scholarly journals Tradisi Sebagai Sumber Penalaran Hukum Islam (Studi Paradigma Ahli Sunnah Wal Jama’ah)

2017 ◽  
Vol 2 (1) ◽  
pp. 161
Author(s):  
Agus Hermanto

Abstract: "Tradition ('urf) as a Source of Islamic Law Reasoning; Study Paradigm Sunnah wal Jama'ah Experts in Developing Local Culture "One tradition ( 'urf) can be used as a source of Islamic law if it does not conflict with Personality', and not all traditions can be used as a source of Islamic law. Tradition itself is an activity that is repetitive, but does not violate the order of Shariah, the tradition is not sharia, but branches (furu ') in order to address or even develop Islamic teachings amaliyah (amaliy) or often called (bid’ah hasanah) .The ahlu sunnah wal jama'ah develop local culture such as tahlilan, yasinan, istighasah, tawashul or the like in the implementation of the (practice) there is no standard rules, but it is the implementation of more emphasis on reading tahlil (la ilaha ilallah), or yasinan namely reading yasin as the heart of a Qur'an, namely istighasah appeal help in Allah and not in others, and that is ihtiram tawashul to teachers as washilah in a prayer, and of course this is bid’ah hasanah not teaching out of Personality ' ,Keywords: Tradition, 'urf, Ahl Sunnah Wa al-Jama'ah

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
M Samson Fajar ◽  
Sabdo Sabdo

Abstract: Culture as a result of the free and dual human creative power of the natural world, it encompasses the material matters (Immaterial) and Maddi (material), real and unreal objects, Malmusah and Ghairu malmusah (palpable and untouched). Essentially, culture (Tsaqafah) is expressed as the product of human reason consisting of patterns, steady attitudes, thoughts, feelings, and reactions obtained and is primarily derived by symbols that make up its achievement independently of human groups. The nature of this Islamic responsiveness has been built by the Prophet (s) when prohibiting Khamr, forbidding the worship of idols and other shari'ah. How Rasulullah saw is very careful and gradual in doing da'wah, so achieved the success of da'wah in upholding Islamic creed and shari'ah at that time. Today many problems in the establishment of law and legislation, legislators are more concerned with intellectual subjectivity and importance than the objectivity of humanity to the benefit, resulting in policies that are not responsive to the needs of society. The author in this context tries to inventory the various local wisdom of the Muslim community in the archipelago that is relevant as an approach in establishing legislation based on local culture.Keywords: Local Culture, Legislation, Islamic Law Abstrak. Budaya merupakan hasil dari kreativitas manusiawi yang bebas dan alamiah, meliputi sisi immaterial dan materi, objek nyata dan tidak nyata, malmusah dan ghairu malmusah (gamblang dan tak tersentuh). Pada dasarnya, budaya (tsaqafah) merupakan produk akal manusia yang terdiri dari pola, kesantunan, pikiran, perasaan, dan reaksi yang diperoleh dan terutama berasal oleh simbol yang membentuk pencapaiannya secara mandiri dari kelompok manusia. Sifat dari respon Islam ini telah dibangun oleh Nabi (s) ketika melarang khamr, melarang penyembahan berhala dan syariah lainnya. Bagaimana Rasulullah melihat sangat hati-hati dan bertahap dalam melakukan dakwah, sehingga mencapai keberhasilan dakwah dalam menegakkan akidah Islam dan syari'ah pada waktu itu. Saat ini banyak masalah dalam pembentukan hukum dan undang-undang, di mana legislator lebih peduli dengan kepentingan subjektivitas intelektual daripada kepentingan objektivitas kemanusiaan, sehingga kebijakan yang lahir tidak responsif terhadap kebutuhan masyarakat. Penulis dalam konteks ini mencoba untuk menginventarisasi berbagai kearifan lokal komunitas Muslim di nusantara yang relevan sebagai pendekatan dalam menetapkan perundang-undangan berdasarkan budaya lokal.Kata Kunci: Budaya Lokal, Legislasi, Hukum Islam


Author(s):  
M Usman

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.


