Ibn Nujaym’s Thoughts on Legal Maxims (Qawâid al-Fiqhiyyah): An Analysis of Their Application to Juridical Issues

Legal maxims possess a unique place in jurisprudence, and jurists of all schools recognize it as a basis for forming sharia opinions, particularly if they are based on the holy Quran and prophetic traditions. Ibn Nujaym al-Hanafi was a prominent jurist from the Hanafi school who paid special attention to legal maxims (qawâ`id  al-fiqhiyyah) and compiled them in his books al-Ashbah wa al-Nazhâ’ir and al-Fawâ’id al-Zainiyyah, etc. He also wrote commentaries on various subjects in his other books. He became one of the most distinguished jurists in this discipline and the Hanafi school. The purpose of this article was to examine the accuracy of Ibn Nujaym's perspectives on the Islamic legal maxim, the explanation of the most significant five maxims, and how they can be applied to some juridical issues. This study employed a qualitative method and a content analysis approach. The data was obtained through a search of books, journals, and other sources of information. The collected data were analyzed qualitatively and deliberated. The findings of study show that Ibn Nujaym al-Hanafi's masterpiece al-Ashbah wa al-Nazhâ’ir became the leading work on legal maxims and was acknowledged as authoritative by Hanafi jurists. Qawâ`id al-fiqhiyyah memiliki kedudukan yang istimewa dalam eksistensi hukum Islam, dan para ulama dari berbagai mazhab fikih pun mengakui keistimewaan tersebut, sebab ia dapat digunakan untuk menghasilkan fatwa (pandangan hukum syariah), terutama jika ia dibentuk berdasarkan Alquran dan Hadis. Ibn Nujaym al-Hanafi adalah seorang ahli hukum terkemuka dari kalangan mazhab Hanafi yang telah mencurahkan perhatian dan pemikirannya terhadap eksistensi qawâ`id  al-fiqhiyyah. Pemikiran beliau tentang tema ini tertuang dalam buku beliau yang berjudul al-Ashbah wa al-Nazhâ’ir, al-Fawa’id al-Zainiyyah, dan lain-lain. Bahkan, buku al-Ashbah wa al-Nazhâ’ir, menjadi salah satu rujukan terkemuka dalam kajian tema qawâ`id al-fiqhiyyah, mewakili pandangan ulama mazhab Hanafi. Tujuan artikel ini adalah untuk mengkaji pemikiran Ibnu Nujaym tentang qawâ`id al-fiqhiyyah, dan penjelasan tentang lima macam qawa’id al-fiqhiyyah yang utama, serta bagaimana qawâ`id al-fiqhiyyah dapat digunakan untuk menjawab beberapa permasalahan fikih. Penelitian ini menggunakan metode kualitatif dengan pendekatan analisis konten. Data diperoleh melalui pencarian buku, jurnal, dan sumber informasi lainnya. Data yang terkumpul dianalisis secara kualitatif dan ditampilkan secara menyeluruh. Penelitian ini mendapatkan bahwa karya agung Ibnu Nujaym, yaitu al-Ashbah wa al-Nazhâ’ir, menjadi karya terkemuka yang membahas tentang qawâ`id al-fiqhiyyah dan telah diakui sebagai pandangan ilmiah yang terpercaya dalam mazhab Hanafi. Dan qawâ`id al-fiqhiyyah dapat digunakan untuk menjawab beberapa permasalahan fikih (qadhiyah fiqih).  

PERAN DAN PENGARUH AL-HADITS AN-NABAWI DALAM KONSEP AT-TAQ’ID ALFIQHIY : STUDI APLIKATIF MENGENAI PEMIKIRAN IBNU NUJAIM AL-HANAFI (W.970 H).

