Hasil untuk "Islamic law"

Richard Kerner

Mathematical and astronomical achievements of the Islamic World during its golden era are briefly exposed. Thie article is based on the invited talk delivered remotely at the ICRANet-Isfahan Astronomical meeting, November 2-5, 2021, which, in turn, reproduces major parts of one of the chapters of my book ``Our Celestial Clockwork'', published recently (2021) by the World Scientific.

Janneke Gerards, Frederik Zuiderveen Borgesius

Algorithmic decision-making and similar types of artificial intelligence (AI) may lead to improvements in all sectors of society, but can also have discriminatory effects. While current non-discrimination law offers people some protection, algorithmic decision-making presents the law with several challenges. For instance, algorithms can generate new categories of people based on seemingly innocuous characteristics, such as web browser preference or apartment number, or more complicated categories combining many data points. Such new types of differentiation could evade non-discrimination law, as browser type and house number are not protected characteristics, but such differentiation could still be unfair, for instance if it reinforces social inequality. This paper explores which system of non-discrimination law can best be applied to algorithmic decision-making, considering that algorithms can differentiate on the basis of characteristics that do not correlate with protected grounds of discrimination such as ethnicity or gender. The paper analyses the current loopholes in the protection offered by non-discrimination law and explores the best way for lawmakers to approach algorithmic differentiation. While we focus on Europe, the conceptual and theoretical focus of the paper can make it useful for scholars and policymakers from other regions too, as they encounter similar problems with algorithmic decision-making.

Madelyne Xiao, Andrew Sellars, Sarah Scheffler

Computer science research sometimes brushes with the law, from red-team exercises that probe the boundaries of authentication mechanisms, to AI research processing copyrighted material, to platform research measuring the behavior of algorithms and users. U.S.-based computer security research is no stranger to the Computer Fraud and Abuse Act (CFAA) and the Digital Millennium Copyright Act (DMCA) in a relationship that is still evolving through case law, research practices, changing policies, and legislation. Amid the landscape computer scientists, lawyers, and policymakers have learned to navigate, anti-fraud laws are a surprisingly under-examined challenge for computer science research. Fraud brings separate issues that are not addressed by the methods for navigating CFAA, DMCA, and Terms of Service that are more familiar in the computer security literature. Although anti-fraud laws have been discussed to a limited extent in older research on phishing attacks, modern computer science researchers are left with little guidance when it comes to navigating issues of deception outside the context of pure laboratory research. In this paper, we analyze and taxonomize the anti-fraud and deception issues that arise in several areas of computer science research. We find that, despite the lack of attention to these issues in the legal and computer science literature, issues of misrepresented identity or false information that could implicate anti-fraud laws are actually relevant to many methodologies used in computer science research, including penetration testing, web scraping, user studies, sock puppets, social engineering, auditing AI or socio-technical systems, and attacks on artificial intelligence. We especially highlight the importance of anti-fraud laws in two research fields of great policy importance: attacking or auditing AI systems, and research involving legal identification.

Fakhraddin Alwajih, Abdellah El Mekki, Hamdy Mubarak et al.

Large Language Models (LLMs) inherently reflect the vast data distributions they encounter during their pre-training phase. As this data is predominantly sourced from the web, there is a high chance it will be skewed towards high-resourced languages and cultures, such as those of the West. Consequently, LLMs often exhibit a diminished understanding of certain communities, a gap that is particularly evident in their knowledge of Arabic and Islamic cultures. This issue becomes even more pronounced with increasingly under-represented topics. To address this critical challenge, we introduce PalmX 2025, the first shared task designed to benchmark the cultural competence of LLMs in these specific domains. The task is composed of two subtasks featuring multiple-choice questions (MCQs) in Modern Standard Arabic (MSA): General Arabic Culture and General Islamic Culture. These subtasks cover a wide range of topics, including traditions, food, history, religious practices, and language expressions from across 22 Arab countries. The initiative drew considerable interest, with 26 teams registering for Subtask 1 and 19 for Subtask 2, culminating in nine and six valid submissions, respectively. Our findings reveal that task-specific fine-tuning substantially boosts performance over baseline models. The top-performing systems achieved an accuracy of 72.15% on cultural questions and 84.22% on Islamic knowledge. Parameter-efficient fine-tuning emerged as the predominant and most effective approach among participants, while the utility of data augmentation was found to be domain-dependent.

