scholarly journals WACANA SYARIAT KONTEMPORER DI BARAT: Studi Pemikiran Wael B. Hallaq dan M. Barry Hooker

2017 ◽  
Vol 18 (1) ◽  
pp. 1
Author(s):  
Mohamad Abdun Nasir
Keyword(s):  
Islamic Law ◽  
Social Issues ◽  
Ideal Point ◽  
Point Of View ◽  
Legal Norms ◽  
Main Work ◽  
Political Environments ◽  
Independent Work ◽  
Human Rights Violation ◽  
The Ideal

Contemporary popular discourses about Islam, shari’a and Islamic law in the West is often filled with the issues of terrorism, anti-democracy, human rights violation and women’s minor status in Islam, which all lead into negative perception. Unlike such popular views, Western scholars perceive shari’a from various perspectives. They are quite critical to shari’a in a positive sense. This article discusses Western scholarly discourses on shari’a by comparing the thoughts and works of two most prominent figures, Wael B. Hallaq and M. Barry Hooker, who always concern with shari’a, Islamic law and related social issues, such modernity, colonialism and legal system. Based on the model of the study of public figure and grounded its main data on Hallaq’s and Hooker’s main work, this study shows that these two scholars promote idealistic and contextual perception on shari’a. From the ideal point of view, shari’a is seen a product of scholarly independent work by Muslim jurists, whose authority now is unfortunately taken over by the state. The contextual view regards shari’a as flexible Islamic religious or legal norms that are adaptable to the changing social and political environments so they are easily transferrable into the educational, legal and political system in a country like Indonesia, entailing what is called “national mazhab”.

scholarly journals MAKING THE CONTENTS OF LETTERS IN THE NOTARIS IN ISLAM'S LEGAL PERSPECTIVE

2017 ◽  
Vol 4 (2) ◽  
pp. 234
Author(s):  
Tubus Tubus
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Point Of View ◽  
Primary Data ◽  
Legal Perspective ◽  
The Future ◽  
The Will ◽  
The Ideal ◽  
The Way

This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.

scholarly journals IDEAL COUNTRY ACCORDING TO AFIFUDDIN MUHAJIR: ANALYSIS OF THE SCIENTIFIC SPEECH OF THE HANOURIS CAUSA DOCTORAL AWARD AT UIN WALISONGO SEMARANG INDONESIA

2021 ◽  
Vol 5 (1) ◽  
pp. 27-39
Author(s):  
Imam Ghozali ◽  
Zulfikar Hasan ◽  
Chanifudin ◽  
Rahman
Keyword(s):  
Islamic Law ◽  
Political Identity ◽  
Point Of View ◽  
The Political ◽  
Islamic State ◽  
State University ◽  
Ideal State ◽  
Central Java ◽  
State Form ◽  
The Ideal

Afifuddin Muhajir's background concerning the Ideal State cannot be separated from the strengthening of the demands of some Indonesian Muslims who are members of the 212 movements to uphold NKRI Bersyariah. Starting from their success in tackling the political career of Basuki Cahaya Purnama (Ahok) in the 2017 DKI Pilkada. This movement strengthened in the 2019 Presidential election. They supported the Prabowo subianto-Sandiaga Uno pair who were considered more Islamic and capable of realizing their political ideals. Afifuddin Muhajir considered the Political Identity movement in the name of religion to be a very dilemma in Indonesian society which is multi-ethnic, ethnic, cultural, and religious. Politics as a product of Jurisprudence and Muamalah has space for ijtihad and has becomes a common consensus to build the life of the nation and state. This research is a Research Library, that examines Afifuddin Muhajir in his speech conferring the Honorary Doctorate at the Walisongo Islamic State University, Semarang, Central Java. This study focuses on the concept of the Ideal State according to Afifuddin Muhajir with sub-discussions, namely: Political Islam, Pancasila, NKRI, and the State Constitution. This discussion sub-section will answer the concept of an ideal state according to Afifuddin Muhajir from the point of view of Jurisprudence and Ushul Fiqh who are experts in their expertise. This research is certainly interested in answering extremist Islamic groups who want a state form at the level of sharia or Islamic law.

scholarly journals Bradley’s “my station and its duties” and its moral (in)significance

2019 ◽  
Vol 2 (2) ◽  
pp. 195-211
Author(s):  
Dina Babushkina
Keyword(s):  
Detailed Analysis ◽  
Moral Obligation ◽  
Ideal Point ◽  
Point Of View ◽  
Moral Ideal ◽  
Bottom Up ◽  
The Social ◽  
The Ideal

AbstractI argue that, according to F. H. Bradley’s Ethical Studies, duties of our station (positional duties) are not morally obligatory unless they are required from an ideal point of view. I support my interpretation by showing that Bradley places the ideal point of view higher than the social and requires that what society demands from us is evaluated from that higher point of view. My argument relies on a detailed analysis of “my station and its duties”. The phrase must be understood as a category that (1) refers to different concepts throughout Ethical Studies (i.e. a theory that Bradley rejects, a revised thesis that he accepts, and positional duties), and (2) embraces several theses (descriptive, normative, and ideal), each involving a number of claims, only a few of which Bradley accepts. I argue that Bradley rejects the normative thesis of MSID theory that identifies moral obligation with social requirements because he finds bottom-up idealization (what ought to be must conform to what is) unsatisfactory. Bradley’s inclusion of “my station and its duties” in the moral ideal must be understood as amounting to the claim that a positional duty is morally obligatory only when it is justified by the norms governing pre-institutionalised relationships.

