scholarly journals Revitalisasi Uşûl Fiqh dalam Menghadapi Perubahan Sosial

2014 ◽  
Vol 3 (2) ◽  
pp. 43
Author(s):  
Abdul Basith Junaidy
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Human Being ◽  
New Methods ◽  
General Proposition ◽  
Second Mode ◽  
The Many ◽  
Islamic Values ◽  
Human Kind ◽  
Static Nature

Historically speaking, the science of uşûl al-fiqh has not been able to play its role in providing solutions for the many social problems facing human kind. The reason for this lies in that this science does not have within its reservoir the theoretical tools relevant for the renewed human situations. One of the mistakes of this science furthermore is that it produces the jurists who are incapable of adapting to new circumstances. The paradigmatic mode of this science is such that one –upon using its premises and methodscannot be analytical and would remain literal. In the other words, this science is very much bayani as opposed to burhani, that is rational and systematic, or irfani which is intuitive. The static nature of uşûl al-fiqh in the meantime has provoked many jurists to revolt against it and tried to bring about new methods and modes of thinking within it. Thus, we have at least two modes of thinking currently available as far as renewal of uşûl al-fiqh is concerned. The first is what we may call utilitarian and the second is liberal. The former bases its theories and ideas on the notion of maslaha. This school of thought is mainly propagated by al-Shâtibî. It claims that the whole purpose of Sharî‘ah is none other than for the good of human being. This general proposition underlies the whole theories that the proponents of this mazhab articulated. The second mode of thought, the liberal, claims that the traditional jurisprudence must be totally replaced by the new one. And to do this the liberals appropriates the hermeneutical approach to interpret the Islamic law according which the intrinsic relationship between the text and its context cannot be revealed through the literal understanding of the message of Islam. The literal approach has thus far failed and is unable to face the new circumstances. This mode of thinking is committed to what its proponents call the real Islamic values inherent within the text of religion. Nasr Hamid Abu Zaid is the staunchest propagator of this current of thought. He proposes new method for uşûl al-fiqh by criticizing both the classical and contemporary discourses using semiotics as the tools of analysis. In this way, he hopes that more humanist and adapting science of fiqh, one that can respond to our formidable contemporary challenges, may emerge.

HOAX DALAM TINJAUAN HADITS NABAWI

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 147-179
Author(s):  
Ali Musri Semjan Putra
Keyword(s):  
Social Media ◽  
Business Education ◽  
Sex Trafficking ◽  
Islamic Law ◽  
The Other ◽  
The World ◽  
Information Media ◽  
Severe Punishment ◽  
The Many ◽  
The Right

Among the proofs of the greatness of God's power in the millennium is the emergence of various kinds of information media that are very helpful for ease in various matters. The convenience covers various fields of affairs, not just in the form of sharing information but has penetrated into the fields of business, education, da'wah and so on.Besides the many positive sides of social media, on the other hand social media is also a vehicle for various negative actions, such as hoaxes, fighting, sex trafficking, drug sales and so on. So this study tries to examine the nabawi hadiths relating to things that must be heeded in social media, specifically those related to hoaxes, with the induction approach using qualitative analysis. The purpose of the research is to provide insight to the community in using social media so that there is no violation of religious teachings or legislation when integrating on social media. As well as being a wrong solution in tackling and minimizing various forms of irregularities and violations that occur in the community in social media, both offenders in the form of crimes of intimidation, provocation, fraud, counterfeiting and so on, are spurred from hoax news.The conclusion of this study is that making or spreading hoaxes is an act that is strictly prohibited and prohibited in the nabawi hadiths which are the second source of law in Islamic law after the noble Qur'an. The culprit has the right to be punished in the world in a criminal manner or get a severe punishment in the hereafter, according to the effects and headlines of the lies he did.

scholarly journals LOCAL WISDOM OF MALAY MOSLEM COMMUNITY IN BENGKULU

2018 ◽  
Vol 2 (1) ◽  
pp. 15-26
Author(s):  
Maryam Maryam
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Other Hand ◽  
The People ◽  
Religious Aspects ◽  
Islamic Values