Armin MAghami Asl, Yaseen Almleaky

From al-Sufi's tenth-century observation of the Andromeda Galaxy as a "little cloud" to contemporary space missions, Islamic astronomy represents a millennium-spanning tradition of innovation and knowledge. This study traces its trajectory through three phases: the Golden Age (8th to 15th centuries), when scholars such as al-Biruni, al-Battani, and Ibn Sina developed instruments, cataloged the heavens, and refined theories that later influenced Copernicus; a period of decline (late 15th to 17th centuries), shaped by political fragmentation, economic shifts, and the delayed adoption of technologies such as printing and the telescope; and today's revival, marked by observatory collaborations, Olympiad successes, and emerging space programs in Morocco, Iran, Turkey, the UAE, and Saudi Arabia. This comparative analysis with Chinese and European scientific traditions shows how Islamic astronomy provided a vital link in the global history of science, transmitting mathematical rigor, observational methods, and Arabic star names that are still used today. The contemporary resurgence signals the potential for renewed contributions to astrophysics, provided that it is supported by regional observatory networks, space-based research initiatives, and educational frameworks that integrate historical heritage with modern computational science.

Natali Helberger, Frederik Zuiderveen Borgesius, Agustin Reyna

In modern markets, many companies offer so-called 'free' services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on 'data consumer law'.

Nada Al-Duaij

Objectives: This study aims to highlight the dangers posed by the territorial dispute over the gas field between Iran, Kuwait, and Saudi Arabia. It focuses on peaceful methods to resolve such conflicts and clarifies the reasons fueling these disputes, particularly the reliance on national legislation to define territorial waters and economic zones, without considering international law principles regarding the rights of adjacent states. Methods: This study adopts the historical approach to explore the relationship between Kuwait, Saudi Arabia, and Iran regarding the gas field claims. It also employs a comparative approach to analyze similar international disputes and a descriptive approach to assess the gas field's ownership under the 1982 United Nations Convention on the Law of the Sea. Results: The study finds that the Dorra gas field is rightfully Kuwait's, without shared rights with any other regional state, and highlights Kuwait's right to partner with Saudi Arabia. Key findings include the need to pursue peaceful dispute resolution methods and the importance of avoiding armed conflict whenever possible. Conclusion: The study concludes that the Dorra gas field is located in Kuwait's exclusive economic zone. Iran's national legislation, which defines its economic zone and territorial sea, contradicts international law and aims to claim the Dorra field under its sovereignty. Kuwait's agreement with Saudi Arabia to jointly exploit the field is a legitimate right. Iranian objections have a defined path for peaceful resolution and should not escalate to armed conflict.

Jayasri Nemala, Devi V.S. Anusuya, Tewari Preeti et al.

This study is concerned with the coordinated charging pattern of plugin electric vehicles (PEVs) by using a simulation and control framework. The first of these is to develop a novel control technique based on a grid structure to manage the charging power of PEVs in reaction to fluctuating renewable energy sources. The grid is assumed to control and communicate instantly and directly through a common control signal the electricity used for PEV charging. Based on the principle of market-based demand modeling, the subsequent theoretical formulation involves a system of partial differential equations for concurrent PEV charging. It is then applied to future real world driving data and compared to a PEV Monte Carlo model. Moreover, the principles of SM control are introduced to synthesize the robust output feedback controller for the system without state error. The fluctuating PEV count is addressed by focusing on the sole observable output: the instantaneous mismatch of supply and demand of renewable electricity by customers. The performance of the controller is evaluated in the present research based on a real wind power state trajectory through numerical simulations of the system.

