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Copyright of Jurisprudence Faculty Journal / Magallaẗ Kulliyyaẗ Al-fiqh 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.)

Zhihar, a form of divorce from pre-Islamic Arab society, was abolished during the Islamic period through the Qur'an and the sunnah of the prophet. This article undertakes a reexamination of zhihar in a modern context, with a particular focus on the maqasid Shari'ah approach. This approach, which underscores the fundamental objectives of Islamic law, including the safeguarding of religion, soul, intellect, heredity, property, and self-esteem, plays a crucial role in reinterpreting the concept of zhihar to serve the benefit of the ummah in the contemporary era. By conducting a textual and contextual study of the Qur'an, the sunnah of the Prophet, and the opinions of scholars, this article concludes that zhihar in the modern context should be viewed as a means of protecting family honor and preserving the harmony of the marital relationship. The study utilizes a descriptive-analytical method, guided by the maqasid Shari'ah approach, to assess the relevance and application of zhihar in the context of Muslim life today, thereby providing a comprehensive understanding of the topic. [ABSTRACT FROM AUTHOR]

This global religion, which addresses all people of every race across the entire earth, must possess characteristics and features that are in line with the conditions and circumstances of people in different regions of the world. Therefore, it comes with rulings and legislation characterized by ease and flexibility. There is no religious duty or ritual that lacks the divine facilitation, making it possible for individuals to practice them, as God Almighty never burdens a soul beyond its capacity, This article highlights the manifestations of ease in Islamic law regarding acts of worship, focusing on how this principle is applied in various aspects of worship. It begins by defining ease and explains how it facilitates the performance of worship through Quranic texts and prophetic traditions. It discusses major acts of worship such as prayer, fasting, almsgiving, and pilgrimage, illustrating how they are made easier according to individual needs and circumstances, The principle of ease and tolerance in Islam is clearly evident in acts of worship, as all these acts are based on the principle of facilitation and easing the burden on people. Allah has distinguished the Muslim Ummah from other nations through this ease. [ABSTRACT FROM AUTHOR]

Ectopic pregnancy (EP) is a significant cause of maternal morbidity and mortality. This study aimed to explore the understanding and experience of women with EP in the Islamic Republic of Iran. This qualitative study carried out through a Heideggerian hermeneutic/interpretative phenomenological approach, using face-to-face semi-structured phenomenological interviews with twenty-five participants referred to a public maternity hospital in Rasht, Iran. Data were collected and analyzed using the seven-step analytical approach of Dickelman et al. (The NLN criteria of appraisal of baccalaureate programs: A critical hermeneutic analysis, NLN Press, 1989; Journal of Nursing Education. 32:245–250, 1993) to phenomenological studies. The results reveal how living in the shadow of Islamic Sharia Law in Iran turns EP into a trauma and creates a different experience and meaning of EP for each woman. In this view, multiple factors, including 'family support' and 'faith in Islamic Sharia,' have determined how married women experience sociocultural and psychological consequences of EP. These findings apply to women with EP in Iran. Given that EP is more than an anomalous pregnancy with socially culturally constructed suffering in the context of the Islamic Republic of Iran. Hence, policymakers and healthcare providers should consider a multidimensional approach to this devastating event in pregnancy and support and empower the women whose dream of motherhood is jeopardized and terminated by the experience of EP. [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.)

Islamic Sharia in its implementation in Aceh and the Middle East is full of issues that hinder its implementation. Human rights issues are one form of obstacles and contradictions that are often faced in the implementation of Islamic law in Aceh and the Middle East. In this article, we analyze how Islamic Sharia is implemented in Aceh and the Middle East as well as the obstacles and contradictions faced by the governments of Aceh and the Middle East. The research method used to analyze the problem is using qualitative descriptions with library research data collection techniques. The results obtained from data analysis are that Aceh implemented the Qanun Jinayat which was structured in such a way that there were no elements that would undermine human rights (HAM). In this case, everything has been prepared in law and Qanun Jinayat with the aim of maintaining and respecting human values in Aceh so that the people in Aceh are not oppressed, and in successful implementation it is important to involve Aceh traditional institutions. Meanwhile, in the Middle East, the application of Islamic law is the main basis for establishing law. This is because the Koran and Hadith are the highest law in the Middle East or in other words the law of heaven.

This research explores the influence of affiliate marketing and flash sale programs on buying interest in the Shopee Marketplace, focusing on Islamic Economic law among consumers in Malang City in 2024. Using a case study approach, qualitative data from Shopee users in Malang City were analyzed to understand attitudes and buying patterns related to affiliate marketing and flash sales. Flash Sale transactions are examined under the Islamic Sharia contract of Ba’i As-Salam, which requires adherence to specific conditions for halal compliance. The study investigates the ethical dimensions of these practices within Islamic economic principles, emphasizing fairness, transparency, and social responsibility. The findings reveal a significant positive impact of affiliate marketing and flash sale programs on consumer behavior and buying interest. This study offers practical insights for marketers, policymakers, and stakeholders to balance commercial objectives with ethical standards in online retail environments like Shopee. [ABSTRACT FROM AUTHOR]

