Rekonstruksi Metodologi Fikih Kontemporer

2018 ◽  
Vol 12 (2) ◽  
pp. 329-340
Author(s):  
Ansori Ansori

One of the causes of underdevelopment of Muslims is when fiqh is positioned equivalent to naṣṣ (Holy Scripture). When fiqh is equated with naṣṣ, fiqh becomes sacred, there is no courage for people to criticize it, let alone make changes to existing fiqh provisions. As a product of reason (ijtihād), fiqh is not intended as a final legal provision. The ijtihād carried out by the generation after the death of the Prophet Muhammad must be made an important lesson for the need for the development of Islamic law (fiqh) to keep abreast of the times. Another important thing is that applying fiqh law must not only follow fiqh products, but also must understand the process. This means that knowing the methods used by jurists (fuqahā’) to process fiqh births should not be ruled out. Understanding the methods used by jurists (fuqahā’) will open the development of fiqh in the global era, so that fiqh products as a guideline for Muslims will remain relevant and responsive and able to solve contemporary problems.

Al-Mizan ◽  
2017 ◽  
Vol 13 (2) ◽  
pp. 121-139
Author(s):  
Mustofa Mustofa

Franchising is a trend of effective and efficient business development in the present, because it is very beneficial material can also be a smart solution to minimize the sense of prestige or low self-esteem to sell or entrepreneurship for new graduates or scholars who have just completed their studies. Likewise for beginner entrepreneurs who are still afraid of the loss that is always haunting, Francise is one solution. Apart from being able to bring big and fast profits, it can also bring prestige to the managers. The development of a franchise that is very fast on the ground is expected to raise questions whether the Francise system or franchise is in accordance with Islamic values? In the context of classical fiqh, the term franchise is not known. For this reason, it is necessary to discuss Islamic economic discourse with this franchise pattern, so that we can speak classically: "can take the bad and the bad" from the franchise system that was born from the west. Like clothing fashion that comes from abroad, it must be adapted to the provisions of the Shari'a, besides clothing is really fashionable and trendy, but the important thing must also be to close the genitals. For a Muslim, muamalah is worldly freedom, for which the perpetrator is given the freedom to develop and create according to the progress of the times. Even so, freedom in making rules in bermu'amalah can not get out of shari'ah values.


2020 ◽  
Author(s):  
Dedy Agung Prabowo ◽  
Ujang Juhardi ◽  
Bambang Agus Herlambang

Recently, Information technology develops rapidly. It is possible for us to get some informationquickly, properly and efficiently. The information technology also has many advantages fo r people. Theneed for information is increasing according to the need of its users. This proves that informationtechnology can make our job easier and it can help us to save our time particularly for the job thatrelated to information and data processin g. With the increasing use of computer technology today, italso brings up some problems. One of them is security and confidentiality problem which is animportant aspect in an information system. Data security is an important thing in maintaining theconf identiality of particular data that only can be known by those who have right. RC6 is a symmetrickey algorithm which encrypts 128 bit plaintext blocks to 128 bit ciphertext blocks. The encryptionprocess involves four operations which is the critical arit hmetic operation of this block cipher. As alegal state, Indonesia has issued a regulation in a form of laws governing information and electronictransaction or commonly referred to UU ITE. Besides, Islam is a religion that comprehensively givesthe guidan ce of life for people. Islam has provided guidance in the various fields ranging from social,politics, economics and various other fields.


2017 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Ramlani Lina Sinaulan

This paper discusses the effort Islamic Law norms in activities for overcoming pornography and porno-action on mass media. By using normative legal research, the result found that the concept of Islamic law, behave based on sharia, shows the importance of shaping the personality traits of Islam (syakhsiyya Islāmiyya) and based on the devotion and faith. Because of the relation to the formulation of the rule of law against pornography behavior, it can not be designed, prepared and formulated based on social values. Based on the facts of society, as a result of the moral decadence that led to a permissive attitude towards their cultural infiltration, the social values in assessing the behavior may become more permissive toward behavior. However, the use of religious norms which have universal properties will not change, and even capable of elastic with the times.


