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Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

National economic development through the establishment of Islamic Banks is an implementation of Article 29 of the 1945 Constitution of the Republic of Indonesia. The presence of Islamic Banking in the national economy is a strategic legal policy of the government because its operations are based on the principles of Islamic law, namely principles derived from the Qur'an, Hadith, Ijma', and Qiyas. However, in its application, these principles of Islamic law are manifested in the form of fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI) as a source of positive law for Islamic banking. Therefore, this study raises legal issues related to the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking operations in Indonesia. This study aims to analyze and determine the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking in Indonesia. The research method used is normative research, which provides answers to the problems raised with the perspective of what should be done. The results of the study indicate that the DSN-MUI fatwa has a crucial role as a positive legal basis in the operation of Islamic Banking in Indonesia, although formally it is not a statutory regulation. The implications of this study indicate the importance of recognizing and strengthening the role of the DSN-MUI in the national legal system to ensure compliance of Islamic Banking operations with applicable sharia principles. [ABSTRACT FROM AUTHOR]

This paper explores the juristic discussions about women’s access to their financial rights during late Ottoman Egypt. Taking fatwa collections as a source of social history, one can recognize that women sometimes gave up their financial entitlements to their male relatives voluntarily. This concession is thought to have occurred due to the influence of deeply ingrained social customs in some tribes. While various historical and anthropological studies have explored this social practice, this paper focuses instead on the Islamic law ruling concerning this phenomenon. I discuss in this paper how some ostensibly conservative ulama in nineteenth-century Egypt, in pursuit of upholding women’s financial rights against patriarchal oppression, recognized an important principle of social coercion. By considering fear of social stigma as a constraint on women’s free will and thus as a form of legal duress, those ulama enabled women to reclaim their rights when possible— likely following the death of their male relatives. This paper urges us to rethink the position of the ulama in nineteenth-century Egypt regarding women’s rights. Furthermore, it illuminates an overarching concept of coercion in Islamic law, which holds relevance to various modern debates. [ABSTRACT FROM AUTHOR]

This article aims to correct a common inaccuracy in the study of Musa al-Sadr's politico-religious activity vis-a-vis the Syrian ʿAlawi regime. The thesis presented by the author is that Shīʿi authorities in Lebanon provided a religious statement that the ʿAlawis are Jaʿfari Muslims, but that this statement did not come from al-Sadr himself as many historians claim. Tracing the source of this inaccuracy leads to western research from 1986. In order to prove the thesis, the article reviews the Arabic literature on the topic, including writings of the ʿAlawi community in Syria and Lebanon, which systematically do not cite any fatwa by al-Sadr on this matter. This enquiry leads to new conclusions as to the background of the discussed fatwa, as well as concerning the relation between political interests and religious judicial decisions. Appendices appearing at the end of the article include a useful translation, presented for the first time in this work, of the most important Shīʿi declarations concerning the ʿAlawi religious identity, and the correspondence between al-Sadr and the ʿAlawi Youth Movement in Tripoli, Lebanon. [ABSTRACT FROM AUTHOR]

This study examines the hypothesis positing a theoretical model embedded within Islamic political heritage to safeguard societal identity, commonly called "social security," in contemporary discourse. The focus of this study is Imam Ibn Taymiyyah, one of the key figures in Islamic heritage. His era was marked by numerous internal and external challenges for the Muslim community, prompting him to issue fatwas and take strategic measures to protect it. The researchers used Bouzan, Waever, and De Wilde's "social security" theory to elucidate the Taymiyyan model in a novel methodological approach. To accomplish this, we had to extrapolate, identify, and analyze the relevant texts authored by the Imam. According to Imam Ibn Taymiyyah's perspective, the study presents a theoretically sound model derived from Islamic Sharia principles. It involves providing guidance through legal rulings and fatwas to safeguard the five necessities of Islam, namely religion, life, regeneration, intellect, and wealth. Using mechanisms such as the "Hisbah apparatus", the defense of these communal necessities begins with promoting virtuous deeds and discouraging wrongdoing. Ultimately, to preserve the Muslim community's identity from disintegration or compromise in the face of encroaching civilizations or ideologies, political and military force may be required. [ABSTRACT FROM AUTHOR]

