Investigating the Construction of Ijma in The Study of Islamic Law through Sociological and Historical Approach

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation

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Fiqih Mawaris Kontemporer: Pembagian Waris Berkeadilan Gender

TAWAZUN : Journal of Sharia Economic Law ◽

10.21043/tawazun.v1i2.4986 ◽

2018 ◽

Vol 1 (2) ◽

pp. 133

Author(s):

Endang Sriani

Keyword(s):

Data Analysis ◽

Islamic Law ◽

Theory Approach ◽

Gender Theory ◽

Men And Women ◽

Historical Approach ◽

The Times

Justice of inheritance distribution between men and women still became actual and sustainable discussion. Various clasical views that say the distribution of inheritance between men and women is final because it is written in surat an-Nisa’ verse 11 and changing these provisions is deemed deviated from sharia, besides that, contamporary people see this as a rule that is contextualized according to the times. Progressive thinking about the distribution of inheritance was pioneered by gender activists who saw the fiqh of Mawaris still gender biased. Aim of this research was to find out the application of inheritance distribution in accordance with the conditions of Indonesian society by using a gender theory approach. The methodology used in this research is descriptive analytical by focusing on the issue of inheritance distribution 1:2 for men and women. Data analysis is carried out by reviewing the arguments about inheritance with a socio-historical approach. The results obtained from this study are the distribution of inheritance of Classical Islam 1: 2 is not something final, but can change 1: 1 or 2: 1 according to changing conditions of society. The conclusion of this research shows that to find out the purpose of Islamic law, the reader of the text of the postulate must be done contextually to get a law that is just in accordance with the objectives of Islam.

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CHARACTERISTICS AND ESSENCE OF FATWAS ON ISLAMIC ECONOMIC LAW IN INDONESIA

Ahkam Jurnal Hukum Islam ◽

10.21274/ahkam.2021.9.1.155-174 ◽

2021 ◽

Vol 9 (1) ◽

pp. 155-174

Author(s):

Doli Witro ◽

Atang Abdul Hakim ◽

Koko Komaruddin

Keyword(s):

Qualitative Research ◽

Islamic Law ◽

The Political ◽

Historical Approach ◽

State Institutions ◽

Normative Approach ◽

Economic Law ◽

Political Approach ◽

Islamic Economic

In Indonesia, one of the institutions authorized to issue fatwas is the Indonesian Ulama Council (MUI). MUI is an institution with the role and authority to issue fatwas for Indonesian citizens who are diverse in Islam which are not mentioned in the Al-Quran and Hadith. Although not all groups can accept the fatwa issued by the MUI or there are reaping criticism and controversy by some circles, the influence and role of the MUI fatwa are considerable in maintaining the peace of the Indonesian people. Departing from this, it is essential to see fatwas based on the characteristics and essence of fatwas on Islamic economic law. This paper is conducted in qualitative research. There are several approaches used in this paper, namely, the normative approach, the historical approach, and the political approach. This paper aims to reveal the characteristics and essence of fatwas on sharia economic law in Indonesia. The analysis results show that fatwas as a product of Islamic law are identical to fiqh and have inherent specific characteristization. In essence, a fatwa can become state law if there is recognition through competent state institutions.

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Kajian ‘Urf tentang Adat Ranub Kong Haba dan Akibat Pembatalannya di Aceh

SAMARAH Jurnal Hukum Keluarga dan Hukum Islam ◽

10.22373/sjhk.v3i2.5192 ◽

2019 ◽

Vol 3 (2) ◽

pp. 417

Author(s):

Yuni Roslaili

Keyword(s):

Islamic Law ◽

Good Thing ◽

Traditional Food ◽

Historical Approach ◽

Sociological Approach ◽

Gold Jewelry ◽

History Analysis ◽

The Family

Ranub kang haba is a khitbah’s official process, as a bond between bride and groom. At ranub kang haba, the family of man’s side brings betel vine (ranup) as a symbol of bonding reinforcement (khong haba). Besides betel vine, the groom’s side also brings Aceh’s traditional food (penajoh), a set of woman’s clothes and gold jewelry, which is ring (jeunamae). If a few days later the bride cancels the wedding, Jeunamae will be given back as double to the man. This article tries to explain the practice of ranub khong haba and the consequences of tradition’s cancellation to Acehnese society. This kind of study is the combination of socio legal-historical approach. Sociological approach is used to observe the patterns of society’s interaction & behavior, both that inspiring the renewal of Islam’s law and Islamic law legislation and the comformity of conciousness (which manifest in society’s behavior). The legal or juridical approach is done by considering certain elements of Islamic law, which is ‘urf concept. Historical approach is used on consideration that history analysis can see ranub kong haba practice objectively in relation with ‘urf concepts in Islam’s contexts. This study found that ranub kong haba is a local wisdom in affirmation of khitbah procession that has a base in Islamic law. However, the custom of giving the dowry back as double that is brought in khitbah process is an ‘urf shahih practice, which actually doesn’t have any command nor forbidden in Islam. However, the matter is seen as a good thing because it can avoid us (sadd al-zariah) from breaking our promise to others.