2018 ◽  
Vol 2 (3) ◽  
Author(s):  
Teuku Ahmad Yani

Managing broadcasting management is not easy. Managing the broadcasting business is a difficult and challenging. This research aims to analyze the activity of management and organizational performance ACEH TV television media in an effort to disseminate the Islamic Sharia and Preservation of Local Culture in Aceh. This research is descriptive qualitative. Informants of this research is managing director, program director, executive producer, cameraman / reporter, as well as additional informants Regional Chairman of the Indonesian Broadcasting Commission (KPID) Aceh, Aceh Province Department of Islamic Law, and local media observers. The location of this research is in Banda Aceh, Aceh province.Sampling was done purposively. Data collected through observation, interviews, and documentation. Data were analyzed by analysis of an interactive model of Miles and Huberman. The results showed that the ACEH TV as the medium of television that is broadcasting management ACEH have done according to a local television broadcasting standard. Agenda setting function of mass media performed in the ACEH TV dissemination of Islamic Shariah in Aceh and local culture to influence the people of Aceh to implement Islamic Sharia and also maintain the culture and local wisdom Aceh. It can be seen from all the programs that are aired ACEH TV is a program of local cultural nuances of Islamic law.There are still some shortcomings in running broadcasting broadcasting technology such as lack of equipment that is increasingly sophisticated. The results of image editing is very simple, and some programs presenter still looks stiff when in front of the camera. Keywords: Management of ACEH television,Islamic law,local culture Acehnese,agenda setting.


2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Nellis Mardhiah

Managing broadcasting management is not easy. Managing the broadcasting business is a difficult and challenging. This research aims to analyze the activity of management and organizational performance ACEH TV television media in an effort to disseminate the Islamic Sharia and Preservation of Local Culture in Aceh. This research is descriptive qualitative. Informants of this research is managing director, program director, executive producer, cameraman / reporter, as well as additional informants Regional Chairman of the Indonesian Broadcasting Commission (KPID) Aceh, Aceh Province Department of Islamic Law, and local media observers. The location of this research is in Banda Aceh, Aceh province.Sampling was done purposively. Data collected through observation, interviews, and documentation. Data were analyzed by analysis of an interactive model of Miles and Huberman. The results showed that the ACEH TV as the medium of television that is broadcasting management ACEH have done according to a local television broadcasting standard. Agenda setting function of mass media performed in the ACEH TV dissemination of Islamic Shariah in Aceh and local culture to influence the people of Aceh to implement Islamic Sharia and also maintain the culture and local wisdom Aceh. It can be seen from all the programs that are aired ACEH TV is a program of local cultural nuances of Islamic law.There are still some shortcomings in running broadcasting broadcasting technology such as lack of equipment that is increasingly sophisticated. The results of image editing is very simple, and some programs presenter still looks stiff when in front of the camera. Keywords: Management of ACEH television,Islamic law,local culture Acehnese,agenda setting.


Author(s):  
Faisal Bin Husen Ismail ◽  
Jasni Bin Sulong

A conducive environment is a comfortable situation, harmonious as well as friendly in the relationship between government and communities upon enforcement of law. Therefore, the administration and enforcement of law towards society have to take account public’s benefit, either from religion perspective, customary or local culture. The ignorance of those elements will bring regulation towards injustice and discrimination. For that reason, comfortable environment was taken into account during Caliph Omar al-Khattab who have procrastinated the enforcement of law (cutting hand for criminals) during drought period on the reason of unconducive period. It was a difficult phase of life which some communities living in needs and pitiable, and the situation is not appropriate to penalize them for stealing foods. However, scholars nowadays only discuss upon the matter in term of its influence to dismiss the application of Islamic law but not in term to comprehend the reality and concept of conducive environment in the application of Islamic criminal law. Therefore, the polemic of conducive environment took place without any yard stick of the situation that well elaborated. Hence, in order to overcome the conflict, this paper is at aim to clarify the notion as well as features of conducive environment from the perspective of shariah law. The paper will lay out the situation to become as a mechanism in measuring the readiness and ability in applying the fair law. The methodology of the study is in a qualitative means by reviewing historical notes by using content analysis upon the Prophets Era as well as the period of Khulafa’ al-Rashidin. The data will be compared to contemporary epoch in understanding the similarity as well as the difference. The finding of the study is very significant to justify the appropriateness in the application of Islamic criminal law nowadays, whether its meet the need of shariah (maqasid al-shariah) or vice versa.