2021 ◽  
Vol 8 (2) ◽  
pp. 17-24
Author(s):  
Nanda Herijal Putra

This study examines about public administration in an Islamic perspective, studies on the system of government of Umar Bin Khattab. The administrative system was not implemented before Nabi Muhammad SAW moved to Medina, after Nabi Muhammad SAW moved from Mecca to Medina, reading and writing activities began to be carried out among the Muslims and to build a government based on Islamic law. The development of the administration was increasingly rapid during the Caliphate of Umar bin Khattab. This research is a type of library research with a research approach using qualitative research methods. Literature research is research that uses data collection techniques by reviewing books, literature, notes and various reports related to the problem to be studied. Public administration as a discipline that is dynamic in accordance with the times. In line with the times, public administration has changed for the better in accordance with the demands of an increasingly complex era. In the western perspective, public administration has experienced developments starting from the old public administration paradigm, new public management, to the new public service. In an Islamic perspective, administration is known as al-idara. Administration in Islam refers to the Qur'an and its interpretations as well as hadiths and syarahs. The sources of interpretation provide an explanation of the signs of the Qur'an whose position exceeds the general rules relating to the order of people's lives. In the context of public services, excellent service is a must and obligation for both the government and the state civil apparatus. Public services are carried out based on Islamic teachings, namely the services provided must be good, honest, quality and trustworthy.


2019 ◽  
Vol 1 (1) ◽  
pp. 30-44
Author(s):  
Efrita Norman ◽  
Idha Aisyah

Online buying and selling has become a preferred shopping alternative to the current 4.0 industrial revolution. However, the existence of online buying and selling is faced with various problems such as goods mismatches, defects in goods, and fraud, making enthusiasts enthusiastic to give an idea about sharia online buying and selling according to Islamic law based on a study of the views of online business people in the Bogor Pamijahan District community. Online buying and selling transactions can be via ATM or COD (Cash On Delivery). The most important thing in buying and selling online is the seller's credibility, quality, price of goods and transaction security. Sharia online buying and selling must also be taken into account so that the seller and buyer of the same fellow Muslims are not harmed and they are happy with each other nor it does violate the fiqh law muamalah in Islam. Islamic Law of Jurisprudence packs online buying and selling in sharia that is fulfilling harmony and terms of sale and purchase, agreement, ethics and principle of buying and selling. The specifications of the goods being traded must be clear and honestly described even if there is a defect in the goods to avoid garar. If the specifications of the item desired by the buyerare not even suitable, the online seller can confirm to the buyer to choose another specification or even cancel the transaction by transferring the payment to avoid fraud and increase customer satisfaction.


2018 ◽  
Vol 1 (2) ◽  
pp. 133
Author(s):  
Endang Sriani

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.


2018 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Murtadho Ridwan

<p><em>This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.</em><strong><em></em></strong></p>


