scholarly journals Cadar and Women’s Awrat In Indonesian Qur'an Literature

2021 ◽  
Vol 22 (2) ◽  
pp. 455
Author(s):  
Indal Abror ◽  
Nurdin Zuhdi ◽  
Iwan Setiawan ◽  
Ahmad Suhendra
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Comparative Method ◽  
Library Research ◽  
The Face ◽  
The Difference ◽  
Interpretation Of Literature

The use of cadar becomes a controversial discussion in Indonesia. However, the majority of scholars consider the cadar is not an obligation in religion. Bearing in mind, there are differences in the limits of women's genitalia or awrat. It shows in the Quranic interpretation of literature in Indonesia that cadar's views lie in the different scholars in interpreting and determining the limits of women's genitalia. This paper uses a comparative method to compare the interpretations of Hasbi Ash-Shiddieqy and Quraish Shihab in understanding verses about the cadar and the limits of women's Awrat (genitalia) in both interpretations. This research method is qualitative and library research. Hasbi Asy-Syiddieqy, in his interpretation of An-Nur, explains that women are obliged to cover their jewelry, while Quraish Shihab considers the cadar is not an obligation in religion because, for him, the face is not part of the awrat (genitalia) that must be covered. The difference can be seen from their educational and scientific backgrounds. Hasbi Asy-Syiddieqy has a background in Islamic law (Fiqh), so the style of interpretation in the book of An-Nur is more nuanced in fiqh. However, Quraish Shihab highlights the nuances of interpretation in the book of Al-Misbah, which tends to imitate the model or style of interpretation of Muhammad Abduh and Rashid Rida. This cadar is part of the need for tahsiniyat (Luxuries). The need for tahsiniyat is a need which if not fulfilled, does not threaten the existence of one of the maqashid ash-shariah (objectives of sharia) and does not cause difficulties.

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

scholarly journals Analisis Hukum Bunga Bank Ditinjau dari Perspektif Maqashid Syariah

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Sya Rifah Isnaeni
Keyword(s):  
Islamic Law ◽  
Conceptual Approach ◽  
Operational Costs ◽  
Library Research ◽  
The Law ◽  
The Difference ◽  
Conventional Banks

The background of this research is the exixtance of the difference opinion between ulama and moslem scholars about the law of interest in Islam, which is until now still not discovered the solusion opinion and it make interesting for the researcher to make a research about the object more deep and more wide. But the researcher will not use Islamic law perspective as analysis basic, the researcher will use the objectives of sharia as analysis basic.This research is limited by several problems as following: (1) Why bank interest is needed by conventional banks? And (2) How is the law of interest if observed from the objectives of syariah (maqashid sharia)?This research is a library research. In this research the researcher choose to use a conceptual approach because the purposes which need to be achieved trouhg this research is to result an Islamic law thought about the law of interest which is not being bounded by the opinions or theories launched by majority of the moslem scholar. So this research can originally refer to the objectives of the sharia as what has been agreed by majority of ulama.The results of this research there are: (1) the interest is a money amount addition which have to paid by bank to the costumer based on the loan percentage that given by bank to their customer. Bank interest is used for the Bank's operational costs, if there is no interest instrument, it is likely that the Bank will not be able to survive. And (2) there are three opinions of ulama’s law judgments about the law of interest, it is forbidden (haram), permitted (halal) and dubious (shubhat). If this law opinions observed based on the objevtives of sharia, the researcher can make a conclusion that the opinion which is permit the interest is the most according to the objectives of sharia, and it is related to the concept of hifz al-nafs (take care of soul) and hifz al-mâl(take care of property) than the opinion whih has been forbid the interest. The permitted law of interest in the concept of hifz al-nafs (take care of soul) can be located in the dharuriyah, hajiyah and tahsiniyah degrees. While The permitted law of interest in the concept ofhifz al-mâl(take care of property)can be located in the dharuriyah and hajiyah degrees. Keywords: Interest, Usury, Maqashid Sharia, hifz al-nafs (Take care of soul), hifz al-mâl (Take care of Property).

scholarly journals Islam, State, and Nationalism in Brunei Darussalam, India, Indonesia, and Malaysia: A Comparative Perspective

2020 ◽  
Vol 21 (2) ◽  
pp. 182
Author(s):  
Muh Arif Royyani ◽  
Muhammad Shobaruddin
Keyword(s):  
Human Activity ◽  
Islamic Law ◽  
Comparative Method ◽  
State System ◽  
Gray Zone ◽  
Nationalist Movement ◽  
Brunei Darussalam ◽  
Library Research ◽  
Independence Era