Zaini Nasohah

Shariat contains rules appropriate for facing challenges at all times. It encompasses all aspects of human life including family laws. Family law as one of the important components in fiqh is based on evidence that is of juz’i and tafsili nature. This makes Islamic family law something dynamic. This article aims to view the position of Islamic family law in fiqh. It also intends to analyze the dynamicity of Islamic family law in facing current and future challenges, especially in Southeast Asia. Analysis was done through the content analysis method as descriptive and comparative. The findings of the analysis explained that Islamic family law is revealed in various forms of law bands appropriate to the current needs of the Islamic world. However, it is still in its basic framework which is to build a family system and consequently human social system based on Islamic law. Therefore, this dynamicity makes it remain relevant in facing current challenges. This study aims to analyze the dynamics of Islamic family law in facing current and future challenges. The analysis was made using descriptive and comparative content analysis methods. The results of the analysis explain that Islamic family law has been implemented in various forms and regulatory channels that are by the problems of the Islamic world. However, the rule is still within its basic framework, which is to compile the family system and so on the human social system based on Islamic law. Rather, it is this dynamic that makes it eternal and relevant to be ahead in facing today's challenges. The article also concludes that the Islamic family law that the state has fixed is dynamic with social and customary realities such as marriage, divorce, and women's and children's rights, especially in Southeast Asia.

C-Y Law, Jonathan C. Tan, Raphael Skalidis et al.

Magnetic fields may play a crucial role in setting the initial conditions of massive star and star cluster formation. To investigate this, we report SOFIA-HAWC+ $214\:μ$m observations of polarized thermal dust emission and high-resolution GBT-Argus C$^{18}$O(1-0) observations toward the massive Infrared Dark Cloud (IRDC) G28.37+0.07. Considering the local dispersion of $B$-field orientations, we produce a map of $B$-field strength of the IRDC, which exhibits values between $\sim0.03 - 1\:$mG based on a refined Davis-Chandrasekhar-Fermi (r-DCF) method proposed by Skalidis \& Tassis. Comparing to a map of inferred density, the IRDC exhibits a $B-n$ relation with a power law index of $0.51\pm0.02$, which is consistent with a scenario of magnetically-regulated anisotropic collapse. Consideration of the mass-to-flux ratio map indicates that magnetic fields are dynamically important in most regions of the IRDC. A virial analysis of a sample of massive, dense cores in the IRDC, including evaluation of magnetic and kinetic internal and surface terms, indicates consistency with virial equilibrium, sub-Alfvénic conditions and a dominant role for $B-$fields in regulating collapse. A clear alignment of magnetic field morphology with direction of steepest column density gradient is also detected. However, there is no preferred orientation of protostellar outflow directions with the $B-$field. Overall, these results indicate that magnetic fields play a crucial role in regulating massive star and star cluster formation and so need to be accounted for in theoretical models of these processes.

Mohsinul Kabir, Mohammad Ridwan Kabir, Riasat Siam Islam

We evaluated contemporary Islamic lifestyle applications supporting religious practices and motivation among Muslims. We reviewed 11 popular applications using self-determination theory and the technology-as-experience framework to assess their support for motivation and affective needs. Most applications lack features that foster autonomy, competence, and relatedness. We also interviewed ten devoted Muslim application users to gain insights into their experiences and unmet needs. Our findings indicate that existing applications fall short in providing comprehensive learning, social connections, and scholar consultations. We propose design implications based on our results, including guided religious information, shareability, virtual community engagement, scholarly question-answering, and personalized reminders. We aim to inform the design of Islamic lifestyle applications that better facilitate ritual practices, benefitting application designers and Muslim communities. Our research provides valuable insights into the untapped potential for lifestyle applications to act as religious companions supporting Muslims' spiritual journey.

