scholarly journals Taqlid dan Ijtihad dalam Lintasan Sejarah Perkembangan Hukum Islam

2020 ◽  
Vol 22 (1) ◽  
pp. 72-91
Author(s):  
M Holis
Keyword(s):  
Historical Perspective ◽  
Islamic Law ◽  
Comprehensive Understanding ◽  
Legal Thought ◽  
Islamic Countries ◽  
The Times ◽  
Historical Trajectory

Change is a necessity, which must be addressed by Islamic law in the form of ijtihad. However, it is in this condition that the attitude of taqlid arises which results in stagnation. This paper tries to find a comprehensive understanding of "taqlid and ijtihad" from a historical perspective or historical trajectory of Islamic legal thought. At the end of this paper, it was concluded that the stagnation of Islamic law was due to: (1) a wider territory of Islamic countries, (2) divisions in the Islamic government, (3) assumptions that Islamic Laws were firmly codified, and (4) the haphazard emergence of fatwa-giving groups. In response to this stagnation, the contemporary Muslim thinkers promote the re-actualization of Islamic teachings and the reinterpretation of existing nash in the hope that a more conclusive legal judgment can be obtained (able to answer the challenges of the times), to tacle with a variety of the emergence of actual problems that require legitimacy from Islamic law.

scholarly journals METODE IJTIHAD T. M. HASBI ASH-SHIDDIEQY SEBAGAI PRODUK PEMIKIRAN HUKUM ISLAM

2017 ◽  
Vol 15 (1) ◽  
pp. 109-126
Author(s):  
Muhammad Hasbi
Keyword(s):  
Islamic Law ◽  
First Principle ◽  
Legal Thought ◽  
Changing Times ◽  
The Times

Abstract: This paper will examine the method of ijtihad Hasbi Ash-Shiddieqy in giving birth to Islamic legal thought products. Ijma ', qiyas, Istihsan, maslahah al-mursalah, and' urf is a method or means in producing law as a product of Islamic legal thought. The five principles that enable Islamic law to develop in keeping with the times, namely; first; principle of ijma '. Second, the principle of qiyas. Third; maslahah al-mursalah. Fourth; maintenance 'urf. Fifth; changing law with changing times.

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.

Rekonstruksi Metodologi Fikih Kontemporer

2018 ◽  
Vol 12 (2) ◽  
pp. 329-340
Author(s):  
Ansori Ansori
Keyword(s):  
Islamic Law ◽  
Important Lesson ◽  
Important Thing ◽  
Legal Provision ◽  
Global Era ◽  
The Times

One of the causes of underdevelopment of Muslims is when fiqh is positioned equivalent to naṣṣ (Holy Scripture). When fiqh is equated with naṣṣ, fiqh becomes sacred, there is no courage for people to criticize it, let alone make changes to existing fiqh provisions. As a product of reason (ijtihād), fiqh is not intended as a final legal provision. The ijtihād carried out by the generation after the death of the Prophet Muhammad must be made an important lesson for the need for the development of Islamic law (fiqh) to keep abreast of the times. Another important thing is that applying fiqh law must not only follow fiqh products, but also must understand the process. This means that knowing the methods used by jurists (fuqahā’) to process fiqh births should not be ruled out. Understanding the methods used by jurists (fuqahā’) will open the development of fiqh in the global era, so that fiqh products as a guideline for Muslims will remain relevant and responsive and able to solve contemporary problems.

scholarly journals KONTRIBUSI POSITIF ORIENTALISME: KAJIAN ATAS REINHART DOZY (1820-1883 M)

2020 ◽  
Vol 20 (1) ◽  
pp. 85
Author(s):  
Ghulam Falach
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Great Influence ◽  
Literary Work ◽  
Comprehensive Understanding ◽  
Islamic History ◽  
Library Research ◽  
History Of ◽  
And Function ◽  
Islamic Civilization