Kifalat is to be responsible, to stand sponsor, to ensure and to maintain. Food, Clothing and accommodation of Parents are the fundamental as well as Islamic rights. State and children are responsible to ensure these basic rights of parents. Land of the pure does not have any comprehensive constitutional protection to the basic necessities of Parents as enshrined in Islamic principles. The privileges of Parents and obligations of children to them have greatly been emphasized in all the Religions of the world in general and especially in Islam. In light of Guidelines laid in Holy Quran and the Hadith, Jurists of all Sects in Islam are unanimous that financially stable Children are bound to support their parents who are unable to maintain themselves. In west, tendency of leaving Parents at the disposal of Old Homes is at climax. Here, in Asian Societies, this trend is also getting light of the day. In instant era of rapid downfall of morality and ethics in Pakistan, the majority of Broods in Pakistani Society are found having least interest in taking care of their Parenthoods and this practice is totally against the Spirit of Islam. Race to follow western dominated Civilization, Materialism, Character-lessness and Modernity have deteriorated the very norms of Islamic Society. Some Concrete and urgent steps in right direction of proclamation of new legislations ensuring the basic rights of parents are need of the hour. This Pakistani society created upon Islamic Principles is at its threshold in absence of Tangible Legislation. [ABSTRACT FROM AUTHOR]

Copyright of Lex Humana is the property of Lex Humana 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 study aims to determine the roles of Dayah as an Islamic educational institution in providing understanding and awareness for Acehnese regarding implementing Islamic law in Aceh. This study uses a qualitative research method with a multi-case study approach. The locus of research is three Islamic boarding schools (Dayah) in Aceh with three different models. Data was taken from documentation and in-depth interviews with students and teachers at related institutions. The sampling technique used a combination of purposive and snowball techniques. Data collection uses in-depth interviews and documentation techniques. Data analysis uses an interactive analysis model from Miles and Huberman. Triangulation techniques are used to ensure the validity of the data. The results of this study indicate that Dayah education has at least two main roles. First, the role of creating a society that can accept Islamic law properly. Second, the role of forming a government that can create Islamic Sharia regulations that follow the culture of the Acehnese. This can be channeled for public education by transferring understanding from Teungku Dayah to Teungku Imum through the Aceh government as an intermediary. Dayah alumni can also help in terms of the role of public education with da'wah via behavior, speech, and writing. Practically, the dayah teacher plays a role in implementing Islamic law in four roles: teacher, practitioner of sharia, observer, and mentor. In the conclusion, Islamic education in Aceh has two key roles: shaping society to follow Islamic law and adapting Sharia regulations to Acehnese culture. Recommendations include seeking guidance from qualified clerics, and stakeholders should prioritize their roles in achieving this. Future research on Aceh's Islamic law should consider local socio-religious and socio-cultural factors.This study aims to determine the roles of Dayah as an Islamic educational institution in providing understanding and awareness for Acehnese regarding implementing Islamic law in Aceh. This study uses a qualitative research method with a multi-case study approach. The locus of research is three Islamic boarding schools (Dayah) in Aceh with three different models. Data was taken from documentation and in-depth interviews with students and teachers at related institutions. The sampling technique used a combination of purposive and snowball techniques. Data collection uses in-depth interviews and documentation techniques. Data analysis uses an interactive analysis model from Miles and Huberman. Triangulation techniques are used to ensure the validity of the data. The results of this study indicate that Dayah education has at least two main roles. First, the role of creating a society that can accept Islamic law properly. Second, the role of forming a government that can create Islamic Sharia regulations that follow the culture of the Acehnese. This can be channeled for public education by transferring understanding from Teungku Dayah to Teungku Imum through the Aceh government as an intermediary. Dayah alumni can also help in terms of the role of public education with da'wah via behavior, speech, and writing. Practically, the dayah teacher plays a role in implementing Islamic law in four roles: teacher, practitioner of sharia, observer, and mentor. In the conclusion, Islamic education in Aceh has two key roles: shaping society to follow Islamic law and adapting Sharia regulations to Acehnese culture. Recommendations include seeking guidance from qualified clerics, and stakeholders should prioritize their roles in achieving this. Future research on Aceh's Islamic law should consider local socio-religious and socio-cultural factors.

