scholarly journals MEMBUMIKAN FIQH ANTROPOSENTRIS: PARADIGMA BARU PENGEMBANGAN HUKUM ISLAM YANG PROGRESIF

2019 ◽  
Vol 7 (1) ◽  
pp. 91-116
Author(s):  
Mohammad Takdir

ABSTRACTThis study aims to explore the idea of anthropocentric fiqh as a new paradigm in the development of more equitable Islamic law for all people in the world. Nowadays, the study of fiqh growing in the community only centered on the binary decision between halal and haram which seemed to ignore the aspects of daily problem faced by the ummah. This study uses the anthropocentric paradigm as a criticism to the theocentric paradigm which focuses all problems of the ummah only to the God. The anthropocentric paradigm is a perspective on fiqh products which not only contain debates about the God's absolutes, but also concern on the human interests in obtaining justice and the benefits of every product of the ulama ijtihad. This study shows that anthropocentric fiqh is a model of the Islamic law development which is not oriented to the sacred text or the monopoly of interpretation of classical scholars. Anthropocentric Fiqh does not want to erase the legal provisions of the Shari'a as well as the results of the classical ulama's thoughts, but to strengthen the legal foundation which is in accordance to the needs of the ummah. So, anthropocentric fiqh is very compatible with the people situation who have their own problems related to the tradition or culture which are considered against the Islamic law.Keywords: Anthropocentric Fiqh, Tajdid, Islamic Law.

rahatulquloob ◽  
2018 ◽  
pp. 02-32
Author(s):  
Abul-Hassan Shad Muhammad

Human Milk banks have been established in many parts of the world. The main purpose of these banks is to save the babies’ lives and to ensure that the newborn babies’ rights to breast milk are fulfilled. Especially for the infants whose Mothers could not feed them due to illness, lack of milk or lack of time. The problem is that milk bank practices in the Western countries contradict with the Islamic law whereby it may result in the possibility of overlapping of the progeny (nasab) and selling the organ of human, etc. The Muslim countries have been not participating in these milk sharing activities because of these religious issues. However, due to a critical need of breast milk in hospitals, this article addresses these issues and the different opinions of Islamic scholars and suggests ways to formulate a proper model of milk bank that is compatible with the Islamic law and to avoid further problems of nasab. This study has two main objectives: firstly, to introduce Milk Bank, causes of its’ existence, method of collection and storage the milk, the benefits of breastfeeding and the unpleasant effects of Milk Banks. Secondly, to review some authoritative legal scholars’ opinions on the issue of milk bank and to recommend a proposal on how to develop a milk bank in accordance with the Islamic law. The study is expected to be able to recognize the issues of Milk Bank, to make the people become aware of its side effects and religious problem.


Author(s):  
Zahari Nurdin

The development of political communication relies on multidisciplinary based on concepts in communication, political science, journalism, sociology, psychology, history, rhetoric, and others. This study deals with commitment of political communication in the mayor of Banda Aceh, Indonesia. Constructivism paradigm is used in this study to discuss the perceptions on truth, explanation, beliefs and views about the world. The result shows that the mayor paradigm in building the Banda Aceh city area referred to the concept of the Prophet's development in Medina, and the Aceh Sultanates in building the area. Success in building the country and region are basically fully committed to carrying out and enforcing Islamic law in order to be strong and reside in the souls of the people. Therefore the mayor believes and is committed to continuing to build the city of Banda Aceh as a civil city model that is inseparable from building Islamic law in a consistent manner.


rahatulquloob ◽  
2020 ◽  
pp. 01-12
Author(s):  
Dr. Hafiz Muhammad Siddique ◽  
Dr. Muhammad Atif Aslam

The subject matter of any case contains many facts proved by anyone of the parties to have a decision in his favour from a court of law. The primary objective of the law of evidence is to prescribe the rules to prove the facts of the case assisting the court of law in any case. The Law of Evidence forms a foundation for administration of justice in every legal system. This is considered a system of rules for disputed questions of fact in judicial inquiries. This law determines and helps to enforce the liability or grant aright on the basis of facts presented in the court of law. Islamic Law of Evidence is manifest due to the Islamic System of administration of justice and it rules are framed by the Law giver on the basis of primary sources of Islamic Law whereas the rules of other evidence law are made by the people. The current paper discusses the process of Islamization in Islamic Republic of Pakistan. It focuses on the Law of Evidence that how it is Islamized. It also highlights the specific legal provisions of Pakistani Law of Evidence were Islamized and indicates the role of some other constitutional institutions of Pakistan in Islamization of Law of Evidence. 