The main focus of Orientalist thought is nothing but to reconstruct and influence Islamic civilization. Their enthusiasm to activate orientalism is increasingly challenged by the presence of Islam as a religion that has followers of most of the world's population. One of the actions of orientalism towards the Islamic world is to start a research movement on the Qur'an and al-Hadith which are the basis of the law and guidelines of Muslims. Not far from the critics of the Qur'an and al-Hadith, they also deconstructed aspects of the development of science, Islamic law, and even the originality of Islamic history. Some famous orientalism figures, one of them is Reinhart Dozy, a famous orientelism from the Netherlands with the concept of literacy in the history of Islamic civilization in Spain. Even though he received a lot of criticism and appreciation from both orientalists and Muslim thinkers, his literary work has had a great influence on Islamic civilization. The discussion steps of this study are entirely carried out using qualitative research that is library research. To be more useful and function properly, this paper is equipped with an explanation using the method of description, interpretation and analysis of data in each discussion. This is done, none other than to focus the discussion to produce a consistent and comprehensive understanding.

scholarly journals The Implementation Effort Islamic Law Norms in Activities for Overcoming Pornography and Pornoaction on Mass Media

2017 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Ramlani Lina Sinaulan
Keyword(s):  
Mass Media ◽  
Rule Of Law ◽  
Islamic Law ◽  
Social Values ◽  
The Rule Of Law ◽  
Implementation Effort ◽  
Permissive Attitude ◽  
The Social ◽  
Universal Properties ◽  
The Times

This paper discusses the effort Islamic Law norms in activities for overcoming pornography and porno-action on mass media. By using normative legal research, the result found that the concept of Islamic law, behave based on sharia, shows the importance of shaping the personality traits of Islam (syakhsiyya Islāmiyya) and based on the devotion and faith. Because of the relation to the formulation of the rule of law against pornography behavior, it can not be designed, prepared and formulated based on social values. Based on the facts of society, as a result of the moral decadence that led to a permissive attitude towards their cultural infiltration, the social values in assessing the behavior may become more permissive toward behavior. However, the use of religious norms which have universal properties will not change, and even capable of elastic with the times.

scholarly journals Administrasi Publik Dalam Perspektif Islam: Kajian Pada Sistem Pemerintahan Umar Bin Khattab

2021 ◽  
Vol 8 (2) ◽  
pp. 17-24
Author(s):  
Nanda Herijal Putra
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Public Services ◽  
New Public Management ◽  
Islamic Law ◽  
Research Approach ◽  
Islamic Perspective ◽  
New Public ◽  
The Government ◽  
The Times

This study examines about public administration in an Islamic perspective, studies on the system of government of Umar Bin Khattab. The administrative system was not implemented before Nabi Muhammad SAW moved to Medina, after Nabi Muhammad SAW moved from Mecca to Medina, reading and writing activities began to be carried out among the Muslims and to build a government based on Islamic law. The development of the administration was increasingly rapid during the Caliphate of Umar bin Khattab. This research is a type of library research with a research approach using qualitative research methods. Literature research is research that uses data collection techniques by reviewing books, literature, notes and various reports related to the problem to be studied. Public administration as a discipline that is dynamic in accordance with the times. In line with the times, public administration has changed for the better in accordance with the demands of an increasingly complex era. In the western perspective, public administration has experienced developments starting from the old public administration paradigm, new public management, to the new public service. In an Islamic perspective, administration is known as al-idara. Administration in Islam refers to the Qur'an and its interpretations as well as hadiths and syarahs. The sources of interpretation provide an explanation of the signs of the Qur'an whose position exceeds the general rules relating to the order of people's lives. In the context of public services, excellent service is a must and obligation for both the government and the state civil apparatus. Public services are carried out based on Islamic teachings, namely the services provided must be good, honest, quality and trustworthy.

