Despite the perfection in the Islamic Law of Inheritance, the Status of Women in Islamic Law of Inheritance has become a subject of attack in present times that Islam the decision for making the share of women half of the share of men is injustice. Also, a woman who is already permanently divorced from her husband has no claim to inheritance, regardless of marital status in this case. …
Islamic law studies have encountered several contemporary issues. Islamic law is expected to contribute toward current problems faced by modern society. Therefore, ideally, studies of Islamic law should be developed through a transdisciplinary approach. This should be carried out through the theocentric paradigm integration framework and anthropocentric Islamic law. It is known that Islamic…
By taking inspiration from Wisława Szymborska’s poetry and Brinkley Messick’s scholarship, this article interprets the law of Islamic finance as evidence of a radical shift in the social anthropology of Islamic law from classical to contemporary times. To this aim it highlights the changes from fiqh in medieval trade (where individual actions were judged according to rules legitimis…
This Article critically examines the offence of abetment liable to Capital Punishment under the Islamic Criminal law and the Pakistan Penal Code. Under Islamic Criminal law no one can be awarded Capital punishment for the abetment made in the offences of Hudood (Arabi: حدود Ḥudūd, plural of hadd, حد) while in circumstances of Qisas, there are differences among the jurists; Abu…
Common law as something accepted by the rule of wisdom found in the very self of humans formed the earliest type of the legal systems of societies. In most of the legal systems of the world, common law is known as one of the most important resources and is of high significance. Most of the Islamic jurisprudents agree on the authority of common law as an independent or depe…
Islam is the same religion that had been revealed to, preached and followed by Adam, Noah, Abraham, Moses, Jesus and all other prophets of God(As). Prophet Muhammad (Peace be upon him) was the final link in the chain of divine messengers. Islam, therefore, is the continuity of divine guidance since the beginning of human history on earth, not a new religion founded by Prophet Muhammad…
The purpose of this article is to explore and analyze the legal basis for polygamy in both Islamic law and positive law in Indonesia. Polygamy refers to a man having multiple wives at the same time. In Islamic law, polygamy is permissible under certain conditions as stated in the Qur’an, specifically if the husband can treat all wives fairly. The research aims to examine the perspective o…