scholarly journals KRITIK TERHADAP TEORI ḤUDŪD MUHAMMAD SYAHRUŔ DAN IMPLEMENTASINYA DALAM AYAT- AYAT HUDŪD

2019 ◽  
Vol 1 (2) ◽  
pp. 127-150
Author(s):  
Abdul Rasyid Ridho
Keyword(s):  
Islamic Law ◽  
Boundary Theory ◽  
Legal Problems ◽  
The Law ◽  
The Times

The existence of the ḥudūd theory is due to the thoughtlessness of the ummah which is marked by the dependence of all legal problems on their priests. What was conveyed by the previous ulamas still held firm without trying to conduct a review, whether his opinion was still relevant to current conditions. This is what causes Islamic law can not develop as the times progress. Therefore Muhammad Syahrūr abolished the ability of previous scholars to think by offering the concept of ḥudūd (boundary theory). For Syahŕ ther law must be Ş instead of li kulli zamān wa then  (the law must be applicable in every time and place

scholarly journals Fleksibelitas Hukum Ekonomi Syariah

2018 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Murtadho Ridwan
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Times ◽  
To Receive

<p><em>This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.</em><strong><em></em></strong></p>

Menggagas Fikih Media Sosial

2019 ◽  
Vol 13 (1) ◽  
pp. 65-81
Author(s):  
Khariri Khariri
Keyword(s):  
Social Media ◽  
Social History ◽  
Industrial Revolution ◽  
Islamic Law ◽  
Legal Provisions ◽  
Negative Findings ◽  
History Of ◽  
The Law ◽  
Use Of Social Media ◽  
The Times

The development in the field of information technology in the era of industrial revolution 4.0 was so rapid. However, there are many negative findings from the use of social media, such as hoaxes, utterances of hatred, slander, etc. This requires a more contextual study of Islamic law (fiqh) and is able to answer what is the demand of the times, especially the phenomenon of social media. In carrying out the formulation of Islamic law, there are two methods of reasoning used, namely normative-deductive and empirical-inductive, so that the resulting laws can be in accordance with the demands of the community. Therefore, the idea of social media fiqh is to make an effort to find the maqāṣid al-syarī’ah (legal purpose) in the use of social media. By using the theory of sadd al-żarī’ah analysis, this study sought formulation of Islamic law in order to be a solution in the times. This theory is used to explore various problems that have occurred in the development of communication on social media. In addition, this study attempts to trace the exclusion (istinbāṭ) of the law in formulating the fiqh of social media with the Uṣūl al-Fiqh approach and the social history of Islamic law. The work of this research is inseparable from the two legal provisions that have been formulated before, namely the MUI fatwa on Social Media and the Law of Information and Electronic Transaction.

scholarly journals THE CONCEPT OF MASLAHAH ACCORDING TO IMAM AL-GHAZALI

2020 ◽  
Vol 3 (1) ◽  
pp. 22-29
Author(s):  
Tarmizi Tahir
Keyword(s):  
Islamic Law ◽  
Modern Society ◽  
Legal Problems ◽  
The Law

Maslahah is the study of the aims and the objectives of Islamic Law. Maslahah is often used by Ulema as a method in resting the law to answer the legal problems that arise. Al-Ghazali mentioned various types of Maslahah viewed from whether it is acknowledged or not by the Shari’ah, which is divided into three types: Maslahah that is acknowledged by the Shari’ah, Maslahah that is rejected by the Shari’ah, and Maslahah that is neither acknowledged nor rejected by the Shari’ah. Studying the term Maslahah that is associated with the development of modern society is of utmost importance. Maslahah can act as the necessary foundation for the realization of all human interests, both general and specific. So the spirit of Islam, shalih li kullizamaninwamakanin can be realized.

scholarly journals ACTUALIZATION OF ISLAMIC LAW IN MODERN LEGISLATION

2019 ◽  
Vol 7 (6) ◽  
pp. 213-222
Author(s):  
Dr. H. Umar
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Binding Capacity ◽  
Marriage Law ◽  
Inheritance Law ◽  
Basic Law ◽  
Statutory Law ◽  
The Law ◽  
The Republic ◽  
The Times

Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader. Therefore, as an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change. For example, Law Number 1 of 1974 concerning Marriage. The law contains Islamic law and is binding on every citizen of the Republic of Indonesia. Problems that occur such as in Jambi Province at this time the fiqh law which is very broad in its scope is worthy of being called "Islamic law" is marriage law, inheritance law and waqf law. Laws or provisions that are applied to administer and settle marriages, inheritance and endowments as material laws, are still diverse. Marriage and Wakaf cases are regulated in statutory law; marriage is regulated by Law No. 1 of 1974 concerning Marriage and waqf law regulated by Government Regulation No.28 of 1977; as executor of the Agrarian Basic Law of 1961. Whereas inheritance law has not been regulated by law and by itself is still guided by Jurisprudence.

