scholarly journals Religious Radicalism and Islamic Universities in Aceh: Between Campus, Environment and Family

2021 ◽  
Vol 5 (2) ◽  
pp. 1044
Author(s):  
Sanusi Ismail ◽  
Bustami Abubakar ◽  
Ajidar Matsyah ◽  
Muhammad Thalal ◽  
Hermansyah Yahya
Keyword(s):  
Islamic Law ◽  
Group Discussion ◽  
Education Institution ◽  
The State ◽  
Potential Threat ◽  
Campus Environment ◽  
Academic System ◽  
Religious Radicalism ◽  
The Public Sphere ◽  
Religious Higher Education

This paper discusses how Islam is understood, taught, and practiced at the State Islamic Religious Higher Education Institution (PTKIN) in Aceh, whether the contextual approach and tolerance towards difference approach are used, whether there is any indication of the development of religious radicalism, how PTKIN in Aceh positions itself towards this problem, and also, how the environment and family play their roles on this issue. This qualitative study collected data by means of observation, in-depth interview, documentation, and focus group discussion. The data were then analyzed in the following steps:  data reduction, data display, verification, and conclusion drawing. The PTKIN selected as research sites consisted of Universitas Islam Negeri Ar-Raniry Banda Aceh, Institut Agama Islam Negeri Zawiyah Cot Kala Langsa, and Sekolah Tinggi Agama Islam Negeri Gajah Putih Takengon. In general, the findings revealed that PTKIN in Aceh has been relatively free from religious radicalism. The teaching of Islamic studies at PTKIN in Aceh still adheres to the Qur’an, Hadith and authoritative references from various sources and time periods, from classical to contemporary books, and from moderate to contextual approaches that respect differences in understanding. The small potential and threat of religious radicalism at PTKIN in Aceh, in addition to the academic system built within PTKIN itself, are influenced by the socio-cultural and political environment in Aceh which is quite accommodating to the aspirations of Islamic law. Islam in Aceh today is relatively compatible with the state because the state has given the Acehnese peoplethe right to exercise Islamic law, not only in the private sphere, but also in the public sphere. However, there is one potential threat that needs to be aware of, which is the way to commute between home and campus; and, this particular space needs to be bridged properly so that students will not be recruited by exclusive Islamic groups without the knowledge of the campus and their families.

scholarly journals PERAN IAIN PONTIANAK DALAM PENCEGAHAN PEMAHAMAN RADIKALISME AGAMA

At-Turats ◽  
2015 ◽  
Vol 9 (1) ◽  
pp. 15
Author(s):  
Hamka Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Islamic Education ◽  
State Institute ◽  
Islamic Studies ◽  
Religious Radicalism

The historicity of the State Institute of Islamic Studies (IAIN) Pontianak actually brings us to an understanding that in fact IAIN Pontianak has so far taken part in preparing alumni who are skilled and competent in the field of Islamic religious sciences, such as Islamic education, Islamic law, and Islamic dakwa. This also signifies the responsibility of IAIN Pontianak in shaping the ‘considerate and tolerant understanding of religion’ and minimizing forms of religious radicalism on campus. This will be discussed further in this paper.

scholarly journals Pesantren and the Freedom of Thinking: Study of Ma‘had Aly Pesantren Sukorejo Situbondo, East Java, Indonesia

2009 ◽  
Vol 47 (2) ◽  
pp. 295-316
Author(s):  
Hatim Gazali ◽  
Abd. Malik
Keyword(s):  
Public Sphere ◽  
Islamic Law ◽  
Education Institution ◽  
High Tolerance ◽  
Interfaith Marriage ◽  
The Public ◽  
Islamic Jurisprudence ◽  
Islamic Science ◽  
The Public Sphere

Various studies on Pesantren have been conducted through various lenses and perspectives; however, its attractiveness is still there. In some points, the pesantren is well known as a conservative institution in which freedom of thinking is limited. This article is willing to show that not all pesantrens limit their students' freedom of thinking. One of them is Ma'had Aly (higher education), one of the education institution in Pesantren Salafiyah Syafi'iyah Sukorejo Situbondo which focuses its teaching on fiqh. Fiqh, or Islamic jurisprudence, is one of the branches of Islamic science. In some pesantrens, the teaching of fiqh is limited to one school or madhhab, particularly school of Shafi'i. However, in Ma'had Aly, not only one school of thought is taught, but fiqh of four schools of thought. It shows a high tolerance and respect for differences. In order to seek a new ingredient in formulating Islamic law, the teaching of fiqh is combined with other sciences such as philosophy, sociology, and anthropology. This new ingredient produces a rich discourse of fiqh and widens its scope of discussion to include to religious relationships, gender, human rights, ecology, and other contemporary issues such as interfaith marriage, the possibility of a non-Muslim being president, and the role of women in the public sphere. Looking from the curriculum, the method of teaching, and the publication of bulletin of Tanwirul Afkar, this article proves that freedom of thinking is well-maintained at Ma'had Aly.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

