scholarly journals LIBERAL THINKING IN SALAF PESANTREN, IS IT POSSIBLE? (FREEDOM OF THOUGHT THE SANTRI MA’HAD ALY SUKOREJO, SITUBONDO)

2021 ◽  
Vol 19 (2) ◽  
pp. 175-191
Author(s):  
Marjuni Marjuni ◽  
Moch. Khafidz Fuad Raya
Keyword(s):  
Islamic Law ◽  
Educational Institution ◽  
Controversial Issues ◽  
General Curriculum ◽  
Islamic Jurisprudence ◽  
Interfaith Marriages ◽  
History Of ◽  
Islam And Christianity ◽  
Freedom Of Thought ◽  
Liberal Thought

The existence of Ma’had ‘Aly is an exciting thing and brings a narrative of controversy. Since being legalised in 2002, Ma’had ‘Aly has transformed into a modern Islamic educational institution under the auspices of a traditional Salaf pesantren. This article aims to explain Ma’had ‘Aly as an Islamic educational institution that specifically (takhaṣṣuṣ) produces fiqh experts and supports freedom of thought in exploring Islamic law. The research method uses a qualitative approach by studying documents extracted from the history of Ma’had ‘Aly, the takhaṣṣuṣ curriculum, and the Tanwirul Afkar (TA) bulletin. The results reveal the integration of the Ma’had ‘Aly curriculum, which is combined with the general curriculum and contemporary scriptures. Second, the controversy over TA as a forum for students to manifest their competence as fuqaha on various developing issues. Some of the controversial issues decided by TA were allowing interfaith marriages, allowing non-Muslim Indonesian President elections, and similarities between Islam and Christianity in relations and history. Some realities above show that Islamic liberal thought has emerged in salaf pesantren through Ma’had ‘Aly. The contribution of this research provides novelty that apparently Ma’had ‘Aly is trying to show that the door of ijtihād in the excavation of Islamic jurisprudence is still wide open.

scholarly journals Ijtihad dan Beberapa Ide Pembaruan dalam Fikih Islam.

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Umar Al-Haddad
Keyword(s):  
Islamic Law ◽  
Fourth Century ◽  
Modern Times ◽  
Islamic Jurisprudence ◽  
History Of

Assumption that the door of ijtihad was closed, despite ever becoming conspicuous in general, has never been universally accepted by all scholars. In the period after the fourth century BC /10 AD—during the opinion was evolving—history still noted the emergence of figures not only by showing their thought on ijtihad but also by showing their firm rejection to the view which said that the door of ijtihad was closed. By reviewing the position of ijtihad and its development in the history of Islamic jurisprudence (fiqh), this article proves that ijtihad is a must in the dynamics of the Islamic law. With the spirit of ijtihad, various reform ideas in Islamic jurisprudence in modern times have become possible and kept open for discourse, such as the approach between schools, collective ijtihad, ijtihad in the field of principles (ushûl) , and a review toward the qualification of mujtahid in modern times.DOI: 10.15408/ajis.v16i1.2896

scholarly journals The Early Development of Islamic Jurisprudence

1997 ◽  
Vol 14 (3) ◽  
pp. 83-86
Author(s):  
Abuhamid M. Abdul-Qadir
Keyword(s):  
Early Development ◽  
Islamic Law ◽  
Legal Theory ◽  
Primary Source ◽  
Second Century ◽  
Social Lives ◽  
Islamic Jurisprudence ◽  
History Of ◽  
The Subject ◽  
Independent Thinking

