scholarly journals Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia

Author(s):  
Ahmad Edwar

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation

2018 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Syahrial Dedi

The experts of the Islamic law methodology (Ushuliyyin) have inherited the ta'wil method; a method of discovering the esoteric meaning in the textual disclosure.  The application of ta'wil method must be exactly based on predetermined rules of play. The mistake of understanding a method will have negative impact toward the law product. This phenomena was worried about by the ushuliyyin very much. This research is a library study with content analysis method. This study concludes that ta'wil according to ushuliyyin that is, the abrogation of a pronouncement of the meaning of zhahir to another meaning which is not quickly captured, because there is a proposition that the meaning is meant by the pronouncement. Evidence of ta'wil in the form of nash, qiyas, luhgawiyyah, 'aqliyyah, and' adad ('urf), and the argument disputed is the wisdom of al-tasyri' (maqashid al-syari'ah) which is practiced only by ulama ushul al-Hanafiyyah. Ta'wil covers the furu' problems. Ushuliyyin finds some form of ta'wil, among which specializes in general pronouncing (takhshish al-'am), limiting the mutlaq (taqyyid al-mutlaq), transfer the utterance from the essential meaning to the majazi, or from the obligatory meaning of the sunnah. Generally the ta'wil method is still considered relevant to the renewal of Islamic law.


2020 ◽  
Vol 17 (1) ◽  
pp. 73
Author(s):  
Iffatin Nur ◽  
Muhammad Ngizzul Muttaqin

Up to this contemporary era, the concept of maṣlaḥah developed by several leading Moslem scholars seems to be rather theocentric in a way that it is transfixed on the maṣlaḥah considerations contained in the texts (naṣṣ). This means that the concept of maṣlaḥah has so far been shadowed in the textual confinement so that the resulting maṣlaḥah becomes an old-fashioned, stagnant, and less-able concept for responding to the times’ challenges. This study aims to open up discourses and opportunities for the development and reformulation of maṣlaḥah in the current contemporary era. This qualitative study is library research. The data used were obtained from book literatures, journals, and other writings related to maṣlaḥah and were analyzed using a content analysis method. The discussion was done by describing the historical data of previous thoughts on maṣlaḥah from the process of textual confinement to logic determination which was then formulated with the reality of today's modern era life. The results of this study indicate that: 1) from its historical aspect, the reformulation of maṣlaḥah is one which has so far only been assessed in the perspective of Shāri' (the Law Maker), hence, it is necessary to reformulate it in the perspective of mujtahīd by referring to maṣlaḥah associated with the issues’ reality context, 2) there is a need to incorporate the concept of ethics and humanity into the structure of maṣlaḥah, and 3) there present a necessity to formulate a collective-based ijtihād in probing of maṣlaḥah to create a scientific maṣlaḥah-based ijtihād methodology.Hingga pada era kontemporer sekarang ini, konsep maṣlaḥah yang dikembangkan oleh beberapa tokoh ilmuwan Muslim tampak lebih bersifat teosentris yang terpaku pada pertimbangan maṣlaḥah yang terdapat pada teks (naṣṣ). Artinya, konsep maṣlaḥah selama ini masih terbayang-bayang dalam kungkungan teks sehingga maṣlaḥah yang dihasilkan menjadi konsep yang jumud, stagnan, dan kurang bisa merespon tantangan zaman. Penelitian ini berusaha membuka wacana dan peluang terhadap perkembangan dan reformulasi maṣlaḥah pada era kontemporer saat ini. Penelitian ini adalah sebuah studi pustaka (library research) yang dilakukan dengan metode kualitatif. Data yang dipakai berasal dari literatur buku, jurnal, dan tulisan-tulisan lain yang berkaitan dengan maṣlaḥah dan dianalisa menggunakan metode content analysis. Pembahasan dilakukan dengan mendeskripsikan data sejarah pemikiran maṣlaḥah dari proses kungkungan teks hingga determinasi akal yang kemudian diformulasikan dengan realitas kehidupan era modern saat ini. Temuan penelitian ini menunjukkan bahwa: 1) reformulasi maṣlaḥah dari aspek sejarah adalah maṣlaḥah yang selama ini hanya dinilai dalam perspektif Syari’, karena itu perlu mereformulasinya dalam perspektif mujtahid dengan mengacu kepada maṣlaḥah yang dikaitkan dengan konteks realitas permasalahan, 2) perlu untuk memasukkan konsep etika dan kemanusiaan dalam struktur maṣlaḥah, dan 3) perlu untuk mereformulasikan ijtihād berbasis kolektif dalam pengambilan maṣlaḥah guna menciptakan metodologi ijtihād berbasis maṣlaḥah yang ilmiah.