This article explores a 19th–20th century controversy in the Moorish Sahara (present-day Mauritania) regarding the Islamic legal classification of gum arabic. This resin, derived from the Acacia senegalensis tree and occasionally consumed by the Moors themselves for food and medicinal purposes, became the primary item of exchange between the Moorish tribes on the northern bank of the Senegal River and the French traders based in Saint-Louis du Sénégal from the 18th century onwards. In these transactions, gum arabic functioned as a form of currency. The central debate, directly related to the issue of usury (al-ribā), revolved around whether gum arabic should be considered a foodstuff or a medium of exchange. The author posits that the fatwas issued on this matter were part of a classification struggle among fuqahā ʾ, while representing, in Bourdieu's terms, the payment of "entry fees" into a "field" of fiqh that they sought to monopolize. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Ilahiyat Researches / Ilahiyat Tetkikleri Dergisi is the property of Ataturk University Coordinatorship of Scientific Journals and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The traditional gender binary constitutes an integral aspect of Islamic social ethics, which has a pivotal role in shaping religious obligations, legal proceedings, and interpersonal judgments within Muslim communities. Within the familial sphere, this gender binary underscores fundamental responsibilities encompassing parenthood, filial duties, and inheritance rights. Recent years have witnessed a growing challenge to the traditional concept of the gender binary within Islamic societies. This shift is driven by increasing social libertarianism that emphasizes gender fluidity and individual choice. Hence, this article aims to critically scrutinize evolving discussions and controversies about the rights of intersex and transgender individuals, particularly issues relating to sex reassignment or gender-affirming surgery, marriage, and reproduction, from the perspective of the Sunni tradition of Islam. To support the various interpretations and insights presented here, a comprehensive and rigorous analysis is carried out on various religious texts and scholarly sources to elucidate the theological and jurisprudential positions on gender issues. It is thus concluded that Shariah offers greater flexibility in the treatment of intersex individuals compared to those with gender dysphoria because the intersex condition is viewed as a physical impairment that is not the choice of the afflicted individual. By contrast, in the case of individuals with gender dysphoria, they are willfully attempting to change their recognized biological sex, that God had naturally given to them at birth. Therefore, it is recommended that such transgender individuals deserve respectful psychological and social rehabilitation with help and guidance from religious authorities, their families, and communities. [ABSTRACT FROM AUTHOR]

After five centuries of living under the Ottoman Empire, Bosnian Muslims lived under a non-Islamic empire's governance in 1878. Life in a new environment brought numerous challenges and sparked debates, such as loyalty to a non-Islamic government, migration, and military service. One of the issues vehemently discussed was the issue of interest. The emergence of Islamic modernism, which sought to redefine the concept of interest (differentiating between interest and usury), did not find firm ground in the initial years of the 20th century in Bosnia and Herzegovina. However, a flexible interpretation of interest was offered according to the legal ruling (fatwa) specially issued for Bosnian Muslims by the central religious body of Muslims in the Ottoman Empire (Mashihat). Namely, interest was still considered prohibited (haram), but in the specific socio-economic circumstances in which Bosnian Muslims lived, it was declared permissible. The legal argument of necessity (darura) was used as the primary justification. This was a revolutionary step since this fatwa opposed conventional Islamic wisdom on interest and thus legitimized the establishment of modern financial institutions. [ABSTRACT FROM AUTHOR]

Copyright of Larq Journal for Philosophy, Linguistics & Social Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Itobiad: Journal of the Human & Social Science Researches / İnsan ve Toplum Bilimleri Araştırmaları Dergisi is the property of Itobiad: Journal of the Human & Social Science Researches and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article investigates Ayatollah Murtaḍā Muṭahharī's approach to the right of women to issue fatwas. Muṭahharī (1919–1979) is one of the foremost thinkers of contemporary Iran who is known as 'the ideologue of the Islamic Revolution' and 'an architect of modern Islamic theology'. What distinguishes Muṭahharī from other traditional jurists is his awareness of modern developments and his dynamic methodology in jurisprudence. He was not only a clergyman but also a modern intellectual. The significant contribution of Muṭahharī's work partly lies in his active engagement with the challenges Muslims faced in the modern world. Muṭahharī, as a traditional reformer, strongly believed that Islamic thought on women's issues needed to be revived. He changed the traditional style of discussion about women's rights from specialized and technical jurisprudential debate within the context of traditional Shīʿa-Islamic seminaries to a rational argument. He supported women's right of issuing fatwas, which did not agree with the common fatwas of his time (pre-revolutionary Iran). In fact, Muṭahharī approved of women's right to issue fatwas when this was (and still is) the exclusive right of men. This study reveals that by adopting Muṭahharī's approach, different understandings of female leadership in religion could be developed. [ABSTRACT FROM AUTHOR]

Copyright of Trans/Form/Ação is the property of Trans/Form/Acao and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The validity of religious marriage (dīnī nikāḥ), the official registration of marriage and the number of divorce rights (ṭalāq) occasionally result in complexities and discrepancies in Turkish society. Since the origin of tension relates to the religious dimension of these practices, the Diyanet, an official religious institution, issued fatwās to guide the Muslim citizens and to appease the negative outcomes of these practices. The note aims to shed lights on the Diyanet’s approach towards marriage contracts, to scrutinise carefully the general attitude of scholars, and to analyse deeply the main legal principles of these fatwās. The official legal regulations are also evaluated to clarify the social and legal inclinations of the Diyanet while issuing its fatwās regarding marriage. [ABSTRACT FROM AUTHOR]

Indonesian government designated the Covid-19 pandemic as a national-scale humanitarian disaster and implemented measures like physical distancing and large-scale social restrictions to stop the spread of Covid-19. These measures have social as well as religious implications such as for collective prayers and worships in mosques. In implementing the restrictive measures to prevent the spread of Covid-19 such as social distancing and lockdowns, the government was supported by a series of fatwas (rulings) issued by the Indonesian Ulema Council (MUI), which has the authority over religious matters. This article applied a qualitative approach to investigate the MUI fatwas on changing the worship procedures during the Covid-19 pandemic and their role in preventing the spread of Covid-19. The main data sources for this research are three MUI fatwas, government policy documents related to Covid-19, and statements made by the government and MUI leaders to the media. In the Islamic law context, the modification of worship rules and procedures was based on the emerging threat of the Covid-19 pandemic warranting legal dispensations. This article found that the MUI fatwas were in line with religious objectives, especially for protecting lives by breaking Covid-19 infection chains in accordance with the government’s social distancing policy. However, the MUI fatwas and circular letters from the Indonesian Minister of Religious Affairs on worship procedures during the Covid-19 pandemic have created a shift in religious practices for Muslims. [ABSTRACT FROM AUTHOR]