Penelitian ini berusaha mengkaji konsep at-taq’id al-fiqhiy menurut pandangan Ibnu Nujaim Al-Hanafi (w. 970 H), sumber landasan hukum secara umum dan hadits nabawiy secara khusus, dan konsekwensi hokum yang ditimbulkan terhadap qa’idah fiqhiyah. Selanjutnya, penelitian ini menyajikan beberapa contoh aplikatif dari qâ’idah fiqhiyah yang berlandaskan kepada al-hadits dengan menitik-beratkan kepada pemikiran Imam Ibnu Nujaim al-Hanafiy. Hasil penelitian menunjukkan bahwa konsep at-taq’id al-fiqhiy merupakan proses berpikir kritis mengenai sumber atau landasan hokum dalam pembentukan sebuah qâ’idah fiqhiyah, dimana Ibnu Nujaim al-Hanafi dikenal sebagai salah seorang ulama’ hanafi terkemuka di zamannya yang mengusung pemikiran ini, di mana sumbangsih beliau dalam bidang ini dapat ditelusuri melalui kitab-kitab yang beliau tulis, seperti: Al-Asybah wan Nazha’ir, Al-Fawaidh Az-Zainiyyah fi Mazhab alHanafi, Al-Bahrur Ra’iq Syarh Kanzil Daqa’iq, Fathul Ghaffar fi Syarhil Mannar, dan sebagainya. Sedangkan al-hadits merupakan sumber hokum kedua setelah Al-Qur’an dalam syari’at Islam yang menjadi pijakan (landasan) dalam membentuk suatu qa’idah fiqhiyah. AlHadits memberi pengaruh yang kuat bagi qa’idah fiqhiyah tersebut, sehingga konsep ini dianggap memiliki kekuatan hujjah dan istidal sebagaimana ijma’ para sahabat

Nahdlatul Ulama's Ijtihad Method in Fatwa: Analysis of The Content of Legal Decisions and Their Validity in Indonesia

This research aimed to investigate the method of inference in Nahdatul Ulama Scholars to issue fatwas regarding some issues in Indonesia. This research applied the qualitative method to collect data for looking into the topic and using a content analysis approach to analyze the legal decision of Nahdatul Ulama scholars and its validity as a product of fatwa. The results show that the inference done by Nahdatul Ulama scholars did not correspond to the belief done by the Muslim scholars in the past era due to their shortcomings in fulfilling the requirement of Mujtahid Muthlaq. This research also reveals that their method can be categorized as ijtihad jama’i, and the validity of the fatwas was significant enough for the Indonesian Muslim society to perform their daily ibadah or muamalah activities. This research contributes to the existing body of literature by providing insights into the specific inference method employed in Indonesia. It focuses on the influence of fatwas issued by scholars affiliated with Nahdatul Ulama, highlighting their significant following among ordinary individuals associated with this organization. 

The Role of Qawā’id Fiqhiyyah in Strengthening Waqf Law: A Review of Challenges and Solutions in Indonesia

The article addresses the various challenges that waqf (Islamic endowment) law faces in Indonesia. It specifically investigates how the application of Qawā'id Fiqhiyyah (principles of Islamic jurisprudence) can enhance waqf law considering obstacles such as public ignorance about waqf, inadequate legal frameworks, and the necessity for effective management strategies to improve the productivity of waqf assets. The aim of this research is to analyze how Qawā’id Fiqhiyyah can provide foundational support to enhance Waqf law, proposing viable solutions to existing issues. The novelty of this research lies in its integrative approach, which combines traditional Islamic legal principles with the contemporary challenges of waqf management. By focusing on Qawā'id Fiqhiyyah, the study proposes a framework that not only addresses legal and administrative issues but also highlights the cultural and social dimensions of waqf in Indonesia, an area that has not been extensively explored in existing literature. . The results of the research suggest that the application of Qawā'id Fiqhiyyah can provide practical solutions to the identified challenges in waqf law. The study outlines several strategies, including enhancing public education about waqf, improving legal frameworks, and fostering collaboration among various stakeholders such as government bodies, religious organizations, and the community. These strategies aim to create a more effective and sustainable waqf system in Indonesia, ultimately leading to increased productivity and a greater social impact of waqf asset

Apoptotic Effects of Genistein, Biochanin-A and Apigenin on LNCaP and PC-3 Cells by p21 through Transcriptional Inhibition of Polo-like Kinase-1