This paper raises forms of local wisdom in the Bengkulu Malay community in terms of the religious aspects of Islam. This local wisdom was formed through acculturation, and assimilation between the traditions of Bengkulu Malay society and Islamic values. Some forms of tradition that are still maintained by the people of Bengkulu are: Tabot, Kain Besurek, Syarafal Anam, Sekujang, Dzikir Marapulai, Aqiqah, Bakunob, Aksara Ulu / Kaganga Islamic style, Ndoa Hari Rayo, Nigo Day, Go to Hari, Nyudah, Kaiak Beterang, Pilgrimage of Ramadhan and Rayo Day, Ndoa Masuk Puasa, Temikang Cupik, Embes Apem, Central Date Ceremony and Giving Names, Inviting Seeds, and Kaji Subdistrict. These various local wisdoms in Bengkulu from the perspective of Islamic law are included in the ‘urf category which needs to be addressed critically. On the other hand, this kind of local wisdom is a cultural uniqueness that is also preserved because it has been Islamized through the process of assimilating culture and Islamic values.

scholarly journals Islamic Thought and Internationalization of Human Rights

2019 ◽  
Vol 30 (1) ◽  
pp. 182-217
Author(s):  
Reza Ahmad Zahid
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
The Other ◽  
Human Being ◽  
Individual Rights ◽  
Global Ethics ◽  
Basic Principles ◽  
Philosophical Foundations ◽  
Other Hand ◽  
Islamic Thought

This article aims to answer how Islamic thought deals with issues of internationalization. Where in general religions agree that human rights are rights owned by each individual solely because of his dignity as a human being, not the construction of society regarding individual rights. While on the other hand, some experts state that human rights are normative elements that are inherent in human individuals because there are laws whose application differs according to space and time. Between Islam and human rights has a relationship that lies in the universality of Islamic teachings. the concept of human rights has been outlined in the basic principles of Islamic law originating from the texts of the Koran, the Sunnah of the Prophet and friends, as well as the construction of scholars' thoughts. Human rights should be understood and accepted as a universal human treasure whose normative and philosophical foundations can be traced and found in various systems of values ​and traditions. Such global ethics cannot be formulated without religious contributions.

scholarly journals PERKEMBANGAN TEORI MASHLAHAH ‘IZZU AL-DÎN BIN ‘ABD AL-SALÂM DALAM SEJARAH PEMIKIRAN HUKUM ISLAM

Asy-Syari ah ◽  
2015 ◽  
Vol 17 (2) ◽  
Author(s):  
Enden Haetami
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Primary Sources ◽  
Private Law ◽  
Human Being ◽  
Sacred Texts ◽  
Islamic Jurisprudence ◽  
Muslim Scholars

This paper explains that mashlahah is one of Islam law methods that is very dominantly used to the Ulamasin Islamic Jurisprudence. Even though the Koran and the Sunna are assumed as the primary sources of Islamic law (qath‘îy), there is a lot of famous ulama and Muslim scholars who placed mashlahah as the primary sources of Islamic jurisprudence. Moreover, even though the position of mashlahah is assumed zhanniy, butin various cases – especially in Islamic Private Law – it is seldom placed higher than the other methods such as ijma‘, qiyas, istihsân, istishhâb, syadd al-dzari‘ah, syar‘u man qablana, and ‘urf. He used a logical of law that everything from God can be referred to the sacred texts (Nash), and everything from human being can be solved by mashlahah.

scholarly journals PENAFSIRAN SURAT AL-DHUHA MENURUT AL-BAIDHAWI DAN BINTU AL-SYATHI’

2020 ◽  
Vol 5 (2) ◽  
pp. 98
Author(s):  
Aditya Faruq Alfurqan ◽  
Maizuddin Maizuddin
Keyword(s):  
Analytical Method ◽  
The Other ◽  
Data Sources ◽  
Human Being ◽  
Data Source ◽  
The Difference ◽  
The Many ◽  
Existing Data