The main purpose of implementing Shari’a is to benefit humanity in all areas of life in this worldly life and the hereafter. Based on this circumstance, this article critically sheds light on the existing implementation of Acehnese Shari’a by examining its scope and the existing qanun issued to seek that purpose. This article is grounded in a qualitative research query with a reflective approach. This study finds that the existing scope of the Acehnese Shari’a has not responded to the ideal of Shari`a, which is based on maqashid presumptions; dharuriyat, hajiah and tahsinat. The results of this study indicate that the application of Shari’a in Aceh is far from the goal of ideal Shari’a for its application does not cover every aspect of life, but is limited to only covers legal aspects (punishment). This study also shows that Acehnese Shari’a has not ruled over political affairs, governing system, health issues, economic matters, and defense issues. Therefore, the scope of Acehnese Shari`a implementation should be reconstructed in order to respond to the ideal Shari’a, which is universal and inclusive. [Tujuan utama penerapan syariat Islam adalah untuk mencapai kemaslahatan umat manusia dalam segala bidang kehidupan di dunia dan di akhirat. Berdasarkan hal tersebut, artikel ini mencari peta implementasi penerapan syariat Islam di Aceh antara idealisme dengan realitas kekinian. Metode penelitian dalam artikel ini adalah penelitian kualitatif dengan pendekatan reflektif. Kajian ini mencerminkan cita-cita penerapan syariat Islam di Aceh dengan realitas yang terjadi, kemudian menyajikan roadmap agar syariat Islam dapat diterapkan di Aceh sesuai dengan ide dasarnya. Hasil penelitian ini menunjukan bahwa penerapan syariat Islam di Aceh jauh dari tujuan syariat Islam karena syariat Islam tidak muncul kecuali di bidang hukum (hukuman), dan juga kajian ini menunjukan bahwa syariat Islam di Aceh belum menyentuh permasalah politik, pemerintahan, kesehatan, ekonomi, pertahanan, pendidikan, sosial budaya, dan lingkungan, Oleh karena itu, peta implementasi harus direkonstruksi untuk menerapkan syariat Islam yang sesuai dengan cita-cita penerapan syariat Islam di Aceh]

This paper examines how Islamic and customary laws govern environmental management in Aceh using a qualitative normative juridical approach. Data were collected from various literature and documents related to the topic and analyzed through constitutional, historical, and Islamic frameworks. The findings reveal an intrinsic connection between Islamic Shari'a and Aceh Customary Law, as illustrated by the hadith "Adat ngon hukom lagee zat ngon sifeut," indicating that all customary environmental management aligns with Islamic principles. For example, a hadith states that cutting down a sidr tree results in severe consequences, and Aceh's customary law prohibits the felling of trees such as tualang, kemuning, and ketapang without permission from the Keujreun. Additionally, livestock owners must ensure their animals are contained and not allowed to graze near sensitive areas like springs. Under Islamic Law, all humans possess the legal status of muhtaram, necessitating the protection of their rights and the rights of all living and non-living entities.

This research aims to compare the hearing testimony of English law with hearing testimony in Islamic Sharia. The article uses comparative ‎analytical descriptive method by ‎comparing English law as a basis ‎with Islamic law. ‎The data were collected from secondary data extracted from books, scientific journal, and websites. the result showed that the testimony on hearing is not in place of the incident to be proven, but rather the ‎opinion of the people in this incident. Also, English law defines several types of testimony on hearing, the most important of which ‎are: ‎ Oral testimony on hearing, certificate written on the auscultation, and certification of tolerance through a specific behavior.‎ The reserch provide some recommendations including the adoption of the testimony of tolerance in the Iraqi Evidence Law, in the manner of Islamic ‎Sharia and by proposing a legal article as:‎ It is permissible to accept the testimony of what people hear, in cases of lineage, death, ‎and marriage, and in what the witness did not suffer. Finally, the witness’s testimony is accepted if he is told by two just men, or a man and two ‎women, who he trusts. ‎

This research aims to compare the hearing testimony of English law with hearing testimony in Islamic Sharia. The article uses comparative analytical descriptive method by comparing English law as a basis with Islamic law. The data were collected from secondary data extracted from books, scientific journal, and websites. The result showed that the testimony on hearing is not in place of the incident to be proven, but rather the opinion of the people in this incident. Furthermore, English law defines several types of testimony on hearing, the most important of which are: Oral testimony on hearing, certificate written on the auscultation, and certification of tolerance through a specific behavior. The research provide some recommendations including the adoption of the testimony of tolerance in the Iraqi Evidence Law, in the manner of Islamic Sharia and by proposing a legal article as: It is permissible to accept the testimony of what people hear, in cases of lineage, death, and marriage, and in what the witness did not suffer. Finally, the witness's testimony is accepted if he is told by two just men, or a man and two women, who he trusts. [ABSTRACT FROM AUTHOR]

The issue of Water Trade or Selling Water is one of the most important topics that is widely discussed these days, indeed, water is a very important component for the survival of beings on earth and an essential substance on which the lives of all creatures including human, depends on water, as Allah Almighty said: (And we have made of water everything living). Moreover, the fresh water, which is suitable for life and different usage, constitutes only 1% of the resources available in the world and the rest is saltwater that is not suitable for human consumption, agriculture, and even not suitable for many industrial uses. Considering that many companies these days utilize water, or monopolize water and sale it at high prices, where only the rich people can buy it, while the poor die of thirst, or fall into deadly diseases due to the contaminated water they drink. And likewise, many areas, villages and even countries have share in the rivers and watercourse and every village or country attempt to exploit and use the largest share of the river water without considering the interests of other common countries, and selling their water to other regions and countries, that may stir up a dispute between the riparian states and regions over the sale and purchase of water. Having said that, this requires us to clarify the position of Islamic Sharia towards the Trade or selling of different types of water, and hence we selected to write this research entitled: “Water Trade (Selling water) from an Islamic Sharia Perspective - a comparative analytical jurisprudence study”. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Tikrit University for Humanities 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.)