<p><span lang="EN-US">Islam has comprehensive roles in some aspects of human activity. It enlarged from theological aspect to political aspects. Some former colonized countries where Islam was coexisted, this religion became an embryo of nationalist movements during colonization era. This essay scrutinizes the role of Islam in escalating nationalism during colonization era and it relation with the states in post colonization era in four former colonized countries namely Brunei Darussalam, India, Indonesia, and Malaysia. By using comparative method, the essay researched some main literature (library research) related to Islam and nationalism. It was founded that Islam has significant roles in nationalist movement in the four analyzed countries through several channels. Meanwhile, in the post-independence era, the relation between Islam and state system are variably. In India, Islam is separated from state system (secular). In contrast, Islamic ideology became the main sources of state system in Brunei Darussalam (adopted entirely) and Malaysia (adopted partially). Then, Islam in Indonesia seems like “a gray zone” because the country does not using Islamic law but still adopting Islamic thoughts in several cases. </span></p>

scholarly journals Admissibility of Iqrar as Evidence: the Issue of Voluntariness from Syariah Principles Perspective

2018 ◽  
Vol 7 (3.30) ◽  
pp. 104
Author(s):  
Ahmad Azam Mohd Shariff ◽  
Ramalinggam Rajamanickam ◽  
Parveen Kaur Harnam Singh1 ◽  
Siti Khadijah Md Lazim ◽  
Anna Sofea Nurol Adzmi ◽  
...  
Keyword(s):  
Research Method ◽  
The Other ◽  
Other Hand ◽  
Library Research ◽  
The Difference

Iqrar is a form of bayyinah or evidence which could be tendered during trial at the syariah court. The syariah evidential principles renders it relevant and admissible with varying effect. Iqrar sorih or confession, once admitted by court, would become binding against the accused. In such a scenario, the court may convict the accused based on such confession without any need for further proof. On the other hand, the court may also admit an admission or iqrar kinayah but it could never convict the accused based on such admission alone. In other words, based on admissibility of such admission, a court could only convict the accused should such admission is further corroborated and strengthened by other evidence. This article however observes that the strength of a confession very mush depends on voluntariness of the maker of the confession. There is also some confusion among syariah practitioners as regards to the difference between both forms of iqrar. The conducted research is pure legal and qualitative in nature. Data and materials on iqrar confession and admission are collected via library research method. These data and materials are then analysed using critical and content methodologies.. This article analyses the relevancy and admissibility of iqrar confession and admission in the eyes of syariah evidential principles. It then strives at identifying problems relating to its admissibility and interpretation. This article eventually offers some ideas on ways of avoiding future misinterpretation of iqrar while simultaneously looking into some ideas on how to improve its application. 

scholarly journals Sabilillah dalam Pandangan Syekh Mahmud Syaltut dan Implementasinya dalam Hukum Islam Kotemporer

2020 ◽  
Vol 2 (1) ◽  
pp. 41-50
Author(s):  
Ahmad Dzulfikar
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Library Research ◽  
Universal Values ◽  
Interpretation Method

This paper reviews the meaning of the phrase sabilillah in the view of Shaykh al-Azhar, Al-Imam Al-Akbar, Shaykh Mahmud Syaltut. Discussing this phrase, Syaltut uses the maudhu'i interpretation method which is implemented in many of his works. By using the library research method, data related to Syaltut thought is collected and analyzed. From these data, the concept of sabilillah in view of Syaltut includes universal values of life established by Islamic law: goodness, justice, cooperation and compassion; and sabilillah is how to realize the objectives of Islamic law itself. With this understanding, Islamic law in the hands of Syaltut appears dynamic in accordance with the context of his era.

scholarly journals Makna Kafir dalam Al-Qur'an (Studi Komparatif Penafsiran Ibnu Kasir dan Quraish Shihab)

2021 ◽  
Vol 10 (1) ◽  
pp. 67
Author(s):  
Ahmad Farhan ◽  
Deden Bagus Putra
Keyword(s):  
Comparative Analysis ◽  
Comparative Study ◽  
Significant Influence ◽  
Research Method ◽  
Historical Context ◽  
Ordinary People ◽  
Historical Approach ◽  
Library Research ◽  
Similarities And Differences ◽  
The Difference