The current study investigated fatwa discourse to reveal the attitudes and rulings of scholars towards English. In doing so, English and Arabic fatwas were analyzed employing modality. It was found that deontic auxiliary modals and similarly functioning markers were utilized to represent acceptance through median value modals to express obligation, for example, “should,” often followed by a justification, and low value modals to express permissibility, for example, “may.” Modality is also used to show resistance through a median value modal, such as “should” and “can.” The manipulation and power of such discourse are evident in the use of modality markers, including auxiliary, semi-auxiliary, and conditional modals. They function on the opposite poles of rulings, permissible and impermissible, to hedge permission and cast hesitation or uncertainty; yet, they show a lack of commitment on the part of the scholars to their fatwa, thus mitigating acceptance and resistance.

This study delves into the analysis of Hadith in H.M. Arsyad Thalib Lubis' Fatwa Book, titled Some Problems, with a specific focus on investigating the status of the Sanad and Matan, as well as exploring the method of Fiqhul Hadith employed in the book. The primary inquiries include determining Sanad's status, Matan's status, and the Fiqh al-Hadith method employed by Arsyad Talib Lubis. The research utilizes a literature-based approach with a scientific and methodological orientation. The findings reveal that out of 154 hadiths in the book, 97 are Sahih, 34 are Hasan, 14 are Da'if, 1 is Munkar, and 8 are not found in the Mutun al-Hadith. The Matan's status affirms that the contained hadiths align with the principles of the Qur'an, hadith, Ijma', Qiyas, and commendable Muslim practices, encouraging their incorporation into daily worship. The Fiqh al-Hadith method outlined in the book encompasses understanding the hadith following Quranic instructions, considering background, situational conditions, and purpose, distinguishing between variable means and fixed ends, discerning expressions of haqiqi and majadzi, recognizing the distinction between the unseen and the real, and ascertaining the meaning of words in the hadith. These findings contribute to a nuanced understanding of Hadith analysis and offer valuable insights for scholars and practitioners of Islamic jurisprudence. [ABSTRACT FROM AUTHOR]

The Ottoman period represents an important period for fiqh and the history of fiqh studies due to both the new issues that emerged in this period and the different fiqh approaches and solutions that the Ottoman ulema brought to these issues. In the 16th century, one of the debates in which Ottoman legal thought manifested its liveliness, depth, and diversity was the debate over the validity (ṣiḥḥah) and bindingness (luzūm) of cash waqfs. In this context, many texts were written by prominent figures of the period such as Ibn Kemāl, Çivizāde, Fenārīzāde, Bālī of Sofia, Ebussuūd and Birgivī arguing in favor or against cash waqfs. Many contemporary scholars have studied, published, and evaluated the fatwas issued by them and the edicts (firmans) declaring the sultan's preferences. The purpose of this study is to provide a contribution to this rich literature by analyzing a Turkish treatise from an unknown author, which has not yet been cited as far as we are aware, and by publishing a transcription of the only copy that has been identified so far. Since the treatise opposing the validity and bindingness of the cash waqf does not disclose the author’s identity, the location and the date of composition, this study will initially present evaluations and possibilities regarding these issues. Reflecting on its basic features, scope, and primary addressees, answers will be sought to questions such as "who wrote the treatise and when during the debates", "can the text be attributed to Çivizāde, who banned cash waqfs during his tenure as kazasker (chief judge) or to a scholar close to him from ilmiyya (scholarly class)" and “can the text be considered a contribution to the cash waqf debates from outside Istanbul and Rumelia”. In his treatise, the author relies on ‘al-Hidāya’, one of the authoritative works of the Hanafi madhhab by following the annotated translation approach common in Ottoman scholarly circles, and includes the majority of his own evaluations in the last part of the treatise. This is the only text on the cash waqfs that makes mention of the concept of luzūm (bindingness) in its title, and this is the prominent lens through which the cash waqf is evaluated in the treatise. Also prominent in the treatise is the objection expressed to views that are attributed to Zufar. Rather than evaluating these views in terms of their attribution to Zufar, the author examines them within the context of Zufar’s general theoretical approach to the waqf, concluding that his views cannot be used to establish the cash waqf on a valid and sufficient basis. This article discusses the objections raised in the treatise by the unknown author in the context of cash waqf debates and evaluates whether they received responses in scholarly circles. [ABSTRACT FROM AUTHOR]

Research objectives: This study aims to: • Studying the interaction of Islamic thought with unprecedented incidences, past and present, as dictated by the realistic moment when this virus entered the life of humanity and the umma without warning. • Addressing the historical and current jurisprudence of dealing with this pandemic, by seeking to monitor the fatwas of some scholars, institutions and individuals. Research problem: The problem of this research deals with the following question: To what extent has the Corona pandemic revealed a new awareness of a current discourse that highlights the ability of Islamic thought to dismantle emerging phenomena, re-set them Islamically with an appropriate method and realize the anticipated objectives of this process? Methodology: This study adopted two overlapping approaches, the historical and the analytical, in order to track the structure of the subject and its intertwining. Results: This study confirmed the vitality and effectiveness of Islamic thought and its ability to develop, participate and cooperate in order to confront and treat human problems. [ABSTRACT FROM AUTHOR]

