Mengatasi Kelangkaan Tafsir Ahkam di Tengah Komunitas Penggiat Fikih Nusantara

SUHUF ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 219-234
Author(s):  
Muhammad Ishom El-Saha
Keyword(s):  
Social Life ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Muslim Scholars

Study on Islamic  jurisprudence in  Indonesian is very vigorous and developed in accord with the dynamics of society’s life in Indonesia. Starting from the study of Islamic jurisprudence on worship, marriage and even on social life in line with the revival of  shariah economy. However, although the study theme of Islamic jurisprudence is getting wider, it has not aroused the mark for the interest revival of Indonesian muslim scholars to  study in depth and width about the Quranic exegesis of the law yet. This writing is made to encourage those who may concern on this issue that it is advisable to those vigorously study the Islamic jurisprudence in Indonesia redesign the pattern of the study of Islamic jurisprudence to be more systematic by emphasizing its study on the Quranic exegesis of the law. This writing explains that the study of Islamic jurisprudence using the approach of the Quranic exegesis of the law will lead to the comprehensive undertanding on the problems of Islamic jurisprudence.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

PRINSIP AL-TAYSĪR DALAM FIQH AL-AQALLIYĀT YŪSUF AL-QARAḌĀWĪ

EMPIRISMA ◽  
2016 ◽  
Vol 25 (1) ◽  
Author(s):  
Abdul Wahab Khalil
Keyword(s):  
Legal Issues ◽  
Limited Time ◽  
The West ◽  
Muslim Scholar ◽  
Islamic Jurisprudence ◽  
Friday Prayer ◽  
Muslim Minorities ◽  
Muslim Scholars

The Muslim minorities in the West who are currently dealing with a multitude of problem receives attention from Muslim scholars. Syaikh Yūsuf al-Qaraḍāwī is the first Muslim scholar who attempted to provide a solution to the problems, especially related to the implementation of religious teachings, as he outlined it in the framework of fiqh al-aqalliyāt. In principle, this is not something new in Islamic jurisprudence, because its legal sources are still the same. Nevertheless, this kind of fiqh is different in the sense that it does not merely talk about legal issues, but also the problems of theology and morals that the Muslim minorities in the West are currently dealing with in their relations with non-Muslims. Fiqh al-aqalliyyāt is also characterized by the use of the principle of al-taysīr as clearly prominent in the fatwās by Syaikh Yūsuf al-Qaraḍāwī, such as on the validity of both performing Friday prayer in the morning due to limited time for religious sermon (khuṭbah) and during ẓuhr time in some countries. This article will explore further this principle of al-taysīr in the Qaraḍāwī’s fiqh al-aqalliyyāt. Keywords: Yūsuf al-Qaraḍāwī, Fiqh al-Aqalliyāt, al-Taysīr

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

scholarly journals The Importance and Necessity of Paying Attention to Law and Legalism in Social Areas from the Perspective of the Holy Quran

2016 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Reza Alami ◽  
Farzad Emamian ◽  
Seyed Nima Karimi ◽  
Seyed Sadegh Mousavi Takami ◽  
Mahdi Rezaei
Keyword(s):  
Social Life ◽  
Natural Rights ◽  
Human Society ◽  
Human Beings ◽  
Law And Order ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Law ◽  
Laws And Regulations

<p>Social life is an inevitable necessity for human beings and order, security and justice is required for social life. In this regard, everything that can be effective social life of for human beings should be seriously considered. Law is among these phenomena that people can benefit from social life in its light in addition to benefiting from their natural rights. Therefore, it can be said that the strength and cohesion of any society is paying attention to the law and obeying it. Obviously, this religion in order to convey its purpose should have a plan for them. Therefore, God, as the drafter of this religion sent the Quran to people which is full of solutions and values and a better life for them. In Islam and Quran, the condition of salvation and happiness of a society depends on adherence to God's laws and regulations in all facets and social arenas. The results of this study show that in the shadow of respecting law and order the possibility of planning, implementing and guiding in human society is done. A society can only be lawful by fulfilling God's commandments in Quran.</p>

scholarly journals Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

2021 ◽  
Vol 3 (1) ◽  
pp. 224-231
Author(s):  
Yasir Nasution ◽  
Alyasa’ Abubakar ◽  
Kafrawi
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Legal Research ◽  
Government Regulations ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Research Show

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.  

scholarly journals PERUBAHAN SOSIAL DAN PEMBARUAN HUKUM ISLAM PERSPEKTIF SADD AL-DZARI’AH

2015 ◽  
Vol 15 (2) ◽  
pp. 101
Author(s):  
Gibtiah Gibtiah ◽  
Yusida Fitriati
Keyword(s):  
Social Change ◽  
Human Nature ◽  
Social Life ◽  
Islamic Law ◽  
Method Of Determination ◽  
Constant Change ◽  
The Law

<p>Abstract: Social life is one of human nature that has innate.<br />One characteristic of social life is the constant change in the<br />community. There is no society ever stop at a certain point of all<br />time, but constantly changing and moving forward. Changes<br />that occur sooner or later be able to change the joints staple of<br />people's lives. This paper explores social change and renewal of<br />Islamic law by using the method of determination of the law<br />“sadd al dzari’ah”.</p><p><br />ملخص: الحیاة الاجتماعیة ھي واحدة من طبیعة الإنسان الذي لدیھ الفطریة . واحدة<br />من سمات الحیاة الاجتماعیة ھي التغییر المستمر في المجتمع. لا یوجد أي مجتمع<br />تتوقف أبدا عند نقطة معینة في كل العصور، ولكن تتغیر باستمرار، و تتحرك إلى الأمام<br />. التغیرات التي تحدث عاجلا أو آجلا تكون قادرة على تغییر الأساسیة مفاصل حیاة<br />الناس. وتبحث ھذه الورقة التغییر الاجتماعي والتجدید في الشریعة الإسلامیة باستخدام<br />طریقة تحدید القانون.</p><p>Kata kunci : metode penggalian hukum, sadd al-dzari’ah</p>

scholarly journals أوامر في سورة النساء المتعلقة بأحكام الأسرة; دراسة تطبيقية

2020 ◽  
Vol 1 (1) ◽  
pp. 180-199
Author(s):  
Awal Rifai ◽  
Usamah Maming
Keyword(s):  
Family Life ◽  
Social Life ◽  
Analytical Approach ◽  
The Family ◽  
The Law

