scholarly journals Gerakan Isis dan Ancaman Radikalisme Agama di Indonesia

2016 ◽  
Vol 32 (1) ◽  
pp. 31
Author(s):  
Fisher Zulkarnain ◽  
Tata Septayuda Purnama
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Islamic State ◽  
Muslim Community ◽  
Religious Ideology ◽  
Islamic Movement ◽  
Data Collecting ◽  
Muslim Majority

This article purposes to analyze the movement of Islamic State of Iraq and Syria (ISIS) and its influence in Indonesia. The concept of theocratic state, is often adapted by ISIS movement to create a country based on a caliphate system while treating the rigidity of Islamic law. This reseach employes correspondence with former activists of the radical Islamic movement and literature review as data collecting technique. The study finds out there some ideologies of ISIS movement. One of them is takfir (an infidel) others who disagrees with him and kills anyone who opposes religious ideology. Although ISIS is resistant from the Muslim majority, it still appeal tacit sympathy from jihadist groups in Indonesia. One evidence of the support in Indonesian Muslim community, can be viewed the access on the ISIS website until now.

Malaysia: Religious Pluralism and the Constitution in a Contested Polity

2012 ◽  
Vol 4 (2-3) ◽  
pp. 356-385 ◽  
Author(s):  
Andrew Harding
Keyword(s):  
Islamic Law ◽  
Religious Conversion ◽  
Common Law ◽  
Islamic State ◽  
Colonial Era ◽  
Federal Constitution ◽  
Highly Sensitive ◽  
Plural Society ◽  
Muslim Majority ◽  
Historical Developments

Malaysia has a classically plural society with a Malay/ Muslim majority and a legal system which, for historical reasons, is bifurcated between the common law and Islamic law. It also has a colonial-era federal constitution under which Islam is a state issue. Disputes concerning religion are both many and divisive. They are dealt with mainly in constitutional terms, especially in debates about the notion of an Islamic state, in light of Article 3 and the enshrinement of an official religion and in litigation. The latter is rendered complex by the separation of Islamic from common law jurisdiction in 1988, a fact that has given rise to highly sensitive and troubling litigation involving, especially, religious conversion in Lina Joy (2007). This article traces historical developments relating to religion and the law, and finds cause for some optimism that religious divides can be bridged by constitutional means, in light of recent judicial responses and evolving debates about the constitutional position of Islam.

The Case of a Christian Governor in Jakarta as a Sign of Times for Catholics (and Christians) in Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 135-142 ◽  
Author(s):  
Andang L Binawan
Keyword(s):  
The Political ◽  
Islamic State ◽  
Islamic Movement ◽  
Political Independence ◽  
Muslim Majority ◽  
The Right ◽  
Gubernatorial Election ◽  
Near Future

Blasphemy charges against Ahok (BasukiTjahajaPurnama), as he contested Jakarta’s gubernatorial election, turned into a test of how successful Islamic hardliners can be in exercising influence on the moderate Muslim majority. Ahok was the first Chinese Christian governor of Jakarta in the contemporary times enjoying immense popularity. His political rivals, who are a group of extreme Muslims, exploited religious sentiment to win the election. This governor election, then, seemingly became a battle between the moderate majority, who mostly support Ahok, and the hardliners, who are clearly outnumbered. This case points to the emergence of an iceberg appearing from the Islamic movement, some seventy years after the political independence of Indonesia. Though it does not indicate whether Indonesia will in the near future become an Islamic state, it is clear that the pendulum is swinging from the middle to the right. Responding to this recent development, minorities, especially Christians including Catholics, should redefine their place in Indonesia.

scholarly journals PEMIKIRAN PASCA ISLAMISME DALAM KONTEKS GERAKAN ISLAM DI MALAYSIA

2016 ◽  
Vol 3 (3) ◽  
Author(s):  
Wan Ahmad Fahmi
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Middle East ◽  
Islamic Law ◽  
Document Analysis ◽  
Political Islam ◽  
Islamic State ◽  
Islamic Movements ◽  
Islamic Movement ◽  
Islamist Movement