The awareness to fulfill the rights of people with disabilities (PWDs) in Indonesia has increased significantly recently. To address concerns regarding the rights of individuals with disabilities, Indonesia's two most prominent Islamic organizations (Nahdlatul Ulama and Muhammadiyah) have released fatwas on Islam and disabilities. NU published Fiqih Penguatan Penyandang Disabilitas, while Muhammadiyah prepared its Fikih Difabel. Previous studies have neglected a critical area of intersection between Islamic law, women, and disability issues. This article explores the contribution of women with disabilities in formulating these fatwas and how they tackle problems relevant to women with disabilities. Based on textual analysis of those fatwa and field research, the paper argues that although women with disabilities have been involved in the drafting, their participation has been limited. Only a few were engaged in making NU's Fiqih Penguatan Penyandang Disabilitas; only limited types of disabilities were involved in Muhammadiyah's Fikih Difabel. As a result, this study found that the fatwas on the issues related to women with disabilities are comparatively less extensive. They leave room for developing a more women-friendly Fikih Difabel in the future. [ABSTRACT FROM AUTHOR]

Copyright of Larq Journal for Philosophy, Linguistics & Social Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Indonesia's efforts to make the country the center of the halal industry give theological and religious perspectives an essential role when making critical decisions. The Fatwa of the Indonesian Ulema Council on halal products has an influence that is believed to guide and foster the Muslim faith in Indonesia. This study aims to look at the implications of the Fatwa of the Indonesian Ulema Council on halal products in Indonesia, which affect the beliefs of Muslims in Indonesia. The research method used was a descriptive qualitative approach. Data collection was conducted through document study related to the research context. The data analysis technique was done by data reduction, data presentation, and conclusion drawing. The results showed that although the Fatwa of the Indonesian Ulema Council on halal products is not legally binding, Muslim communities in Indonesia believe and are attached to the Fatwa as part of carrying out religious orders. Fatwa implications affect the religiosity, spirituality, and inclusiveness of Muslim beliefs in Indonesia about halal products with the involvement of Ulama. The Indonesian Ulema Council's Fatwa on halal products is vital in the halal industry in Indonesia, which is believed to show obedience in carrying out the teachings of Islam and is vital when viewed theologically. [ABSTRACT FROM AUTHOR]

This paper discusses the role of religions and specifically, religious leaders, in peacebuilding. To achieve the purpose, in the first place, the authors shed light on the controversial issue among scholars perceiving religion more commonly as a source of conflict, or rather than a tool for peacebuilding. Accepting the constructive and productive role of religions in general, and Islam in particular, in peacebuilding, the paper also explores the role of concepts such as forgiveness, patience, and human dignity in peacebuilding. Having applied this conceptual framework, this article studies peacebuilding in post-war Iraq. The findings revealed that the role of religious leaders (Marjaiah), mainly Ayatollah Sistani, has been significant in the process of peacebuilding in Iraq. He has played a crucial role in this process through the revival of human dignity in light of public will, pursuing justice in terms of the Constitution, self-restraint as a basis for political stability and, religionization of forgiveness and tolerance. Data is accumulated through content analysis of Ayatollah Sistani's speeches and Fatwas. [ABSTRACT FROM AUTHOR]

This survey reveals how the community in Rimbang Baling Wildlife Sanctuary in their understanding of positive laws, especially the state regulation, both concern the rule of law and laws related to conservation. In addition, their attitude towards sharia law such as the wildlife fatwa (MUI's Fatwa No 4/2014) is about the protection of endangered wildlife to maintain ecosystem balance. We ask which rules must be obeyed first, the religious regulations, such as fatwas, or government rules? It has been revealed in this study that sharia complied with 20.1% (intervention villages = intervention) and 17.1% (control villages = control), government regulations of 15.3% (intervention), and 10.9% (control), while those who answered that both regulations must be obeyed were of 53.3% (intervention) and 65.1% (control), and the rest answered "don't know". The survey also questioned of hunting and trading of endangered animals prohibited by MUI Fatwa No. 4 of 2014. The respondents were on opinion that agreed and strongly agreed of 57.8% (intervention) and 65.1% (control), disagreed of 22.5% (intervention) and 21.7 (control), while the remainder was neutral, of 15.9% (intervention) and 10.9% (control). The results of relations of attitudes towards wildlife conservation between intentions and the resulting Spearman correlation values were of: p, 389 ** (control) and p, 523 ** (intervention). This means that, for the control villages, the correlation of the two variables is suficien; on the other hand, the correlation in the intervention area has a strong value. The intervention areas, villages: Aur Kuning, Pangkalan Serai, Lubuk Bigau, and Kebun Tinggi, have relatively higher attitudes than the control villages, namely: Gajah Bertalut, Sungai Santi, Terusan, and Tanjung Permai. [ABSTRACT FROM AUTHOR]