2019 ◽  
Vol 3 (2) ◽  
pp. 106
Author(s):  
Anwar Sadat

<strong>Abstraks</strong>: <strong>Pemali </strong><strong>d</strong><strong>alam</strong> <strong>Perspektif</strong> <strong>Hukum Islam: Studi Fenomenologi di Masyarakat Patampanua Matakali Polewali Mandar</strong>. <em>Pemali</em> di tengah masyarakat menjadi kearifan lokal yang bisa mengarahkan subjek masyarakat dalam bersikap dan bertindak. Konstruksi ini sejatinya selaras dengan adanya hukum Islam yang ingin menjaga ketentraman dan kesejahteraan masyarakat. Oleh karenanya, riset ini memfokuskan pada konsep <em>pemali</em> yang ada di masyarakat suku Mandar di desa Patampanua kecamatan Matakali kabupaten Polewali Mandar dilihat dari sudut pandang hukum Islam. Dari fokus riset ini, pendekatan yang digunakan adalah kualitatif dengan jenis fenomenologi. Riset ini menemukan bahwa konstruksi <em>pemali</em> yang ada di masyarakat suku Mandar muncul disebabkan setidaknya tiga faktor utama, yaitu faktor lingkungan, psikologi dan faktor sosial. Konstruksi ini ketika dilihat dari perspektif hukum Islam memiliki kesesuaian visi untuk membangun masyarakat yang memiliki moralitas, sehingga subjek masyarakat melalui <em>pemali</em> senantiasa terjaga dari perilaku dan sikap yang destruktif.<br /><br /><strong>Kata Kunci</strong>: <em>Pemali</em>, Polewali Mandar, kearifan lokal, hukum Islam<br /><strong> </strong><br /><strong>Abstract</strong>: <em>Pemali</em> in the community has become a local culture that could engineer the community to behave and act. This construction is actually in harmony with the existence of laws that becomes as an avenue to maintain the peace and welfare of people. This research focuses on the concept of <em>pemali</em> in the Mandar tribe community in Patampanua village, Matakali sub-district, Polewali Mandar district from the perspective of Islamic law. From the focus of this research, the approach used is qualitative with phenomenology type. This research found that the existing <em>pemali</em> construction in the Mandar tribe community emerged due to at least three main factors, namely environmental, psychological, and social factors. This construction when viewed from the perspective of Islamic law has a concurring vision to build a society that has morality. So that the subject of society through <em>pemali</em> is always avoided by destructive behavior and attitudes.<br /> <br /><strong>Keywords</strong>: <em>Pemali</em>, Polewali Mandar, local wisdom, Islamic law


2017 ◽  
Vol 11 (2) ◽  
pp. 392-408
Author(s):  
Maimun Maimun

Islam Nusantara is a symbol of geographical religious tendencies representing Indonesian context. This term has become popular since 2015 by congress momentum of NU in Jombang, an organization of ulama’, who are really experts in the field of islamic religion. However this arise discourse creats variance responses between pro and contra as the excess of the concept that estimated as deviative concept from the guidance of Prophet Muhammad, namely Islamic tendency by Arabic character. Therefore it appears a desire to examine this controversial concept epistemologically with the expectation to find a holistic conceptual foothold either axiomatic or historical, through the study of literature. There are two problems representing this study; First, how is the basic epistemology of Islam Nusantara and its sociological implication? Second, how is the epistemology of Islam Nusantara in the view of islamic law (usul fiqh)?. Based on these problems, it can be found some conclusion; first, this concept is a product of thought of Nahdlatul Ulama’ (NU)  based on their struggle value, ASWAJA and the islamization movement conducted by walisongo in Java. The implication of this pattern is moderation, tolerance, and awareness of nations plurality tendency that allow ‘al-Islamu Salihun Likulli Zaman wa Makan’ becomes really true.  Secondly, by looking at the historical fact and the way of messenger propaganda supported by normative foundation al-Quran and hadith, something that we called as Islam Nusantara is not wrong concept coming out of Islam, moreover in Islam itself also known a building of Islamic law epistemology (‘urf) giving special space on local culture to be a law as long as does not digress from axiomatic Islamic text.