This research is entitled Surviving in the Veranda of Mecca: The Existence of Chinese Community in Gampong Peunayong, Kuta Alam District, Banda Aceh. This research aims to understand the social situation of the Tinghoa ethnicity and the relationship between the Chinese ethnicity and the People of Aceh, as well as understand the life of the Chinese ethnicity while implementing Islamic law in Aceh. This study uses a descriptive qualitative research method. The data collection techniques for this research were observation, interviews, and library research. The object of this study is the people of Gampong Peunayong, both Acehnese and Chinese ethnicity. The results show that Chinese ethnicity in Gampong Peunayong provided responses generated through interactions between Chinese and Acehnese. Responses and feedback from the public varied depending on their respective perspectives in the form of positive and negative responses. [ABSTRACT FROM AUTHOR]

The rights of convicts as Indonesian citizens who lost their independence due to criminal acts must be carried out in accordance with human rights. One of them is the right to obtain adequate food and beverage services that meet nutritional and health standards in accordance with the provisions of laws and regulations. In addition, Islamic sharia (law) also regulates the rights of convicts to get good and halal food and drink. This requirement is an order from the Al-Quran and Hadith. The problem of this research is how to organize food according to the provisions of laws and regulations and the provisions of Islamic law. This research used sociological research method. According to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials. The secondary legal materials in this research consist of books, scientific journals, papers and scientific articles that can provide explanations of the primary legal materials. The results of the research found that in practice it was still found in Correctional Institutions that the rights of convicts had not been given in accordance with their rights as citizens. This is caused by several factors, including the lack of understanding of the regulations regarding the rights of convicts contained in the Law and sharia law by correctional Institution officers or even by the convicts themselves. Correctional officers need to be given dissemination regarding their obligation to provide food for convicts in accordance with laws and regulations.

The main purpose of implementing Shari'a is to benefit humanity in all areas of life in this worldly life and the hereafter. Based on this circumstance, this article critically sheds light on the existing implementation of Acehnese Shari'a by examining its scope and the existing qanun issued to seek that purpose. This article is grounded in a qualitative research query with a reflective approach. This study finds that the existing scope of the Acehnese Shari'a has not responded to the ideal of Shari'a, which is based on maqashid presumptions; dharuriyat, hajiah and tahsinat. The results of this study indicate that the application of Shari'a in Aceh is far from the goal of ideal Shari'a for its application does not cover every aspect of life, but is limited to only covers legal aspects (punishment). This study also shows that Acehnese Shari'a has not ruled over political affairs, governing system, health issues, economic matters, and defense issues. Therefore, the scope of Acehnese Shari'a implementation should be reconstructed in order to respond to the ideal Shari'a, which is universal and inclusive. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Economic Administrative & Legal Sciences is the property of Arab Journal of Sciences & Research Publishing (AJSRP) 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 International Journal on Humanities & Social Sciences is the property of International Journal on Humanities & Social Sciences 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.)

Marriage is the oldest and most important social legal institution. It is the basis of the family and its duty is to perform numerous social functions. Humans, in their life, as a primary goal have marital union, family creation, living conditions, personal and family well-being. Humans complete themselves with a healthy marriage and with the creation of a healthy family. The basis of the family in Islam is the almost precisely defined blood relationship and the marital agreement. Whereas marriage in secular law is a specific union, from the content of which derive its purposes. The purposes of marriage in secular law are: the purpose of cohabitation, the purpose of marital solidarity and the social purpose. Islam shows special care in strengthening the family and protecting it from everything that damages and undermines its structure, because the organisation of the family with its members guarantees the organisation of individuals and society in general. Islam has an average position between categorical prohibition and unqualified liberalization of divorce. While according to Islamic Sharia divorce is an act of the will, of the wife or the husband, to request if the marital relationship has been seriously or continuously disrupted, or when for other reasons it has been irrevocably dissolved. According to secular law, divorce cannot occur otherwise except by decision of the competent court, at the request of one spouse, or both.

Indonesia is a country that is rich in unique and interesting cultures and traditions from various parts of the island of Sabang to Merauke which should be proud, preserved and preserved. One of them is the culture that comes from the Sasak tribe in Lombok, West Nusa Tenggara. The Sasak tribe is one of the tribes in Indonesia who live on the island of Lombok using the Sasak language as its regional language. The Sasak tribe has one unique culture that is still practised by its people today, namely the Merariq culture. Merariq culture is one of a series of marriage processes by taking away the beloved bride. However, the merariq culture is considered inappropriate when viewed from Islamic law, which is the religion of the majority of the Sasak people. In Islam, marriage or marriage in terms of its meaning is to gather and unite. Marriage in Islam is an act that is legalized, has the value of worship and is confirmed in the holy book of the Al-Quran. This article aims to explain the contradiction of merariq culture from the perspective of Islamic law. This article uses a literature study research method. The results showed that in this merariq culture not all aspects violate Islamic law, including in merariq culture there is a procession of the marriage contract which is the legal reference for the bride and groom as a halal partner.