An illegitimate child is born outside of legal marriage by both parents, as a result of adultery. The implication is that their rights in the Islamic law are hindered, such as inheritance from their biological father. However, is it the child's right to be categorically denied from receiving his biological father's estate? What is the alternative in syarak, in caring for their welfare? This study will analyze the ruling of illegitimate child inheritance from a syariah perspective, and thus propose some solutions to the problem. This study applied a qualitative approach using the library research method. The findings were obtained from articles, cases from the Syariah Court, acts, enactments, and analysis of fatwas in Malaysia. To achieve this objective, interviews were also conducted with a takaful consultant and an executive from the Amanah Raya Berhad (ARB). This study found that the instruments of hibah takaful, will, trust or testamentary trust can be implemented in Islamic estate planning to safeguard the welfare of an illegitimate child. [ABSTRACT FROM AUTHOR]

The rapid and unprecedented progress in the field of science and technology has ushered in innovations affecting virtually every facet of life. Prior to the era of globalization, all kinds of financial issues were perceived as having singular dimension, solvable within the confines of their respective fields. However, in contemporary times, multifaceted aspects characterize nearly every such issue. For instance, the initiation of a marriage contract may prompt concerns about the medical checkup of the contracting parties. Similarly, advancements in medical science, such as the introduction of test tube baby treatments, present challenges regarding Shariah compliance in both non-Muslim and Muslimmajority countries. Financial matters undergo a similar transformation, evolving from individual transactions to intricate series of contracts within contracts. Addressing these complexities within the framework of Shariah law poses challenges, raising questions about the preparedness of scholars from traditional madrasas to navigate contemporary financial intricacies. This study seeks to analyze these multifaceted aspects, aiming to propose a methodology for issuing Shariah-compliant fatwas in the context of the finance industry in Pakistan. [ABSTRACT FROM AUTHOR]

Copyright of Invest Journal of Sharia & Economic Law is the property of Invest Journal of Sharia & Economic Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Gender Affirmation Surgery (GAS), or Amali Tasdigi Jinsiyat in Persian, was permitted by Ayatollah Khomeini's fatwa in 1982. Although GAS is allowed under Islamic law, trans subjectivities in Iran are misrecognized. Here we investigate the construction of trans subjectivities in Iranian society through an intersectional analysis of different power relations. We analyse discourses and practices of gender at structural, institutional and individual levels. We build on the concept of 'epistemic misrecognition' to explain how Iranian trans people's status is misrecognized both inside and outside Iran, which has made Iranian trans people and their experience invisible in society. Furthermore, we employ the notion of 'subjectivation' to describe the multiplicities of trans subjectivation in Iranian society. We apply Critical Discourse Analysis to analyse forty-six semi-structured face-to-face interviews conducted during 2015–2018. [ABSTRACT FROM AUTHOR]

Changes in law are necessary, both in Western and Islamic law; the basis for changes in Islamic law can be found in sources of Islamic teachings and documented in the history of Islamic law legislation. This article aims to analyze law changes in Islamic teachings, both conceptually, fiqhiyyah principles, and methods that can be followed. The results found that changes in Islamic law have a legitimacy basis from the Prophet's hadith about reformers every 100 years, also reflected in the history of Islamic law legislation both during the time of the Prophet, Companions, Tabi'in, and so on. Changes in law are also recorded from several principles, both fiqhiyyah principles and ushuliyah principles. Social changes influence the change in the law in the community where the law applies and is applied. The method used to change the law is to do ijtihad. The results of this ijtihad in Islamic law can be fatwas, jurisprudence (qadli decisions), doctrines (qaul fukaha), qanuns, and research results. [ABSTRACT FROM AUTHOR]

The purpose of this research is to find out the practice of the basic kafalah bil ujrah contract on BTN iB multiservice financing occurring at BTN KC Syariah Medan and the low determination of ujrah is in accordance with DSN-MUI Fatwa No. 44/DSN-MUI/VII/2004 corcerning multiservice financing. This type of research is field research using a qualitative approach. Data was obtained using interview literature study, then analyzed using descriptive analysis methods. The results of this research show that: First, in practice the kafalah bil ujrah contract in multiservice financing at BTN KC Syariah Medan is harmonious and the conditions are met as in accordance with the provisions of Fatwa DSN-MUI No. 11/DSN/MUI/-/IV/2000 concerning kafalah. Second, the determination of ujrah on multiservice financing at BTN Syariah in the form of a percentage is carried out based on the Directors' Circular Letter (SED) issued by the head office of Bank Tabungan Negara (BTN) Syariah which is located in Jakarta, so that parties from the Syariah Branch Office do not have the right to change these provisions. However, in order to avoid ambiguity, BTN Syariah Medan also attached the ujrah in nominal form. [ABSTRACT FROM AUTHOR]

This research aimed to reveal the approach used in the tarjih Muhammadiyah's fatwa regarding smoking law and describe the application of legal change rules in the smoking problem from Manhaj Tarjih's perspective. This research employed literature-based with a qualitative descriptive-analysis method. The results of the research showed that smoking law Fatwa Number 30 of 2005 and Fatwa Number 7 of 2007 used three approaches, including Bayani, Burhani, and Irfani. However, the Bayani approach was still more dominant than other approaches. Fatwa Number 6 of 2010 has also used three circular approaches, namely Bayani, Burhani, and Irfani, although the Irfani approach was still felt to be lacking and has not been stated explicitly. Then, the application of the four rules for changing the law in Muhammadiyah's manhaj tarjih has been perfectly fulfilled in the case of changing the law regarding the issue of smoking in the tarjih fatwa. Therefore, the changes that occurred have been accompanied by clear arguments and did not conflict with the Al-Qur'an and as-Sunnah. It is hoped that special research from the perspective of the Irfani approach was still very lacking. Furthermore, the community is expected to be mature in responding to changes in smoking laws decided by Muhammadiyah Tarjih and Tajdid Council. [ABSTRACT FROM AUTHOR]