Natural isoflavones and flavones are important dietary factors for prostate cancer prevention. We investigated the molecular mechanism of these compounds (genistein, biochanin-A and apigenin) in PC-3 (hormone-independent/p53 mutant type) and LNCaP (hormone-dependent/p53 wild type) prostate cancer cells. A cell growth rate and apoptotic activities were analyzed in different concentrations and exposure time to evaluate the antitumor activities of genistein, biochanin-A and apigenin. The real time PCR and Western blot analysis were performed to investigate whether the molecular mechanism of these compounds are involving the p21 and PLK-1 pathway. Apoptosis of prostate cancer cells was associated with p21 up-regulation and PLK-1 suppression. Exposure of genistein, biochanin-A and apigenin on LNCaP and PC-3 prostate cancer cells resulted in same pattern of cell cycle arrest and apoptosis. The inhibition effect for cell proliferation was slightly greater in LNCaP than PC-3 cells. In conclusion, flavonoids treatment induces up-regulation of p21 expression, and p21 inhibits transcription of PLK-1, which promotes apoptosis of cancer cells

Mutations in CNNM4 Cause Jalili Syndrome, Consisting of Autosomal-Recessive Cone-Rod Dystrophy and Amelogenesis Imperfecta

The combination of recessively inherited cone-rod dystrophy (CRD) and amelogenesis imperfecta (AI) was first reported by Jalili and Smith in 1988 in a family subsequently linked to a locus on chromosome 2q11, and it has since been reported in a second small family. We have identified five further ethnically diverse families cosegregating CRD and AI. Phenotypic characterization of teeth and visual function in the published and new families reveals a consistent syndrome in all seven families, and all link or are consistent with linkage to 2q11, confirming the existence of a genetically homogenous condition that we now propose to call Jalili syndrome. Using a positional-candidate approach, we have identified mutations in the CNNM4 gene, encoding a putative metal transporter, accounting for the condition in all seven families. Nine mutations are described in all, three missense, three terminations, two large deletions, and a single base insertion. We confirmed expression of Cnnm4 in the neural retina and in ameloblasts in the developing tooth, suggesting a hitherto unknown connection between tooth biomineralization and retinal function. The identification of CNNM4 as the causative gene for Jalili syndrome, characterized by syndromic CRD with AI, has the potential to provide new insights into the roles of metal transport in visual function and biomineralization

The global burden of cancer attributable to risk factors, 2010-19 : a systematic analysis for the Global Burden of Disease Study 2019

Background Understanding the magnitude of cancer burden attributable to potentially modifiable risk factors is crucial for development of effective prevention and mitigation strategies. We analysed results from the Global Burden of Diseases, Injuries, and Risk Factors Study (GBD) 2019 to inform cancer control planning efforts globally. Methods The GBD 2019 comparative risk assessment framework was used to estimate cancer burden attributable to behavioural, environmental and occupational, and metabolic risk factors. A total of 82 risk-outcome pairs were included on the basis of the World Cancer Research Fund criteria. Estimated cancer deaths and disability-adjusted life-years (DALYs) in 2019 and change in these measures between 2010 and 2019 are presented. Findings Globally, in 2019, the risk factors included in this analysis accounted for 4.45 million (95% uncertainty interval 4.01-4.94) deaths and 105 million (95.0-116) DALYs for both sexes combined, representing 44.4% (41.3-48.4) of all cancer deaths and 42.0% (39.1-45.6) of all DALYs. There were 2.88 million (2.60-3.18) risk-attributable cancer deaths in males (50.6% [47.8-54.1] of all male cancer deaths) and 1.58 million (1.36-1.84) risk-attributable cancer deaths in females (36.3% [32.5-41.3] of all female cancer deaths). The leading risk factors at the most detailed level globally for risk-attributable cancer deaths and DALYs in 2019 for both sexes combined were smoking, followed by alcohol use and high BMI. Risk-attributable cancer burden varied by world region and Socio-demographic Index (SDI), with smoking, unsafe sex, and alcohol use being the three leading risk factors for risk-attributable cancer DALYs in low SDI locations in 2019, whereas DALYs in high SDI locations mirrored the top three global risk factor rankings. From 2010 to 2019, global risk-attributable cancer deaths increased by 20.4% (12.6-28.4) and DALYs by 16.8% (8.8-25.0), with the greatest percentage increase in metabolic risks (34.7% [27.9-42.8] and 33.3% [25.8-42.0]). Interpretation The leading risk factors contributing to global cancer burden in 2019 were behavioural, whereas metabolic risk factors saw the largest increases between 2010 and 2019. Reducing exposure to these modifiable risk factors would decrease cancer mortality and DALY rates worldwide, and policies should be tailored appropriately to local cancer risk factor burden. Copyright (C) 2022 The Author(s). Published by Elsevier Ltd. This is an Open Access article under the CC BY 4.0 license.Peer reviewe