The word infidel is mentioned 525 times in the Qur'an. The use of this word infidel has various meanings as in the QS. Ali 'Imran:151, the word infidels are those who associate partners with Allah while in QS. Luqman:12, the Qur'an calls the disbelievers those who disbelieve in the favors of Allah. The difference in the term infidel is not only limited to the verses of the Qur'an, but also applies among commentators, scholars, intellectuals, to ordinary people, including in the understanding of Indonesian society. This research is entitled "The Meaning of Kafir in the Qur'an (Comparative Study of the Interpretation of Ibn Kasir and M. Qurais Shihab)". In order to significantly answer the questions that arise; what is the meaning of infidel in the Qur'an according to Ibn Kasir in the book of Tafsir al-Qur'an al-'Azhim and M. Quraish Shihab in the book of Tafsir al-Misbah, similarities and differences in interpretation, and the relevance of their interpretation in the Indonesian context. This research is a library research that uses descriptive comparative analysis research method with a historical approach. The results of this study are: the socio-historical context, sources of interpretation, methods, and styles have a significant influence in producing differences in the interpretation of the Qur'an, especially regarding the meaning of kafir. Between Ibn Kasir and M. Quraish Shihab agreed to interpret the word infidel in the form of isim jama 'muzakkar salim (الكَافِرُوْنَ) in five (5) verses, namely QS. al-Mai'dah: 44, QS. al-A'raf: 45, QS. al-Taubah: 32, QS. al-Ankabut: 47, and QS. al-Rum: 8 with the meaning of denying and covering, but differing in explaining the interpretation of the five verses, although the difference is not that far away. The interpretations of the two figures in this thesis are very relevant to the context of Indonesia which is multi-religious and multi-cultural.

scholarly journals Children's Criminal Responsibilities: Comparative Study in Islamic and Criminal Law

2018 ◽  
Vol 14 (2) ◽  
pp. 101-108
Author(s):  
Heni Hendrawati ◽  
Nurwati Nurwati ◽  
Budiharto Budiharto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Islamic Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
Legal Responsibility ◽  
Interesting Phenomenon ◽  
Library Research

The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.

scholarly journals TINJAUAN PERSPEKTIF FIKIH TERHADAP PELAKSANAAN MAHAR DALAM PERNIKAHAN

2021 ◽  
Vol 2 (1) ◽  
pp. 88-103
Author(s):  
Nazil Fahmi
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Scientific Study ◽  
Character Analysis ◽  
Women In Islam ◽  
Library Research ◽  
Definition Of

The process of marriage in Islam starting from the engagement stage to the reception is very much considered in every process. One part that is quite interesting in Islam is the dowry. Dowry is a form of gift that must be held in marriage issued by a man to a woman. Another definition of dowry is a full right that must be given to women as a form of respect for women in Islam as well as a form of responsibility and seriousness of a man to marry. From this description, this study chose library research as the research method and character analysis as the approach. Furthermore, as a result of this scientific study, in the perspective of fiqh, the views of the jurists differed in opinion, for example, the jurists, especially the jurists from the four schools of thought, had different opinions about the amount of the dowry and the payment and giving of the dowry. However, from the differences of each cleric, of course, his thoughts direct the benefits of applying dowry in Islamic law. Abstrak Proses pernikahan dalam Islam mulai dari tunangan sampai tahapan resepsi sangat diperhatikan dalam setiap prosesinya. Salah satu bagian yang cukup menarik perhatian dalam Islam adalah mahar. Mahar merupakan salah satu bentuk pemberian yang wajib diadakan dalam pernikahan yang dikeluarkan oleh seorang laki-laki kepada seorang perempuan. Definisi lain dari mahar adalah hak penuh yang harus diberikan kepada perempuan sebagai bentuk menghargai kedudukan perempuan dalam Islam serta bentuk tanggung jawab dan keseriusan seorang laki-laki untuk menikah. Dari uraian tersebut, kajian ini memilih penelitian pustaka sebagai metode penelitian dan analisis pemikiran tokoh sebagai pendekatan penelitian. Selanjutnya, sebagai hasil kajian ilmiah ini adalah dalam perspektif fikih utamanya pandangan para ulama fukaha mempunyai perbedaan pendapat, misalnya ulama fukaha khususnya ulama empat mazhab memiliki perbedaan pendapat tentang kadar mahar dan pembayaran serta pemberian mahar. Tetapi dari perbedaan setiap ulama tentunya pemikirannya mengarahkan kemaslahatan pada penerapan mahar di dalam syariat Islam.

scholarly journals Penyelarasan Fatwa Antara Negeri-Negeri: Analisis Amalan dan Kaedah Penyeragamannya di Malaysia

2018 ◽  
Vol 9 (1) ◽  
pp. 86-109
Author(s):  
Muhammad Fathullah Al Haq Muhamad Asni ◽  
Jasni Sulong
Keyword(s):  
Federal Government ◽  
Islamic Law ◽  
Field Studies ◽  
Legal Decisions ◽  
Factors Influencing ◽  
Library Research ◽  
State Administration ◽  
Qualitative Research Methodology ◽  
Differences Of Opinion ◽  
The Difference

