scholarly journals Rekonstruksi Nalar Islam: Tinjauan Problematis Relevansi Teks dan Konteks

2019 ◽  
Vol 17 (2) ◽  
pp. 1-26
Author(s):  
Wildan Hidayat
Keyword(s):  
Islamic Law ◽  
Reading Room ◽  
Human Knowledge ◽  
Human Beings ◽  
Religious Law ◽  
Islamic Jurisprudence ◽  
Change Context ◽  
The Will ◽  
Science Of Religion ◽  
Modern Era

Religion descends on the will of God, but understanding and trying to realize religion is up to the object of religion itself, namely human beings. It was at this point that the science of religion was born, which was entirely human and dependent on the mastery of human knowledge. Religion is sacred, holy and perfect, but understanding religion is human, imperfect and worldly. The constant is religion itself (al-diin nafsuh), while the knowledge or understanding of religion (al-ma'rifah al-diniyyah) is temporal and will change. Context is often overlooked by a system of understanding that is brutally adhered to by Islamic reasoning now, so to return the text to something sacf li kulli zaman wan there needs to be a problematic review and 're-reading' to get 'new understanding' of modern Islam. Ushul Juris prudence which is a reaction/ response to the problem of the system as well as the doctrine of 'dirty' politics and disputes of ahl-Ra'yi and ahl-Hadīst about the meaning of texts in the modern era is required to be able to provide solutions to stagnation of Islamic law. Ushul Jurisprudence is not only as a ‘device’ reader of the text of the Qur'an and al-Sunnah but also acts as ‘bidder’ for a new understanding situation. However, the condition of the Ushul Fikih reading room as a level of Islamic religious law has limited methodology so that it cannot cover all aspects of understanding. This is where the author feels the need to bring up the offer and continuation of reconstruction related to the understanding of religion, especially the reconstruction of the Islamic Jurisprudence, so that the plurality of understanding of the sacred Islam will not only be a brutal understanding (madzhabi taqlidi) but the embodiment of methodology in understanding religion is really real.

Al-Azhar Sufism in Post-Revolutionary Egypt

2012 ◽  
Vol 1 (2) ◽  
pp. 224-244
Author(s):  
Moshe Albo
Keyword(s):  
Islamic Law ◽  
Social Activism ◽  
Religious Leader ◽  
Spiritual Belief ◽  
The Public ◽  
Islamic Jurisprudence ◽  
1960S And 1970S ◽  
The 1960S ◽  
Popular Writing ◽  
Modern Era

Abstract This article examines the intellectual Sufi voice of the late Shaykh al-Azhar, ʿAbd al-Ḥalīm Maḥmūd (1910–78). Maḥmūd was a devout Sufi and a major propagator of Salafi views in the Egyptian political and social spheres of the 1960s and 1970s. His ideas represented a reassertion of the importance of Islamic law as the basis for the quest for inner spiritual knowing, social activism in the cause of moral reform, and the search for mystical awareness with jurisprudential erudition. His aim was to integrate the exoteric and esoteric aspects of Islam in a way that would strengthen Islamic solidarity in post-revolutionary Egypt. His importance as the head of the religious, theological, and educational center of al-Azhar University and his employment of this post to advance Sufi ideas and beliefs in the public arena through his writings, speeches and fatwas, reveals a multifaceted religious leader who contradicted prevalent dichotomies of much popular writing on Islam and Sufism in the modern era. Maḥmūd’s spiritual belief and his understanding of Islamic jurisprudence complemented each other in a coherent intellectual theory. The combination of jurisprudential thought with a profound spiritual belief was in his eyes natural and necessary in order to promote and revive Islam in post-revolutionary Egypt. This article illuminates another important aspect of Islamic Sufism that challenges the dichotomous patterns that we use in order to interpret the convergence of alleged conflicting religious ideas. It also reveals an important aspect of Islamic Sufism that contributes to a more complex understanding of the institutionalized Islamic voice in post-revolutionary Egypt.

scholarly journals The Will for Heirs: A Juristic Analytical Study

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Analytical Methods ◽  
Analytical Study ◽  
Islamic Law ◽  
The Other ◽  
Majority Opinion ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
The Will ◽  
The Law ◽  
The Needy

