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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Journal of Education and Teacher Training Innovation (JETTI)
Yousuf, Salih Abdulrahman Alsounusi
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Education Law, Crime, Criminology & Criminal Justice

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The Jurisprudence of Disagreement and the Rejection of Fanaticism as a Pillar of Human Rights and its Role in Accommodating Pluralism and Religious Moderation: فقه الخلاف ونبذ التعصب كركيزة من ركائز حقوق الإنسان ودوره في استيعاب التعددية والاعتدال الديني (دراسة وصفية تحليلية لحقوق الإنسان الإسلامية وفقه الخلاف والتعددية وتأثيرهما في استعاب الآخر) Hanafi, Yusuf; Yousuf, Salih Abdulrahman Alsounusi
Journal of Education and Teacher Training Innovation Vol. 1 No. 2 (2023): Journal of Education and Teacher Training Innovation (JETTI)
Publisher : PT. Pusmedia Group Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61227/jetti.v1i2.56

Abstract

Religious moderation, understanding and assimilating others, and dealing with them despite intellectual and methodological differences is required and commendable, but it only comes from understanding the other and respecting his right to thought and belief, and from here we must stand on the jurisprudence of disagreement and know the human rights granted by Islam to creation of different sects and differences, and in this article dealt with some definitions of important terms, and mentioned the Islamic texts that talked about the subject of study, and talk about human rights in Islam, and exposure to disagreement and difference, The causes and methods of treatment are mentioned in the results, and I followed the descriptive analytical approach in this article
تولي المرأة لمنصب القضاء في ليبيا : دراسة تحليلية مقارنة في الفقه الإسلامي والقانون الليبي Yousuf, Salih Abdulrahman Alsounusi; Wargadinata, Wildana; Rofiq , Aunur; Haris, Achmad Murtafi
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 28 No 1 (2025): Al-Qanun, Vol. 28, No. 1, Juni 2025
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2025.28.1.53-72

Abstract

This study aims to explore the prevailing view in Libyan society towards women assuming the position of judge, focusing on the opinions and evidence of jurists on this subject, discussing their different points of view, and comparing this with legal legislation in Libya and Islamic jurisprudence. The problem of the research lies in the fact that Libyan society adheres strongly to its traditions and customs, and the problem also arises in the different opinions of jurists on the ruling on women assuming the judiciary in Islam, which prompted the researcher to study the reasons for this difference and divergence in opinions. The researcher relied in his study on a set of research methods: he used the descriptive approach to provide a picture of the issue, and he also used the analytical method to study the data, and used the comparative method to compare different jurisprudential opinions with each other, as well as compare them with legal legislation, in order to reach conclusions about the reasons for the difference. The researcher reached several main conclusions, the most important of which is that the prevailing traditions in Libya reject women taking over the judiciary because of the prevailing culture. In contrast, Libyan law provides that women may hold the judiciary absolutely. In Islamic jurisprudence, jurists have differed in four main directions: the public prohibits women from taking over the judiciary absolutely, while some Shafi'is believe that this is permissible in necessity. As for the Ahnafs, they allow her to judge in matters in which she testifies, while Ibn Jarir al-Tabari and those with him believe that it is permissible for her to assume the judiciary absolutely.  
Co-Authors Achmad Murtafi Haris, Achmad Murtafi Rofiq , Aunur Wildana Wargadinata Yusuf Hanafi