2018 ◽  
Vol 20 (1) ◽  
Author(s):  
Muzayyin Muzayyin

Abstrak.One of the great thinkers in the contemporary era is Khaleed Abou El Fadl, a prominent public intellectual on Islamic law. Through his works, Speaking in The God’s Name: Islamic Law, Authority, and Woman, Abou El Fadl offers a frame of new methodology in the study of Islamic law by using a hermeneutics approach. Abou El-Fadl’s hermeneutics can be called the negotiated hermeneutics because the core of  his hermeneutics analysis is to negotiate the role of the text (al-Qur’an, hadits, and fatwa), author (Mufti, special agent), and reader (Islamic society, common agent) in determining the meaning of authoritative text. These three parties should be a balancing and negotiating progress in which that one party ought not to dominate the determination of meaning. Abou El Fadl’s hermeneutics theory embraces the idea of autonomous and open texts. Therefore, the interpretation of the text does not always focus on efforts to locate the author’s desired intent. Hence, He further argues that integrity of text being damaged, not dynamic, and be unable to perform  its functions in responding the challenges and demand of the global era due to the authoritarianism, or interpretative despotism by way of locking the will of the divine behind the text, its interpretation, or fatwa based on certain ideology as performed by those Mufti who speak in God’s name. in short, From above description emphasis the significance of Abou El Fadl’s hermeneutics in contemporary Islamic law studies is to stem the authoritarianism that has become  a common phenomenon in the contemporary era. This paper  using the critical-analysis of method to examines or look at critically Mufti in making various judicial decision and legal opinion (fatwa) in case of Permanent Council for Specific Research And Legal Opinion (CRLO)in Egypt and Indonesian Council of Ulama (MUI) in Indonesia that assessedreapmuchcontroversy and even rejections from part of Muslim community.Keywords:Islamic law, hermeneutics, authoritarianism, legal opinion, MUI Abstrak .Salah satu pemikir besar di era kontemporer adalah Khaleed Abou El Fadl , seorang intelektual publik terkemuka tentang hukum Islam. Melalui karyanya ,Speaking in The God’s Name: Islamic Law, Authority, and Woman, Abou El Fadl menawarkan kerangka metodologi baru dalam studi hukum Islam dengan menggunakan pendekatan hermeneutika . Hermeneutika Abou El Fadl disebut hermeneutika negosiasi karena inti dari analisis hermeneutikanya adalah menegosiasikan peran teks ( al-Qur'an , hadits , dan fatwa ), pengarang ( Mufti ,agen khusus), dan pembaca (masyarakat Islam,agen umum) dalam menentukan makna teks otoritatif .Ketiga pihak harus seimbang dan bernegosiasi di mana salah satu pihak tidak seharusnya mendominasi penentuan makna.Teori hermeneutika Abou El Fadl yang mencakup gagasan teks otonom dan terbuka sehingga penafsiran teks tidak selalu fokus pada upaya untuk mencari maksud penulis yang diinginkan . Oleh karena itu, Abou El-Fadl menyatakan bahwa integritas teks menjadi rusak, tidak dinamis , dan tidak dapat menjalankan fungsinya dalam merespon tantangan dan tuntutan era global karena otoritarianisme , atau penafsiran despotic dengan cara mengunci kehendak Tuhan di belakang teks, interpretasi, atau fatwa berdasarkan ideologi tertentu seperti yang dilakukan oleh mereka para Mufti yang mengatas namakan dirinya sebagai pembicara atas nama Tuhan. Singkatnya , dari uraian di atas pentingnya hermeneutika Abou El Fadl dalam studi hukum Islam kontemporer adalah untuk membendung otoritarianisme yang telah menjadi fenomena umum di era kontemporer. Makalah ini menggunakan metode kritis-analisis untuk menguji atau melihat secara kritis seorang Mufti dalam membuat berbagai keputusan hukum atau fatwa dalam kasus Indonesian Council of Ulama( MUI ) di Indonesia yang dinilai menuai banyak kontroversi dan bahkan beberapa penolakan dari sebagian masyarakat Muslim Kontemporer .Kata kunci :hermeneutika, hokum Islam, otoritarianisme, fatwa , MUI


Author(s):  
M Holis

Change is a necessity, which must be addressed by Islamic law in the form of ijtihad. However, it is in this condition that the attitude of taqlid arises which results in stagnation. This paper tries to find a comprehensive understanding of "taqlid and ijtihad" from a historical perspective or historical trajectory of Islamic legal thought. At the end of this paper, it was concluded that the stagnation of Islamic law was due to: (1) a wider territory of Islamic countries, (2) divisions in the Islamic government, (3) assumptions that Islamic Laws were firmly codified, and (4) the haphazard emergence of fatwa-giving groups. In response to this stagnation, the contemporary Muslim thinkers promote the re-actualization of Islamic teachings and the reinterpretation of existing nash in the hope that a more conclusive legal judgment can be obtained (able to answer the challenges of the times), to tacle with a variety of the emergence of actual problems that require legitimacy from Islamic law.


2020 ◽  
Vol 20 (2) ◽  
pp. 151-173
Author(s):  
Fauzul Hanif Noor Athief ◽  
Resti Hedi Juwanti

A divorce is indeed never expected to happen in a marriage. However once it happens, the important thing which must be taken into account is the consequence of the divorce where the issue pertinent to children’s livelihood is one of it. This study tried to probe into how Malaysia and Indonesia whose most of the population was Muslims adopted the Fiqh concept in terms of post-divorce children’s livelihood in their regulations. Since there  always be difference between theory and practice, the real implementation of the decisions will also be examined on the basis of legal norms. This study directly explores the laws and Court decisions for further assessment based on several indicators. It is found that the legislation and the Court decisions of the two countries had adopted the concept of Fiqh yet with a couple of particular notes. It is also found that there is a chance of providing livelihood for illegitimate children in the law and practice of both countries.


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