A Study on the Offence of Insult at Prophet on the Basis of Islamic
... language or no attention to the meanings of words or quotes from others is or that does not insult his meaning, Saab is not, and his claim is heard. A case in point is Article 263 of the 2013 Islamic punishment laws. It should be noted that as drunk and insulting the prophet is reluctant obstacles w ...
... language or no attention to the meanings of words or quotes from others is or that does not insult his meaning, Saab is not, and his claim is heard. A case in point is Article 263 of the 2013 Islamic punishment laws. It should be noted that as drunk and insulting the prophet is reluctant obstacles w ...
Print this article - journal of indonesian islam
... therefore was a preventative measure. Unlike others, therefore, who have accused Hungronje of opposing Islam as a religion, Benda argues that the enemy perceived by Hungronje was not Islam the faith but Islam the political doctrine–one which could stir up local passions and lead to Pan-Islamism.20 H ...
... therefore was a preventative measure. Unlike others, therefore, who have accused Hungronje of opposing Islam as a religion, Benda argues that the enemy perceived by Hungronje was not Islam the faith but Islam the political doctrine–one which could stir up local passions and lead to Pan-Islamism.20 H ...
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... complexity of the processes of analysis was compounded by a number of factors that pertain to existing gaps, insufficiencies, ambiguities, and contradictions in and among the sources of law. Usul al-fiqh is, to a large extent, a road map of what the law is, how it is to be applied, and where necessa ...
... complexity of the processes of analysis was compounded by a number of factors that pertain to existing gaps, insufficiencies, ambiguities, and contradictions in and among the sources of law. Usul al-fiqh is, to a large extent, a road map of what the law is, how it is to be applied, and where necessa ...
“Under The Hand” Divorce Islamic Law Study of the Implementation
... (KUA) Lamandau District, so they got Marriage Certificates. Ginting, Fitria Handayani, Divorce in “under the hand” marriage: A case study in the Kabanjahe District Court (Note 7). This study was conducted largely under the fact that divorce cases are based on those who perform under the hand marriag ...
... (KUA) Lamandau District, so they got Marriage Certificates. Ginting, Fitria Handayani, Divorce in “under the hand” marriage: A case study in the Kabanjahe District Court (Note 7). This study was conducted largely under the fact that divorce cases are based on those who perform under the hand marriag ...
- UM Research Repository
... qualification and a sound mind persons. At present, there are two categories of age requirement specified by the states Enactments, the first category is upon attaining the age of majority ( baligh) in accordance with Islamic law and the second category is attaining the age of eighteen years, failur ...
... qualification and a sound mind persons. At present, there are two categories of age requirement specified by the states Enactments, the first category is upon attaining the age of majority ( baligh) in accordance with Islamic law and the second category is attaining the age of eighteen years, failur ...
Why Earth`s inner core doesn`t melt?
... and where the burden is on the wife to legally contest it? There is no law binding the man, he can just act on his whim. This is absolutely unfair and must be stopped. Seeking a level playing field Let me cite a case from Madhya Pradesh where a woman who did not wake up when her husband returned lat ...
... and where the burden is on the wife to legally contest it? There is no law binding the man, he can just act on his whim. This is absolutely unfair and must be stopped. Seeking a level playing field Let me cite a case from Madhya Pradesh where a woman who did not wake up when her husband returned lat ...
Islamic Inheritance Law (Faraid) and Its Economic Implication
... in a society becomes difficult to achieve. Thus, we find two gaps in order to develop the society by practicing Faraid (i) the Muslim awareness toward the importance of it as religious obligation, and (ii) the science and implication of Faraid as one of the disciplines for society, especially in the ...
... in a society becomes difficult to achieve. Thus, we find two gaps in order to develop the society by practicing Faraid (i) the Muslim awareness toward the importance of it as religious obligation, and (ii) the science and implication of Faraid as one of the disciplines for society, especially in the ...
english-islamic-family-and-inheritance-law-in-switzerland-2006
... constituit)10. This is the concept which prevails in Switzerland where laws are made by parliament without the interference of religion. 2) Division of the society on the internal and external level A) Religious division of the society According to the Koranic perception, God sent different prophets ...