Copyright of Al Bashaer Economic Journal is the property of Al Bashaer Economic 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.)

Transgender naturally have sex anatomical differences and cannot be categorically classified as male or female. Transgender children and adults are frequently stigmatised and exposed to a wide range of human rights breaches. In both culture and the law, transgender are neglected. Many human rights instruments fail to identify Transgender as rights holders, rather protecting “Male” and “Female”. Transgender are often unable to pursue their legal rights, even though those rights are clearly guaranteed by Sharia. Transgender people face discrimination in almost every aspect of their lives, including their personal lives. Though at any point, in case of rights, jurisprudence has not made any alteration between male, female, and Transgender. This article clarifies and reveals jurisprudential guidelines about civic rights of Transgender by highlighting the matters concerning their life, gender identity, education and employment. This study will also analyse the step taken by Pakistan highlighting the Bill passed by Ministry of Human rights of Pakistan in March, 2021 that provide protection, relief and rehabilitation of rights of the transgender. The qualitative study has been conducted. It is concluded that transgender is a human and deserve the same civic and other rights as “male” and “female”. [ABSTRACT FROM AUTHOR]

Tackling food safety violations worldwide in general and in the Kingdom of Saudi Arabia in particular is a major global concern that requires ongoing evaluation and revision of the food control systems and laws. This paper addresses the legal classification of food safety violations by reviewing and examining several cases of food safety violations in different countries, including Saudi Arabia. The study is based on theoretically driven research methods.It examines primary and secondary resources on the topic such as laws, precedents, academic books, journal articles and reliable websites. It concludes with some recommendations that could contribute to minimizing (if not preventing) food safety violations

Marriage is the oldest and most important social legal institution. It is the basis of the family and its duty is to perform numerous social functions. Humans, in their life, as a primary goal have marital union, family creation, living conditions, personal and family well-being. Humans complete themselves with a healthy marriage and with the creation of a healthy family. The basis of the family in Islam is the almost precisely defined blood relationship and the marital agreement. Whereas marriage in secular law is a specific union, from the content of which derive its purposes. The purposes of marriage in secular law are: the purpose of cohabitation, the purpose of marital solidarity and the social purpose. Islam shows special care in strengthening the family and protecting it from everything that damages and undermines its structure, because the organisation of the family with its members guarantees the organisation of individuals and society in general. Islam has an average position between categorical prohibition and unqualified liberalization of divorce. While according to Islamic Sharia divorce is an act of the will, of the wife or the husband, to request if the marital relationship has been seriously or continuously disrupted, or when for other reasons it has been irrevocably dissolved. According to secular law, divorce cannot occur otherwise except by decision of the competent court, at the request of one spouse, or both. [ABSTRACT FROM AUTHOR]

The tolerant spirit of Islam has inspired Ottoman rulers to adopt policies relating to non-Muslim citizens. The leadership crisis in the Ottoman Empire and the Western interests through capitulation have changed judicial system in the empire, including the system for non-Muslims that allows them to conduct their own judiciary and provide absolute freedom of religious matters. Tanzimāt, which is expected to bring improvements to the legislation system in Ottoman Empire, has marginalized Islamic law which is only enforced in aḥwāl al-shakhṣiyyah. Sultan Abdul Hamid II tried to maintain Islamic law by codifying Western European style. Some legal codifications contain qawāid fiqhiyyah (principles of Islamic law) which are sourced from the books of the Hanafi School of jurisprudence, and some others adopt Western laws by taking a few opinions of Islamic jurisprudence. This study analyzed various literatures related to policies towards non-Muslim citizens in the Ottoman era. The study uses descriptive and qualitative methods with a content analysis approach. Broadly speaking, this study found that the Ottoman Empire had given good treatment to non-Muslim citizens. The non-Muslim citizens get various facilities from the State, including the establishment of special institutions that handle their own affairs, although at the same time they have been used by Western countries to support their interests in Ottoman Empire.

Recently, many anti-pancasila cases have appeared in the mass media, both in print and in electronic form. The place is not only the village community, but also the city people who actually have the character of a plural society, are aware of the differences and even have an individualistic attitude. In rural communities, it usually holds the values of togetherness, mutual love and upbringing and respect-respect and respects each other. In fact, a slight difference can lead to a case of intolerance. This study aims to determine how the views and attitudes of rural communities in West Aceh, an area that enforces Islamic law against the values of Pancasila. It also aims to find out how the loyalty of rural communities in West Aceh to the ideology of Pancasila. This research uses a qualitative method. The informant is determined by purposive sampling, that is selecting the community as an informant according to the expertise, and the mentioned expertise is meant to understand the problem that becomes the subject of this study. The results show that Pancasila is only known by the older generation and this generation understands that the values of Pancasila run as a tolerance setting, so that citizens do not discriminate against the existence of people outside of Aceh, let alone outside the region. This generation also understands that the implementation of Islamic law is a loyalty to the ideology of Pancasila because the first principle is expressed as faith in the Mahaesa. So there is no contradiction between the Islamic Shari'a and Pancasila. Unfortunately, the younger generation does not understand how Pancasila is. This generation has never received socialization about Pancasila and only knows about the flag ceremony, which often reads the Pancasila text. The researcher's interpretation is that after the 1998 Reformation, the community did not experience the socialization of Pancasila values. Unfortunately, some understand that Pancasila and the Islamic Sharia'ah are contradictory. In this narrow sense, it can threaten the existence of Pancasila. But by and large, the contradiction is limited because of the religious differences that can still be harmonized values of unity.

