scholarly journals TELAAH KRITIS TERHADAP PEMIKIRAN HUKUM ISLAM T.M.HASBI AS-SHIDDIQIE

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Rahmiyati
Keyword(s):  
Islamic Law ◽  
Primary Source ◽  
Law Reform ◽  
Social Organizations ◽  
Unitary State ◽  
The Republic ◽  
The Many ◽  
The Right ◽  
Early Preparation

For reformers, Qur'an and the Sunnah of the Prophet, the primary source of Islamic teachings, are the solution to all current Muslims' problems. The main source of Islamic teachings must be explored using the right to ijtihad so that Islam can solve the current and future problems of the ummah. In the early preparation for the independence of the Republic of Indonesia, the discussion concerning Islamic law from the aspect of fiqh was receding because all Muslims were preoccupied with the formation of the Unitary State of the Republic of Indonesia (NKRI). This agendas never made Hasbi forget the agenda of Islamic law reform in Indonesia, even though the many Muslim reformers of his time established social organizations. Abstrak: Bagi kaum pembaharu, solusi dari seluruh problem umat Islam sekarang ini, adalah kembali kepada Alquran dan Sunnah Rasulullah Saw. Yang merupakan sumber pokok ajaran Islam. Sumber pokok ajaran Islam, harus digali dengan mempergunakan hak berijtihad, agar Islam dapat menyelesaikan masalah umat, baik sekarang maupun akan datang. Pada masa awal persiapan kemerdekaan Republik Indonesia, perbincangan tentang hukum Islam dari aspek fiqh semakin surut karena semua umat Islam disibukkan dengan pembentukkan Negara Kesatuan Republik Indonesia (NKRI). Namun, kesibukan tersebut tidak pernah membuat Hasbi ikut terlena untuk melupakan agenda pembaruan hukum Islam di Indonesia kendatipun banyak para pembaru Muslim di masanya yang mendirikan organisasi-organisasi kemsyarakatan (Ormas). Kata kunci: ijtihad, hukum islam, sunnah, pembaharuan

The application of Islamic inheritance law in independent and contemporary Kenya: A Muslim’s right to equality and freedom from discrimination

2020 ◽  
Vol 8 (1) ◽  
pp. 30-64
Author(s):  
Moza Jadeed ◽  
Attiya Waris ◽  
Celestine N Musembi
Keyword(s):  
Minority Groups ◽  
Islamic Law ◽  
Primary Source ◽  
Law Reform ◽  
Special Treatment ◽  
Group Discussions ◽  
International Consensus ◽  
Inheritance Law ◽  
The Right ◽  
Depth Interviews

This article argues that the observance of Islamic inheritance law (IIL) by Muslims in Kenya while the rest of the citizens employ a universal inheritance law is legitimate. It is within the Muslims’ right to equality and freedom from discrimination both under the now-repealed 1963 independence Constitution and the present Constitution of Kenya 2010. Through analysis of previous works, cases (local and foreign), statutes, international human rights instruments, international consensus documents, other international agreements, in-depth interviews and focus group discussions, the article justifies the application of IIL in the country. It also conducts a thematic reading of the Qur’an, the Muslim Holy Book and the primary source of Islamic law, to demonstrate that IIL is a matter of exceptional importance to Muslims and therefore deserves accommodation in the Kenyan legal system under the right to equality and freedom from discrimination. The article, therefore, allays fears and misconceptions that the recognition of IIL in the country’s normative structures gives Muslims special treatment, makes them lucky and/or disunites Kenyans. Instead, it shows that such an arrangement is lawful and aligns with the principle of separation of the state and religion. It also makes Kenya inclusive and cohesive as it respects the rights of all its citizens, including the minorities. And because the enjoyment of this right is personal, the article highlights that the hesitance by other minority groups (locally and abroad) to assert it during their countries’ lawmaking or law reform processes does not estop Kenyan Muslims from doing it.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals The Implementation of Waqf to Actualize Economic Justice Based on Islamic Law

2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita
Keyword(s):  
Islamic Law ◽  
Economic Justice ◽  
Community Members ◽  
Economic Class ◽  
The People ◽  
The Holy Quran ◽  
The Republic ◽  
Economic Balance ◽  
Islamic Economic ◽  
The Right

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.

scholarly journals ZAKAT WITHIN THE FRAME OF THE UNITARY STATE REPUBLIC OF INDONESIA: ADAPTABILITY OF SHARIA VALUES AND CULTURES

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
M Usman
Keyword(s):  
Islamic Law ◽  
Logical Consequence ◽  
Local Culture ◽  
Methodological Framework ◽  
Multicultural Society ◽  
Social Culture ◽  
Rational Development ◽  
Unitary State ◽  
Universal Values ◽  
The Republic