This research aims to study the topic of “The Will for Heirs: A Juristic Analytical Study.” It deals with the definitions of will or testament and heirs from the perspective of Islamic jurisprudence. It discusses the views of jurists regarding the ruling of will for heirs by discussing proofs of jurists on this issue in the light of Islamic law of inheritance. This research discovers that the Muslim jurists differed on the law of will for heirs according to three schools of thought: according to Shī’ah Imāmiyyah and some supporters of Zaydiyyah, the will for heirs is permissible in one-third whether approved by the other heirs or not. This view differs from the majority of jurists who invalidate the will for heirs except by the permission of the other heirs because their permission is like a forfeiture of their right. Others, such as Ẓāhiriyyah, opposed the implementation of will for heirs. They argued that the will, will cause dissatisfaction in other heirs or inheritors. On the other hand, the will for heirs is useful and beneficial for some of the needy heirs. The researchers rely on the inductive and analytical methods. One of the important findings of this research is that, relying on the majority opinion of jurists, the law of will for heirs is valid only with the permission of the rest of the heirs after the death of the testator; this is the best opinion based on the strength of the evidence and their keenness on the unity of the heirs of the deceased.

scholarly journals KONSEP PENDIDIKAN PSIKOLOGI RELIGIUSITAS REMAJA MUSLIM DALAM MOTIVASI BERAGAMA

2020 ◽  
pp. 71
Author(s):  
Andri Nirwana
Keyword(s):  
Religious Education ◽  
Islamic Law ◽  
Good Friend ◽  
Word Of God ◽  
Human Beings ◽  
Emotional Needs ◽  
Close Relationship ◽  
The Will ◽  
The Relationship ◽  
Shed Light

Islam outlines several important aspects in educating children, especially adolescents, to the path of Allah SWT. First, giving love and sufficient living needs. Teenagers in the initial ranks need enough affection than your mother so they don't feel emptiness in the soul. This responsibility must be carried out by the mother and father as well as possible. The Word of God which means QS. Ali-Imran: 14. The instincts of love that manifest in human beings should be nurtured as best as possible according to the will of Islamic law. In giving love to children, it is not enough for the mother and father just to provide material needs while their mental and emotional needs are not emphasized. Father and mother should spend time with their children to make love and get along with them. Father and mother also need to be a good friend to teenagers by providing opportunities to shed light on what problems they face. A divide that is not divided must be given when the teenager is pouring something or other resources to devote the problem that is being faced. A close relationship is very important between the mother father and teenage child. This method makes them not afraid to ask or tell stories if something happens to it. With this, the relationship between the child and his father's mother will be strengthened alongside their obedience and easy acceptance of their father's advice. A child who gets enough love and care from his father's mother will not disappoint his father's hopes. They will not look for happiness outside the home again, for example hanging out with naughty friends, smoking drugs, running away from home and so on because the happiness that is sought has been found at home. Second, provide religious education. Religious education is a duty of the mother and father. Without adequate religious education it is impossible to bear a child of morality and piety to God. Teaching and education should be prioritized related to religion because it is the best way to prevent people from being bad and bring them to glory

International Law, Islamic Law, and Islamic Law States

2019 ◽  
pp. 25-85
Author(s):  
Emilia Justyna Powell
Keyword(s):  
Conflict Management ◽  
International Law ◽  
International Conflict ◽  
Islamic Law ◽  
Legal Systems ◽  
Clear Cut ◽  
Religious Law ◽  
Islamic Jurisprudence ◽  
The Relationship ◽  
Internal Variation

This chapter explains concepts fundamental to this book: international law, Islamic law, Islamic international law, sharia, and the category of Islamic law states (ILS). The ILS category offers an efficient and clear-cut conceptual vehicle for mapping out the balance between religious law and secular law, and how this balance translates into ILS’ preferences with respect to international conflict management venues. The chapter explains how the ILS category differs from other seemingly parallel concepts or definitions present in the scholarship, such as “Islamic states,” or “Muslim states.” It discusses the characteristics and internal variation within the ILS category across different countries and different schools of Islamic jurisprudence. This chapter also presents an analysis of ILS’ domestic legal systems, elaborating on Islamic constitutionalism, and the relationship between religious norms and secular norms in constitutions and sub-constitutional legal systems. Some features analyzed include holy oath, supremacy clause, and sharia education.