... constituit)10. This is the concept which prevails in Switzerland where laws are made by parliament without the interference of religion. 2) Division of the society on the internal and external level A) Religious division of the society According to the Koranic perception, God sent different prophets ...
The Islamic Concept of Meeting Place and its
... The Islamic Law of Contract: Definitions [2] To start with, it is apt to indicate that the evolution of the Islamic law of contract, in particular, is distinctive from any other legal system. Its rules were originally based on certain provisions addressing diverse issues of contract which were deriv ...
... The Islamic Law of Contract: Definitions [2] To start with, it is apt to indicate that the evolution of the Islamic law of contract, in particular, is distinctive from any other legal system. Its rules were originally based on certain provisions addressing diverse issues of contract which were deriv ...
Marriageable Age in Islam: A Study on
... brides, but rather, it was those women who had reached the age of majority. The problem that surfaced in the tradition that followed was a tendency to universalize Muhammad’s particular situation – marrying a nine-year-old girl – and then utilizing it as a normative guideline for all believers, rega ...
... brides, but rather, it was those women who had reached the age of majority. The problem that surfaced in the tradition that followed was a tendency to universalize Muhammad’s particular situation – marrying a nine-year-old girl – and then utilizing it as a normative guideline for all believers, rega ...
Jus ad Bellum in Modern Islamic Legal Discourse
... prime example; famously, the Ottoman Sultan, in his capacity as Caliph, attempted to issue binding moral commands even to Muslims living outside his sphere of political jurisdiction, including the Muslim citizens of the United Kingdom and France. But, by and large, modern Muslim states, including th ...
... prime example; famously, the Ottoman Sultan, in his capacity as Caliph, attempted to issue binding moral commands even to Muslims living outside his sphere of political jurisdiction, including the Muslim citizens of the United Kingdom and France. But, by and large, modern Muslim states, including th ...
The Role of Culture in the Creation of Islamic Law
... apply. To this conclusion-that the principles of Islamic law are God's infallible word-the outsider critic has no response because he or she is arguing against an article of faith. This conclusion does not, however, resolve the debate. The outsider may grant this assumption, but still maintain that ...
... apply. To this conclusion-that the principles of Islamic law are God's infallible word-the outsider critic has no response because he or she is arguing against an article of faith. This conclusion does not, however, resolve the debate. The outsider may grant this assumption, but still maintain that ...
the-qur2019an-sharia-and-women2019s-rights.pdf
... the private sphere any specific religious or cultural identities.”21 Laicite may be a specific and militant form of secularism, but secularism is itself a form of politics and no secular state is, or can be, above or beyond or outside this politics. Lastly, and this is just a passing observation, I ...
... the private sphere any specific religious or cultural identities.”21 Laicite may be a specific and militant form of secularism, but secularism is itself a form of politics and no secular state is, or can be, above or beyond or outside this politics. Lastly, and this is just a passing observation, I ...
The deconstruction of Sunnite Theory of Caliphate
... reference for Islamic Politics, we cannot help but forge new style of discourse to express this theory of Islamic politics towards not only Non-Muslims but also Muslim public, because the absolute majority of the contemporary Muslims are imbued with Western world-view and values and have no literacy ...
... reference for Islamic Politics, we cannot help but forge new style of discourse to express this theory of Islamic politics towards not only Non-Muslims but also Muslim public, because the absolute majority of the contemporary Muslims are imbued with Western world-view and values and have no literacy ...
Word Document - Women Living Under Muslim Laws
... binding upon oneself...the assertion that one is a Muslim only if one accepts the `Shari'ah' as binding on oneself, and, further, that the Shari'ah is divine, transcendent and eternal, can be seriously questioned (and, in my opinion should be). [Hassan n.d., 8] The interlocking of religion with law ...
