Theses - Islamic Studies
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Browsing Theses - Islamic Studies by Author "al-Marakeby, Muhammad"
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Item Open Access Acces to Islamic education in Afghanistan : female Madrasa under the rule of the Taliban(Universitas Islam Internasional Indonesia, 2023) Adel, Samiullah; al-Marakeby, MuhammadMadrasa is designed for young Muslims to receive education on Islamic subjects such as Fiqh, Quran, and Hadiths. In this connection, Madrasa can be seen as a vast ground for promoting Islamic education and equipping students with extensive knowledge of Islam. Madrasas teach an Islamic system of principles based on established standards and laws of behavior in Afghan society. On the other hand, Madrasas remains to serve both male and female students in almost all Muslim countries. Afghanistan as a Muslim country also established a female-only Madrasa. Women choose a madrasa for actively imparting Islamic knowledge to young Muslim boys. The research investigated female access to madrasa after the takeover of the Taliban in Afghanistan. Under the Taliban's control, Afghan women who attend madrasas have particularly struggled to get access to Islamic education. Taliban's regime keeps gender inequality alive by reducing the chances for women to advance personally, gain economic independence, and actively participate in society. Nevertheless, this thesis argues that it is simplistic to think of the Taliban as the main reason for depriving women of getting educated. I suggest here that the issue of women's access to education in Afghanistan is more multi-layered and sophisticated than what we used to assume. The thesis primarily suggests two points: first, it is problematic to think of the whole of Afghanistan as a homogenous place where every city and village has the same reason for not allowing women to receive an education. Second, it is reductive to think of the problem from a state-centric perspective as if the problem is only about law.Item Embargo Arab spring and ulama’s discourse on khurūj : (dis)connecting classical political concept to modern context(Universitas Islam Internasional Indonesia, 2024) Muhammad Faris Ibrahim; al-Marakeby, MuhammadOne of the characteristics often attributed to Sunnī political discourse is its permissive attitude towards political despotism. This perception gained further relevance starting in 2010 during the Arab Spring revolutions when prominent ulama such as ‘Alī Jum'a, the Muftī of Egypt, ‘Abd Allāh ibn Bayyah, the head of the Fatwā Council of the United Arab Emirates, and Sa’īd Ramaḍān al-Būṭī, the head of the Union of Ulama in Syria, chose to oppose the revolutionary movements and legitimize the power of the status quo regimes. In justifying their anti-revolutionary stances, they referred to the views of pre-modern ulama who rejected the legitimacy of rebellion against unjust or corrupt ruler (al-khurūj alā al-ḥākim al-ẓālim aw al-fāsiq). This study aims to trace the development of this khurūj as a concept from the early Islamic period through the medieval era and how it was subsequently referenced in the context of modern nationstate during the Arab Spring by ‘Alī Jum'a, Ibn Bayyah and al-Būṭī in opposing the revolutions. This research employs Peter L. Berger's theory of social reality construction, arguing that social reality is essentially formed by the process of externalization, where individuals project their thoughts, ideas, and experiences into the social world. This is precisely the role played by these three ulama in shaping the political reality during the Arab Spring. Additionally, this study adopts a comparative approach to compare the premodern and modern ulama's discourses with paying attention to Foucault's genealogy concept that focuses on shifts that led to the emergence of new ways of thinking of khurūj as a concept in Islamic political law (siyāsa shar'iyya). This study found that resistance to political despotism has been present since the early Islamic period and continued through the medieval era, manifesting in both violent opposition, such as armed rebellion (khurūj), and peaceful opposition, including verbal protests and mass actions like demonstrations, strikes, and sit-ins. However, by the end of the followers (tābi’īn) period, peaceful approaches became the predominant method among the ulama, with a consensus claim emerging among ulama to prohibit armed rebellion (khurūj) against unjust rulers. This research argues that the tendency of ‘Alī Jum'a, Ibn Bayyah, and al-Būṭī to selectively adopt specific pre-modern ulama's views on the concept of khurūj, based on their anachronistic reasoning regarding the complex realities (wāqi’) of the Arab Spring, has shaped their anti-revolutionary discourses, which directly or indirectly legitimize political despotism.Item Embargo Conceptualizing maqāṣid through an ethical framework : theoretical exploration of Taha Abdurrahman's philosophy(Universitas Islam Internasional Indonesia, 2024) Naura Safira Salsabila Zain; al-Marakeby, MuhammadThe study of maqāṣid al-sharīʿa gained significant attention from the scholars from West to the East as an approach to bridging various fields of study with the Islamic legal discourse. Historically, the concept of maqāṣid can be traced back to the era of the Prophet Muḥammad PBUH, which was then analyzed by scholars as a coherent discourse with the Uṣūl al-Fiqh. The discourse is developed and applied with various approaches such as classical, traditional, reformist, secular, and postmodernist approaches. The development of the maqāṣid concept has transformed it from a coherent discourse with uṣūl al-fiqh into a specific field of study, recognized as an