SOCIAL ASPECTS OF NATIONAL SAFETY OF THE STATE

2018 ◽  
pp. 7-12
Author(s):  
O. B. Berezovska-Chmil
Keyword(s):  
Sustainable Development ◽  
Social Security ◽  
National Security ◽  
Negative Impact ◽  
Empirical Studies ◽  
State Regulation ◽  
The State ◽  
Potential Threat ◽  
Role Of The State ◽  
Level Of Economic Development

  In this article theoretical and еmpirical analysis of social security are conducted. Ways of the optimization social security are argumented. The author notes that significant transformation processes are taking place in the country. They affect the state of security. It is noted that with the development of scientific and technological progress the number of threats and dangers does not decrease. At the same time, the essence of the phenomenon of "danger" is revealed. Empirical studies have been carried out on the basis of an analysis of problems related to ensuring the necessary safety of people. It is established that in recent times organized crime, including cybercrime, has spread widely in Ukraine. It has a negative impact on ensuring national security and sustainable development. A number of factors have been singled out. They are a potential threat to national security. Groups of possible dangers are determined. Summarizing the opinions of scientists, the essence of the concept of "social security" is characterized. It is emphasized that its state is influenced by the level of economic development, the effectiveness of social policy of the state and state regulation of social development. The authors have grounded the formation of national and social security, have proved that sustainable development is connected with the observance of social standards; have considered the development and implementation of a balanced social and environmental and economic policy. This policy would involve active use of the latest production technologies, minimizing the amount of harmful emissions to the environment, strengthening the role of the state in solving social and economic problems and sustainable development.

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

‘Party in the street’: The partisan politics of space

2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
State Power ◽  
Public Spaces ◽  
The State ◽  
Political Community ◽  
Democratic Legitimacy ◽  
Partisan Politics ◽  
The Public ◽  
The Public Sphere

Public space is often understood as an important ‘node’ of the public sphere. Typically, theorists of public space argue that it is through the trust, civility and openness to others which citizens cultivate within a democracy’s public spaces, that they learn how to relate to one another as fellow members of a shared polity. However, such theorizing fails to articulate how these democratic comportments learned within public spaces relate to the public sphere’s purported role in holding state power to account. In this paper, we examine the ways in which what we call ‘partisan interventions’ into public space can correct for this gap. Using the example of the Communist Party of India (Marxist) (CPIM), we argue that the ways in which CPIM partisans actively cultivate sites of historical regional importance – such as in the village of Kayyur – should be understood as an aspect of the party’s more general concern to present itself to citizens as an agent both capable and worthy of wielding state power. Drawing on histories of supreme partisan contribution and sacrifice, the party influences the ideational background – in competition with other parties – against which it stakes its claims to democratic legitimacy. In contrast to those theorizations of public space that celebrate its separateness from the institutions of formal democratic politics and the state more broadly, the CPIM’s partisan interventions demonstrate how parties’ locations at the intersections of the state and civil society can connect the public sphere to its task of holding state power to account, thereby bringing the explicitly political questions of democratic legitimacy into the everyday spaces of a political community.

scholarly journals Contested Numbers: Census Controversies and the Press in 1960s Nigeria

2021 ◽  
pp. 1-19
Author(s):  
Gerardo Serra ◽  
Morten Jerven
Keyword(s):  
Public Sphere ◽  
Political Culture ◽  
Cultural History ◽  
The State ◽  
Population Census ◽  
The Public ◽  
The Press ◽  
Distribution Of Resources ◽  
The Public Sphere

Abstract This article reconstructs the controversies following the release of the figures from Nigeria's 1963 population census. As the basis for the allocation of seats in the federal parliament and for the distribution of resources, the census is a valuable entry point into postcolonial Nigeria's political culture. After presenting an overview of how the Africanist literature has conceptualized the politics of population counting, the article analyses the role of the press in constructing the meaning and implications of the 1963 count. In contrast with the literature's emphasis on identification, categorization, and enumeration, our focus is on how the census results informed a broader range of visual and textual narratives. It is argued that analysing the multiple ways in which demographic sources shape debates about trust, identity, and the state in the public sphere results in a richer understanding of the politics of counting people and narrows the gap between demographic and cultural history.

The Other Muslim Bans

2020 ◽  
Vol 1 (1) ◽  
pp. 2-38
Author(s):  
Will Smiley
Keyword(s):  
Security Policy ◽  
Islamic Law ◽  
State Level ◽  
The State ◽  
The Other ◽  
State Court ◽  
Court Cases ◽  
State Laws ◽  
Foreign Law ◽  
Muslim Majority

This Article addresses and critiques the case for state-level legislative bans on courts citing “Islamic law” or the law of Muslim-majority countries. In particular, the Article reviews the most substantive evidence adduced by the bans’ supporters, in the form of a set of state court cases published by the Center for Security Policy (CSP). Very few of these cases, in fact, show courts actually applying Islamic or foreign law, and in none of these cases would the various forms of proposed legislation have been likely to alter the result. Thus even this report does not suggest a need for the state laws purporting to ban sharīʿa. The Article thus argues that even if these bans are not unconstitutionally discriminatory in their effect, they are ineffective at achieving their claimed purpose. This Article was originally published as an Occasional Paper in the Harvard Papers in Islamic Law series in 2018.

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