Islamic content is a broad and diverse domain that encompasses various sources, topics, and perspectives. However, there is a lack of comprehensive and reliable datasets that can facilitate conducting studies on Islamic content. In this paper, we present fatwaset, the first public Arabic dataset of Islamic fatwas. It contains Islamic fatwas that we collected from various trusted and authenticated sources in the Islamic fatwa domain, such as agencies, religious scholars, and websites. Fatwaset is a rich resource as it does not only contain fatwas but also includes a considerable set of their surrounding metadata. It can be used for many natural language processing (NLP) tasks, such as language modeling, question answering, author attribution, topic identification, text classification, and text summarization. It can also support other domains that are related to Islamic culture, such as philosophy and language art. We describe the methodology and criteria we used to select the content, as well as the challenges and limitations we faced. Additionally, we perform an Exploratory Data Analysis (EDA), which investigates the dataset from different perspectives. The results of the EDA reveal important information that greatly benefits researchers in this area. [ABSTRACT FROM AUTHOR]

Copyright of Studia Islamika is the property of Center for the Study of Islam & Society of UIN Jakarta and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article presents a translation and analysis of a fatwa belonging to one of the most important and extensive compilations of legal opinions in Mālikī Islamic law, gathered together in the fifteenth century by al-Wansharīsī. We explore the fatwas in this compilation on the subject of captives, and focus in particular on one whose main point of interest is its exhaustive analysis of the possible fates that might await Christian prisoners who fell into Muslim hands, specifically those classified as "weak" – that is, women, children, the elderly and even religious figures. [ABSTRACT FROM AUTHOR]

Copyright of Humanities & Educational Sciences Journal is the property of Humanities & Educational Sciences Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Hajj pilgrimage is a disciplined, dynamic, and multifaceted act of worship, meticulously observed by distinguished representatives of the Islamic world, with precise rules and program. The importance of health, travel, food, accommodation, transportation, and security during Hajj is as significant as maximizing the spiritual benefits, strengthening Islamic brotherhood, and enhancing the awareness of being part of the Ummah. Informing and educating pilgrims with knowledge-rich programs before and during Hajj is also crucial. While performing this exceptional worship in the desired and prescribed manner is the fundamental aspiration, this can sometimes be complicated by harsh climatic conditions, health issues, and transportation problems. When the principles and guidelines in Hajj fatwas conflict with reality, updating these fatwas becomes a topic of discussion. In the practice of Hajj, two hadiths are often mentioned. One emphasizes the importance of performing Hajj in accordance with established rules, as stated in the phrase "Learn your Hajj rites from me." The other, particularly during the Farewell Pilgrimage in Mina, where Prophet Muhammad answered many questions with "Laharaj/N o harm," signifies the aspect of ease and facilitation. Utilizing the scholarly concessions provided in Hajj is sometimes not just 'necessary' but 'essential.' The hadith, "Allah loves the observance of His permissions as much as His commands," indicates that fulfilling religious permissions in accordance with religious measures is also pleasing to Allah. There is no harm in elderly, disabled, sick, exhausted, or legitimately excused pilgrims availing themselves of these concessions and fulfilling the minimum requirements of Hajj. However, variations in practice should be considered for those who are of able age and health. This article evaluates the views on concessions and obligations in the context of contemporary practices in Arafat, Muzdalifah, and Mina, where the most intense duties of Hajj are performed, and explores practical solutions. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cumhuriyet Ilahiyat Dergisi / Cumhuriyet Theology Journal is the property of Cumhuriyet Universitesi, Ilahiyat Fakultesi / Cumhuriyet University, Faculty of Theology and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Istihsān has been used as one of the ruling istinbat (reveal the meaning) methods in the Hanafi sect. Hanafi scholars of the classical period, on the other hand, discussed and analyzed istihsān under four main headings. According to the scholars of usul al-fiqh, istihsān is divided into "kıyas (syllogism) alhafi", " istihsān bi'l-eser", " istihsān bi'l-icma" and " istihsān bi'z-zarure”. The understanding of istihsān of the sect has gone through this classification until the modern period. However, the possibility of increasing the division made in the classical period for istihsān has recently been discussed. For example, it was emphasized that the aforementioned division made for istihsān by Shalabī (1910-1997) could be increased and explanations were made in the context of the subject. It has been stated that there is precaution in the background of some places where the fuqaha acted with istihsān. This has been effective in naming this type of istihsān. As in other types of istihsān, the naming was done in that way, since istihsān was used due to the precautionary principle. Because it is possible to say that the determining factor in the naming of istihsān types is the reason that leads to istihsān. As a matter of fact, this situation is clearly seen in the types of istihsān. In this article, istihsān bi’l-ihtiyât, which can be a different type of istihsān, is emphasized. Since this type of istihsān is not included in the classical period division, the possibility of this is discussed first. Because it is not in the classical period classification, it is necessary to determine whether this istihsān type to be put forward is among other types of istihsān. Therefore, in this study, first of all, it has been tried to define prudence and to show that istihsān bi’l-ihtiyât is different from other types. Afterwards, it has been tried to show the applicability of istihsān bi’l-ihtiyât by giving examples from different chapters. In this type of istihsān, prudence is the main reason for istihsān, and therefore, analogy is abandoned. Therefore, it should be noted that prudence, which is meant by istihsān bi’l-ihtiyât, does not mean avoiding the disagreement of the scholars. This disputation is more commonly referred to as al-hurūj min al-khilāf (avoid of dispute) or murā’at al-khilāf (observing separation). Because in istihsān bi'l-ihtiyât, the purposeful precaution is the precaution that creates the qiyas-i hafî, while in murā’at al-khilāf, it consists of avoiding the disagreement of the ulama and taking the stronger one if a choice is made between two fatwas. Wherever the fuqaha decrees with istihsān, there is the abandonment of qiyas. In istihsān bi’lihtiyât, istihsān is used for a reason not found in the other four types of istihsān. That justification was determined by the jurists as a precaution. However, this precaution should be understood as prudence, which means abandoning qiyas and preferring istihsān. In places where fuqaha resort to istihsān, they sometimes point to the background in the preference of istihsān with expressions such as “due to prudence” or “for the reason prudence”. However, no details are seen in the related works. This makes it necessary to understand this type of istihsān and to reveal its difference from the first thing that comes to mind when it seens to prudence. The possibility of seeing istihsān bi’l-ihtiyât as a new type of istihsān is discussed by considering this article. Although Shalabī emphasizes the possibility of expanding the types of istihsān, there is no study specific to the subject. This study, on the other hand, aims to both shed light on the subject and make a new contribution to the field. It should be noted that the applicability and internal consistency of the subject were tested by giving examples from different parts in particular istihsān bi’l-ihtiyât. Thus, it has been shown that this term can be applied in almost every talk of the sect when the conditions are met. It is possible to interpret this as an effort to expand on istihsān, which was highly exploited by both the founders and later jurists of the Hanafi sect. In addition, it fills an important gap in solving the problems encountered through the dynamics of the Hanafi sect without leaving the holistic, consistent and systematic structure of the sect. [ABSTRACT FROM AUTHOR]