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Tinjauan Hukum Islam Pada Edaran Pemerintah dan MUI Dalam Menyikapi Wabah Covid-19 Setelah Pemberlakuan New Normal

JURNAL ILMIAH EKONOMI ISLAM ◽

10.29040/jiei.v7i1.2157 ◽

2021 ◽

Vol 7 (1) ◽

pp. 393

Author(s):

Cholisa Rosanti

Keyword(s):

Research Method ◽

Large Scale ◽

Islamic Law ◽

New Normal ◽

Historical Approach ◽

The Public ◽

Normative Approach ◽

The World ◽

Pros And Cons ◽

The Government

This study discusses the Covid-19 virus that is spreading in the world and its handling from the government and MUI after the implementation of new normal according to Islamic law. The government implements a large-scale social restrictions system (PSBB) or social distancing to break the chain of the spread of the covid-19 virus. The government has implemented new normal rules. MUI has issued a notice numbered Kep-1188 / DP-MUI / V / 2020 concerning new normalcy that will be applied by the government such as reopening places of worshipaccording to the health protocol. Nevertheless, this circular is a pros and cons for some people. The purpose of this study is to help the public understand whether the government and MUI circulars in tackling the plague after applying the new normal according to the Shari'a or actually contrary to Islamic Sharia. The research method is the study of literature literature with a normative approach and historical approach. The results of the study showed that the rules imposed by the government and MUI in dealing with the outbreak of Covid-19 pacsa new normal did not disregard Islamic law.

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Peran Peradilan Islam dalam Penegakan Hukum Islam di Kesultanan Buton

AL- ADALAH ◽

10.24042/adalah.v14i1.1938 ◽

2018 ◽

Vol 14 (1) ◽

pp. 81

Author(s):

Asni Asni

Keyword(s):

Significant Role ◽

Legal System ◽

Islamic Law ◽

Past History ◽

Legal Culture ◽

Criminal Cases ◽

Historical Approach ◽

The Past ◽

Civil Cases ◽

Islamic Courts

This article tries to reveal the existence of the Islamic Courts in the Sultanate of Buton to measure the extent of its role in the enforcement of Islamic Law in the past. History explains that when Islam entered the territory of Southeast Sulawesi, the kingdom of Buton changed its status to Buton Sultanate and applied Islamic law throughout the empire. Using historical approach, the researcher succeeded in revealing the fact that in the area of the past Sultanate of Buton, once stood two institutions of Islamic Court named Syarana Adati and Syarana Hukumu or Syarana Agama. The authority of Syarana Adati was to deal with criminal cases where as Syarana Hukumu or Syarana Agama took care of certain civil cases such as marriage, divorce and inheritance. Despite the separation of authority, the two institutions can be categorized as Islamic Courts because the legal system used as a backdrop was Islamic Law. The study also finds out that the two institutions play a significant role in the upholding of Islamic law in the past as they were supported by the kingdom, and a strong legal culture both among law enforcers and in the community

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PERANAN PERADILAN AGAMA DALAM PERTUMBUHAN DAN DINAMIKA HUKUM KEWARISAN DI INDONESIA

AL-SYAKHSHIYYAH: Jurnal Hukum Keluarga Islam dan Kemanusiaan ◽

10.35673/as-hki.v2i2.921 ◽

2020 ◽

Vol 2 (2) ◽

pp. 122-139

Author(s):

Hamzah Hamzah

Keyword(s):

