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Capacity is the legal right and empowerment of a legal person to individual responsibility. A legal person has the right to social, economic, and political duties and responsibilities in the society to sue and be sued in the law court. However, the issue
Miszairi Sitiris +1 more
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Ijtihad Scientific Dalam Hukum Islam (Refleksi Metodologis Penemuan Hukum Islam) [PDF]
This article is an attempt to offer an idea in integrating religions and scienceto answer the problems in the contemporary Islamic law. In this matter, thewriter proposes to employ an experiment as to answer the problem of theminimum age to get married ...
Muhibbuddin, M. (Muhammad)
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The Relationship Between Justification and Judgement in Usul Al-Fiqh
In Islamic jurisprudence, the issue of the relationship between the cause and the judgement, which is the main pillar of qiyas, which is accepted as the most common way of extending the ruling of the nass, is a subject that has a theoretical aspect as well as a practical aspect.
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In a seminal modern work of uṣūl al-fiqh, al-Ākhund al-Khurāsānī (d. 1911) argues that the two terms ṭalab (seeking) and irāda (willing) are coined to refer to a single concept.
Ali-Reza Bhojani
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Ius in Bello under Islamic International Law [PDF]
In 1966, Judge Jessup of the International Court of Justice pointed out that the appearance of an English translation of the teaching on the ‘Islamic law of nations’ of an eighth-century Islamic jurist (Shaybānī) is particularly timely and of so much ...
Badar, Mohamed
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Lima Prinsip Istinbat Kontemporer sebagai Konklusi Pembaharuan dalam Teori Penetapan Hukum Islam
Hukum Islam yang dalam penetapannya tidak dapat terlepas dari dalil-dalil al-Qur’an dan Sunnah yang bersifat terbatas, sedangkan kehidupan masyarakat terus berkembang dan dinamis.
Abbas Arfan
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EXAMINING THE REFORMIST THOUGHTS OF AL-TAHIR IBN ‘ASHUR
Al-Sheikh Muḥammad al-Tāhir ibn ‘Āshūr, who lived between 1296 AH (1879 AD) and 1393 AH (1973 AD), is considered one of the eminent intellectuals of the modern era and an influential figure among the generation of writers and scholars.
Hassan Suleimān +2 more
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Relevansi Bermazhab (Reorientasi dari Bermazhab Qaul㬠Menuju Bermazhab Manhajã¬) [PDF]
This article discusses the relevance of following a certain Islamic legal school (mazhab) in this era, where science advances sophisticatedly and media grows rapidly. Educational institutions have also emerged every where.
Mustofa, I. (Imam)
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TEACHING USUL AL-FIQH: A MULTICULTURAL EDUCATION MODEL
<em>This paper deals with the teaching of us}u>l al-fiqh (methodology of Islamic law) using a multicultural model. Multiculutral education means an instilling of the values that lead to peace and harmony, which comprise sixteen values, such as equality, mercy, empathy, justice, nationalism, cooperation, tolerance, good opinion, solidarity,
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: Imam al-Ghazali is one of the Shafi'i’s ushul fiqh figures. As a scholar of fiqh Shafi'i fiqh, in substance, he has thought of usul fiqh which is in line with the thinking of fiqh imam, al-Shafi'i. However, in some aspects, he just has a different view,
Zainal Azwar
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