Ali Imran Sinaga, Mohd Nizam Sahad, Mohammad Amir Wan Harun

Often in commentaries on the Aceh Code, researchers relate it to the status of existing applicable laws and regulations as well as the principles of Human Rights (HAM). As a result, the Aceh Code has been criticized as not being in line with the law; it is even seen as radical, extreme, and contrary to human rights values. However, it is a law built based on Islamic principles. In order to counter this perception of the Aceh Code, this study analyzes the relationship between the Aceh Code and the practice of takzir punishment by 'Umar bin al-Khattab. The researcher used a qualitative method with a documentary research design to collect data from primary documents, namely the Acehnese Qanun and various legal jurisprudence reference books that contain the practice of 'Umar's takzir. Next, an analysis was made to compare the Aceh Code with the practice of takzir punishment by 'Umar bin al-Khattab. The results of the document analysis found that there are similarities between the Aceh Code and 'Umar's takzir practice in the execution of punishments, including flogging, imprisonment, and fines. The Acehnese Qanun even implements these punishments by adapting them to the conditions, culture, and local traditions of the Acehnese community. In conclusion, this study highlights the Aceh Code’s strong foundation in Islamic jurisprudence by drawing parallels between its punishments and the takzir practices of 'Umar bin al-Khattab. Contrary to common criticisms, the Aceh Code is not inherently radical or extreme but reflects a careful adaptation of Islamic legal principles to the cultural and societal context of Aceh. By demonstrating the Code's alignment with both traditional Islamic law and local practices, this research provides a deeper understanding of how Shariah-based laws can be integrated within contemporary legal frameworks while maintaining respect for cultural diversity.   Abstrak   Seringkali dalam ulasan mengenai Qanun Aceh, para penyelidik mengaitkannya dengan status undang-undang dan peraturan terpakai sedia ada serta prinsip-prinsip Hak Asasi Manusia (HAM). Akibatnya, Qanun Aceh telah dikritik sebagai tidak selaras dengan undang-undang tersebut, bahkan ia dilihat sebagai radikal, ekstrim, dan bertentangan dengan nilai-nilai HAM, sedangkan ia adalah undang-undang yang dibina berdasarkan prinsip Islam. Bagi menangkis persepsi ini terhadap Qanun Aceh, kajian ini menganalisis hubungan Qanun Aceh dengan amalan hukuman takzir ‘Umar bin al-Khattab. Pengkaji menggunakan metode kualitatif dengan reka bentuk kajian dokumentar untuk mengumpulkan data daripada dokumen primer, iaitu Qanun Aceh dan pelbagai buku rujukan fiqh undang-undang yang mengandungi amalan takzir ‘Umar. Seterusnya analisis dibuat bagi membandingkan Qanun Aceh dengan praktik hukuman takzir ‘Umar bin al-Khattab. Hasil analisis dokumen mendapati bahawa wujud persamaan antara Qanun Aceh dengan praktik takzir Umar dalam pelaksanaan hukuman merangkumi hukuman sebatan, penjara dan denda. Bahkan Qanun Aceh melaksanakan hukuman-hukuman ini dengan turut menyesuaikannya dengan kondisi, budaya, dan tradisi setempat masyarakat Aceh. Sebagai kesimpulan, kajian ini menekankan asas kukuh Qanun Aceh dalam jurisprudens Islam dengan menunjukkan persamaan antara hukuman-hukumannya dan amalan takzir yang telah dilaksanakan oleh 'Umar bin al-Khattab. Qanun Aceh bukanlah radikal atau ekstrem namun mencerminkan adaptasi dan penyesuaian prinsip undang-undang Islam kepada konteks budaya dan masyarakat Aceh. Kajian ini memberikan pemahaman yang lebih mendalam tentang bagaimana undang-undang berasaskan Syariah dapat diintegrasikan dalam rangka perundangan moden sambil kekal menghormati kepelbagaian budaya.