... binding upon oneself...the assertion that one is a Muslim only if one accepts the `Shari'ah' as binding on oneself, and, further, that the Shari'ah is divine, transcendent and eternal, can be seriously questioned (and, in my opinion should be). [Hassan n.d., 8] The interlocking of religion with law ...
Developing gender sensitive curricula in Islamic law
... the subject from a legal perspective drawing upon primary and secondary sources as well as contemporary state practice. Such courses tend to present a combination of doctrine and application, highlighting the theory and practice within the Islamic legal tradition. Students often confuse teaching of ...
... the subject from a legal perspective drawing upon primary and secondary sources as well as contemporary state practice. Such courses tend to present a combination of doctrine and application, highlighting the theory and practice within the Islamic legal tradition. Students often confuse teaching of ...
IJTIHAD INSTITUTIONS: THE KEY TO ISLAMIC DEMOCRACY
... could mean “a section or compartment of life reserved for certain matters and separate, or at least separable, from other compartments of life designed to hold other matters.”18 But, in the Muslim world, religion was never so; attempts to separate it from the state are very unlikely to succeed.19 Th ...
... could mean “a section or compartment of life reserved for certain matters and separate, or at least separable, from other compartments of life designed to hold other matters.”18 But, in the Muslim world, religion was never so; attempts to separate it from the state are very unlikely to succeed.19 Th ...
Ambivalent Universalism? Jus ad Bellum in Modern Islamic Legal
... prime example; famously, the Ottoman Sultan, in his capacity as Caliph, attempted to issue binding moral commands even to Muslims living outside his sphere of political jurisdiction, including the Muslim citizens of the United Kingdom and France. But, by and large, modern Muslim states, including th ...
... prime example; famously, the Ottoman Sultan, in his capacity as Caliph, attempted to issue binding moral commands even to Muslims living outside his sphere of political jurisdiction, including the Muslim citizens of the United Kingdom and France. But, by and large, modern Muslim states, including th ...
Islamic Criminal Law and Procedure
... fflmiliar laws and practices, the codes facilitated trade. 43 Large-scale reception of European law occurred in the Ottoman empire during the so-called Tanzimat reforms of 1839-1876. French statutes provided the model for the 1850 Ottoman commercial code, which included a provision for the payment o ...
... fflmiliar laws and practices, the codes facilitated trade. 43 Large-scale reception of European law occurred in the Ottoman empire during the so-called Tanzimat reforms of 1839-1876. French statutes provided the model for the 1850 Ottoman commercial code, which included a provision for the payment o ...
Islam and Gender Justice
... control and subjugation of women throughout the history of the Muslim world, and continue to do so in modern times. In these matters, the various fiqh schools all share the same inner logic and patriarchal conception. If they differ, it is in the manner and extent to which they have translated this ...
... control and subjugation of women throughout the history of the Muslim world, and continue to do so in modern times. In these matters, the various fiqh schools all share the same inner logic and patriarchal conception. If they differ, it is in the manner and extent to which they have translated this ...
War and Islamic Humanitarian Law
... of the Islamic legal system, and its conception of relations between the Islamic world and the world outside it4. Islamic Humanitarian law is an integral part of Islamic international law (Siyar), which simply referred to as those rules and practices that sharia allows in international relations5. T ...
... of the Islamic legal system, and its conception of relations between the Islamic world and the world outside it4. Islamic Humanitarian law is an integral part of Islamic international law (Siyar), which simply referred to as those rules and practices that sharia allows in international relations5. T ...
International Law, Regional Developments
... The third means by which a person or property could obtain inviolability under Islamic law was through a grant of security (aman). The concept of the aman provided the normative foundation for medieval Muslim diplomatic practice. Any adult Muslim, free or slave, male or female (but not a dhimmi), co ...
... The third means by which a person or property could obtain inviolability under Islamic law was through a grant of security (aman). The concept of the aman provided the normative foundation for medieval Muslim diplomatic practice. Any adult Muslim, free or slave, male or female (but not a dhimmi), co ...