2021 ◽  
Vol 14 (2) ◽  
pp. 243-256
Author(s):  
Deden Najmudin

In the development of Islamic law that covers all aspects of people's lives, both in the hereafter problem with all its problems, as well as world problems with all these problems require a new paradigm of scientific mindset. The more advanced development of science and technology also influences the progress of social life, culture, politics, economics and others. So the authors take up this theme using descriptive and comparative methods, and the type of data used in this study is qualitative data. Islamic law requires a new paradigm of mindset and renewal of the views of a problem, especially in everyday life or we can call it contemporary fiqh. The paradigm of the new paradigm becomes more severe, due to contemporary problems, even more complicated when seen from the perspective of fiqh. However, the tradition of the fuqaha used to guide the dynamics of life in his day, so that in this day and age we can imitate the ulama fuqaha by at least contributing to the development of science and understanding, with various kinds of problems in society in accordance with the times, so that the problems of religious life the people are always guided. This paper will raise the opportunity given by Islamic law itself to its people to always criticize it, which allows the emergence of new paradigms along with the emergence of new problems in society.


2021 ◽  
Vol 04 (01) ◽  
Author(s):  
Ahmed Raza ◽  
Syed Waheed Ahmed

Coronavirus pandemic started in the last week of February 2020 in Pakistan. In order to save the people from the Corona epidemic, a complete lockdown has been implemented across the country. All offices, educational institutions, transport and other sectors were closed. Only grocery and medical stores were allowed to operate. The government of Pakistan, the provincial governments and the country's elites, welfare organizations and religious and political parties have generously helped poor families without distinction of religion, color, race or language. People were provided with necessities, clothes, medicines and other necessities. Seeing the open expression of social welfare in Pakistan during the epidemic sent a good message to the world that the Muslims of Pakistan have an ideal role to play in serving humanity in accordance with the teachings of their religion. In this article, a research study has been done on the trend and effects of social welfare during the Corona era in the context of Islamic law


2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Rizal Darwis & Asna Usman Dilo

Abstract: Transformation of Islamic Law within the Form of al-Qânûn al-Duwalî. International law (al-qânûn al-duwalî) is inter-country or inter-nation law that shows the complex principles and rules which regulate the intercommunity relationships of nations or states and international law issues are not apart from the religion professed by the people in the world. One of them is Islam, whose source of basic rules from Alquran and Hadith have greatly provided guidance of state law such as ethics of war, concept of dâr al-Islâm and dâr al-harb. Religion, state and law will unite to form concentric circles as one entity that is closely related to one another. In essence, Islamic law provides transformation in the field of international law.Keywords: religion, state, al-qânûn al-duwalî, dâr al-Islâm, dâr al-harbAbstrak: Transformasi Hukum Islam dalam Bentuk al-Qânûn al-Duwalî. Hukum internasional (al-qânûn al-duwalî) adalah hukum antarnegara atau antarbangsa yang menunjukkan pada kompleks asas dan kaidah yang mengatur hubungan antarmasyarakat bangsa-bangsa atau negara, dan permasalahan hukum internasional tidak terlepas pula dari ajaran agama yang dianut oleh masyarakat di dunia. Salah satunya adalah agama Islam, yang sumber ajaran pokoknya dari Alquran dan Hadis telah banyak memberikan pedoman hukum bernegara, seperti: etika perang, konsep dâr al-Islâm, dan dâr al-harb. Agama, negara, dan hukum akan bersatu membentuk lingkaran konsentris sebagai satu kesatuan yang berhubungan erat dengan satu sama lain. Intinya, hukum Islam memberikan transformasi dalam bidang hukum internasional.Kata Kunci: agama, negara, al-qânûn al-duwalî, dâr al-Islâm, dâr al-harbDOI: 10.15408/ajis.v13i2.939