scholarly journals Progresivitas Hukum Kewarisan Beda Agama di Indonesia Berbasis Keadilan dan Maṣlahah

2018 ◽  
Vol 20 (2) ◽  
pp. 217
Author(s):  
R Rohmawati
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Positive Law ◽  
The Law ◽  
The Difference ◽  
The Times ◽  
Made In ◽  
Religious Differences ◽  
Inheritance Laws

<p>The Division of the inheritance of the most crucial of them, there is a difference of religion between the heirs and the muwarriṡ, both the difference when <em>muwarriṡ </em>was still alive or when a heir has died. Indonesia, Islamic law as contained in the compilation of Islamic law (KHI), have determined that religious differences can be a hindrance to each other can be inherited. Along with the development of the times, the provision in the KHI was not considered relevant to the needs of today's society, so the necessary progressive efforts to respond to the problem of Islamic inheritance laws in Indonesia. Complexity and plurality of society Indonesia demanding the Islamic jurist to do the renewal of the law, as the religious court judges has been made in resolving the different religious inheritance matters by using the <em>rechtsvinding </em>function justified by positive law and compile Islamic law, when there is no law that governs. The renewal of the law in the form of the granting of the estate to the heirs of <em>muwarriṡ</em> Muslims from non-Muslims and the granting of probate wajibah to non-muslim heirs of <em>muwarriṡ</em> of Islam. This is done for the sake of Justice and benefit of tegaknya in human life.</p>

scholarly journals The Technique of Determining Ijtihad and Its Application In Life: Analysis Of Istihsan, Maslahah Mursalah, ʻUrf, and Syarʻu Man Qablana

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
AHMAD MAULIDIZEN ◽  
Ashilah Raihanah
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Human Actions ◽  
Best Friend ◽  
Differences Of Opinion ◽  
Life Analysis ◽  
The Law ◽  
The Times

Islam as a comprehensive religion has regulated the Shari'a for the conduct of all human actions which the Shari'a is universal and its use is not limited by the times. There are four main sources in the determination of law in Islam, namely Alquran, Sunnah, Ijma and Qiyas. Apart from the source of the law, there are several methods used by ulul Usul Fiqh to determine the law on a new problem. The issue in this research is whether the methods of ijtihad such as Istihsan, Maslahah Mursalah, Urf, and Syar'u man qablana can be accepted and allowed by the Ulema Ushul fiqh in determining a law? What is the success in Islamic law? And how is it applied in human life and activity? The method used in this paper is the library study method. The results of the research obtained that Istihsan, Maslahah Mursalah, ‘Urf, and Syar’u man qablana are part of Islamic Shari'a. Despite the differences of opinion among the scholars regarding the ability to use the ijtihad methods. There are those who directly allow, some also give certain conditions in the process of determining the law. Described the arguments that strengthen the opinions of the scholars in issuing their fatwa. There are also examples of the implementation and application of the ijtihad method both at the time of the Prophet's best friend and in the present in accordance with the true Islamic Shari'a

scholarly journals TEORI AL-HUDUD DAN PERMASALAHAN BUNGA BANK (TELAAH PEMIKIRAN MUHAMMAD SHAHRUR)

Al'Adalah ◽  
2020 ◽  
Vol 23 (2) ◽  
pp. 103-121
Author(s):  
Muhammad Muhaimin
Keyword(s):  
Islamic Law ◽  
Modern World ◽  
The Poor ◽  
The Law ◽  
The Rich ◽  
The Times ◽  
Lower Limits

Salah satu karakteristik hukum Islam adalah bahwa ia dapat diterapkan di semua tempat dan waktu, meskipun Al-Quran dan Hadis sebagai sumbernya bersifat terbatas. Hal ini membutuhkan metode yang dapat digunakan untuk menerapkan karakteristik ini di dunia modern, di setiap keadaan dan tempat. Pemikiran bahwa hukum yang dijelaskan dalam Al-Qur'an dan Hadits memuat batasan (al-h{udu>d), baik batas atas maupun bawah, merupakan salah satu metode penerapan hukum, sehingga karakteristik hukum Islam ini dapat diwujudkan. Teori al-h{udu>d yang dirumuskan oleh Muhammad Shah}ru>r  ini dapat digunakan untuk menyelesaikan berbagai masalah kontemporer di bidang hukum Islam, dan merupakan upaya untuk membuktikan bahwa hukum Islam dapat menjawab tuntutan zaman. Shahrur menawarkan penerapan hukum riba pada perbankan modern dengan menggunakan teori al-h{udu>d  ini, sehingga orang miskin tidak tertindas dan orang kaya tidak dipersalahkan. One of the characteristics of Islamic law is that it can be applied in all places and times, although the Qur'an and Hadith as its source are limited. This requires a method that can apply these characteristics in the modern world, in every circumstance and place. The thought that the law described in the Qur'an and the hadith contains restrictions (al-h{udu>d), both upper and lower limits, is one method of applying the law, so that the characteristics of Islamic law can be realized. The al-h{udu>d's theory which has been formulated by Muhammad Shah}ru>r  can be used to solve various contemporary problems in the field of Islamic law, and is an attempt to prove that Islamic law can answer the demands of the times. Shahrur offered to apply the law of usury to modern banking using this al-h{udu>d theory, so that the poor are not oppressed and the rich are not wronged.

