scholarly journals Eklektisisme dalam Taqnîn Hukum Keluarga di Dunia Islam

2015 ◽  
Vol 8 (2) ◽  
pp. 261
Author(s):  
Abdul Ghofur ◽  
Sulistiyono Sulistiyono

The Qur’ân was revealed with justice and equality for human beings regardless of their sex, race, social class and ethnicity, as cardinal principles and intrinsic values in Islamic sharî‘a. If this is the case, modern Muslim society with Islamic law is necessarily of equality and justice. However, their family laws which are grounded on assumptions of past centuries and have little bearing on contemporary realities have not reflected gender relations. Inequality that occurs within the context of Muslim family laws is one of the subtle but most pervasive areas of discrimination against women. It has resulted in a different set of dynamics that help create new demands in favor of change of laws. This study explores the reform strategy through legal mobilization in the Muslim family laws around the world. The findings of the study reveal that the substantive and pluralistic legal mobilization is important to Muslims, and the reinterpretation and renewal of laws have been mobilizing debates among both proponents and opponents, framed by orientations to the modernists who advocate reinterpretation of the original sources and the traditionalists who insist on literal adherence to the received doctrinal corpus.

ULUMUNA ◽  
2017 ◽  
Vol 10 (2) ◽  
pp. 261-284
Author(s):  
Hamdan Hamdan

The issue and reality of pornography is as old as the civilization of human beings. The sensitivity of pornography-porno actions in the context of Indonesian society with the biggest number of muslims population in the world is getting hotter along with the plan to regulate the pornography. Pro-cont of pornography is related to definition, criteria and limitation of pornography- porno actions. The polemic becomes more  complicated when it is associated with economy, politics, religion, art, etc. Although it is not a major issue anymore—as it was few months ago—this writing aims at giving reflection on pornography dealing with Islamic law mainly on the aspect of law concluding  (istinbat al-hukm) and aspect of profit and loss. The reflection of Islamic law on genitals and the reposition of knowledge of Islamic law as individual and social ethic controlled by society and State will be analyzed deeper in this writing.


2018 ◽  
Vol 3 (1) ◽  
pp. 97-128
Author(s):  
Md Thowhidul Islam

Millions of Muslims from around the world including Bangladesh pour perform Hajj every year. Being the largest gathering of the Muslims, the Hajj has got immense socio-economic and cultural impacts on every Muslim society as well as Bangladesh. Hajj develops a unique symbol of unity, equality, universality, co-existence, brotherhood, indiscrimination, peace and tolerance, through performing common rituals, among the individuals, societies and nations belonging to different races, castes, ethnicities, colors, and languages, which create differences in everyday life of human beings. Bangladeshi Hajjis’ views towards women are more positive as gender interaction is a natural part of Hajj, while it is uncommon in the country. The positive teachings of Hajj particularly of pure Aqidah, produced several revolutionary movements in Bengal such as the Faraidi movement of Hajji Shariatullah with the aim of purifying Muslim society from superstitious Aqidah and practices. Hajj works as a social platform of getting together for Bangladeshi people at Makkah and Madinah. Hajj has developed the private tour operating industries in Bangladesh to facilitate the Hajjis. Transaction of billions of dollars takes place commercially during Hajj, while many commodities are exchanged informally. The Hajjis enjoy a very special dignity and status in the society of Bangladesh. Hajj creates an inter-cultural amalgamation combining various elements of different cultures particularly of Arabian. Hajj increases knowledge of the Hajjis both experimental and theoretical through various means. Bangladeshi Hajjis consider Hajj as the preparation for death; and thus try to remain isolated from the worldly activities and observe the religious duties strictly. This transformative property enables the Hajjis to pursue a more purified life and they become a model of spirituality and religiosity. Hajj not only moulds the Hajjis into sincere and practicing Muslims, but also the society at large with their honesty and piety. Thus, Hajj brings immense impacts on the society, economy, education, religiosity and culture of Bangladesh. This chapter is aimed at analyzing the socio-economic and religio-cultural impacts of Hajj on the society of Bangladesh. It also included the perspectives of the society with a view to better understanding the influence of Hajj on the Hajjis, non-Hajjis and the society at large.