In the last quarter of the 19th century and the first quarter of the 20th century, many books and treatises dealing with talfīq were written, and many fatwās were issued in parallel. Although the majority of the scholars were against talfīq between the 17-18th centuries, this strong opposition was broken in the last quarter of the 19th century, and some of the scholars living in this period argued that talfīq was permissible. On the other hand, there are also jurists who opposed to talfīq. One of the main references of the jurists who do not accept talfīq on this subject is the views of scholars who are against talfīq in previous centuries. In this half-century period, one of the main reasons for the discussions about talfīq is whether or not one can benefit from it in the codification of Islamic Law. Indeed, the issue of copyright was brought to the agenda during the preparation process, and amendment of Majalla, and this issue was discussed in the draft laws prepared on family law. Especially some prominent scholars of the period, such as Elmalılı Hamdi Efendi, stated that new laws could be made by making talfıq by staying within the tradition of fiqh instead of taking laws from the West. Likewise, in a document criticising Majalla, it was emphasized that talfıq should be used. These discussions about talfīq took place in Istanbul as well as in other important centres of the Islamic world, such as Damascus and Cairo. The city this article will focus on is Cairo. Because in Cairo, the works related to talfīq were given fatwās, and the leading jurists of the period examined this issue from different angles. Inbābī, who was the sheikh of Azhar, touches on the subject of talfīq in his treatise, which he wrote on a question asked about imitation (taqlīd), and opposed it. Similarly, one of his students, Halīcī in the second part of her work, in which he examines the provision of tattooing, examines in depth the issues such as talfīq and its related issues of school boundary-crossing (intiqāl) and pragmatic eclecticism (tatabbu’ al-rukhas) Halīcī is against talfīq like his teacher Inbābī. He justificated his point of view by mentioning the views expressed against talfīq between the 16-18th centuries. In particular, he emphasized that the majority of schools are against talfīq. He emphasizes that Haytamī stated that talfīq is invalid with consensus (ijmā) and that he does not respect the viewpoints of scholars who express an opinion that talfīq is permissible on this issue. Another student of Inbābī, Husaynī, wrote a treatise on imitation, and in this treatise, he dealt with talfīq and its related issues. Husaynī, unlike his teacher Inbābī, has a positive view of talfīq. Husaynī states in his treatise that he will deal with the issue of talfīq from a procedural point of view and does not agree with the claims that talfīq is invalid by consensus. He gives the views of the Emir Sultan about the permission of that talfıq as a reference. Likewise, Muhammad Bahīt, who was among the students of Inbābī and who was the sheikh of Azhar, gives a fatwā regarding the permissibility of talfīq. According to him, as long as it is not contrary to consensus (ijmā), it is permissible to act according to the decree obtained by talfiq. He mentions the views of scholars such as Tarsūsī, Amīr Bādshāh who have a positive view of talfīq. Apart from İnbābi's students, there are many jurists such as Rashīd Redā, Muhammad Mahdī, Shafshāwanī who make evaluations about talfīq. Rashīd Redā deals with the issue of talfīq in his fatwās and the treatise he wrote about imitation and defended the permissibility of talfīq. Likewise, Shafshāwanī who Mālikī jurist, gave a positive fatwā to the talfīq and justified his fatwā with necessity. Hanafī jurist Muhammad Mahdī, w ho w as t he sheikh o f A zhar, w rote a t reatise o n talfīq. He also mentions the subject of talfīq in one of her fatwās. He states in his fatwā that talfīq is invalid. In this study, the copyright debates that took place in Cairo between the last quarter of the 19th century and the first quarter of the 20th century will be discussed. The main purpose of the article is to examine the fact that although there was a very strong opposition to talfīq between the 17th and 18th centuries, this opposition was broken and the main reason behind it. [ABSTRACT FROM AUTHOR]