Shamila Dawood

This article examines the ongoing debates and reform efforts surrounding the Muslim Marriage and Divorce Act of 1951 (MMDA) in Sri Lanka. The Act has faced substantial criticism for its inability to adapt to the evolving needs of modern society, often prioritizing men’s interests over women’s rights. Despite numerous reform attempts, reaching a consensus on crucial provisions has proven challenging, creating significant obstacles to amending the MMDA. Employing library research, this article analyzes reports from various committees to assess current practices, which reveal conflicting perspectives between committees and civil society organizations. This study re-evaluates the MMDA’s provisions to determine whether proposed reforms align with Sharia law while meeting international legal standards, particularly Sri Lanka’s obligations to eliminate all forms of discrimination against women, while considering religious and cultural sensitivities. The article underscores the need for collaborative dialogue among stakeholders to foster reforms that address the evolving Muslim community’s legal needs, focusing on justice and equality. [Artikel ini mengkaji perdebatan yang sedang berlangsung dan upaya reformasi seputar Undang-Undang Perkawinan dan Perceraian Muslim tahun 1951 di Sri Lanka. Undang-undang tersebut telah menghadapi kritik besar karena gagal beradaptasi dengan kebutuhan masyarakat modern yang terus berkembang, yang sering kali memprioritaskan kepentingan laki-laki di atas hak-hak perempuan. Meskipun ada banyak upaya reformasi, mencapai konsensus tentang ketentuan-ketentuan utama telah terbukti menantang, menciptakan hambatan signifikan terhadap amandemennya. Dengan menggunakan penelitian kepustakaan, artikel ini menganalisis laporan dari berbagai komite untuk menilai praktik terkini, di mana terdapat pandangan yang saling bertentangan antara komite dan organisasi masyarakat sipil. Studi ini mengevaluasi kembali ketentuan-ketentuan tersebut untuk menilai apakah reformasi yang diusulkan selaras dengan hukum Syariah sekaligus memenuhi standar hukum internasional, khususnya kewajiban Sri Lanka untuk menghapuskan segala bentuk diskriminasi terhadap perempuan, sambil mempertimbangkan kepekaan agama dan budaya. Artikel ini menggarisbawahi perlunya dialog kolaboratif di antara para pemangku kepentingan untuk mendorong reformasi yang memenuhi kebutuhan hukum komunitas Muslim yang terus berkembang dengan menekankan keadilan dan kesetaraan.]

Hoirul Anam, Ahmad Fauzi, Dede Nurohman

The concept of usury in money is still unclear when it has not been studied, apart from the differences in the opinions of the four madhhab priests regarding usury, this is also caused by the limitations of our minds to capture the wisdom and lessons revealed by Allah SWT, as well as the increasingly modern era which demands new problems. which cannot be completely resolved, therefore it has become a taboo subject since ancient times until today. This paper contains taboos to be explained more clearly. This study uses a literature approach using the literature study method based on primary material, namely the book of al-fiqh al-Islami which is motivated by problems that exist in society. With the results of the study showing that the law of usury applies to money today, because there is a legal illat similar to gold and silver (Nuqud). And with this research, it is hoped that it can add to the body of knowledge in Islamic economics.

Shabaz Patel, Hassan Kane, Rayhan Patel

Large Language Models (LLMs) have demonstrated remarkable performance across numerous natural language understanding use cases. However, this impressive performance comes with inherent limitations, such as the tendency to perpetuate stereotypical biases or fabricate non-existent facts. In the context of Islam and its representation, accurate and factual representation of its beliefs and teachings rooted in the Quran and Sunnah is key. This work focuses on the challenge of building domain-specific LLMs faithful to the Islamic worldview and proposes ways to build and evaluate such systems. Firstly, we define this open-ended goal as a technical problem and propose various solutions. Subsequently, we critically examine known challenges inherent to each approach and highlight evaluation methodologies that can be used to assess such systems. This work highlights the need for high-quality datasets, evaluations, and interdisciplinary work blending machine learning with Islamic scholarship.

Mohammed Rashid Al-Hassan Al-Sulaiti

 Book Review “Environmental Law in Arab States” by Damilola Olawuyi* Reviewed by: Mohammed Rashid Al-Hassan Al-Sulaiti

Mohammed Yusri Abu Hadoor

يستعرض هذا المقال كتاب الإسلام والعلمانية، للمؤلف أوليفيه روا، الذي ترجمه صالح الأشمر، وصدر عن دار الساقي، في الطبعة الأولى للعام 2016م. ويتكون من 174 صفحة. وأوليفيه روا كاتب ومفكر وأستاذ جامعي فرنسي، ولد في عام 1949م، وهو مهتم ومتخصص في شؤون الحركات السياسية الإسلامية والأصولية الراديكالية منها على وجه الخصوص، ويتناول روا في كتابه الإسلام والعلمانية مسألة العلاقة الملتبسة والشائكة ما بين تصاعد الإسلام والعلمانية في الغرب عموما، وفي فرنسا على وجه الخصوص.