Global, regional, and national age-specific progress towards the 2020 milestones of the WHO End TB Strategy: a systematic analysis for the Global Burden of Disease Study 2021

Background Global evaluations of the progress towards the WHO End TB Strategy 2020 interim milestones on mortality (35% reduction) and incidence (20% reduction) have not been age specific. We aimed to assess global, regional, and national-level burdens of and trends in tuberculosis and its risk factors across five separate age groups, from 1990 to 2021, and to report on age-specific progress between 2015 and 2020. Methods We used the Global Burden of Diseases, Injuries, and Risk Factors Study 2021 (GBD 2021) analytical framework to compute age-specific tuberculosis mortality and incidence estimates for 204 countries and territories (1990–2021 inclusive). We quantified tuberculosis mortality among individuals without HIV co-infection using 22 603 site-years of vital registration data, 1718 site-years of verbal autopsy data, 825 site-years of sample-based vital registration data, 680 site-years of mortality surveillance data, and 9 site-years of minimally invasive tissue sample (MITS) diagnoses data as inputs into the Cause of Death Ensemble modelling platform. Age-specific HIV and tuberculosis deaths were established with a population attributable fraction approach. We analysed all available population-based data sources, including prevalence surveys, annual case notifications, tuberculin surveys, and tuberculosis mortality, in DisMod-MR 2.1 to produce internally consistent age-specific estimates of tuberculosis incidence, prevalence, and mortality. We also estimated age-specific tuberculosis mortality without HIV co-infection that is attributable to the independent and combined effects of three risk factors (smoking, alcohol use, and diabetes). As a secondary analysis, we examined the potential impact of the COVID-19 pandemic on tuberculosis mortality without HIV co-infection by comparing expected tuberculosis deaths, modelled with trends in tuberculosis deaths from 2015 to 2019 in vital registration data, with observed tuberculosis deaths in 2020 and 2021 for countries with available cause-specific mortality data. Findings We estimated 9·40 million (95% uncertainty interval [UI] 8·36 to 10·5) tuberculosis incident cases and 1·35 million (1·23 to 1·52) deaths due to tuberculosis in 2021. At the global level, the all-age tuberculosis incidence rate declined by 6·26% (5·27 to 7·25) between 2015 and 2020 (the WHO End TB strategy evaluation period). 15 of 204 countries achieved a 20% decrease in all-age tuberculosis incidence between 2015 and 2020, eight of which were in western sub-Saharan Africa. When stratified by age, global tuberculosis incidence rates decreased by 16·5% (14·8 to 18·4) in children younger than 5 years, 16·2% (14·2 to 17·9) in those aged 5–14 years, 6·29% (5·05 to 7·70) in those aged 15–49 years, 5·72% (4·02 to 7·39) in those aged 50–69 years, and 8·48% (6·74 to 10·4) in those aged 70 years and older, from 2015 to 2020. Global tuberculosis deaths decreased by 11·9% (5·77 to 17·0) from 2015 to 2020. 17 countries attained a 35% reduction in deaths due to tuberculosis between 2015 and 2020, most of which were in eastern Europe (six countries) and central Europe (four countries). There was variable progress by age: a 35·3% (26·7 to 41·7) decrease in tuberculosis deaths in children younger than 5 years, a 29·5% (25·5 to 34·1) decrease in those aged 5–14 years, a 15·2% (10·0 to 20·2) decrease in those aged 15–49 years, a 7·97% (0·472 to 14·1) decrease in those aged 50–69 years, and a 3·29% (–5·56 to 9·07) decrease in those aged 70 years and older. Removing the combined effects of the three attributable risk factors would have reduced the number of all-age tuberculosis deaths from 1·39 million (1·28 to 1·54) to 1·00 million (0·703 to 1·23) in 2020, representing a 36·5% (21·5 to 54·8) reduction in tuberculosis deaths compared to those observed in 2015. 41 countries were included in our analysis of the impact of the COVID-19 pandemic on tuberculosis deaths without HIV co-infection in 2020, and 20 countries were included in the analysis for 2021. In 2020, 50 900 (95% CI 49 700 to 52 400) deaths were expected across all ages, compared to an observed 45 500 deaths, corresponding to 5340 (4070 to 6920) fewer deaths; in 2021, 39 600 (38 300 to 41 100) deaths were expected across all ages compared to an observed 39 000 deaths, corresponding to 657 (–713 to 2180) fewer deaths. Interpretation Despite accelerated progress in reducing the global burden of tuberculosis in the past decade, the world did not attain the first interim milestones of the WHO End TB Strategy in 2020. The pace of decline has been unequal with respect to age, with older adults (ie, those aged >50 years) having the slowest progress. As countries refine their national tuberculosis programmes and recalibrate for achieving the 2035 targets, they could consider learning from the strategies of countries that achieved the 2020 milestones, as well as consider targeted interventions to improve outcomes in older age groups