Author(s):  
Muta Ali Arauf

This research aims to know the relation between religion and environtment in a deep comprehensive understanding. How religion and environtment in some extents they are too related. In Islam for example, concept of shari’a seemingly agreed and supported the idea of nature and animal conservation. But, in some extent they are contradictive. This contradictive discouse could be seen from any kinds of texts of religious scriptures in how they deal with preservation of nature and animal (killing animal). The role of religious text we may say “yes” that it deal and closely related how the ecological views are constructed. How it overcomes the natural degradation, pollutions for instance. But, religion also should be understood as an orientation of the cosmos and how actually our human existence has an important role to the world. In broadest sense, we understand that religion also means of how people know the limits of reality and how humans interact with their own environment. Religion often talk about the cosmological stories, systems and symbols, ritual practices, norms and ethics, the history, and the institutional structure that transmits the view where human beings as an integral part in the world—and has a sense of responsibility towards nature. This article use the analytical approach in analyizing the issue of religion and environtment. Thus, the relation between Islamic law, Quranic verses and Shari’a are compactible in responding the issue of environtment


2008 ◽  
Vol 2 (1) ◽  
pp. 3
Author(s):  
Tutik Hamidah

<p>Human rights objectively aim noble. It grants basic rights to human beings without distinction of origin, race, color, sex, language or religion. The concept of human rights in maqasid al syariah is Islamic sharia is prescribed in order to protect the human benefit by protecting the interests, safety and welfare of human beings both in life in the world and in the hereafter. The fundamental problem, if Islamic law is confronted with human rights is at least in family law. There arose some offers of methods of understanding nas in order to respond to human development. A verse of qatb'i is by analyzing a number of verses so that a unified understanding of the verses can be obtained. The collaboration of some of these verses shows that the understanding contained therein is definite and undeniable. then the tension in Islamic law, especially allegations of discrimination against women and non-Muslims can be avoided without any need to have allegedly left the Qur'anic verses.</p><p> </p><p>Hak-hak Asasi manusia secara obyektif bertujuan mulia. la memberi hak-hak dasar kepada manusia tanpa membedakan asal-usulnya, baik ras, warna kulit, jenis kelamin, bahasa maupun agama. Konsep HAM dalam maqasid al syariah yaitu syariah Islam disyariatkan dalam rangka melindungi kemaslahatan manusia dengan melindungi kepentingan, keselamatan dan kesejahteraan manusia baik dalam hidup di dunia maupun di akhirat. Problem yang mendasar, jika hukum Islam dihadapkan kepada HAM paling sedikit adalah pada hukum keluarga. Muncullah beberapa tawaran metode memahami nas dalam upaya merespon perkembangan kemanusiaan. Suatu ayat <em>qatb 'i </em>adalah dengan menganalisis sejumlah ayat sehingga bisa diperoleh suatu pengertian yang searah dari ayat-ayat tersebut. Kolaborasi sejumlah ayat tersebut menunjukkan bahwa pengertian yang terkandung di dalamnya bersifat pasti dan tak terbantah. maka ketegangan dalam Hukum Islam, khususnya tuduhan diskriminasi terhadap wanita dan non-muslim bisa dihindarkan tanpa perlu ada tuduhan telah meninggalkan ayat-ayat al quran.</p><p> </p>


2017 ◽  
Vol 9 (2) ◽  
pp. 157
Author(s):  
Pipin Armita
Keyword(s):  

The Compilation of Islamic Law (KHI) cannot be separated from the rules of law written in the Qur'an and Hadith. Article 39 paragraph 3 of The Compilation of Islamic Law (KHI) states that there is a prohibition on marriage due to the same breastfeeding mother. Philosophically, Allah's purpose in prescribing the law is to preserve the benefits of human beings, as well as to avoid ‘mafsadat’, both in the world and in the hereafter. In article 39 paragraph 3 KHI, the determination of the law is in order to realize the benefits of human beings. There are five main elements that are protected against the law of prohibition on marriage due to the same breastfeeding mother as mentioned in article 39 paragraph 3 KHI. The five main elements are religion (ḥifẓ ad-dīn), soul (ḥifẓ an-nafs), reason (ḥifẓ al-‘aql), descendants (ḥifẓ an-nasl), and property (ḥifẓ al-māl).[Kompilasi Hukum Islam (KHI) tidak lepas dari kaidah-kaidah hukum yang tertulis dalam al-Qur’an dan Hadis. Pasal 39 ayat 3 Kompilasi Hukum Islam (KHI) menyatakan adanya larangan melangsungkan perkawinan karena sesusuan. Secara filosofis, tujuan Allah mensyariatkan hukumnya adalah untuk memelihara kemaslahatan manusia, sekaligus untuk menghindari mafsadat, baik di dunia maupun di akhirat. Dalam pasal 39 ayat 3 KHI, penetapan hukum tersebut dalam rangka mewujudkan kemaslahatan manusia. Ada lima unsur pokok yang dilindungi terhadap penetapan hukum keharaman menikah karena sesusuan yang tercantum dalam pasal 39 ayat 3 KHI. Kelima unsur pokok tersebut adalah agama (ḥifẓ ad-dīn), jiwa (ḥifẓ an-nafs), akal (ḥifẓ al-‘aql), keturunan (ḥifẓ an-nasl), dan harta (ḥifẓ al-māl).]