The article deals with the life, mystical personality and religious-sufi views of Abdurrahman es-Sugūrī, the Naqshbandī Sheikh from Dagestan. In Dagestan, the Khalidiyya branch of Naqshbandiyya had the opportunity to spread with Molla Muhammed Yerakî Cemaleddin Gazikumukî. With the surrender of Sheikh Shamil after 1859, the Russians completely dominated the region and many Sūfis migrated to the Ottoman Empire. In this period when the Russian pressure was intensely felt on the Muslims, Abdurrahman es-Suguri did not leave the region and tried to continue his guidance activities as a Naqshbandī-Khalidī sheikh. Sugûrî, who draws attention with his works on Sūfism, his fatwas and practices on religious-sūfistic issues, became one of the symbol names of the region with his re-starting jihad against the Russians. Both in his life and after his death, many sufis attributed their silsila to him, and the name Sugûrî has been included in the Naqshbendi lineages that have survived in the Caucasus and other regions from history to the present. Studies generally focused on his biography and sufi personality, and the discussions around his becoming khalīfa and religious-sufi views were neglected. In the article, Sugûrî’s life, his involvement in the tarīqa and his silsila were triad to be discussed. Discussions about whether Sugûrî was an authoized sheikh were included by referring to the primary sources dealing with the strata of the period. Finally, his works named Meşrabü’n-Nakşbendiyye and el-Kawl fî vucûbi’l-hicra ‘ale’l-Muslim were handled with the method of content analysis and some determinations were made regarding the author’s religious-sufi thoughts. [ABSTRACT FROM AUTHOR]

Dawrān, which means a Ṣūfī standing up and spinning, either alone or in a gathering of Ṣūfīs in dhikr assemblies, was practiced by most Ṣūfī orders except the Malāmiyya and Naqshbandiyya. The subject of samāʿ and dawrān caused controversy between the scholars and Ṣūfīs, and many treatises were written and fatwās were issued in favor and against. In the 16th century, the discussions on samāʿ and dawrān, which took place mostly at the intellectual level in Ottoman society, changed shape in the 17th century, and the members of the tarīqah who practiced dhikr and dawrān in public were subjected to actual interventions by the Kadizādīs. The strongest reaction to the rhetoric of Kadizāde Mehmet Efendi, the leader of the Kadizādī movement, against Ṣūfism and Ṣūfīs came from ʿAbd al-Majīd Sīvāsī, one of the Khalwatiyya shaykhs. After Kadizāde Mehmet Efendi, one of his followers, Üstüvānī Mehmet Efendi, continued his opposition to samāʿ and dawrān, and ʿAbd al-ʿAḥad Nūrī Sīvāsī was his opponent. Among the Ṣūfīs who wrote treatises in defense of samāʿ and dawrān were ʿAbd al-Aḥad Nuri and his caliph Seyyid Hüseyin Efendi. In this article, in order to contribute to the literature on the defense of dawrān, Seyyid Hüseyin Efendi’s views on dhikr, samāʿ and dawrān within the framework of his Al-Risālah al-Dawrāniyyah wa Iʻānah Arbāb al-Tarīqah are discussed. [ABSTRACT FROM AUTHOR]

Laws, religious texts, literature books and similar works have reached today by being saved as written texts. Skilled volunteer and attendants have retained this saving activity until today. In this way, some of the heritage of humanity has been handed down to us. The people who work for serving this need are called as revelation clerk, recorder, clerk or different words which means the same in different languages. The starting point of this article is the attendants who are on duty to write and edit these texts in some part of the history, in other words; musawwid. We called it as one of the law document preperation experts. Since we did not come across a study that dealt with the institution of musawwid independently, we examined this subject. In this article, various activities related to the writing of official documents since the History of Islamic Law have been touched upon. Then, in the history of Ottoman jurisprudence, the duty of the musawwid, his function in the fatwa house, and his role in the writing of fatwas are analyzed. This study has also tried to demonstrate that the activity of writing fatwa is a separate profession and a field of interest that requires care. Prominent individuals who performed the duty of musawwid and some branches of service similar to musawwid from the past to the present are also included to show that the subject is constantly up to date. Despite similarities, being a musawwid is a different profession from being a clerk. In fact, in some studies that deal with the clerkship, the position of musawwid is dealt with separately. Briefly, this study tries to reveal the origins of official document preparation activities in the history of Islamic Law, some clerks who were engaged in this field in the Ottoman Empire, and some contemporary activities close to this profession. [ABSTRACT FROM AUTHOR]

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Copyright of Nisar: Journal of Religious Studies / Dini Tetkikler Dergisi is the property of NISAR and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)