AbstractPost-Islamism is a new trend that emerged in the work of political Islam after the emergence of Islamism in line with the demands of the requirements democracy. Thus, most of the Islamic movements worldwide give different interpretations of the concept of the Islamic state, the issue of implementing Islamic law and cooperation between the non-Muslims. The development of this trend began to produce the Islamists who support opinionated approach to post-Islamism in political Islam, including among Islamic movements in the country. The objective of this study to analyze the elements of post-Islamism thought in the Islamic movement in Malaysia. This study is qualitative. The method of collecting data using document analysis of journals, articles, theses, books and works of scholars who talk about the development of post-Islamism and the Islamist movement worldwide. Meanwhile, data analysis using descriptive and historical approach through content analysis. The study concluded that not only Islamic movements in the Middle East and West Asia receive thinking Post-Islamism, but Islamic movements in Malaysia was also impressed with the development of post-Islamism.Keywords: Post-Islamism, Islamic Movement, Democracy  AbstrakPasca Islamisme merupakan trend baharu yang timbul dalam gerak kerja politik Islam. Kemunculan Pasca Islamisme selari dengan tuntutan memenuhi kehendak demokrasi. Justeru, kebanyakan gerakan Islam seluruh dunia mulai berbeza tafsiran terhadap konsep negara Islam, isu pelaksanaan undang-undang Islam dan kerjasama antara Non-Muslim. Perkembangan trend ini melahirkan golongan Islamis yang mulai berpendirian menyokong pendekatan Pasca Islamisme dalam arena politik Islam termasuk dalam kalangan gerakan Islam di Malaysia. Objektif kajian ialah menganalisis unsur-unsur pemikiran Pasca Islamisme dalam gerakan Islam di Malaysia. Kajian ini merupakan kajian kualitatif. Kaedah pengumpulan data menggunakan metode analisis dokumen terhadap jurnal, artikel, tesis, buku, dan karya sarjana yang membicarakan tentang Pasca Islamisme dan perkembangan gerakan Islam seluruh dunia. Analisis data pula menggunakan metode deskriptif dan metode sejarah menerusi analisis kandungan. Dapatan kajian merumuskan bahawa bukan sahaja gerakan Islam di Timur Tengah dan Asia Barat menerima pemikiran Pasca Islamisme, tetapi gerakan-gerakan Islam di Malaysia juga turut terkesan dengan perkembangan Pasca Islamisme.Kata Kunci: Pasca Islamisme; Gerakan Islam; Demokrasi

scholarly journals LIVING HADITH AS A SOCIAL CULTURAL PHENOMENON OF INDONESIA: A SYSTEMATIC REVIEW OF THE LITERATURE

2020 ◽  
Vol 7 (6) ◽  
pp. 1125-1133 ◽  
Author(s):  
Norsaleha Mohd. Salleh ◽  
Abur Hamdi Usman ◽  
Rosni Wazir ◽  
Farid Ravi Abdullah ◽  
Abu Zaki Ismail
Keyword(s):  
Systematic Review ◽  
Literature Review ◽  
Systematic Literature Review ◽  
Islamic Law ◽  
Review Of The Literature ◽  
Muslim Community ◽  
Cultural Phenomenon ◽  
Everyday Practices ◽  
New Discovery

Purpose of the study: This article intends to review the literature on living hadith issues as a social-cultural phenomenon of Indonesia. Methodology: For this article, Systematic Literature Review (SLR) has been used to discuss the data from documents based on the living hadith issues, such as books, journals, and other related materials which had been reviewed and referred to Hadith as the main source. Main Findings: This article found that living hadith is a religious phenomenon that is turned on by society. The phrase living hadith in Indonesia as a term that refers to the contextual practice of hadiths or sunnah that are spelled out of ijma and ijtihad which agreed upon in a Muslim community. In other words, living hadith is an understanding of the meaning of hadith that applied in everyday practices. Applications of this study: This article can be useful for humanity, especially for Muslims when the term of living hadith takes place in society in the form of practices based on the understanding of the hadith of Prophet Muhammad as a second source of Islamic law. Novelty/Originality of this study: The phrase of Living Hadith is not similar among the Muslim community in Malaysia, so it is a new discovery and should be enlightened.