Shariah Decision Making
... In general, Shariah rulings are derived from the revealed sources namely the Quran and the Sunnah. It is undeniable that there are other sources that are recognised by the majority of jurists and are equally important in deriving Shariah rulings. In order to derive Shariah rulings from these sources ...
... In general, Shariah rulings are derived from the revealed sources namely the Quran and the Sunnah. It is undeniable that there are other sources that are recognised by the majority of jurists and are equally important in deriving Shariah rulings. In order to derive Shariah rulings from these sources ...
english (PDF, 8 pages, 920 kb)
... a Sharia principle, it must be definite, without being prone to interpretation or debate. The SCC’s definition served as a judicial innovation because it set a legal benchmark for the term “principles,” addressing one of the key challenges in enforcing Sharia law provisions: previously, the provisio ...
... a Sharia principle, it must be definite, without being prone to interpretation or debate. The SCC’s definition served as a judicial innovation because it set a legal benchmark for the term “principles,” addressing one of the key challenges in enforcing Sharia law provisions: previously, the provisio ...
the concept of jihad in islamic international law
... H. Kruse, The Foundations of Islamic International Law (1956) 4 n.42; S.G. VaseyFitzgerald, ‘Nature and Sources of the Sharia’, in M. Khadduri and H.J. Liebesny (ed.), Law in the Middle East (1955) 72; A. Rahim, Muhammadan Jurisprudence (1995); J. Schacht, Origins of Muhammadan Jurisprudence (1959); ...
... H. Kruse, The Foundations of Islamic International Law (1956) 4 n.42; S.G. VaseyFitzgerald, ‘Nature and Sources of the Sharia’, in M. Khadduri and H.J. Liebesny (ed.), Law in the Middle East (1955) 72; A. Rahim, Muhammadan Jurisprudence (1995); J. Schacht, Origins of Muhammadan Jurisprudence (1959); ...
French ban on face covering
The French ban on face covering (French: Loi interdisant la dissimulation du visage dans l'espace public, ""Act prohibiting concealment of the face in public space"") is an act of parliament passed by the Senate of France on 14 September 2010, resulting in the ban on the wearing of face-covering headgear, including masks, helmets, balaclava, niqābs and other veils covering the face in public places, except under specified circumstances. The ban also applies to the burqa, a full-body covering, if it covers the face. Consequently, full body costumes and Zentais (skin-tight garments covering entire body) were banned. The bill had previously been passed by the National Assembly of France on 13 July 2010.The key argument supporting this proposal is that face-coverings prevent the clear identification of a person, which is both a security risk, and a social hindrance within a society which relies on facial recognition and expression in communication. The key argument against the ban is that it encroaches on individual freedoms.As of 11 April 2011, it is illegal to wear a face-covering veil or other mask in public places such as the street, shops, museums, public transportation, and parks. Veils such as the chador, scarves and other headwear that do not cover the face, are not affected by this law and can be worn. The law applies to all citizens, including men and non-Muslims, who may not cover their face in public except where specifically provided by law (such as motor-bike riders and safety workers) and during established occasional events (such as some carnivals). The law imposes a fine of up to €150, and/or participation in citizenship education, for those who violate the law. The bill also penalises, with a fine of €30,000 and one year in prison, anyone who forces (by violence, threats, or abuse of power) another to wear face coverings; these penalties may be doubled if the victim is under the age of 18.As a result of the law, the only exceptions to a woman wearing a niqāb in public will be if she is travelling in a private car or worshiping in a religious place. French police say that while there are five million Muslims in France, fewer than 2,000 are thought to fully cover their faces with a veil. The wearing of all conspicuous religious symbols in public schools was previously banned in 2004 by a different law, the French law on secularity and conspicuous religious symbols in schools. This affected the wearing of Islamic veils and headscarves in schools, as well as turbans and other distinctive items of dress.The law was challenged and taken to the European Court of Human Rights which upheld the French law on 1 July 2014, accepting the argument of the French government that the law was based on ""a certain idea of living together"".