Author(s):  
Nur Baladina

<p><em>Islam is a religion </em><em>that </em><em>emphasizes </em><em>work </em><em>or charity. Islam does</em><em>n’t </em><em> </em><em>want, or </em><em>even hate</em><em>s the</em><em> people who</em><em> </em><em>laze around.</em><em> </em><em>In the history, business ethos </em><em>of </em><em>Muslim</em><em> society </em><em>surpasses </em><em>than </em><em>any nation in the world</em><em>. Therefore, </em><em>Arab</em><em>ic traders are recognized as a</em><em>controller of the business in many countries around the world. Prophet Muhamma</em><em>d </em><em> SAW</em><em> a</em><em>nd most of</em><em> </em><em>the companions </em><em>are</em><em> also known as the traders and entrepreneurs abroad. </em><em>To show how important the work or charity, al Quran often </em><em>link </em><em>th</em><em>e ”</em><em>fait</em><em>h” </em><em>word</em><em> </em><em>with the </em><em>“</em><em>charity</em><em>” </em><em>word</em><em>. </em><em>Therefore</em><em>, t</em><em>o achieve quality of life in the world and in the hereafter, Islam does</em><em> not</em><em> only teach his followers t</em><em>o “</em><em>mahdah</em><em>” </em><em>worship (formal ritual such as prayer, zakat, hajj), but also greatly encouraged the people to work hard, of course under control. Faith and charity should interact</em><em> each other. It mean</em><em>s no matter how hard the work done, should always be within the framework of Islamic law.</em><em> O</em><em>ne of the hard work that is encouraged </em><em>by </em><em>Islam</em><em> is </em><em>entrepreneurship</em><em>. T</em><em>he motivation of Muslim entrepreneur must be horizontal and vertical</em><em> characteristic</em><em>. The horizontal is viewed in its driving to develop the potential and desire which always look for many benefits to others</em><em>, w</em><em>hile the vertical is intended to devote to Allah SWT. </em><em></em></p>


2019 ◽  
Vol 6 (1) ◽  
pp. 35-51
Author(s):  
Neneng Hasanah

Islam is present as a blessing for all nature and its contents. Islam is the solution to the problems faced by humanity, especially as a guide and a mercy for those who believe. The solution given by Islam is the grace of al-mashlahah (benefit) living in the world and the hereafter. Reviewers of Islamic law can ensure that Islamic law is built for human benefit, preventing damage and realizing the main good. The contribution of Islamic law principles in managing people's lives is undeniable. In history it was recorded, that before Islam came and was brought by the Prophet Muhammad (PBUH), the state of the pitch-black world marked by the behavior of Jahiliyah at that time. Then the Prophet (PBUH) came with the light of Islam and his teachings which up to now still have the purity of teaching and its benefits in personal life and society in general. The form of real contribution in the benefit of the people, is in the teachings of Sadaqah Jariyah in the form of waqf. In the teachings / command of the implementation of waqf contained several principles of Islamic law, among others: the principle of amar maruf nahi munkar, justice and the principle of al-ta'awun.


2019 ◽  
Vol 1 (1) ◽  
pp. 14-29
Author(s):  
Fira Mubayyinah

Abstract Islamic economics regulates various economic activities based on Islamic Shari'a by avoiding Maisyir, Gharar, Haram, Dzalim, Efforts and Usury. The characteristics of Islamic economics uphold the protection of individual ownership aimed at the good and interests of happiness in the world and the hereafter. At least now Indonesia has more than 12 Islamic banks, 22 Islamic business units and more than 80 units of sharia-based public finance institutions that are spread throughout the region. The presence of economic institutions based on Islamic teachings is an indicator that society needs to get equitable welfare because the Islamic economy adheres to the principle of balance. This research is classified as normative research, using conceptual approaches, then critically analyzed. The results of the study show that the application of the Islamic economy is in line with the goal of Islamic law (Maqasyid Asy-Shari'ah), which is the benefit of the people in the world and the hereafter. Maqasid Asy-Syariah as a foundation for thinking to develop progressive and dynamic Islamic economics. Keywords: Islamic Economy, Maqasid As-Shari'ah


2021 ◽  
Vol 3 (1) ◽  
pp. 63-71
Author(s):  
Masyhudunnury Masyhudunnury

Over a year the COVID-19 pandemic has hit all corners of the world, including remote areas throughout the archipelago. One of the reasons for the government's inopable efforts in dealing with it is that partial non-compliance has been poured in the form of regional legal products. This paper aims to analyze and explore the real non-compliance of the community even though the local government has done its utmost to make the community understand the purpose and noble purpose of the rule. By using literature studies in analyzing empirical phenomena of behavior among the people of Bangkalan district in response to the policy of 'state' in the face of pandemic covid-19. From this research, it was concluded that the 'state' endeavors in this case the Bangkalan District Government and how to handle it in saving the community from Covid-19 protesters with the representation of the pouring of the community will cult a "holy text", noble values understood in pieces. regional law products, both the Regent Regulation and the Regent's Decree. But the effort as a good will of such authority is hindered by the simplicity of understanding and interpretation of most of society's cult of a "sacred text", noble values understood in pieces


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