Surah An-Nisa is one of the longest madaniah surah, and is one full of provisions of sharia laws that govern all matters both internal and external ones for Muslims. Among the prominence of this noble surah is that it tells a lot about important things related to women, household, family, country, and social life. In this surah, there are commands and prohibitions in various matters. The purpose of this study was to extract imperative sentences related to family life and then briefly identify the rules that became the base for these commands. The researcher employed an inductive and analytical approach by extrapolating Surah Al-Nisa, taking imperative sentences related to family life, and explaining the law which is concluded from it. Researcher finds, among the most important of the most important ones are as follows: understanding the meaning of al-amr (command) which is a request to do something in the form of superiority. There are two types of amr: direct and indirect. The number of amr related to the family in the surah is seventeen.

scholarly journals Family Reform and Judicial Discretion of the judge to resolve family disputes: الإصلاح الأسري وسلطة القاضي التقديرية لحل النزاعات الأسرية

2020 ◽  
Vol 4 (10) ◽  
Author(s):  
Fawzieh Salem Mubarak Busboos
Keyword(s):  
Central Place ◽  
Judicial Discretion ◽  
Great Care ◽  
The Family ◽  
Islamic Jurisprudence ◽  
Personal Status ◽  
Solid Foundation ◽  
The Law ◽  
Rule Out

Family reform and judicial discretion of the judge to resolve family disputes are one of the most important ways to protect the continuity and cohesion of the family، Islam has given the family a central place in society and has given it great care in terms of its foundation on the requirements of religion as well as in terms of its continuity on a solid foundation of intimacy and compassion. Islam as a realistic religion didn't rule out exposing this family for a series of conflicts that threaten its stability. Therefore، Islam urged to reform between the spouses whenever there is a disagreement between them. Islam gave the judge a judicial discretion in resolving family disputes. Jordanian Personal Status Law didn't deviate from what is prescribed in Islamic jurisprudence، where the judge was given a judicial discretion in resolving family disputes، A judicial discretion is the freedom that left by the law to a judge either expressly or implicitly، This is in order to choose the most appropriate and the closest solution among other solutions. We have concluded that one of the most important factors for the success of the judge in reducing family disputes is providing appropriate conditions for effort and reform attempts.

scholarly journals ARBITRASE SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA EKONOMI SYARIAH MENURUT UNDANG-UNDANG NOMOR 30 TAHUN 1999

Asy-Syari ah ◽  
2014 ◽  
Vol 16 (2) ◽  
Author(s):  
Muhibuthabary Muhibuthabary
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Religion ◽  
Arbitration Process ◽  
Islamic Jurisprudence ◽  
New Knowledge ◽  
The Absolute ◽  
The Law ◽  
Islamic Economic ◽  
Religious Courts

This paper describes the arbitration as an alternative dispute resolution in Shariah economy. Dispute resolution in general civil religion has resolved through litigation in the religious courts that refer to Article 49 of Law Number 7 of 1989 Jo. Law Number 3 of 2006 Jo. Law Number 50 of 2009 on the Religious Courts. However, there are some interesting cases, one of which is the Islamic economic disputes could be resolved through non-litigation or arbitration process, which refers to the Law No. 30 Year 1999. Now, the Shari'ah economic dispute resolution becomes the object of this study which interesting to study both theoretically and practically, not only because the case is to be part of the absolute authority of religious courts, but also becomes a new knowledge in the field of Islamic Jurisprudence

scholarly journals Legal Gender Recognition in Portugal: A Path to Self-Determination

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Carla Moleiro ◽  
Nuno Pinto
Keyword(s):  
Social Life ◽  
Positive Impact ◽  
Well Being ◽  
Clinical Report ◽  
Gender Recognition ◽  
Online Questionnaire ◽  
Psychological Well Being ◽  
Trans People ◽  
The Law ◽  
The Impact

<p><br />This paper presents research on the enforcement and impact of the first legal gender recognition legislation in Portugal (Law no.7/2011). The study describes how the administrative process created by the law functioned during its initial 5-year period, and identifies challenges and processes of resistance to this legal innovation. Simultaneously, it seeks to assess the impact of the law on the social and psychological well-being of trans people, including in their access to vital spheres of social life such as education and employment. The research employs a mixed-methods approach and a multi-informant methodology: an online questionnaire was completed by 68 trans and non-binary people, and semi-structured in-depth interviews were carried out with various selected stakeholders: representatives of trans and LGBTIQ+ organisations (n=5), health professionals identified as experts in the topic and as gatekeepers in legal gender recognition processes (n=12), and trans people (n=6). Results show, on the one hand, the significant positive impact that legal gender recognition has on the psychological well-being and social welfare of the participants. On the other hand, results also show several challenges and forms of resistance to the implementation of the law, in particular those challenges resulting from the fact that legal gender recognition depended on a clinical diagnosis and the provision of a clinical report.</p>

Sign in / Sign up

Export Citation Format

Share Document