This article aims at explaining the theory of mudharabah in Islamic Sharia and its application in Islamic banking and the development of the Islamic economy in Indonesia. This study is based on field research. The method of analysis of the data used is the analysis of the content on the messages received from mudharabah in Islamic law and its application in Islamic banks and the development of the Islamic economy. The result of this research is that mudharabah is one of the most important and oldest forms of investment of funds in the Islamic Sharia. The fuqaha have agreed on the legality of mudharabah, and the evidence of legality, from the al-Qur’an, Sunnah, Ijma’, and Qiyas. The mudharabah formula in Islamic banks came as a legitimate alternative to traditional financing operations. It is one of the most important forms of Islamic finance and is thought to have been the cause of Islamic banks, which are said to be the Islamic financing formula. In Islamic banks, mudharabah is divided into absolute mudharabah and restricted mudharabah. The economic concept of mudharabah in the economic literature goes to the stock exchange and its predictions of market fluctuations. The investor may have to pay the price differentials in the case of lower prices.

Irrespective of the existence of a legislative environment complying with the most recent international texts in the field of Arbitration in most GCC states; such as UNCITRAL Model Law of international Commercial Arbitration, 1985, Islamic sharia may not be sufficiently clear to foreign investors and western jurists who might consider it as an impediment jeopardizing recognition and enforcement of arbitral proceedings in Arab states especially in GCC. This article clarifies the relationship between Arbitration and the real concepts of Islamic sharia, concluding that rules of Islamic sharia would not be an impediment to the enforcement of Arbitral Awards in GCC states. The article illustrates the real concept of Islamic sharia as a part of public policy and analyzes the attitudes of recent GCC legislations, and court decisions, concerning matters looking contradictory to Islamic sharia and might constitute a legal ground to challenge arbitral awards, such as religion and gender of Arbitrators, interest rates and aleatory contracts.

Irrespective of the existence of a legislative environment complying with the most recent international texts in the field of Arbitration in most GCC states; such as UNCITRAL Model Law of international Commercial Arbitration, 1985, Islamic sharia may not be sufficiently clear to foreign investors and western jurists who might consider it as an impediment jeopardizing recognition and enforcement of arbitral proceedings in Arab states especially in GCC. This article clarifies the relationship between Arbitration and the real concepts of Islamic sharia, concluding that rules of Islamic sharia would not be an impediment to the enforcement of Arbitral Awards in GCC states. The article illustrates the real concept of Islamic sharia as a part of public policy and analyzes the attitudes of recent GCC legislations, and court decisions, concerning matters looking contradictory to Islamic sharia and might constitute a legal ground to challenge arbitral awards, such as religion and gender of Arbitrators, interest rates and aleatory contracts.

Copyright of Journal of Historical & Cultural Studies an Academic Magazine 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.)

Abstract This paper discusses one of the phenomena that erupted Post-Reformation is a desire to make rules in areas removed from the spirit of Islamic law. Appearing later legislation on dressmaking, ask for compensation as well curfew for women. Understanding Islamic Sharia in the context of a plural society like Indonesia is a research question asked in this paper. In conclusion, the substance of the Shari'a must first be made as reference material from the formalist Shari'a. Keywords: Islamic Sharia, Islamization, State Abstrak Tulisan ini membahas salah satu fenomena yang merebak Pasca Reformasi yakni keinginan untuk membuat peraturan di daerah yang disarikan dari semangat hukum Islam. Muncul kemudian legislasi tentang tata busana, kewajiban moral serta pembatasan jam malam bagi perempuan. Memahami Syariat Islam dalam konteks masyarakat yang plural seperti Indonesia adalah pertanyaan penelitian yang hendak dibahas dalam tulisan ini. Sebagai kesimpulan, syariat substantif harus terlebih dahulu dijadikan sebagai bahan rujukan daripada syariat formalis. Kata Kunci: Syariat Islam, Islamisasi, Negara

Copyright of IUG Journal of Sharia & Law Studies is the property of Islamic University of Gaza 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 IUG Journal of Sharia & Law Studies is the property of Islamic University of Gaza 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.)