Professor Ahmed Hasan has made a great contribution to the understandingof the early history of Islamic jurisprudence up to the time of al Shafi'i (d. 204A.H.). A few works. such as The Origins of Muhammadan Jurisprudence byProfessor Joseph Schacht, have been published on the early development ofIslamic jurisprudence. and Hasan's work is a valuable addition. Islamic jurisprudenceis a dynamic, ongoing, and virtually limitless subject. The communitycannot survive without it as long as new issues arise to be resolved andIslamized. Thi field of study helps the community to move forward, encouragingmembers to solve new problems that arise in their social lives. Hasan discusseshow jurists debate one another over the extraction of God's law and how.ultimately, uch debates have developed Islamic jurisprndence and the differentlegal schools. ljma' (consensus) and qiyas (analogy) did not exist at the time ofthe Prophet; they developed through ijtihtid, based on the principle sources theQur'an and Sunnah. The subject has a kind of progressive flow, tide, and dynamiccharacter. Hasan divide his book into seven chapter, beside an introductionand a concluding discussion. He also includes a bibliography and an index. Theauthor chose a period in the history of jurisprudence for which sources for synthesisare difficult co obcain. He shows the historical development of lslamicjurisprudence in the first two centuries of Hijrah based mainly on the work ofMalik. Abu Yusuf, al Shaybani and al Shafi'i.This book is designed for readers who are particularly interested in Islamiclaw and history. In the introduction the author describes the meaning of fiqh andother allied terms. He analyzes the origins of the early schools of law-such asthe schools of Medina and Iraq-that developed through the work of scholarswho extracted God's law from the revealed sources. Further analysis by theauthor suggests that after the middle of the second century A.H., scholars weregenerally engaged in independent thinking on law. ln the same way. al Shafi'ideveloped his own legal theory and brought consistency into law. After him theregional character of the early schools began to disintegrate and faithfulness toone master and his principles gradually predominated.The author discusses the sources of Islamic law beginning with the developmentof the main five categories of judgment of Muslims' aces, namely, theobligatory. the recommended, the neutral, the disapproved, and the prohibited.These categories are ultimately based on four sources: the Qur'an, the Sunnah,ijma' and qiyas. The author first deal with the Qur'an, briefly pointing out thatit is the primary source of legislation and guidance. The author discusses thedoctrine of the abrogation of individual verses in the Qur'an (naskh) in a separatechapter, pointing out the development of the theory of naskh and its significantrole in Islamic jurisprudence. Although naskh is an established doctrine inthe field of Islamic jurisprudence, the author's long analysis of naskh suggeststhat since the Qur'an is eternal there can be no reasonable ground for the thesis ...

scholarly journals PENELUSURAN HISTORIS LANDASAN PEMIKIRAN USUL FIQH MUHAMMAD AL-KHUDLARI BIK

2009 ◽  
Vol 1 (1) ◽  
Author(s):  
Noer Yasin
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Modern Time ◽  
New School ◽  
Legal Thought ◽  
Islamic Jurisprudence ◽  
History Of ◽  
Legal Methodology

The history of Islamic law witnesses the development of Islamic legal methodology, known widely as usul al-fiqh, which aims at discovering God’s intention through sound judg-ment. Usul fiqh is considered responsible for the dynamism of Islamic jurisprudence (fiqh). Every school of thought (madzhab) has its own method of deducing law from its source, which might be different from the other. Initially intending to combine two conflicting methods existent in his time, al-Syafi’i has established his own method upon which arose new school of legal thought. This paper aims at depicting the development of usul al-fiqh from the time of al-Syafi’i up to that of Khudlari Bik in modern time.<br /><br />Sejarah hukum Islam membuktikan bahwa perkembangan usul al-fiqh  bertujuan untuk menemukan maksud Tuhan melalui hukum yang  yang dikaji secara mendalam. Usul Fiqh dianggap bertanggung jawab terhadap dinamika  fiqh. semua Madzhab memiliki metode masing-masing dalam pengambilan dasar hukum yang mungkin berbeda satu sama lain. pada awalnya, Syafi’i bertujuan untuk mengkombinasikan two metode yang berbeda yang ada pada masanya, beliau membentuk metode sendiri yang kemudian berdiri sendiri sebagai madzhab baru. Tulisan ini bertujuan untuk menggambarkan perkem-bangan usul fiqh dari masa al-Syafi’i sampai khudlari Bik pada masa modern.<br /><br />Keywords: Yurisprudensi Islam, Usul Fiqh, Madzhab<br /><br />

Konsep Madrasah Dengan Pendekatan Filosofis

AKADEMIKA ◽  
2015 ◽  
Vol 9 (2) ◽  
pp. 203-242
Author(s):  
Yulia Pramusinta
Keyword(s):  
Islamic Law ◽  
Educational Institution ◽  
Islamic Education ◽  
Islamic Schools ◽  
History Of ◽  
Modern Era