scholarly journals تطبیقات علم اصول الفقہ اور سیرت النبیﷺ

rahatulquloob ◽  
2019 ◽  
Vol 3 (2(2)) ◽  
pp. 53-62
Author(s):  
Muhammad Nazir ◽  
Dr. Shabbir Hussain
Keyword(s):  
Social Life ◽  
Human Life ◽  
Spiritual Needs ◽  
Practical Training ◽  
Human Beings ◽  
The Social ◽  
Islamic Jurisprudence ◽  
Body And Soul ◽  
Physical Comfort ◽  
Modern Era

Human life is a combination of two things i.e. body and soul. In this modern era the major concern of a man is working hard for physical comfort and prosperity. Despite this, the social life has failed to seek such comfort and prosperity because its spiritual needs are not being fulfilled thoroughly. For that purpose Islam has provided guidance in the form of way of living of Holy Prophet (PBUH). An important aspect of seretah al-Tayyiba is to extract the solution of modern prob-lems in the light of principles of Islamic Jurisprudence. Through his own life and by educating his companions. He (PBUH) taught people how to solve their contemporary matters if they don’t find the solution in Quran and Sunnah. In this way the life of Holy Prophet (PBUH) is a practical training in addition to being the final authority for all humanity, through which both this world and the Here-after can be achieved. Especially, the modern issues like cloning, human organs transplantation etc. can be resolved through principals of Islamic jurisprudence. In this regard, the thorough research study of principals of Islamic jurisprudence is compulsory for the training and guidance of human beings. In Islamic studies the early scholars of Sunni school of thought have done a great deal of work but the modern scholars have made less progress. On the contrary, the ancient scholars of Shia school of thought worked very less on this subject while their modern scholars are working a lot on principles Islamic jurispru-dence. Therefore regarding modern issues we also can get benefit from their efforts.

scholarly journals Memperkuat ’Urf dalam Pengembangan Hukum Islam

2017 ◽  
Vol 12 (1) ◽  
pp. 22-41
Author(s):  
Ach Maimun
Keyword(s):  
Islamic Law ◽  
Legal Basis ◽  
Religious Law ◽  
Islamic Jurisprudence ◽  
The Future ◽  
Human Interpretation ◽  
Important Position ◽  
Local Traditions ◽  
The Way

Sejauh ini, keberadaan ’urf sebagai sumber hukum Islam tidak menonjol. Padahal `urf memiliki posisi penting untuk pengembangan Islam di Nusantara yang kaya budaya. `Urf dapat menjadi pembendung kolompok yang anti terhadap tradisi lokal. Para ulama sejatinya telah berbicara panjang lebar tentang ’urf sebagai dasar hukum. Para mujtahid dan mufti disyaratkan menguasai tradisi suatu masyarakat dan cermat mempertimbangkannya. Untuk itu diperlukan upaya penguatan ‘urf dalam rangka pengembangan hukum Islam agar dapat tetap berperan di masa depan. Tujuan itu dapat dilakukan dengan beberapa langkah, yaitu memperbaiki cara memahami dan mendudukkan nash sebagai landasan utama hukum Islam, menegaskan posisi fiqih sebagai hasil ijtihad manusiawi yang historis dan kultural, dan melakukan negosiasi antara doktrin Islam dengan tradisi sekaligus menciptakan tradisi baru sebagai wujud penerjemahan doktrin yang bersifat mutlak. (The existence of 'urf as one of sources of Islamic law is not dominant while it has an important position in the context of Islamic development in Indonesia, which is rich of culture and tradition. `Urf can be a barrier against those who are anti-local traditions. Actually, Islamic scholars have discussed a lot about ‘urf as the legal basis in the context of Islamic law. Mujtahid (experts in islamic law) and mufti (advisers on religious law) are required to be knowledgable of the traditions of a society and carefully consider them.Therefore, it is necessary to strengthen the 'urf for developing Islamic law in order to keep it playing a role in the future. In so doing, it is necessary to take several steps; improving the way to understand and place the texts of the Quran as the main foundation of Islamic law, affirming the position of Islamic jurisprudence as the result of historical and cultural human interpretation and judgement (ijtihad), and negotiating between Islamic doctrine and tradition while creating new traditions as a form of absolute doctrinal translation.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

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.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

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