Global investments in pandemic preparedness and COVID-19: development assistance and domestic spending on health between 1990 and 2026

Background The COVID-19 pandemic highlighted gaps in health surveillance systems, disease prevention, and treatment globally. Among the many factors that might have led to these gaps is the issue of the financing of national health systems, especially in low-income and middle-income countries (LMICs), as well as a robust global system for pandemic preparedness. We aimed to provide a comparative assessment of global health spending at the onset of the pandemic; characterise the amount of development assistance for pandemic preparedness and response disbursed in the first 2 years of the COVID-19 pandemic; and examine expectations for future health spending and put into context the expected need for investment in pandemic preparedness. Methods In this analysis of global health spending between 1990 and 2021, and prediction from 2021 to 2026, we estimated four sources of health spending: development assistance for health (DAH), government spending, out-of-pocket spending, and prepaid private spending across 204 countries and territories. We used the Organisation for Economic Co-operation and Development (OECD)'s Creditor Reporting System (CRS) and the WHO Global Health Expenditure Database (GHED) to estimate spending. We estimated development assistance for general health, COVID-19 response, and pandemic preparedness and response using a keyword search. Health spending estimates were combined with estimates of resources needed for pandemic prevention and preparedness to analyse future health spending patterns, relative to need. Findings In 2019, at the onset of the COVID-19 pandemic, US$9·2 trillion (95$7·3 trillion (95% UI 7·2–7·4) in 2019; 293·7 times the $24·8 billion (95$43·1 billion in development assistance was provided to maintain or improve health. The pandemic led to an unprecedented increase in development assistance targeted towards health; in 2020 and 2021, $1·8 billion in DAH contributions was provided towards pandemic preparedness in LMICs, and$37·8 billion was provided for the health-related COVID-19 response. Although the support for pandemic preparedness is 12·2% of the recommended target by the High-Level Independent Panel (HLIP), the support provided for the health-related COVID-19 response is 252·2% of the recommended target. Additionally, projected spending estimates suggest that between 2022 and 2026, governments in 17 (95% UI 11–21) of the 137 LMICs will observe an increase in national government health spending equivalent to an addition of 1% of GDP, as recommended by the HLIP. Interpretation There was an unprecedented scale-up in DAH in 2020 and 2021. We have a unique opportunity at this time to sustain funding for crucial global health functions, including pandemic preparedness. However, historical patterns of underfunding of pandemic preparedness suggest that deliberate effort must be made to ensure funding is maintained