2019 ◽  
Vol 2 (2) ◽  
pp. 239
Author(s):  
Ahmad Fauzi Ilyas

<p><strong>Abstrak:</strong> Penelitian ini membahas polemik antara Sayyid Usman Betawi dan Syekh Ahmad Khatib Minangkabau tentang pelaksanaan salat Jumat di dua masjid di Palembang. Artikel ini merupakan hasil penelitian kepustakaan dengan memanfaatkan metode analisis isi. Kajian ini dimulai dari pengungkapan biografi kedua ulama dan polemik kedua ulama dalam bidang fikih, khususnya tentang salat Jumat. Perdebatan ini memang menyita perhatian Sayyid Usman yang menulis sepuluh karya tentang objek yang diperdebatkan. Studi ini menunjukkan bahwa tradisi kritik tidak saja berlaku pada ulama di era klasik, tetapi juga ulama Nusantara di era Kolonial. Perdebatan di antara dua ulama dalam satu persoalan terjadi pada satu masa tetapi berbeda tempat. Studi ini berkontribusi bagi pengkajian hukum Islam di era kolonial Belanda, sekaligus telah membuktikan bahwa ulama-ulama Nusantara berkontribusi dalam pengkajian hukum Islam di Nusantara.</p><p><br /><strong>Abstract</strong>: <strong>Polemic of Sayyid Usman Betawi and Shaykh Ahmad Khatib Minangkabau about Friday Prayer</strong>. This study discusses the polemic between Sayyid Usman Betawi and Shaykh Ahmad Khatib Minangkabau about carrying out Friday prayers in two mosques in Palembang. This article is the result of library research using the content analysis method. This study begins with the disclosure of the biographies of the two ulemas and polemics of the two scholars in the field of jurisprudence, especially regarding Friday prayers. This debate indeed caught the attention of Sayyid Usman, who wrote ten works on the debated objects. This study shows that the tradition of criticism not only applies to the ulama in the classical era, but also the scholars of the Archipelago in the Colonial era. The debate between the two scholars in one problem occurred at one time but at a different place. This study contributes to the study of Islamic law in the Dutch colonial era, while also proving that the archipelago’s scholars contributed to the study of Islamic law in the archipelago region.</p><p><strong>Kata Kunci:</strong> fikih, ulama, naskah, Haramain, Nusantara</p>


2020 ◽  
Vol 3 (2) ◽  
pp. 317
Author(s):  
Furqonul Haq ◽  
Muhammad Zainul Wathani

In the last decade, Ghirrah related to the practice of Waqf in Indonesia is increasing in terms of quantity and diversity. For example, continue to increase the land/object of Waqf, the more new institutions that manage the Waqf, the existence of associations and forums for the development of Waqf, and the presence of new types of Waqf, such as insurance. Waqf is a proven system that can contribute to progress, culture, education, economics, social and civilization. In Islam Waqf has been practiced since the time of Rasulullah SAW and has undergone many significant changes ranging from its type, management and purpose. All that demands a new ijtihad ijtihad that can provide an alternative development of Waqf in the present that does not contradict the Islamic Shari'a. The purpose of this article is to highlight the importance of waqf in establishing student house. Nowadays, worthed boarding house is costly and this has prevented students from getting worthed boarding house. This paper offer an alternative solution to relieve such a situation, namely, through the application of waqf. The study suggests a concept to establish Waqf student house. The data was mainly collected using library research, all the data were analysed using the content analysis method. The findings show that waqf student house can help and support education in university. This article provides simulation scheme for establishing student house through waqf


