The aim of this paper is to discuss in its preface a variety point of views of Islamic school of thoughts concerning the accurate definition of concept “Khabar al-Wahid ". It will examine the method of Hanafi’s school of thoughts and the method of majority of jurists in terms of providing definition for the previous term. In the first part, it provides a wide range of arguments for and against of believing that employing Khabar al-Wahid as a proof for two kinds of issues in Islamic Sharia. This paper claims that this type of Sunna is an acceptable source for either doctrinal issues or principle ones. It should be emphasizing on the fact that the majority of Muslim scholars believe that this type of Prophetic saying is not strong enough to prove doctrinal issues because such issues need to be built on sacred texts that certainly proves this sense. For the majority, this level of certainty is impossible with this sort of Prophetic tradition. More importantly, we fully convinced that "Khabar al-Wahid" has been practically used by many Islamic scholars to prove doctrinal issues even though they reject this way of understanding conceptually. The second part of this paper has dealt with another related controversial issue which is that "Khabar al-Wahid "should be applied in worshiping context under the belief of obligatory (وجوب العمل بخبر الواحد) or having a choice ((جواز العمل بخبر الواحد. In this context, this paper widely provides arguments for and against. It also gives special attention to discuss weakness and strength of the two sides of these arguments.
Muslims believe that Islamic teachings involve guidelines and principles, which should be followed, to all needs of Islamic society, starting from spirituality needs, such as prayer, into economy and politics, including the relationship between human behaviors and the environment, particularly in the field of designing houses and buildings. In this regard, Muslim jurists have derived from the Holy Qur’an and the Prophetic traditions that have direct applications in the domestic sphere. There are many principles and guidelines that should be respected in the design of Muslim homes/neighborhood buildings. This article will follow and explore some of these principles focusing on two as an example; privacy and avoidance harming the right of others because of their significant effect on the neighborhood housing organization in the Islamic culture. The aim is to find out the importance of these principles and guidelines in achieving tranquility (sakīnah) and peacefulness in homes, in addition to show how people can avoid violating the privacy of the others. All that will be analyzed in the light of the Islamic culture based on the Islamic law, especially the Maliki jurisprudence.
Considering the importance of transections in human life, the object of this article is to highlight one aspect of financial transactions, Salam transaction as an example, from the perspective of Islamic fi9h, especially Maliki fi9h and Hanafi fi9h. It examines it through point of view of two famous scholars of these schools, al-Fa9ih Ibn Abd al-Barr al-Maliki and al-Fa9ih al-Samraqandi al-Hanifi. It shows the differences between them, their reasons for that and the choice of their opinion either inside their schools or if they come out of their doctrine. It talks about Salam transection (contract) explaining its concept, terms, conditions, and other sides of it.
This paper examines the question of the historical development of constitutional Islamic religious text of the legal status of non-Muslims in Islam from the beginning of the call of the Prophet up to the modern time. The paper follows and explores the nature of the religious foundations of the Dhimma system by shedding light on the constitutional religious texts that played a big role in the establishment of the legal status of non-Muslims in early Islam. This research based mainly on primary sources, particularly the classical works of Islamic law, but it will refer only to Maliki jurisprudence. This study will not look at the sources of Islamic law from the religious’ point of view. Second sources of data will be the secondary sources that are composed of specialized academic literature such as historical books, journal and magazine articles on this subject. This subject will be divided into through two sections. The first section, clarifies concepts such as Ahl al-Dhimma and dhimmis by drawing a picture on the development of the concept of Ahl al-Dhimma in Islamic classical fiqh. The second section, analyzes the historical development of the foundational texts that determine the status of non-Muslims in early Islam up to the modern time.