scholarly journals أثر قول الصحابي في الفقه الإسلامي

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
سيتي هناء
Keyword(s):  
Social Life ◽  
Islamic Law ◽  
Legal Problems ◽  
The Law ◽  
Important Position

The influence of Qawl al-Shahâbî in Islamic Law.Islamic law is dynamic because it always responds to legal problems that concern social life. This dynamic has been supported by the limitless sources of Islamic law. There are two types of Islamic sources: undebatable sources (muttafaq ‘alayh) such as Alquran, hadîts, ijmâ’and qiyas, and debatable sources (mukhtalaf fîh) such as maslahah mursalah, istihsân, ‘urf, qawl al-shahâbî, istishhâband sadd al-dzarâ’i’. Qawl al-Shahâbîhas an important position in the formation of Islamic law because the fuqahâmuch refer to them when wanting to issue fatwâ. The disagreements of ulama over evidence do not die on rejection, but intensify on the use of the law as the main source.DOI: 10.15408/ajis.v14i2.1290

scholarly journals Implementasi maqasid al-shari’ah sebagai solusi problematika sosial dan kemasyarakatan kontemporer

2017 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
A. Bahruddin
Keyword(s):  
Social Control ◽  
Human Dignity ◽  
Islamic Law ◽  
Legal Protection ◽  
Social Changes ◽  
Legal Certainty ◽  
The Social ◽  
The World ◽  
The Law ◽  
The Times

Islam as a legal system based on the Qur’an and sunnah ideally expected to be able to control the sociallife in society, by ensuring the implementation of their rights as individuals and society. Besides, as ameans of social control of the social changes that are happening in the life of society, as well as socialengineering tools in realizing the benefits in the world and the hereafter and maintain human dignity asa goal for the establishment of the law itself. Furthermore how is the ability of Islam in responding tothe growing demands of society in accordance with the times. So its ability to answer these challenges byproviding solutions to emerging social problems is a reality that is difficult to avoid, because peopleneed legal certainty as well as their rights both as individuals and communities need to get certainty as amanifestation of their rights in a fundamental way. Departing from these issues, the understanding ofIslamic law and the purpose of its implementation (Maqashid al-Shariah) becomes very important, itwill affect the success in the process of implementation of Islamic law both among Muslims and societyat large. So ideally Islamic law in reality in society is expected to provide legal protection for certain and asa tool of social control of social changes that occur in the life of society, and no less important is torealize the benefits and maintain human dignity as the purpose of the implementation of the law.

scholarly journals Penafsiran Modern Ayat-Ayat Waris: Perbandingan Muḥammad Shaḥrūr dan Munawir Sjadzali

Refleksi ◽  
2019 ◽  
Vol 18 (1) ◽  
pp. 78-116
Author(s):  
Muhammad Iqbal Piliang ◽  
M. Najib Tsauri
Keyword(s):  
Islamic Law ◽  
Social Aspects ◽  
Boundary Theory ◽  
Past Century ◽  
Inheritance Law ◽  
The Past ◽  
The Times ◽  
Prophetic Authority

This paper discusses inheritance discourse based on verses of the Qur’an according to modern interpreters, Muḥammad Shaḥrūr with Munawir Sjadzali. Both interpreters are appointed because they can be considered to have tried in their respective contexts to answer the emergence of ambiguous attitudes in implementing inheritance law from Muslim societies. Muḥammad Shaḥrūr understands and applies it in a way that is different from the opinions and concepts, as seen in the 'four classical patterns of calculation' (al-amalīyāt al-arba 'fī al-ḥisāb) as well as in social aspects, such as the concept of patrilinialism in society and the spirit of kinship and family spirit and ethnicity which became the benchmark for the distribution of inheritance in the past century or in political aspects, such as overlapping concepts of inheritance law which confuse ownership, law and prophetic authority. From this there is a clear relevance between the boundary theory proposed by Shaḥrūr and the efforts to reform Islamic law which are expected to grow with justice and be able to answer the needs of the community. Whereas Sjadzali developed the concept of inheritance contained in the Qur'an, to look for the relevance of Islamic teachings to the times, especially in the context of Modern Indonesia. Since al-Qur'an is multidimensional, as hudan li al-nās, the concept of Sjadzali's inheritance law has its own value, namely by teaching the principle of equality as the division of men is twice as large as women is no longer relevant. He also did not explain the division of inheritors who have an upward line adequately. This is because Sjadzali only sees from the side of the historicity of the region as the birth of his 1: 1 inheritance concept, without regard to other aspects such as heirs and heirs.

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