2018 ◽  
Vol 2 (3) ◽  
Author(s):  
Ade Nurudin

Managing broadcasting management is not easy. Managing the broadcasting business is a difficult and challenging. This research aims to analyze the activity of management and organizational performance ACEH TV television media in an effort to disseminate the Islamic Sharia and Preservation of Local Culture in Aceh. This research is descriptive qualitative. Informants of this research is managing director, program director, executive producer, cameraman / reporter, as well as additional informants Regional Chairman of the Indonesian Broadcasting Commission (KPID) Aceh, Aceh Province Department of Islamic Law, and local media observers. The location of this research is in Banda Aceh, Aceh province.Sampling was done purposively. Data collected through observation, interviews, and documentation. Data were analyzed by analysis of an interactive model of Miles and Huberman. The results showed that the ACEH TV as the medium of television that is broadcasting management ACEH have done according to a local television broadcasting standard. Agenda setting function of mass media performed in the ACEH TV dissemination of Islamic Shariah in Aceh and local culture to influence the people of Aceh to implement Islamic Sharia and also maintain the culture and local wisdom Aceh. It can be seen from all the programs that are aired ACEH TV is a program of local cultural nuances of Islamic law.There are still some shortcomings in running broadcasting broadcasting technology such as lack of equipment that is increasingly sophisticated. The results of image editing is very simple, and some programs presenter still looks stiff when in front of the camera. Keywords: Management of ACEH television,Islamic law,local culture Acehnese,agenda setting.


2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Rahma Hidayati ◽  
Andi Sayumitra

Managing broadcasting management is not easy. Managing the broadcasting business is a difficult and challenging. This research aims to analyze the activity of management and organizational performance ACEH TV television media in an effort to disseminate the Islamic Sharia and Preservation of Local Culture in Aceh. This research is descriptive qualitative. Informants of this research is managing director, program director, executive producer, cameraman / reporter, as well as additional informants Regional Chairman of the Indonesian Broadcasting Commission (KPID) Aceh, Aceh Province Department of Islamic Law, and local media observers. The location of this research is in Banda Aceh, Aceh province.Sampling was done purposively. Data collected through observation, interviews, and documentation. Data were analyzed by analysis of an interactive model of Miles and Huberman. The results showed that the ACEH TV as the medium of television that is broadcasting management ACEH have done according to a local television broadcasting standard. Agenda setting function of mass media performed in the ACEH TV dissemination of Islamic Shariah in Aceh and local culture to influence the people of Aceh to implement Islamic Sharia and also maintain the culture and local wisdom Aceh. It can be seen from all the programs that are aired ACEH TV is a program of local cultural nuances of Islamic law.There are still some shortcomings in running broadcasting broadcasting technology such as lack of equipment that is increasingly sophisticated. The results of image editing is very simple, and some programs presenter still looks stiff when in front of the camera. Keywords: Management of ACEH television,Islamic law,local culture Acehnese,agenda setting.


Author(s):  
Iim Fahimah

Culture is a set of human knowledge that is used as a guide or to interpret the overall human actions. Culture is also a guideline for people's lives which is believed to be true by the community. As a pattern for action, culture contains a set of knowledge possessed by humans as social beings, whose contents are devices, models of knowledge that are selectively used to understand and interpret the environment faced and to encourage and create necessary actions. Whereas as a pattern of action, culture is what happens in the daily lives of people based on guidelines believed to be true. Furthermore, in order to ground Islam to society so that the concept of Islamic law becomes a handle in interacting, accommodating local culture in Islamic law is a must. Acceptance of f urf as one of the arguments in establishing Islamic law provides an opportunity for the dynamics of Islamic law. Because many problems are not accommodated in the method of qiyas, istihsan, mashlahah mursalah and others, can be accommodated by ‘urf (local culture). Scholars accommodate local culture which in some ways is difficult to deny its need for that culture


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