This paper aims to elaborate the dynamics of Islamic law assimilation with local culture. With the hope that in the future it will form a basic perspective in shaping the philanthropy of contemporary Islamic law based on the reality of Indonesian society. The basic questions which is going to be answered through this paper are, first, the extent of the adaptability of Islamic law in the midst of multicultural society conditions in Indonesia. Second, what are juridical, normative and sociological arguments in placing zakat as a support for the integrity of the Unitary State Republic of Indonesia. Third, How is the Formulation of the Concept of Zakat within the frame of Unitary State Republic of Indonesia? The conclusion from this study shows that, first, the characteristics of Islamic law indicate the ability of adaptability to the culture of the society in which it is accepted. Even in this case Islam has provided important principles regarding rational development in efforts to adapt to its new environment. Second, placing zakat as a support for the integrity of the Unitary State Republic of Indonesia is worth to be formulated. This is a logical consequence of the efforts of the Islamic ummah to always place al-Qur'an and al-Sunnah as limited texts. One of the most fundamental results of Indonesian social culture is the realization of the Unitary State of the Republic of Indonesia. Making the formulation of zakat in the frame of the Unitary State Republic of Indonesia is a clear proof that Islamic law contains universal values that are valid in any time and any place. Third, the methodological formulation of zakat in the frame of Unitary State of the Republic of Indonesia is in a dynamic and accommodating ijtihad towards change. This methodological framework is based on al-Mashlahah, ‘Urf, Sad Dzaria'ah and dialectics between Gama and the State.

scholarly journals Pengaturan Memperoleh Kembali Status Warga Negara Indonesia Bagi ISIS Eks WNI Ditinjau Dari Peraturan Pemerintah Nomor 2 Tahun 2007 dan Konsep Maslahah Mursalah

2020 ◽  
Vol 7 (1) ◽  
pp. 58-68
Author(s):  
Saiful Bari
Keyword(s):  
Islamic Law ◽  
Citizenship Status ◽  
Material Data ◽  
Unitary State ◽  
Article 9 ◽  
The People ◽  
The Status ◽  
The Republic ◽  
Main Material

This research is motivated by the loss of Indonesian citizenship status experienced by Indonesian citizens who are members of ISIS combatants. This is in line with of Article 23 letter e in Law No. 12 of 2006. The purpose of this study is to analyze the arrangements to regain the status of Indonesian citizens. This type of research is normative law. This study uses a law approach and the concept of the problem maslahah. The main material data of this study are from perimer legal material and secondary legal material. The results of this study conclude that first, in the perspective of the Citizenship Law and its implementing regulations, ex-ISIS former citizens are not eligible to regain Indonesian citizenship status as regulated by Article 9 of Law No. 12 of 2006 and Article 2 to Article 12 of PP No. 2 of 2007. Second, in the perspective of the problem maslahah, the Citizenship Act and its implementing regulations do not conflict with the sources and the propositions of Islamic law. Therefore, maintaining the sovereignty of the Unitary State of the Republic of Indonesia and the interests of the people by not giving them RI citizenship status is a beneficial act.

HOAX DALAM TINJAUAN HADITS NABAWI

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 147-179
Author(s):  
Ali Musri Semjan Putra
Keyword(s):  
Social Media ◽  
Business Education ◽  
Sex Trafficking ◽  
Islamic Law ◽  
The Other ◽  
The World ◽  
Information Media ◽  
Severe Punishment ◽  
The Many ◽  
The Right

Among the proofs of the greatness of God's power in the millennium is the emergence of various kinds of information media that are very helpful for ease in various matters. The convenience covers various fields of affairs, not just in the form of sharing information but has penetrated into the fields of business, education, da'wah and so on.Besides the many positive sides of social media, on the other hand social media is also a vehicle for various negative actions, such as hoaxes, fighting, sex trafficking, drug sales and so on. So this study tries to examine the nabawi hadiths relating to things that must be heeded in social media, specifically those related to hoaxes, with the induction approach using qualitative analysis. The purpose of the research is to provide insight to the community in using social media so that there is no violation of religious teachings or legislation when integrating on social media. As well as being a wrong solution in tackling and minimizing various forms of irregularities and violations that occur in the community in social media, both offenders in the form of crimes of intimidation, provocation, fraud, counterfeiting and so on, are spurred from hoax news.The conclusion of this study is that making or spreading hoaxes is an act that is strictly prohibited and prohibited in the nabawi hadiths which are the second source of law in Islamic law after the noble Qur'an. The culprit has the right to be punished in the world in a criminal manner or get a severe punishment in the hereafter, according to the effects and headlines of the lies he did.

scholarly journals THE CONCEPT OF TAUHID EDUCATION VALUE (AQIDAH) IN NATIONAL EDUCATION SYSTEM PERSPECTIVE

2019 ◽  
Vol 11 (2) ◽  
pp. 141
Author(s):  
Nurhadi Nurhadi ◽  
Zainul Bahri Lubis
Keyword(s):  
Religious Education ◽  
Education System ◽  
System Perspective ◽  
Level Of Education ◽  
National Education ◽  
Unitary State ◽  
Library Research ◽  
National Education System ◽  
The Republic ◽  
The Right

