scholarly journals Model Studi Hukum Keluarga Islam: Mencari Pijakan, Merespon Tantangan Zaman

2020 ◽  
Vol 7 (2) ◽  
pp. 171-200
Author(s):  
JM Muslimin

This article offers a contextual study model on the Islamic law in Indonesia where Muslim people expect their religion to be able to adapt to the complex current developments, such as administrative affairs and state legislations, in the country. This issue also takes place globally, particularly in the Muslim world. Here, this paper delves this problem by exploring some factors that lead people to partake that expectation. 

2017 ◽  
Vol 17 (2) ◽  
pp. 179
Author(s):  
Azwir Azwir

Learning the Quran is regarded as an essential activity in Muslim world in order to educate their young generations. However, in Aceh Besar district, many children and teenagers are not accustomed to reciting the Quran after the sunset prayer, but instead wandering around the street. Therefore, in 2012, the local government initiated a program of Beut al-Quran Ba’da Magrib in all villages in Aceh Besar district. This study attempted to figure out the effectiveness of the implementation of the program, strategy used, and impacts on the people in Aceh Besar. Held in Aceh Besar district, the study used cluster-based purposive sampling in Banda Safa, Lamcot, and Meunasah Karieng Lamlhom villages. The research participants were the Head of Islamic Law Office of Aceh Besar, teungku (Islamic teachers) of the program, santri (students) of the program, and community figures. In addition, the researcher had also collected some important documents reagrading this program. The data were collected by interview, observation, and documentation. The data were also triangulated. The findings indicated that the implementation of Beut al-Quran Ba’da Magrib program was not effective as expected. The strategy used was requiring school aged children to take part in the program. The impacts, however, were very good as the program has induced positive spirit of the young learners, as well as of the community and local environment. The positive impacts have encouraged other villages to implement similar programs. Nevertheless, there were still some obstacles that need to attention during the implementation of the program.


1999 ◽  
Vol 16 (2) ◽  
pp. v-ix
Author(s):  
AbdulHamid A. AbuSulayman

Any Muslim intellectual who has a serious concern for the relativelydeteriorating condition of the Muslim Ummah with respect to the WesternWorld would be depressed and confused. However, the recent history of theMuslim World shows how many determined reformist movements playeda positive role in changing the Muslim condition. But these movements metwith partial or limited success.It was in the late seventeenth, nineteenth, and early twentieth centuries,an ascendant Europe undermined and overran much of the UthmaniDuwlah (Ottoman Empire) and finally put an end to it, much to the shockand dismay of the Muslim World. The powerful European challenge andthis drastic event elicited two contrasting responses from the Muslim eliteand the masses. While many of them resorted to superficial imitation andinitiated capricious copycat reform movements, some harnessed the risingawareness and the attendant spirit of resistance to launch more genuineefforts and reform movements. Understandably, these efforts were conflicting,emotional, and limited in their scope but they eventually helpedMuslim societies to gain political independence in the post-World War IIera. At the heart of these reforms and political liberation was the Muslimpeoples’ desire to realize their Islamic, national, and cultural aspirationsalong with the hope of enjoying a standard of living comparable to that ofthe West.Unfortunately, these hopes were not achieved and the cultural reformscontinued to be emotional, arbitrary, and patchwork (talfiq). The conditionof the Muslim people continued to deteriorate and the gap between theWestern world and the Muslim world continued to widen. The former continuedto dominate and exploit that latter. All this proved that arbitrary,emotional, superficial, and limited patchwork reforms would not have aserious impact on the conditions of the Muslim people and will fail to realizetheir national or Islamic aspirations ...


2014 ◽  
Vol 29 (2) ◽  
pp. 317-329 ◽  
Author(s):  
Michael Skjelderup

AbstractHarakat al-Shabaab al-Mujahideen, usually referred to as al-Shabaab (the youth), is known primarily as a Somali terrorist group. But since the end of 2008, it has functioned as a state power in large parts of Southern and Central Somalia. In this article, I analyze the main legal body of the group: theqāḍīcourt. In order to establish law and order in their territories, al-Shabaab has applied their own version ofsharī'a. The article reveals that al-Shabaab's application of criminal law follows the inherent logic of classical Islamic legal doctrines on several points. However, the al-Shabaab courts tend to overlook many of the strict requirements regarding evidence and procedure that were outlined by the medieval Muslim scholars in order to humanize Islamic law. Therefore, the legal reality of al-Shabaab's regime is far more brutal than that of most other Islamic-inspired regimes in the contemporary Muslim world. Al-Shabaab's practice of Islamic criminal law may be seen not only as a means to exercise control through fear but also as an effective way of filling the vacuum of insecurity and instability that has followed twenty years of violence and the absence of state institutions in its territories. I argue that, in order to understand al-Shabaab's current practice of criminal law, one has to take into consideration the group's jihadi-Salafi affiliation. According to Salafi notions,sharī'ais not only a means to an end, but an end in itself. As such,sharī'a(i.e., God's divine law) is the visual symbol of an Islamic state. Consequently, the application of Islamic criminal law, and especially of theḥudūdpunishments, provides al-Shabaab with political-religious legitimacy.