Herman Herman, Fokke J. Fernhout

Criminal law provisions in the colonial-era Criminal Code are no longer competent to uphold society’s sense of justice due to the emergence of more sophisticated crimes with a variety of modus operandi. By approving Law Number 1 of 2023 on the Criminal Code, the first steps toward reforming the criminal code were taken. One of the recently established law reforms has to do with the criminal justice system. In this study, the punishment scheme in Law Number 1 of 2023 will be identified and analyzed, as well as the effects of the law’s provision for maximum criminal sentences for economic offenses. This article’s study was conducted using a normative legal research methodology that included statutory, conceptual, and case-based approaches. The study’s findings demonstrate that Law Number 1 of 2023 offers minimal and maximum protections against criminal risks, among them economic crimes. If the loss resulting from the offense exceeds the maximum fine that may be imposed, this rule may result in unfairness, especially for the victim. Additionally, because judges are not allowed to impose sentences that exceed the predetermined guidelines, the maximum punishment cap may lessen the deterrent effect on criminals.

Zain-ul-Abdin Arijo, Naveed Ahmed Mahesar

As Allah Ta'ala started the series of Prophets to guide the people and sent down His orders to those who were not only explained but also became an example in practice. In the same way, Allah revealed the last book to the Holy Prophet (peace and blessings of Allah be upon him) and commanded the Messenger of Allah (peace and blessings of Allah be upon him)“And We have sent down the Dhikr to you so that you may make it clear to the people who Something has been sent down to them so that they may reflect" (Surat al-Nahl). And this is how the Holy Prophet (peace and blessings of Allah be upon him) explained the interpretation of the Qur'an. And in the same way, the companions of the Holy Prophet (peace and blessings of Allah be upon him) also passed on this trust. And finally, this series of commentary took the form of the first book in the form of Ibn Jarir al-Tabari's commentary "Jami al-Bayan fi Taweel Al-Qur'an" and this series of commentary that started from the era of Prophethood is still ongoing and is a link of the same series. Tafsir Bayan al-Qur'an is also. It is the result of the religious services of Dr. Israr Ahmed. Dr. Asrar Ahmad, may Allah have mercy on him, is considered one of the great scholars and commentators of the Qur'an of the present century. And among the special rewards of Allah Almighty, Allah Almighty gave him this opportunity to show him a period in his life when the whole world It is present in people's pockets, and that is why his interpretations of the Holy Qur'an have been heard by him not only in Pakistan but also in the whole world. Dr. Sahib Raha's efforts and efforts have been published in a commentary form, which began in his own lifetime, and the first volume of his Tafsir Bayan al-Qur'an was published in his lifetime, which the case was written by Dr. Asrar Ahmad Rahmatullah Alaihi himself. Dr. Asrar Ahmad Rehmatullah Alaihi's Tafsir Bayan Al-Qur'an is not his authorship or compilation but is taken from his translation of the Al-Qur'an which was preserved in CDs and DVDs.

Abdolmajid Mehdizadeh, Mohammadhadi Soleimanian

Good faith, as one of the fundamental principles of international law, indicates the need for fairness, honesty and reasonableness in international relations. And the International Court of Justice and other international judicial authorities have been repeatedly cited. The judges of the Court have also discussed and cited the concept of good faith in their separate opinions on various occasions. The International Court of Justice, citing the principle of good faith in the settlement of international disputes, has played an effective role in objectifying some manifestations of the principle of good faith in international law and in the process of interpreting the law, creating the law, replacing the law or removing ambiguity International law - sometimes from general principles such as good faith, has made effective inferences that are helpful in understanding the content of the manifestations of good faith and its legal criteria. In the first part of the present article, we examine the principle of good faith and its various manifestations, and in the second part, we analyze some of the cases that have been invoked in the procedures of the Permanent International Court of Justice and the International Court of Justice.