44 articles.
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Gunawan, Fahmi, Batmang Batmang, and Saad Boulahnane. "Translating the Qur'an in Indonesia: Marrying the Concept of Transcreation and Critical Discourse Analysis." IJELTAL (Indonesian Journal of English Language Teaching and Applied Linguistics) 8, no. 2 (November 2, 2023): 117. http://dx.doi.org/10.21093/ijeltal.v8i2.1523.
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Despite the growing concerns of research discussing transcreation in translation studies from various perspectives, little empirical evidence reported the transcreation in Quranic translation as a religious sacred text. To fill this void, the present study aims to elucidate Qur'an translation in Indonesia from the perspective of trancreation and critical discourse analysis. The data were collected via observation of translations of Quranic verses which contain transcreation. The findings suggest that Quranic translation as a religious sacred text encompasses extensive transcreation. It took the form of words, phrases, and clauses—units used to create a discourse in upholding Islamic law and exclusivism in Indonesia. The discourse of Sharia law enforcement was attributed to situational, institutional, and social factors. This empirical study implies that transcreation in the sacred text is unavoidable due to the translators' ideology and socio-cultural background differences and creates a metanarrative on the importance of mutual respect, tolerance, and interfaith dialogue.
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Аl-Zahrawi, M. A., and R. A. Gizzatullin. "The problem of anomalous (shazz) fatwas in Islamic Law." Minbar. Islamic Studies 14, no. 2 (June 27, 2021): 411–24. http://dx.doi.org/10.31162/2618-9569-2021-14-2-411-424.
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Based on the analysis of Sunni jurists’ classical and modern works, the article considers the provision on abnormal (shazz) fatwas – religious decisions that contradict either the unambiguous provisions of the sacred primary sources, or the agreed position of authoritative theologians (ijma’), or the goals (maqasid) of sharia or of a common sense. The work provides various examples of such fatwas in the early history of Islam, the era of the formation of classical theological and legal schools of thought (madhhabs) and modern times. In conclusion there is information about the reaction and attitude of the mufti, who issued the abnormal fatwa, to the case of a mistake revelation. Moreover, the article provides the explanation of his actions being legal or illegal due to his abnormal theological and legal decisons.
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Gofar, Abdullah. "Mengkaji ulang hukum acara perceraian di pengadilan agama." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 13, no. 1 (June 1, 2013): 105. http://dx.doi.org/10.18326/ijtihad.v13i1.105-124.
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Procedural legal issues of religion in resolving divorce cases still using prosedural of civil law (H.I.R andR.B.Bg). Size of formal mechanistic truths, so the more important aspects of the divorce prosess legalcertainty and axpediancy, however, rule out the maslahat aspect, in accordance with the value of Islamiclaw. The research objective is to examine the application of civil law in the process of divorce in westernreligious courts that have shifted, so the procedural law can not be used to answer problems in areas offamily law. Research methodology using normative judicial approach to secondary data laws and judicialdecisions of religion. Procedural law religious marriage in Islamic can not be measurred by mere formalproof, but there are aspects of the sacred reality can not be measured from a mere formal proof.Enforcement of civil law aspect “mutatis mutandis”, it did not touch the substantial aspects the“mashlahat” aspect. Implications of the case, that the rule of law in judicial process likely to lead todesecularization religious law of Islamic, not the desration of Islamic law.
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Moheb, Mohammad Mansour. "The Importance of Preventive Measures against Epidemic Diseases from the Perspective of Islamic Law." Jami Scientific Research Quarterly Journal 8, no. 3 (September 1, 2023): 133–48. http://dx.doi.org/10.61438/jsrqj.v8i3.37.
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This article explores the importance of preventive measures against epidemic diseases from the perspective of Islamic law. It first clarifies the concept of preventive measures and then delves into their significance and strategies based on Islamic law. The text emphasizes preserving human health and safety from deadly diseases, highlighting the importance of cleanliness and environmental hygiene, including maintaining personal hygiene, wearing clean clothes, medical isolation, and environmental cleanliness.
According to the teachings of Islamic sacred law, it can be said that the best preventive measures are guided by medical advice in Islamic law. Adhering to these measures consistently helps humans remain protected from widespread diseases such as COVID-19, Ebola, and others. Strategies such as medical treatment and the use of authorized medicines, quarantine, and medical isolation (avoiding social interactions when afflicted with diseases) are some of the most effective preventive measures, emphasized and recommended by Islamic teachings. Failure to comply with these measures is considered contrary to religious dictates and endangers human life. Since safeguarding human life is considered one of the primary objectives of Islamic law, everyone is obligated to adhere to preventive measures based on both religious teachings and medical guidelines. By following these measures, individuals can protect their communities from devastating epidemic diseases.
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Makartsev, Maxim, and Alexandra Dugushina. "Sacred Practices of the Christian Orthodox and the Muslims in the Mixed Shrines in the Devoll Region (South-East Albania)." Centre of Linguocultural Research Balcanica. Proceedings of Round Tables 7 (2022): 106–35. http://dx.doi.org/10.31168/2619-0842.2022.7.06.
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The article portrays the mixed sacred practices of the Christians and the Muslims in the Devoll region in southeastern Albania: in the Satrivaç Orthodox sanctuary in the village Hoçisht (Satrivaç or Shatrivaç) and the Bektashi sanctuary in the village Kuç (Inonisht). Based on the materials of the field work in Devoll in July 2019 and July 2021, the authors consider how sacred practices in the space of sanctuaries are distinguished by representatives of different (ethno)confessional groups of pilgrims (Orthodox and Muslim, Albanian, Macedonian, and Roma), as well as how practices of different genesis (Orthodox, Islamic, vernacular) are associated with the idea of a common sacred place (vakëf) regardless of its nominal confessional affiliation on the level of language and rituals. Considering the same audience of visitors and pilgrims in Satrivaç and Inonisht, the authors focus on the parallelism of sacred practices, elements of the infrastructure of the sanctuaries, and related terminology. Nevertheless, against the background of convergent vernacular practices and tolerant acceptance of religious differences, collective identities based on religious affi liation remain relevant boundaries in the communication of various Balkan communities.
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Aini, Qurrotul Ainiyah. "CONTEMPORARY ISLAMIC JURISPRUDENCE THOUGH IN THE WORK OF KHALED ABOU EL FADL." Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam 11, no. 1 (October 22, 2019): 1–22. http://dx.doi.org/10.32505/jurisprudensi.v11i1.985.
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With a qualitative approach, this research raises Khaled Abou El Fadl's thoughts on contemporary Islamic law discourse by analyzing one of his main works, namely Speaking in God's Name: Islamic Law, Authority, and Women. This paper will be focused on two important questions. First, how is the history of Khaled Abou El Fadl's life? Second, how is Khaled Abou El Fadl’s thought style in the tradition of contemporary jurisprudence? Based on those two questions, this research finally produces that; First, Abou El Fadl grew out of the dialectic of Islamic thought in the Middle East which has grown since the 1970s. His thought was actually a reaction to the rise of Salafi discourses, especially in Saudi Arabia and Egypt. The idea of Abou El Fadl is seen as a moderate wing representation in Salafi thought. Second, Atas Nama Tuhan, Khaled Aboul El Fadl's work is an experiment of his criticism of Salafism ideology which argues that Islamic reformism is also responsible for creating a creed closed, intolerant, and superficial in understanding the sacred texts of Islam should be taken seriously. His thought provides a discourse on Islamic law by combining classical Islamic thought with modern hermeneuticdiscourse.