2009 ◽  
Vol 9 (4) ◽  
pp. 707-731 ◽  
Author(s):  
Abdullah Saad Alarefi

AbstractIslamic law is known as the Shari'ah, which means the path to follow God's law. The Shari'ah controls, rules and regulates all public and private behaviour. Shari'ah law does not exclude any knowledge from other sources and is viewed by the Muslim world as a vehicle to solve all problems – civil, criminal and international. The article offers a brief insight into Islamic law and provides a full understanding of the nature of Islamic law and its jurisprudential and legal concepts.


1977 ◽  
Vol 21 (2) ◽  
pp. 137-138 ◽  
Author(s):  
Norman Anderson

During the last two or three decades there have been a number of significant developments in the application of Islamic law in Africa. Most of these are discussed in some detail in my recent book, Law Reform in the Muslim World, so I will confine myself here to the barest summary.


2020 ◽  
Vol 14 (1) ◽  
pp. 99-112
Author(s):  
Ahmad Zayyadi

This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.


2014 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ahmad Bunyan Wahib

This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.


2021 ◽  
pp. 1-28
Author(s):  
Lena Salaymeh (لينا سلايمة)

Abstract Contemporary Islamic legal studies – both inside and outside the Muslim world – commonly relies upon a secular distortion of law. In this article, I use translation as a metonym for secular transformations and, accordingly, I will demonstrate how secular ideology translates the Islamic tradition. A secular translation converts the Islamic tradition into “religion” (the non-secular) and Islamic law into “sharia” – a term intended to represent the English mispronunciation of the Arabic word شريعة (sharīʿah). I explore the differences between historical Islamic terms and secular terms in order to demonstrate that coloniality generates religion and religious law; in turn, these two notions convert شريعة (sharīʿah) into “sharia” in both Arabic and non-Arabic languages. Consequently, the notion of “sharia” is part of a colonial system of meaning.


Author(s):  
Yevhen Filianin

The purpose of this article is to study the receptions of Islam and Muslim cultures in the Ukrainian public sphere of the late XIX – early XX centuries, using “Kievskaya starina” journal as an example. The content of the journal, specifically its thematic focus is analyzed. The materials related to the study of Islamic cultures are highlighted and analysis of their texts is conducted. The article by M. Drahomanov “Turkish anecdotes in Ukrainian folk literature” is studied. Author's attitude to the problem of studying oriental cultures by historiography of the late XIX century is covered. M. Drahomanov’s dissatisfaction with insufficient degree of studies on Muslim people by late XIX century scholars and his desire to make these studies relevant to academic community is established. The study pointed at author's awareness of significant intercultural ties between ethnic groups of Ukrainians, Turks and Tatars. The facts depicting M. Drahomanov’s emphasis on the importance of intercultural factor in the formation of folk art and the relations between his thoughts and conventional views of the late XIX – early XX century are presented. The analysis of the review of “The Notes of the Crimean Mountain Club” article on the relations between Zaporozhia and Crimea by L. Lvov is carried out. The presence of the ideas about close interconnection of the Ukrainian and Tatar history in Ukrainian public sphere of the late XIX century is established. Good evaluation of such ideas in the mentioned discourse is depicted. The article makes a statement that there is a significant potential for further study of the receptions of Islam in the Ukrainian public sphere of the late XIX – early XX century.


ICR Journal ◽  
2016 ◽  
Vol 7 (4) ◽  
pp. 552-553
Author(s):  
Daud Batchelor

The contemporary situation in much of the Muslim world suggests to us that, while teachings on ibadat (ritual worship, including prayer, fasting, zakat, hajj) have been faithfully conveyed to many of us by our Imams, instruction in the other category of Islamic law, mu’amalat  (civil transactions and social interactions), has generally been given less attention. This has led to shortcomings in the Muslim world, especially in the context of our duty to provide an exemplary moral example for the rest of humanity.


Sign in / Sign up

Export Citation Format

Share Document