The Alquran is a guide for every human being, to understand the meaning contained herein it takes a science that is the interpreter science. There are different interpretations because of the methods, features and shapes used by a mufassir, and because the other is the period in which a mufasir lives, or other names are classical and contemporary periods, a period is a factor in the difference of interpretations, because of the many contemporary problems or the absence of ancient evidence. The method that researchers use is a descriptive analytical method of collecting existing data sources and then being properly analyzed, whereas the data source that researchers refer to are the interpretive books themselves, here researchers use interpresir Anwaru al-Tanzil wa Asraru al-Ta’wil as the classic interpretive reference, to the interpretation of contemporary researchers refer to Tafsir al-Bayani li al-Qur`an al-Karim treatise for Bintu al-Syathi. One example that became a difference in interpretation was lafadz taqhar surah al-Dhuha serves 9, Baidhawi interpret by the reach that you possess his possessions is because of his weaknesses, whereas Bintu al-Syathi interprets not arbitrary not to give property to them, but there is a treatment that offends them like harsh words, a cynical stare which the deed is committed without any deliberate measure.Abstrak: Al-Qur`an merupakan pedoman bagi setiap manusia. Untuk memahami makna yang terkandung di dalamnya, maka dibutuhkan sebuah ilmu yaitu ilmu tafsir. Adanya perbedaan penafsiran disebabkan karena metode, corak dan bentuk yang dipakai oleh seorang mufasir. Sebab lainnya adalah masa di mana seorang mufasir hidup, atau sebutan lainnya adalah periode klasik dan periode kontemporer. Masa menjadi salah satu faktor terjadi perbedaan penafsiran, karena banyaknya permasalahan di zaman kontemporer ini atau hal-hal lain yang tidak didapati di zaman terdahulu. Seperti yang terlihat dalam tulisan ini, yaitu perbedaan penafsiran pada surat al-Dhuha. Metode yang peneliti gunakan adalah analitis deskriptif yaitu mengumpulkan sumber-sumber data yang ada, lalu dianalisa secara tepat. Sumber data yang menjadi rujukan adalah kitab-kitab tafsir, khususnya Tafsir Anwaru al-Tanzil wa Asraru al-Ta’wil sebagai rujukan tafsir klasik. Untuk tafsir kontemporer merujuk kepada Tafsir al-Bayani li al-Qur`an al-Karim karya Bintu al-Syathi’. Salah satu contoh yang menjadi perbedaan penafsiran pada surat al-Dhuha (93): 9 adalah pada lafal taqhar. Al-Baidhawi menafsirkan dengan “janganlah kamu menguasai hartanya dikarenakan kelemahannya”, sedangkan Bintu al-Syathi’ menafsirkan bukan kesewenang-wenang tidak memberikan harta terhadap mereka, tetapi ada perlakuan yang menyakiti hati seperti perkataan yang kasar, tatapan sinis yang mana perbuatan tersebut dilakukan tanpa unsur kesengajaan. 

scholarly journals Hikmah Behind The Academic in The Islamic Economy

2019 ◽  
Vol 4 (1) ◽  
pp. 59-89
Author(s):  
Nur Hadi
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
The Other ◽  
Human Being ◽  
Strong Bond ◽  
Ownership Status ◽  
Objective State ◽  
The Will ◽  
The Relationship

The relationship between one human being and another in fulfilling needs (min min al-Nas), there must be a rule that explains both rights and obligations based on agreement (contract). Humans are never separated from the contract (contract / agreement) in their lives. A contract is a bond of consent (statement of acceptance of a bond) and Kabul (statement of acceptance of a bond) in accordance with the will of the Shari'a which affects the object of engagement (contract). Because of the importance of the contract in human life, of course every thing has wisdom, then what is the nature of wisdom and how are the wisdom of the contract in Islamic economics. The essence of wisdom is an expression that refers to a solid knowledge, which includes (can lead to) makrîfah (recognition) to Allah, which comes from the pure inner eye, and the ability of the knowledge to learn and understand the nature of things in their objective state the realm of reality is limited to the supreme ability of humans in finding and discovering the secrets of the shari'a religion (law) and the purpose of Islamic law. While the wisdom of the contracts in Islamic economics are: 1). Moral and material accountability of both parties emerged; 2). The emergence of a sense of tranquility and satisfaction from both parties; 3). Avoidance of disputes from both parties; 4). Avoid legitimate ownership of property; 5). Ownership status of property becomes clear; 6). There is a strong bond between two or more people in transacting or having something; 7) It cannot be arbitrary in canceling an agreement, because it has been set in shar'i; 8). A contract is a "legal umbrella" in possession of something, so that the other party cannot sue or have it. In simple terms the wisdom of the Covenant is an attempt to uncover the truth, practice the truth and fight lust from all forms of evil and realize benefit and reject damage in the muamalah contract of Islamic economics.