This study aims to determine the values of Tauhid Education in the National Education System and the relevance of the National Education System Law No. 20 of 2003 in strengthening the values of Tauhid Education. This research method uses a type of library research or literature study (library research). Using two data sources, namely: 1). The primary data is law No. 20 of 2003 concerning the National Education System. 2). Secondary data is literature related to this research. The results of the study were obtained: 1) the values of Tauhid education contained in Chapter II Article 3 read: "National Education aims to develop the potential of students to become human beings who believe and fear God the Almighty". Chapter V Article 12 paragraph 1 point A reads: "Every student in each education unit has the right: get religious education in accordance with the religion he adheres to and is taught by educators who are of the same religion". Chapter X Article 36 paragraph 3 point A reads: "The curriculum is prepared in accordance with the level of education within the framework of the Unitary State of the Republic of Indonesia by taking into account: Increased faith and piety". 2) Relevance of the Law on National Education System No. 20 of 2003 in strengthening the values of Tauhid education that the main purpose is: "Faithful and devoted to the Almighty God". Then the right of the first student is to get religious education in accordance with a religion that is followed and taught by religious educators. And the curriculum is arranged in accordance with the level of education within the framework of the Unitary State of the Republic of Indonesia with the first increase, namely faith and piety.

scholarly journals Tinjauan Hukum Islam tentang Perlindungan Saksi dalam Undang-undang Perlindungan Saksi dan Korban Tahun 2006

2020 ◽  
Vol 22 (2) ◽  
pp. 302-324
Author(s):  
Muhammad Shafwan ◽  
M. Zayin Chudlori
Keyword(s):  
Islamic Law ◽  
Protection Agency ◽  
Sense Of Security ◽  
Victim Protection ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Article 5

This article aims to find out: (1) how is witness protection in Law of the Republic of Indonesia Number 13 of 2006 and witness protection in Islamic law? The results of the study concluded that; firstly, the protection of a witness in the Law of the Republic of Indonesia Number 13 of 2006 (Article 5) explains that a witness has the right to obtain protection for his personal, family, and property security, and is free from threats relating to testimony which will, is, or has given. The meaning of protection here is the efforts to fulfill the rights and provide assistance in the sense of security to witnesses that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions per the provisions of this law. Secondly, even though the mechanism for protecting a witness is not regulated in detail, but Islam highly appreciates a witness who is willing to give testimony in the disclosure of a case, namely by forbidding killing the witness.

scholarly journals Implementation Place of ‘Uqubat Canings in Fiqh Perspective (Analysis of Aceh Governor Regulation Number 5 of 2018)

2019 ◽  
Vol 2 (4) ◽  
pp. 65-73
Author(s):  
Helmi Helmi ◽  
Saiful Bahri ◽  
Riyandi Riyandi ◽  
Nurazizah Nurazizah ◽  
Nurmasyitah Nurmasyitah
Keyword(s):  
The State ◽  
Unitary State ◽  
Sharia Law ◽  
The Republic ◽  
The Right ◽  
Sharp Criticism ◽  
Perspective Analysis

One form of the development of fiqh is to make the charge of fiqh in the form of theoretical laws into practical laws by putting them in the legislation of a certain State or territory in the State. After being granted the right to implement Islamic sharia by the State, Aceh as a provincial territory within the Unitary State of the Republic of Indonesia had the opportunity to realize fiqh laws into legislation termed Qanun, in order to regulate the behavior of its people to be under the auspices of sharia law. Throughout the course of the application of Islamic sharia based on various Qanun that was built, its implementation has never been separated from various problems and criticisms, both from the internal elements of Aceh, National and International. Among the cases that finally led to the problem was the birth of the Aceh PERGUB Number 5 of 2018. The problem that arose was a sharp criticism contents of some of the PERGUB contents which was deemed to deviate from the previous Qanun and deviated from the provisions of fiqh, even further claimed as an effort to dwarf the Islamic sharia. However, if examined objectively, it is not certain that the regulation will deviate from the existing Qanun and fiqh. But like a hot ball that is rolling, the debate that occurs in response to the PERGUB is sometimes no longer at the level of finding a solution, but it has led to things that are political.

scholarly journals Gustav Stresemann: The Problem of Political Leadership in the Weimar Republic

1960 ◽  
Vol 5 (3) ◽  
pp. 361-377
Author(s):  
Lewis Hertzman
Keyword(s):  
Weimar Republic ◽  
Political Life ◽  
Socialist Republic ◽  
People's Party ◽  
The Status ◽  
German Revolution ◽  
Young Leader ◽  
The Republic ◽  
The Many ◽  
The Right

As a persistent critic of the German Revolution of November 9, 1918, and of the Weimar Republic, the Conservative publicist Arthur Moeller van den Bruck frequently denounced what he called the “republic without republicans”. “The Republic in which we are living”, he wrote, “is a joyless republic. Is it really a republic? Is it not still a monarchy that has merely been deprived of its emblems? Is not this thing which has no symbol on which one can fasten belief, is it not monarchy in its deepest humiliation?” The questions that Moeller van den Bruck was asking for Conservatives were being asked, in their own way, by men through the spectrum of intellectual and political life: by men on the Left who wanted a Communist or Socialist republic, by men of the Right who wanted a popular constitutional monarchy, by the few who wanted the status quo, and by the many who wanted some kind of progressive change in public life. Not least among the questioners was Gustav Stresemann, the young leader of the new German People's Party.

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