Fatwa is usually associated with a formal decision in respect of any Islamic law issued by a committee of religious-based regions or countries that have legal jurisdiction. Therefore, a fatwa gazetted in particular has the power legally enforceable against civilians in the territory. However the difference territory and jurisdiction of religion causing inconsistencies especially pronounced in response to the question of who gets disputes by fuqaha’ (khilafiyyah). This situation is clearly in Malaysia, where there are 14 State Mufti Department varying representing their respective states. Some fatwas issued by these states are found to be unparalleled to each other and this situation poses a conflict, especially in the administration of law. Although each state has a State Administration of Islamic Affairs which is almost uniform, have a provision referring to Islamic law (qawl final) and monitoring by the National Fatwa Committee on an issue of national fatwa, but some of the fatwa still in dispute resolution. The situation is the existence of a situation of unjust laws, there is no consistency in doing ijtihad, which denies the meaning of equality in the decision of Islamic law in the country. Thus, based on this, the study was conducted to identify the cause of the inconsistency of this fatwa, the factors influencing and measures and proposals to overcome. This is a qualitative research methodology in which data were collected through library research and field studies. Field studies conducted interviews with the mufti method, istinbat officials and senior academics. The study found that the Federal Government through  Jabatan Kemajuan Agama Islam Malaysia (JAKIM) has undertaken several initiatives to overcome this but the attitude of some members of the committee of states fatwa on the matter, which holds tight (rigid) to the Shafi'i and mastering knowledge in accepting differences of opinion (mura'ah al-khilaf ) restrain to reach this goal. This is because the Majlis Jawatankuasa Fatwa Kebangsaan (MJFK) was agreed as the medium of fatwa union between the states in the country and should be given priority at this stage of legal decisions ruling that the state can participate fully. Keywords: Fatwa, the difference (khilaf), Mufti, istinbat methods, Shafi'i madhhab Abstrak Fatwa adalah biasanya dikaitkan dengan keputusan rasmi berkenaan sesuatu hukum syarak yang dikeluarkan oleh sesuatu jawatankuasa agama yang berasaskan wilayah atau negara yang mempunyai bidangkuasa undang-undang. Oleh kerana itu, sesuatu fatwa khususnya yang diwartakan mempunyai kuasa perundangan yang boleh dikuatkuasakan ke atas orang awam di wilayah terbabit. Bagaimanapun perbezaan wilayah dan bidangkuasa agama menyebabkan berlakunya ketidakseragaman fatwa khususnya dalam menanggapi persoalan yang mendapat perselisihan fuqaha’ (khilafiyyah). Keadaan ini amat terserlah di Malaysia di mana terdapat 14 Jabatan Mufti Negeri yang berbeza-beza yang mewakili negeri masing-masing. Sebahagian fatwa yang dikeluarkan oleh negeri-negeri ini didapati tidak selari antara satu sama lain dan keadaan ini menimbulkan konflik terutamanya dalam pentadbiran undang-undang. Walaupun setiap negeri mempunyai Enakmen Hal Ehwal Pentadbiran Agama Islam yang hampir seragam, mempunyai peruntukan rujukan hukum syarak (qawl muktamad) yang sama dan pemantauan Muzakarah Jawatankuasa Fatwa Kebangsaan dalam sesuatu isu fatwa nasional, namun sebahagian fatwa tersebut masih lagi mendapat perselisihan keputusan. Keadaan ini mewujudan situasi hukum yang tidak adil, tiada keselarasan dalam melakukan ijtihad, yang menafikan maksud kesaksamaan dalam keputusan hukum syarak dalam negara ini. Justeru berdasarkan hal ini, kajian dijalankan untuk mengenal pasti punca ketidakselarasan fatwa ini, faktor-faktor yang mempengaruhi dan langkah serta cadangan untuk mengatasinya. Metodologi kajian ini bersifat kualitatif di mana data-data dikumpulkan melalui kajian kepustakaan dan kajian lapangan. Kajian lapangan dilakukan secara metod temubual dengan para mufti, pegawai istinbat dan ahli akademik. Hasil kajian mendapati bahawa Kerajaan Persekutuan melalui Jabatan Kemajuan Agama Islam Malaysia (JAKIM) telah melakukan beberapa inisiatif untuk mengatasi hal ini namun sikap sesetengah ahli jawatankuasa fatwa negeri yang ketat (rigid) kepada Mazhab Syafi'i dan penguasaan ilmu dalam menerima perbezaan pandangan (mura'ah al-khilaf) mengekang kepada capaian matlamat ini. Ini kerana Majlis Jawatankuasa Fatwa Kebangsaan (MJFK) telah dipersetujui sebagai medium penyatuan fatwa antara negeri-negeri di negara ini dan sepatutnya diutamakan keputusan hukum di peringkat ini supaya fatwa negeri dapat mengikuti dengan sepenuhnya. Kata kunci: Fatwa, perbezaan (khilaf), Mufti, kaedah istinbat, Mazhab Syafi'i.

Sign in / Sign up

Export Citation Format

Share Document