scholarly journals Gender Dynamics in Islamic Law Perspective: Descriptive Study in Idaman Village, Banten

SIASAT ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 73-81
Author(s):  
Tolkah Tolkah
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
Dark Side ◽  
Gender Dynamics ◽  
Gender Status ◽  
The Status ◽  
The Village ◽  
Descriptive Method ◽  
The Ideal

Gender differences and cultural structures in the ideal village area classify the status of men and women. Islamic law has a different point of view in seeing gender status in Indonesian society. This study looks at the dynamics of gender in the village of ideal banten from the perspective of Islamic law. This study used a descriptive method with a qualitative approach, while the determination of the informants was purposvie sampling by considering traditional leaders, village heads and communities and finally data collection through primary and secondary. The results showed that gender dynamics inequality as a problem in the Islamic world, as well as the dark side of masculine-related behaviors cannot only be approached through the perspective of women alone. 

scholarly journals Analisis Yuridis Normatif dan Hukum Islam Terhadap Putusan Mahkamah Konstitusi Nomor 30-74/PUU-XII/2014 Tentang Batas Usia Perkawinan Anak (Perempuan)

2016 ◽  
Vol 3 (3) ◽  
pp. 348
Author(s):  
Hasanain Haikal
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Social Issues ◽  
Social Economy ◽  
Divorce Rate ◽  
Point Of View ◽  
Child Marriage ◽  
State Of Emergency ◽  
Age Limit ◽  
Age Limits

Islam knows no age limits, the foundation in this case is strong enough for the Prophet of Islam himself married Siti Aisyah at the age of 6 years. so from the point of view of Islamic law looks no gap. but Islam does not stress if the condition is in a state of emergency can be changed law will follow the situation. The Court rejected the applicant's judicial review, the Court assesses the applicant's argument is groundless and rejected applicants for all. Judges consider that the need for an age limit for women in particular adapted to many aspects, such as health, social, cultural, and economic. In fact, there is no guarantee an increase in the age limit for women to marry from 15 to 18 years would reduce the divorce rate, tackling health problems, as well as other social issues. To prevent child marriage is a big issue, according to the Court not only by the limitations of age alone. There is a possibility, if it is based on various aspects of the development of social economy, culture, and technology, 18 years of age can be lower or even higher.

scholarly journals Legal drafting in Islamic law

2019 ◽  
pp. 204-215
Author(s):  
A. A. Vaino
Keyword(s):  
Middle Ages ◽  
Islamic Law ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Norms ◽  
Legal Provisions ◽  
Systematic Character ◽  
The Moment ◽  
High Degree ◽  
The Relationship

The paper analyzes the features of legal drafting in Islamic law. Based on the study, the author concludes that Muslim law appears to be in many ways religious and legal comments. This is set by its religious sources that contain specific legal provisions. These sources lack structuring and systematic character, which is a source of rather a high degree of casuistry of Islamic law. The paper proves that Islamic law has shown a confusion of religious principles with legal norms since the moment of its appearance. The comments of legal scholars were actively used to justify illegal — from the point of view of European lawyers — behavior. With the help of legal drafting in Islamic law, legal postulates and opinions were legalized, which to this day largely determine the legal culture of the overwhelming majority of the population. This means that the problem of the relationship between secular and confessional law in countries where Islam is the state religion appeared in the Middle Ages and remains the main one to this day.

scholarly journals The Impact of Deviation of the Stun Shot from the Ideal Point on Motor Paralysis in Cattle

Animals ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 280
Author(s):  
Vladimir Vecerek ◽  
Josef Kamenik ◽  
Eva Voslarova ◽  
Martina Volfova ◽  
Zuzana Machovcova ◽  
...  
Keyword(s):  
Animal Welfare ◽  
Ideal Point ◽  
Point Of View ◽  
Motor Paralysis ◽  
Optimum Placement ◽  
The Impact ◽  
The Ideal

The effect on motor paralysis of a deviation in the stun shot placement from the ideal point on cattle skulls was monitored in 627 bovine animals (271 bulls and 356 cows) stunned with a captive bolt during slaughter in a slaughterhouse. The number of animals that experienced motor paralysis and the necessary fall of the animal in the stunning box were recorded after the stun shot. Subsequently, the position of the stun shot was measured on the skull of the slaughtered cattle in relation to the ideal point on the skull, and at a deviation from the ideal point, the quadrant on the skull in which the bullet was located was determined. The results show that with the increasing distance of the placement of the stun shot from the ideal point on the skull, the incidence of failure to induce motor paralysis in cattle increases significantly (p < 0.01) from 2.4% (within 3 cm of deviation) to 72.2% (at deviations > 7 cm). There was a significant increase in the failure to induce motor paralysis in bulls as well as in cows, but this was more frequent in bulls regardless of the magnitude of the deviation from the ideal point (with the exception of a distance greater than 7 cm where the chances of inducing motor paralysis in bulls and cows are equally low). The incidence of failure to induce motor paralysis in cattle was not dependent on the placement of a stun shot in various quadrants on the skull. With the increasing deviation in any direction from the ideal point, the likelihood of effective stunning of cattle decreases. The results are important from the animal welfare point of view of the slaughter of cattle, and demonstrate the necessity of optimum placement of the stunning shot on the bovine skull in order to achieve the successful motor paralysis of cattle during their stunning at the slaughterhouse.

PELAKSANAAN HUKUM KEWARISAN ISLAM DI PENGADILAN AGAMA BANTEN

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Survey Methods ◽  
Adopted Children ◽  
Inheritance Law ◽  
Library Research ◽  
The Ideal

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten

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.

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