Islamic Education has both character and style having always developed from time to time dynamically. It has been proved throughout the history of madrassa (Islamic schools) ranging from the classical to modern era. In the early days before the so-called madrassa there had been several terms that serve as a process of education such as Darul Arqam, mosque and kuttab. Darul Arqam is referred to as the first educational institution in Islam. The first place of the holding of education and Prophet Muhammad (PBUH) became a teacher at this educational institution. While the lessons delivered by Prophet Muhammad are about the Islamic law and principles. Madrassa is derived from the word "darasa", and is the so-called isim makan that means the place of learning. Madrassa was established as a place of learning Islamic sciences.

scholarly journals Sejarah Mazhab Fikih di Asia Tenggara

2018 ◽  
Vol 4 (2) ◽  
pp. 20-39
Author(s):  
Muhammad Ikhsan
Keyword(s):  
Southeast Asia ◽  
East Asia ◽  
Islamic Law ◽  
Southeast Asian ◽  
South East Asia ◽  
Historical Aspects ◽  
Islamic Jurisprudence ◽  
History Of ◽  
National Constitution

This study explains the historical aspects of the spread of Islamic Jurisprudence in South East Asia which cannot be separated from the history of the spread ofIslam itself in Southeast Asia. It also describes the existence of Islamic jurisprudence as indicated by the intellectual works of Southeast Asian Islamic Jurisprudence scholars, especially in the Shafi'i School. The existence of Islamic jurisprudence was then developed in the form of influences that influence the National Constitution in South East Asia, especially in Indonesia, in the form of Compilation of Islamic Law.

scholarly journals STATUS ANAK DI LUAR NIKAH DALAM PERSPEKTIF SEJARAH SOSIAL

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Kudrat
Keyword(s):  
Nucleic Acid ◽  
Legal History ◽  
Islamic Law ◽  
Science And Technology ◽  
Constitutional Court ◽  
Social Approach ◽  
Private Rights ◽  
Islamic Jurisprudence ◽  
History Of

In literature of Islamic jurisprudence, children born outside marriage consider to have family line with their mother. It also has similarity with Indonesian’s law stating in the Marriage Act and the Compilation of Islamic Law. The significant changes occur after judgment of Constitutional Court No. 46/PUU-VIII/2010, stating that children outside of marriage have also family line with their father, as long as can be proofed biologically through science and technology and/or other evidences. This article use historical social approach to analyse a legal history of Constitutional Court judgment. The writer personally argues that Constitutional Court considers the welfare of children as justification of family line with father. The advance development in science and technology such as using Desoxyribo Nucleic Acid (DNA) can give evidence in searching the family’s line. This consideration gives a strong legal background for Constitutional Court to protect private rights of children born outside marriage. Abstrak. Dalam khazanah fikih Islam seorang anak yang lahir di luar nikah hanya mempunyai hubungan nasab dengan ibunya. Demikian pula dengan aturan hukum positif Indonesia dalam Undang-Undang Perkawinan dan Kompilasi Hukum Islam. Perubahan muncul pada Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010 menyebutkan bahwa anak yang lahir di luar nikah juga memiliki hubungan darah dengan laki-laki sebagai ayahnya, hubungan keperdataan dengan keluarga ayah selama dapat dibuktikan berdasarkan ilmu pengetahuan dan teknologi dan/atau alat bukti lain. Penelitian ini menggunakan pendekatan sejarah sosial untuk menganalisis histitorisitas munculnya putusan Mahkamah Konstitusi . Berdasarkan analisis penulis, Mahkamah Konstitusi menjadikan kesejahteraan anak sebagai alasan pembenaran hubungan keperdataan dengan dengan ayah biologisnya. Di samping itu juga kemajuan teknologi membantu membuktikan adanya hubungan antara anak dan ayahnya melalui tes DNA. Pertimbangan ini menjadi alasan kuat Mahkamah Konstitusi utuk melindungi hak-hak keperdataan bagi anak yang lahir di luar pernikahan. Kata kunci: status, anak, luar nikah

scholarly journals Analytical Review of Noel James Coulson Book’s A History of Islamic Law

2020 ◽  
Vol 3 (01) ◽  
pp. 168-189
Author(s):  
Dr. Muhammad Ilyas ◽  
Dr. Zainab Ameen
Keyword(s):  
Critical Review ◽  
Islamic Law ◽  
Legal Reform ◽  
Theory And Practice ◽  
Law System ◽  
Muslim Society ◽  
Muslim Countries ◽  
Islamic Jurisprudence ◽  
Analytical Review ◽  
History Of