Although sophisticated discoveries in the feld of science and technology have been found, human beings are still continuing to face the problems of life, such as injustice, social imbalance, arbitrariness, and greed. They forget that religion is still needed to solve these problems. In Islam, al-Qur’an and its teachings are the answer for these problems. This article tries to prove it through an analyzing Muhammad Abdullah Diraz’s thought. As a Muslim scholar, Diraz is able to integrate Islamic and Western knowledge. His thoughts have a strong characteristic in combining the naqli and aqli, fqh nas} and fqh wâqi’. According to Diraz one of the miracles of the Qur’an is that its sharias are not owned by other rules, in terms of methods, concepts, and contents. One of the main points of miracles of the Qur’anic laws is its ability to unify the two things that always contradict. The laws of the Qur’an are gentle but frm, fair but loving, simple but flexible, idealistic but realistic. All combined in a suitable and balanced portion. These features are what Diraz attempts to present in his studies of al-Qur’an. Diraz’s theory is very appropriate to be a foothold in offering the laws of al-Qur’an to the people of the world who are in confusion looking for a way out of their problems.

The reason of writing this article is the problem and mistake come from the contemporary Muslim thinkers who made mas}lah}at as the only benchmark in Islamic law, they even assumed that mas}lah}at is more important than the sharia itself. From this they concluded that deconstructing sharia based on mas}lah}at is permissible. They built their argument on the basis of the ijtihâd done by ‘Umar bin Khattab. At that time, ‘Umar broke the law of hand cuts for theft, stoped giving zakat for the converts, and did not give the spoils land to the soldiers. In fact, according to contemporary Muslim thinkers, these three things have been determined in the Qur’an and Sunnah of the Prophet SAW. It means ‘Umar bin Khattab’s ijtihâd is a breakthrough in liberal thinking. ‘Umar dared to contrary what was established in the Qur’an and the hadith of the Prophet. Then, ‘Umar is regarded as a fgure who has applied hermeneutic methods in Islamic law. This thought actually is a mistake. The contemporary thinkers only thought partially and did not discuss ‘Umar’s ijtihâd thoroughly and deeply. By referring to earlier Muslim scholars, this article try to prove that ‘Umar’ ijtihâd is an attempt to implement the Islamic Shari’a, despite elimiting or dismissing Islamic Shari’a itself as the above thinkers claim.

Revitalisasi ideologi dalam perspektif Islam, baik pada tingkat nasional maupun global selalu bermuara pada aspirasi dan tuntutan untuk mengimplementasikan syariat atau hukum Islam secara total (kaffah). Dalam Negara hukum Indonesia, aspirasi dan tuntutan semacam itu tidak selalu bisa dipenuhi. Hal ini karena Negara hukum Indonesia, sejak awal dibangun atas dasar semangat kebangsaan yang didasarkan atas prinsip ketuhanan, kemanusiaan, keadilan, dan kesetaraan atau persamaan bagi setiap warga Negara didepan hukum. Oleh karena itu aspirasi dan tuntutan penerapan syariat Islam selalu mengalami kendala bila didalamnya terdapat unsur diskriminatif atau unsur lain yang dapat menghilangkan jaminan dan perlindungan terhadap hak asasi warga negara yang sudah dijamin oleh konstitusi. Paper ini akan menjelaskan tentang pengertian dan karakter syariat, tujuan syariat, model-model penerapan syariat di sejumlah Negara Muslim, model atau teori penerapan syariat Islam di Indonesia menurut sejumlah pakar, pilihahan atau alternative yang bisa digunakan untuk memperjuangkan aspirasi dan tuntutan implementasi syariat Islam di Indonesia dan ditutup dengan simpulan. Revitalization of ideology in Islamic perspective, both at national and global level always leads to aspirations and demands to implement sharia or Islamic law in total (kaffah). Within the legal State of Indonesia, such aspirations and demands can not always be met. This is because the Indonesian state of law, from the beginning built on the spirit of nationality based on the principle of divinity, humanity, justice, and equality or equality for every citizen in front of the law. Therefore, the aspirations and demands of the application of Islamic Sharia always experience constraints if in it there are discriminative elements or other elements that can eliminate the guarantee and protection of citizens rights that have been guaranteed by the constitution. This paper will explain the understanding and character of the Sharia, the purpose of Sharia, models of Sharia application in some Muslim countries, the model or theory of application of Islamic Shariah in Indonesia according to some experts, alternatives or alternatives that can be used to fight for aspirations and demands of the implementation of Islamic Shariah Indonesia and concluded.

The tolerant spirit of Islam has inspired Ottoman rulers to adopt policies relating to non-Muslim citizens. The leadership crisis in the Ottoman Empire and the Western interests through capitulation have changed the judicial system in the empire, including the system for the non-Muslims that allows them to conduct their judiciary and provide absolute freedom of religious matters. Tanzimāt, which is expected to bring improvements to the legislation system in Ottoman Empire, has marginalized Islamic law which is only enforced in aḥwāl al-shakhṣiyyah. Sultan Abdul Hamid II tried to maintain Islamic law by codifying Western European style. Some legal codifications contain qawāid fiqhiyyah (principles of Islamic law) which are sourced from the books of the Hanafi School of jurisprudence, and some others adopt Western laws by taking a few opinions of Islamic jurisprudence. This study analyzed various literatures related to policies towards non-Muslim citizens in the Ottoman era. The study uses descriptive and qualitative methods with a content analysis approach. Broadly speaking, this study found that the Ottoman Empire had given proper treatment to non-Muslim citizens. The non-Muslim citizens get various facilities from the State, including the establishment of special institutions that handle their affairs, although at the same time they have been used by Western countries to support their interests in Ottoman Empire. [ABSTRACT FROM AUTHOR]