Part I Introduction, 2 Sources and Principles of Islamic Law

2020 ◽  
Author(s):  
Eisenberg David M
Keyword(s):  
Historical Perspective ◽  
Islamic Law ◽  
Evolutionary Process ◽  
Islamic Finance ◽  
Legal Systems ◽  
Entire Field ◽  
Legal Foundations ◽  
Legal Concepts ◽  
Point Of Departure ◽  
Broad Understanding

This chapter examines the sources and principles of Islamic law. A broad understanding of the sources and principles of Islamic law is prerequisite to an examination of the legal foundations of Islamic finance. Islamic law comprises a complex and vast body of doctrine that has taken shape in extremely varied circumstances for well over a millennium as part and parcel of an evolutionary process still vigorously underway. The chapter then describes the technical terminology employed by Muslim jurists across the entire field of Islamic law. All the technical terminology is in Arabic but exact or rough equivalents can be found in other legal systems. The chapter also looks at the legal concepts relevant to Islamic finance from a historical perspective as the point of departure for an exposition of the Islamic law of contract, for which they provide the conceptual underpinnings.

Part 1 Constitutionalism and Islam: Conceptual Issues, 1.1 Constitutionalism in Islamic Countries: A Contemporary Perspective of Islamic Law

2012 ◽  
Author(s):  
Kamali Mohammad Hashim
Keyword(s):  
Constitutional Law ◽  
Final Section ◽  
Islamic Law ◽  
General Characterization ◽  
The Third ◽  
Islamic Countries ◽  
Contemporary Perspective ◽  
Islam And Secularism ◽  
The Relationship

This chapter begins with a brief characterization of Islamic constitutional law and its underdeveloped status as compared with other branches of Islamic law. It then highlights salient differences between the Islamic and Western approaches to constitutional law and briefly discusses Islam and secularism. The next section provides a general characterization of the Islamic system of rule under four sub-headings. The first of these defines government in Islam as a trust (amānah); the second describes it as a limited and thus non-totalitarian government; the third addresses the Islamic system of rule as a qualified democracy; and the last characterizes it as a civilian not a theocratic system of government. The final section summarizes the main results of the preceding analysis and offers some tentative conclusions on the relationship between Islamic government and democratic constitutionalism.

Tradition in Religion and Law

2009 ◽  
Vol 25 (2) ◽  
pp. 503-519
Author(s):  
H. Patrick Glenn
Keyword(s):  
Islamic Law ◽  
Failed States ◽  
Legal Thought ◽  
Religion And Law ◽  
The World

To what extent can human legal thought be encompassed by the divine and share its character, or alternatively, stand free of the divine and constitute an autonomous field of normativity? Answers to these large questions may understandably differ, yet answers appear both necessary and important. If human legal thought is somehow brought within the divine, it may share its immutable character, and ossify. Islamic law, at least in its Sunni variant, may currently represent an example of this. If human legal thought stands free of divinity, it may be fundamentally lacking in authority. Examples are found in failed states, and perhaps elsewhere. The religions and laws of the world therefore provide answers, often nuanced, to the questions, and even correctives to the answers they provide. The debate turns around the notion of tradition.

scholarly journals Fiqih Mawaris Kontemporer: Pembagian Waris Berkeadilan Gender

2018 ◽  
Vol 1 (2) ◽  
pp. 133
Author(s):  
Endang Sriani
Keyword(s):  
Data Analysis ◽  
Islamic Law ◽  
Theory Approach ◽  
Gender Theory ◽  
Men And Women ◽  
Historical Approach ◽  
The Times

Justice of inheritance distribution between men and women still became actual and sustainable discussion. Various clasical views that say the distribution of inheritance between men and women is final because it is written in surat an-Nisa’ verse 11 and changing these provisions is deemed deviated from sharia, besides that, contamporary people see this as a rule that is contextualized according to the times. Progressive thinking about the distribution of inheritance was pioneered by gender activists who saw the fiqh of Mawaris still gender biased. Aim of this research was to find out the application of inheritance distribution in accordance with the conditions of Indonesian society by using a gender theory approach. The methodology used in this research is descriptive analytical by focusing on the issue of inheritance distribution 1:2 for men and women. Data analysis is carried out by reviewing the arguments about inheritance with a socio-historical approach. The results obtained from this study are the distribution of inheritance of Classical Islam 1: 2 is not something final, but can change 1: 1 or 2: 1 according to changing conditions of society. The conclusion of this research shows that to find out the purpose of Islamic law, the reader of the text of the postulate must be done contextually to get a law that is just in accordance with the objectives of Islam.

Sign in / Sign up

Export Citation Format

Share Document