The Western Orientalism movement had resulted in the creation of a large academic asset of Islamic literature. The Orientalists had struggled in two ways; by introducing and editing old Islamic manuscripts, and by commenting on the various aspects of the Prophet’s (PBUH) life and his traditions. Moreover, some Orientalists had worked on the Islamic jurisprudence, too. As   Coulson, have been discussed analytical studies of Islamic jurisprudence,  in this regard his book, “ The History of Islamic Law”, is a sorely needed book; it will substantiate a highly impactful, direly beneficial and effective book; and above all, it is a remarkably well-constructed book. Mr. Coulson’s compact volume is a clear, comprehensive, and authoritative treatment of the genesis and history of Islamic law in theory and practice, and of the central problem of legal reform now confronting Muslim society. Islamic law, the Sharia of medieval Islam, is for Muslims and the comprehensive catalogue of God’s commands and recommendations laid down for the guidance of man… In recent times, with the wholesome adoption by Muslim countries of western legal ideas and institutions, the Sharia has seemingly been all but forsaken and abandoned… Unless the idea of a law system based on religion is to be abandoned entirely… [Coulson] points out, the task for modern Muslims, like that of their medieval predecessors, is once more to ascertain and impose the central ethical criterion norms of Islam upon the functioning’s of their society. N. J. Coulson was a chair of oriental laws at the School of Oriental and African Studies, University of London. In this article the analytical and critical review is discussed.

scholarly journals Islamic law in the legacy of Shihabetdin Marjani

2019 ◽  
Vol 12 (2) ◽  
pp. 499-510 ◽  
Author(s):  
R. K. Adygamov
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Interfaith Marriages ◽  
History Of

The article deals with various legal aspects as recorded in the works by Shihabetdin Marjani, an outstanding Tatar religious philosopher and an encyclopaedic writer. Surprisingly but the legacy of such an outstanding scholar has not yet received a detailed study. Traditionally he is being seen mainly as historian whereas his legacy comprises a significant number of works on Islamic law, its history, various liturgical problems, as well as fasting and interfaith marriages. The author of the article makes an effort to fill this gap He examined the main theological works by Marjani, analyzed his views on ijtihad and taklid, the history of Islamic law, the problems of prayer and fasting, etc.

Islamic Law: A Very Short Introduction

2021 ◽  
Author(s):  
Mashood A. Baderin
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Western World ◽  
Short Introduction ◽  
Inheritance Law ◽  
System P ◽  
Islamic Jurisprudence ◽  
Penal Law ◽  
History Of ◽  
Muslim Communities

Islamic Law: A Very Short Introduction examines the evolution, nature, and theory of Islamic law, incorporating both classical and modern scholarly perspectives. Islamic law is one of the world’s major legal systems, yet it is often misunderstood, particularly in the West. It is applicable in different forms as part of state law in countries across the Middle East, Asia, and Africa, and has a strong influence on Muslim communities throughout the Western world. This VSI traces the history of Islamic jurisprudence. It covers its scope—including family law, inheritance law, financial law, penal law, and international law—and its practice, providing an overview of this key legal system.

"Morasha" - means heritage. The monographic outline of the Lauder-Morasha School in Warsaw

2020 ◽  
Vol XI (3 (32)) ◽  
pp. 101-121
Author(s):  
Andrzej Michalski
Keyword(s):  
Jewish Life ◽  
Educational Institution ◽  
Foreign Languages ◽  
Jewish Tradition ◽  
Cultural Education ◽  
General Curriculum ◽  
National Education ◽  
History Of ◽  
Cross Cultural Education ◽  
Different Cultures

The monographic outline of the Lauder-Morasha School in Warsaw describes it as an educational institution that functions in the Polish reality and enables its pupils maintain their monority Jewish national and linguistic identities. This school, open to different cultures and philosophies of life, within its walls integrates children of various religions, creeds, and nationalities. Apart from the general curriculum in agreement with the MEN (Ministry of National Education) requirements, it offers Judaistic subjects, such as Hebrew, Jewish tradition, culture, and ethics, as well as the history of the Jews. In the school, an emphasis is laid on the teaching of foreign languages. Also, a programme of cross-cultural education is implemented. This article presents the history of the Ronald S. Lauder Foundation in Poland from when it was founded 30 years ago. The author describes projects organised by the Foundation as well as its development and significance in the rebirth of Jewish life in Poland.

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