approach to modernizing Islamic law. This phenomenon has invited Taha Abdurrahman, a prominent Muslim philosopher to conceptualize maqāṣid, as he argued that the previous maqāṣid approaches have yet to sufficiently appreciate ethical considerations. Taha’s conceptualization of maqāṣid serves as his effort to renew Traditional Islamic literature (turāth). Taha’s maqāṣid concept is framed by his ethical philosophy, the Trusteeship paradigm, emphasizing the relationship of humans with God that occurred since the testimony prior to their existence. Hence, this study aims to examine the significance of Taha’s conceptualization of maqāṣid by situating his thought among the maqāṣid approaches from classical to modern. To examine this, I employ a qualitative methodology with data collection through primary and secondary sources. The primary sources are the original books of the discussed scholars especially Taha Abdurrahman and the secondary sources are from related books, journals, and articles to enrich the discussion. The data will be analyzed through content and textual analysis by engaging with all the sources. This study will also focus on intellectual analysis framed by Fuzzy Set Theory (FST), a mathematical theory that aims to identify that certain things cannot be categorized entirely in a specific group. In this context, the framework is applied to situate Taha Abdurrahman’s concept of maqāṣid among other maqāṣid approaches, placing him in dialogue with classical, traditional, reformist, secular, and postmodernist scholars. The findings affirm that Taha’s maqāṣid concept tends to be Sufi-inspired, making it difficult to implement practically. Positioning Taha’s maqāṣid concept as a legal discourse is deemed overly idealistic, resulting in utopian and imaginary expectations. Consequently, Taha’s maqāṣid concept cannot be simply classified under a specific group rather it fits into several groups simultaneously. It is traditional in terms of its reliance on textual proof in understanding law and reformist in terms of its new and innovative methodology, aiming to address current issues where ethics is considered a central concern.Item Embargo The legal position of children born out of wedlock (comparative study between classical Islamic jurisprudence and the modern Indonesia law)(Universitas Islam Internasional Indonesia, 2024) Muhammad Mufti; al-Marakeby, MuhammadThe issue of the legal position of children born out of wedlock has become an exclusive discussion among Muslim jurists due to its complexity. The legal position of a child itself is essential and pivotal because it gives significant implications for the child’s rights within the family context. This thesis aims to explore the legal position of children born out of wedlock through a comparative study between classical Islamic jurisprudence and modern Indonesian law. On the one hand, classical Islamic jurisprudence has outlined specific principles governing the legal status of children born out of wedlock by restricting legal acknowledgement of children born out of wedlock including their associated civil rights upon their biological fathers. On the other hand, Islamic law which was previously adopted by modern Indonesian law has evolved by involving another legal system such as European law, particularly with the issuance of Constitutional Court Ruling Number 46/PUU-VIII/2010 which has allowed for children born out of wedlock to be attributed to their biological fathers. The research problem in this thesis is formulated into two main research questions as follows: 1) What is the legal position of children born out of wedlock according to Islamic jurisprudence and Indonesian modern law? 2) What made Islamic family law in Indonesia concerning the issue of children out of wedlock different compared to Islamic family law in classical Islamic jurisprudence? As part of library research, data in this thesis is collected from written sources either for primary data or secondary data. Subsequently, the collected data is analyzed using a descriptive-analysis method. The study finding indicates the existence of legal borrowing and legal hybridity of Islamic family law concerning the legal position of children born out of wedlock that has been formalized in Indonesian law with the involvement of biological fatherhood concept which originated from European law. This legal hybridity furthermore could lead to inconsistency, confusion, or even contradiction.Item Open Access من علل الحديث إلى نقد المتن : تعارض الحديث والعقل ظاهريا بين المتقدمين والمعاصرين(الجامعة اإلسالمية العالمية اإلندونيسية, 2023) زمورة, نوال; al-Marakeby, Muhammadلقد انتشرت في العصر الحديث ظاهرة إعادة النظر في متون بعض الأحاديث النبوية الصحيحة والتي حمل لواءها بعض العلماء والمفكرين المعاصرين الذين حاولوا خوض غمار صنعة نقد ورد متون الأحاديث الصحيحة بحجة مخالفتها للعقل. وتحاول هذه الرسالة دراسة التطور التاريخي الذي حدث لمناهج نقد متون الحديث النبوي الشريف بداية من عهد الصحابة وصولا إلى عصرنا هذا من خلال بعض النماذج المحددة. والهدف الأساسي منها هو الوقوف على المفارقات المعرفية والمفاهيمية أثرت التي على منهجية نقد المتن من خلال دراسة التطور التاريخي لها، وذلك من خلال المنهج الجنيولوجي التاريخي الذي يدرس الخطابات السائدة في كل فترة وتأثيرها على الأفكار والمفاهيم المزامنة لها. وترى هذه الدراسة أن توسع المعاصرين في رد الحديث يرجع إلى تحول معرفي في تعريف العقل وقدراته. فظهور فكرة قطعية العلم الحديث scientism وهيمنتها على التفكير العام والزعم أنه قادر دائما على الوصول إلى الحقيقة وأن الإيمان به هو جزء من التحضر والتمدن كل هذا رفع مكانة العلم إلى مرتبة لم تكن له من قبل وجعل رد الحديث أسهل عند المعاصرين من رد ما يتوصل له العلم – والذي ارتقى إلى مرتبة اليقيينات والقطعيات عندهم. وهذا يعطينا تصورا واضحا عن النقلة النسقية paradigm shift التي حدثت للعلوم الحديثية في العصر الحديث.