Islamic Law ◽

Judicial Power ◽

Literature Study ◽

Inheritance Law ◽

Historical Approach ◽

Roof System ◽

Development Period ◽

Narrative Literature ◽

Religious Courts

AbstractThis study examines the role of religious courts in the construction of Islamic inheritance law. Its urgency is to open the dimensions of birth and the growth of inheritance law in the development period of religious courts. In addition, it opens up concrete reasons for the existence of the inheritance law bill that has yet to reach a climax. The methodology in this study is a narrative literature study, with a historical approach by observing juridical aspects in the growth of inheritance law.The findings in this study show that Islamic law existed since the era of the sultanate and was used as an applied law in society, including inheritance law that has been embedded in Islamic law. The authority of the religious judiciary in the field of inheritance became disoriented when the colonialists entered the colonies by applying the receptiveness theory as outlined in the form of the Staatsblad. The climax of the authority of the religious courts is the unification of the judiciary (one roof system) and its independence as the executor of judicial power. The challenge for religious courts in the field of inheritance is the unavailability of material law and the inheritance law bill which creates uncertainty.Keywords: Dynamics; Inheritance law; Religious Courts.

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Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v14i2.3927 ◽

2020 ◽

Vol 14 (2) ◽

pp. 307-316

Author(s):

Ibnu Elmi Achmat Slamat Pelu ◽

Jefry Tarantang

Keyword(s):

Legal System ◽

Islamic Law ◽

Legal Authority ◽

Legal Research ◽

Conceptual Approach ◽

Historical Approach ◽

High Position ◽

Legal Norms ◽

Legal Development ◽

Binding Position

The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.

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The Historicity of the Qur'an in Socio-Cultural of Arab Perspective

HIKMATUNA Journal for Integrative Islamic Studies ◽

10.28918/hikmatuna.v3i1.1053 ◽

2018 ◽

Vol 3 (1) ◽

pp. 117

Author(s):

Muhamad Rifa’i Subhi

Keyword(s):

Content Analysis ◽

Islamic Law ◽

Cultural Perspective ◽

Historical Approach ◽

Sharia Law ◽

Islamic Religion ◽

Open Coding ◽

Axial Coding ◽

Muslim Scholars

Most thinkers former Muslims are not able to escape the "sanctity" the text of the Qur’an, so that in researching the texts of the Qur’an they are not able to get out of the sanctity of the Qur’an as Allah's revelation. However, there are some Muslim scholars to position the text of the Qur’an as a text to be studied scientifically. Among these scientist is Khalil Abdul Karim, who explains that the Qur'an describes many stories of people who indicated earlier that Islam is not a new pure religion. Khalil Abdul Karim explained that the historicity contained in the Qur'an shows that the Islamic religion is closely related to the life or customs of the Arabs before Islam arrived. This article suggests that historicity of the Qur'an which is evidence that the majority of Islamic law derived from the Arabs in pre-Islamic Arab socio-cultural perspective study, thought Khalil Abdul Karim. Exploration data obtained from several sources, are analyzed using the content analysis, the process of decomposition of the data, drafting and preparation in a new way. The steps taken in the content analysis covering, open coding, axial coding, and selective coding.The results showed that the thought of Khalil Abdul Karim caused a variety of responses from various groups, both positive and negative responses. In analyzing the texts of the Qur’an, Khalil Abdul Karim use asbab al-nuzul rules who is no stranger to the science of the Qur'an. Khalil Abdul Karim takes a historical approach in their search, so the kind of thought saying that the tradition of pre-Islamic Arab tribes was the forerunner to the practice of sharia law, which includes worship, social, punishment, war and politics. In other words, Islam legalize the tradition of pre-Islamic Arab tribes as sharia law, either with or without slightest revision.

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Koreksi Hukum Islam Terhadap Hukum Jahiliah

BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ◽

10.36701/bustanul.v1i1.120 ◽

2020 ◽

Vol 1 (1) ◽

pp. 1-15

Author(s):

Mukran H. Usman ◽

Akhmad Hanafi Dain Yunta

Keyword(s):

Research Method ◽

Islamic Law ◽

Literature Study ◽

Historical Approach ◽

Normative Approach ◽

Sharia Law ◽

The Law

Islamic law came to bring justice and benefit. The law of jahiliah in some cases were corrected but not removed, so this also strengthened the understanding that the sharia Law of the previous people were originated from Allah who were improved, corrected, and adjusted. This study aimed to provide an explanation and knowledge concerning the law of jahiliah that were corrected by Islamic law without being removed. The research method used was the literature study with normative approach and was supported by a historical approach. The result shows that it is clear that Islamic justice did not necessarily eradicate some of the laws of jahiliah, such as: Polygamy, dowry, and the period of idah. On the contrary, Islam eliminates the technical that are unjust and still consider that law as part of Islamic law.

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