scholarly journals MENAGIH HAK BERAGAMA MUSLIM AHMADIYAH DAN SYIAH SAMPANG DALAM PERSPEKTIF NALAR MAQÂṢIDÎ

2020 ◽  
Vol 16 (2) ◽  
Author(s):  
Nasrullah Ainul Yaqin
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Islamic Law ◽  
Similar Case ◽  
The Other ◽  
Human Rights Violations ◽  
Human Being ◽  
Right To Life ◽  
Freedom Of Thought ◽  
The Right

This article responds to the issue of human rights (HAM) from the perspective of maqâṣidî’s reasoning (maqâṣid asy-syarî‘ah). Considering that human rights violations have always been being a boomerang in the life of Indonesian society. It could be seen like what happened to the Shia people in Sampang whose right have been lost to enjoy their life in peace and worship their religious rights freely and safely in their homeland. A similar case has been experienced by several Ahmadiyah congregations. In this case, the writer elaborates the maqâṣid concept which has been continued its development along the time. According to ‘Izzuddin bin ‘Abd as-Salâm, the purpose of Islamic law is to create benefit and reject the damage for human being, both in this world and in the hereafter. The highest benefit of Islamic law is to maintain and keep the religion (ḥifẓ ad-dîn), soul (ḥifẓ an-nafs), reason (ḥifẓ al-‘aql), descent (ḥifẓ an-nasl), and property (ḥifẓ al-mâl) . These five things are known as aḍ-ḍarûriyyah al-khamsah (the five primary). Later, some maqâṣidî scholars (such as Ibn ‘Âsyûr, ‘Allâl al-Fâsî, Jamâluddîn ‘Aṭiyyah, and Yusûf al-Qarâḍâwî) developed the scope of maqâṣid asy-syarî‘ah. So that, it is not restricted to the five primary matters only, but also to several other primary matters, such as justice, freedom, equality and human rights. On the other side, Muḥammad az-Zuḥailî views that the concept of aḍ-ḍarûriyyah al-khamsah is the basis of human rights itself. Because, ḥifẓ ad-dîn, ḥifẓ an-nafs, ḥifẓ al-‘aql, ḥifẓ an-nasl, and ḥifẓ al-mâl do not only mean to maintain, but also include the meaning of rights, namely: the right to religion, the right to life, the right to think and freedom of thought, family rights, and property rights.

MENGGAGAS PENDIDIKAN BERWAWASAN KEWIRAUSAHAAN DI PERGURUAN TINGGI ISLAM

ALQALAM ◽  
2017 ◽  
Vol 34 (1) ◽  
pp. 30
Author(s):  
Nur Hidayah
Keyword(s):  
Higher Education ◽  
Islamic Law ◽  
Law And Economics ◽  
State Institute ◽  
Study Program ◽  
Islamic Studies ◽  
Entrepreneurial Culture ◽  
Curriculum Structure ◽  
Islamic Values

There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies.  The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch.    To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to have a strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business.     Keywords: Islam, entrepreneurship, entrepreneurial education.

KONSTRUKSI ISLAM DALAM KEKUASAAN NEGARA

1970 ◽  
Vol 6 (2) ◽  
Author(s):  
Nurul Aini Musyarofah
Keyword(s):  
Islamic Law ◽  
Social Condition ◽  
The Other ◽  
Good Society ◽  
Ideal Form ◽  
Other Hand ◽  
Islamic Politics ◽  
The Relationship ◽  
The Ideal

The relationship between Islam and state raises a controversy that includes two main groups;formalists and substantialists. Both of them intend to achieve a good social condition which is inaccordance with Islamic politics. The ideal form of good society to be achieved is principallydescribed in the main source of Islamic law, Al Qur’an and As Sunnah, as follows. A form of goodsociety should supprot equality and justice, egalitarianism, and democracy in its social community.The next problem is what the needed methods and instruments to achieve the ideal Islamic politicsare. In this case, the debate on the formalization and substance of Islamic teaching is related to therunning formal political institution.Each group claims itself to be the most representative to the ideal Islam that often leads to anescalating conflict. On the other hand thr arguments of both groups does not reach the wholeMuslims. As a result, the discourse of Islam and state seems to be elitist and political. As a result,Both groups suspect each other each other and try to utilize the controversy on the relationshipbetween Islam and state to get their own benefit which has no relation with the actualization ofIslamic teaching.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

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