1970 ◽  
Vol 1 (01) ◽  
pp. 100-113
Author(s):  
Ulfatun Azizah

Adolescence is a time of many changes both physical, spiritual, mind, so at this time teenagers experience a lot of adolescent emotional turmoil and adolescent problems in general are caused by social role conflict. On the one hand he already wants to be independent as an adult, on the other hand he still has to continue to follow the wishes of parents. The emotional turmoil caused his psychological condition to be unstable due to the unstable condition which also caused the teenagers to be very easily influenced by the surrounding environment. Problems that arise among adolescents that can be categorized as serious problems include the problem of juvenile delinquency, given that adolescents are an age group that is expected to be the next generation of successors in the future. Islamic counseling guidance aims to help individuals realize themselves into full human beings to achieve the happiness of life in the world and in the hereafter in accordance with Islamic law.


2021 ◽  
Vol 2 (2) ◽  
pp. 254-283
Author(s):  
Sonia Nasir Khan ◽  
Muhammad Ahsan Bilal

As human beings we stand on the edge of two truths: the existing material world and the Spiritual being world. The knowing heart is the holy place, where these two dimensions meets and combined. In Sufi lessons the mortal heart of human is not an imaginary symbol but an objective organ of perception and intuition that reflect transcendent qualities in the world, for the assistance and help of other people. The Sufis, mystics of Islam, have been mentors of the heart for almost fourteen centuries. Their education and techniques purpose is to stimulate us and help us to wake up and clean the self for Divine love. Sufism is the spiritual dimension of Islam. According to Sufism, there are two aspects of Islam: the outer part, which consists of the Shari‘ah (the rules of Islamic law), and the inner part, so-called tariqah (the spiritual way). Together, these aspects lead one to haqiqah (the Truth). Sufism is another term for tariqah. This paper is an attempt to understand Sufism knowledge (true knowledge) and how this knowledge is related in world and with ChaharBagh (Garden of Paradise) concept, “symbolic interpretation of paradise garden” which is used by the Muslims in architecture. Sufism explains us that it is possible to understand the world beyond our thoughts. Those who dedicate themselves in Sufim exercise and practices eventually discover the state they can see things as real and true as they are or when you worship God as though you can see him.


Moreana ◽  
2018 ◽  
Vol 55 (Number 209) (1) ◽  
pp. 79-93
Author(s):  
Marie-Claire Phélippeau

This paper shows how solidarity is one of the founding principles in Thomas More's Utopia (1516). In the fictional republic of Utopia described in Book II, solidarity has a political and a moral function. The principle is at the center of the communal organization of Utopian society, exemplified in a number of practices such as the sharing of farm work, the management of surplus crops, or the democratic elections of the governor and the priests. Not only does solidarity benefit the individual Utopian, but it is a prerequisite to ensure the prosperity of the island of Utopia and its moral preeminence over its neighboring countries. However, a limit to this principle is drawn when the republic of Utopia faces specific social difficulties, and also deals with the rest of the world. In order for the principle of solidarity to function perfectly, it is necessary to apply it exclusively within the island or the republic would be at risk. War is not out of the question then, and compassion does not apply to all human beings. This conception of solidarity, summed up as “Utopia first!,” could be dubbed a Machiavellian strategy, devised to ensure the durability of the republic. We will show how some of the recommendations of Realpolitik made by Machiavelli in The Prince (1532) correspond to the Utopian policy enforced to protect their commonwealth.


2020 ◽  
Vol 2 (1) ◽  
pp. 23-37
Author(s):  
Syarifudin Syarifudin

Each religious sect has its own characteristics, whether fundamental, radical, or religious. One of them is Insan Al-Kamil Congregation, which is in Cijati, South Cikareo Village, Wado District, Sumedang Regency. This congregation is Sufism with the concept of self-purification as the subject of its teachings. So, the purpose of this study is to reveal how the origin of Insan Al-Kamil Congregation, the concept of its purification, and the procedures of achieving its purification. This research uses a descriptive qualitative method with a normative theological approach as the blade of analysis. In addition, the data generated is the result of observation, interviews, and document studies. From the collected data, Jamaah Insan Al-Kamil adheres to the core teachings of Islam and is the tenth regeneration of Islam Teachings, which refers to the Prophet Muhammad SAW. According to this congregation, self-perfection becomes an obligation that must be achieved by human beings in order to remember Allah when life is done. The process of self-purification is done when human beings still live in the world by knowing His God. Therefore, the peak of self-purification is called Insan Kamil. 


2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.


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