Author(s):  
Adenan Adenan ◽  
Ismet Sari ◽  
Sutan M. Arfierdin Pohan

<p><em>The rise of evil that existed in this period began from free association, abuse of drugs, theft and others. The moral deterioration is very much happening and the way to cope with it is by deepening the science of religion, which is with a lot of scientific knowledge of Tauhid. The science of Tauhid is a science that discusses the attributes of Allah SWT and his Messenger or called Aqaid Al-Khamsina. By studying the science of Tauhid can certainly reduce the number of criminality because by learning the science of Tauhid means a person's behavior will be much better. This research aims to determine the meaning of Aqaid Al-Khamsina and the explanation of each of these qualities. This research is included in Library research.  Primary data sources include the book by Imam Muhammad bin as-Sanusi named Umm al-Barahin, the publisher city of Kediri, the publisher name Santri Salaf Press, in the year 2015 and the book of Sheikh Muhammad Al-Fudholi named Kifayatul Awam, the publisher of Surabaya, the name of publisher Mutiara Ilmu, in the year 2018.  The secondary sources are books related to Aqaid Al-Khamsina, which is a book by Siradjuddin Abbas named I'itiqad Ahlussunnah Wal Jama'ah, a book by Abu Fikri Ihsani called Encyclopedia of Allah, a book by Imam Abil Izz Al-Hanafi named Tahdzib Syarah Aqidah Thahawiyah. In analyzing this research researchers use the Content analysis method (content analysis) is by means of drawing conclusions from several references that have been chosen, compared and combined.  The results of the research obtained is that Aqaid Al-Khamsina is a nature of Allah SWT and its Apostles that if in total there is 50 consisting of 20 mandatory nature of God, 20 impossibly god nature, 1 Jaiz nature, 4 mandatory nature of the Apostle, 4 the odds of the Apostle and 1 character Jaiz apostle. All of our mandatory qualities are known and Imani as the perfection of the creed.</em></p><p><strong><em>Keywords:</em></strong><em> Ahlussunnah Wal Jama'ah, Aqaid Al-Khamsina, Akidah, Tauhid.</em></p>


2020 ◽  
Vol 9 (2) ◽  
pp. 213-228
Author(s):  
Naning Ma’rifatul Faiqoh ◽  
R. Umi Baroroh

Recently, many educational theories grow up based on the assumptions in some problems. This article explores humanistic learning theory and its implications for learning Arabic at maharah istima ', using library research, since the data and information were collected in the form of a continuous library with discussion, then the researcher analyzed the data using content analysis method. The results shows that the application of  maharah istima '  learning Arabic includes learning objectives, learning models, using media, culture and students’ background. Carl Rogers' humanistic theory emphasizes deep humanity, does not contain selfish, individualistic elements or authoritarian, they do not have to follow our opinion, so this theory focuses on the student center, that focused on the cognitive, affective and psychomotor aspects by giving students their rights, being humanized, recognized and accepted, from which students will be optimistic in voicing contents of their mind.


2018 ◽  
Vol 1 (2) ◽  
pp. 207-214
Author(s):  
Alimuddin Alimuddin

This research aims at analysing the interactive education concept in Qur’an wich examines specifically surah al-Baqarah (2) verse 133 and surah al-Saffat (37) verse 102. This research applied both qualitative research approach and are uses type of research literature (Library Research). The technique of data collection carried out in this Reseach was decomentation techniques. Furthermore, the collected data was analysed by using the content Analysis Method. The finding shows that educative interaction in the koran has purposes of promoting a generation of monotheism (Tauhid) to Allah, diligent in worship, and noble character. The achievement is significantly influenced by the personality influenced by the personality of an educator who is patient, caring, and knows the students’ psychology. Moreover, an educative interaction within Qur’an to correspond between values, knowledge and behavior wich lead the learners to be great figures, being able to build a mindset namely scientific thought and noble character.


2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Elimartati Elimartati

<p><em>In common tradition, m</em><em>aking a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).</em></p><p><em><br /></em></p>


2021 ◽  
Vol 6 (3) ◽  
pp. 196-202
Author(s):  
Nurul Fakriah

In the 17th century, Nuruddin Ar-Raniry wrote a manuscript about the Aceh Kingdom, namely Bustanussalatin, which means the garden of the kings. Following the working title, in one part of the chapter, he described the garden that was a kingdom in detail. This study aims to determine if the garden existed in that era can deliver as an Islamic garden, considering the Kingdom was ruled based on Islamic law. To answer the part of Bustanussalation which described the garden was carried out using the content analysis method. The coding and sorting based on the concept of Islamic garden based on Islamic source, which is the Quran and Hadits, which has been carried out by other research. The result showed that the garden implemented the Islamic garden concept in picturing the garden in Heaven. However, it can not be denied that some restriction in sharia was disobeyed in the garden in using the elements of the causing the garden element historical garden.


2021 ◽  
Vol 25 (1) ◽  
pp. 97-114
Author(s):  
Dini Farhana Baharudin ◽  
Kalsom Ali ◽  
Mahanom A. Jalil ◽  
Arif Ainur Rofiq

The Coronavirus Disease 2019 (COVID-19) pandemic affects mental health in communities all over the world. Thus, this paper aims to see the potential of gardening as a therapy for mental health during this COVID-19 pandemic. Through the content analysis method, library research was conducted to examine this intervention. Findings show that gardening can be an alternative approach to prevention and healing in regards to mental health issues. Nature-based intervention such as gardening helps bring the feeling of peace and closeness to Allah which also allows for mental health issues to be curbed and health be restored, which ensures the overall well-being of those affected by COVID-19.


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