Human rights constitute a significant aspect of the law. Human rights are protected by national and international legal and judicial apparatuses. In addition, promoting respect for human rights is a key purpose of the United Nations (UN) and its international bodies, such as the UN Human Rights Council, established in 2006, and the International Criminal Court, created in 1998. The UN has also issued a variety of protocols, declarations and agreements regarding human rights and their protection, specifically the Universal Declaration of Human Rights in 1948 and the International Convention on Civil and Political Rights in 1966. In the Kingdom of Saudi Arabia, Saudi legislation has initiated and allowed various Saudi human rights institutions, namely the Saudi Human Rights Commission and Saudi National Society for Human Rights. In particular, Saudi legislation has focused on Sharia principles when it comes to the interpretation and implementation of secular international human rights laws. Saudi legislation has enacted a variety of contemporary human rights laws, including the Child Protection Law and the Law of Protection from Abuse. The human cost of terrorism has been felt virtually in every part of the globe. Terrorism has disrupted peace, security, liberty and physical integrity of individuals at every level. Protection and security of its individuals is a fundamental obligation of the state. Accordingly, the Kingdom of Saudi Arabia has taken several legal measures, allowed under Islamic Sharia and International laws, to ensure the protection of human rights of its citizens and residents and safeguard the society against possible threats of terrorism and bring the criminals to justice. Saudi legislation has ensured human rights applications in other Saudi criminal laws, such as the Saudi Criminal Procedure Law of 2002, amended in 2014 (hereinafter SCPL), and the Saudi Law of Terrorist Crimes of 2014 (hereinafter SLTC). This short commentary provides a concise summary about the existing Saudi legislation related to terrorist crimes and human rights protection. of what we have created, with [definite] preference” [5]. Moreover, Article 26 of the Saudi Basic Law of Governance states that “The State shall protect human rights in accordance with the Islamic Sharia” [6]. Therefore, it can be seen that the protection of human rights in Saudi Arabia is constitutional since it is encouraged by Islamic principles and Saudi laws. Human rights are usually discussed with specific regard to the implementation of criminal punishment and procedure. Therefore, human rights are the subject matter of lots of international debates and conferences. In recent times, the majority of the countries all over the world, and especially Saudi Arabia, have suffered from terrorism. Saudi Arabia has enacted a variety of criminal laws that look after the benefits of Saudi society, one of which is the Saudi Law of Terrorist Crimes (SLTC). This law examines terrorism incidents and facilitates Saudi authorities to protect the society from terrorism and terrorists. This law contains 41 legal clauses. It explains the criminal procedure for terrorist crimes as well as referring to the superior law, which is Saudi Criminal Procedure Law (SCPL), and addresses any legal clause that is not provided in the SLTC (Article 40 of the SLTC). This commentary briefly looks at human rights protection identified under the SLTC.

The glory of Aceh Darussalam Kingdom in the past cannot be separated from the complete application of Islamic Sharia (kāffah) as the way of life in Aceh. Reflecting the historical past, the implementation of Sharia in Aceh in the present context is absolutely necessary. However, today's enforcement must refer to the three foundations, namely judicial, sociological, and philosophical. The most fundamental of juridical basis is the Constitution of 1945 (UUD 1945) Chapter XI on Religion and paragraph 2 of Article 29, new amendment of Article 18A paragraph 1 and Article 18B paragraph 1. The implementing of Sharia law in Aceh began with the birth law No. 44/1999 regarding the Implementation Features Special of Aceh Province, then refined by law No. 18/2001 on Special Autonomy for Aceh Province as Nanggroe Aceh Darussalam province. Then it is continued by the Law Number 11/2006 on the Governing of Aceh (UUPA). The sociological ground is majority Muslim of Acehnese can receive all the products based on Islamic Sharia law. The philosophical foundation, Islamic law, should be enforced based on the Qur'an and Hadith recommended preserving religion, life, property, lineage, and resourceful.

Political rights occupy in today's world a great significance because they open the way for individuals to share practicing power , and since they are like other human rights and liberties subject to violations and abuses by public authorities in the state so it was necessary to find a way to provide real protection from any abuse or violation Judiciary is in fact the only means capable of providing such protection by stopping and deterring the abuses of public authorities , and these rights are provided by Islam like other rights where Islamic judiciary has plaqed a prominent role in protecting them.

This study aims to investigate the effects of those factors which are responsible to determine the attitude of the customers towards Islamic banking. This study is based on self developed40 items questionnaire grouped in 7 main variables. 300 Questionnaire were distributed through convenience sampling among the customers out of which 265 questionnaires a good response rate of 88.33% was received. Correlation and regression test were applied to the collected data and research findings show that cost effectiveness, Service facilitation and intention to use has more significant effect on the attitude of the customers than other factors like religious compliance and social influence. [ABSTRACT FROM AUTHOR]