Take Me to Khiva: Sharīʿa as Governance in the Oasis of Khorezm (19th–Early 20th Centuries)

2017 ◽  
Vol 24 (1-2) ◽  
pp. 20-60
Author(s):  
Paolo Sartori ◽  
Ulfatbek Abdurasulov
Keyword(s):  
Islamic Law ◽  
The State ◽  
Islamic State ◽  
Muslim Majority ◽  
Interpretive Model ◽  
Settlement Of Disputes ◽  
Shed Light

It is commonly held that the settlement of disputes in Muslim-majority areas depended on “judges” and “arbitrators” who settled disputes independently or facilitated reconciliation by means of mediation, either judicial or extra-judicial. In the resulting narrative, the state occupies only a marginal place, at best. In this essay, we contend that this narrative creates an artificial opposition between the Islamic state and sharīʿa, an opposition predicated on the reified notion of Islamic law as the exclusive preserve of Muslim legists (ʿulamāʾ), that is, a self-contained jurisprudence inaccessible to the uninitiated and to state officials. Materials from modern Khorezm call into question the application of this binary interpretive model and shed light on an Islamic juridical field in which Muslims brought their affairs to state officials because they had the power to coerce parties to achieve a settlement and enforce a decision, either formal or informal.


scholarly journals THEORETICAL REVIEW OF ISLAMIC LEGAL SOURCES ACCORDING TO THE MISREPRESENTATION THEORY OF HALLAQ

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Rahmat Budiman
Keyword(s):  
Islamic Law ◽  
Word Of God ◽  
Legal Decision ◽  
Muslim Community ◽  
Concrete Form ◽  
Depth Study ◽  
Muslim Majority ◽  
Legal Opinion

The existence of Islamic law from time to time in a Muslim community is believed to be the result of an in-depth study of the sources of Islamic law: the Qur’an (the Word of God), Hadith (sayings of the Prophet Muhammad), Ijtihad (the process of making a legal decision by independent interpretation of the legal sources, the Qur’an and the Sunnah), Qiyas (the deduction of legal prescriptions from the Qur’an or Sunnah by analogic reasoning), as well as Ijma (the result of the agreement of the Scholars). These sources of Islamic law were then poured into Usul al-Fiqh, which was then considered as a concrete form of Islamic law itself. This is reinforced by the classical teachings of orientalist Scholars who acknowledge that Islamic law is preserved in Usul al-Fiqh by great Scholars. However, this concept was challenged by Hallaq with a misrepresentation of his theory. He stated that Sharia can exist in society, not because of the role of Usul al-Fiqh but the role of the Fatwa (authoritative legal opinion), which is given by the Mufti and is applied by practitioners of Islamic law in Muslim-majority societies.

scholarly journals Kepedulian Muslim Perkotaan terhadap Kehalalan Makanan Produk Pengusaha Mikro Kecil (Kasus pada Masyarakat Muslim Minoritas di Kota Kupang, NTT)

2017 ◽  
Vol 1 (1) ◽  
pp. 111
Author(s):  
Dandung Budi Yuwono
Keyword(s):  
Small Business ◽  
Fast Food ◽  
Islamic Law ◽  
Research Result ◽  
Food Products ◽  
The State ◽  
Muslim Community ◽  
Muslim Majority ◽  
High Level ◽  
The City

As a country with a Muslim majority, it is not uncommon for the state to protect the Islamic community from consuming food, drugs and cosmetics that originate from non-halal substances and ingredients. In reality, the state has yet to provide certain guarantee regarding the halal status of a product in accordance to the Islamic law. There are still very few food products from the micro and small industries that posses and propose for halal certification. Micro and small entrepreneurs as of current remain unconcerned regarding the halal status of their products, despite the availability of assistance in the certification process. What about the case in which a minority Muslim community resides amidst a community of non-muslim majority with its local regulation and character in the city of Kupang? For that reason, this explorative research which employed a mixed-method approach will attempt to answer the following questions: (1) what are the concern of urban Muslim community in the city of Kupang regarding the halal status of micro/small business food products; and (2) what factors influence the concern of the Muslim community in the city of Kupang regarding the halal status of micro/small business food products. The objectives of this research are: (1) obtain an outlook on the concern of Muslim community in the city of Kupang regarding the halal status of micro/small business food products; (2) obtain understanding on actions undertaken based on the concern of Muslim community in the city of Kupang regarding the halal status of micro/small business food products; and (3) to identify the factors influencing the concern of Muslim community in the city of Kupang regarding the halal status of micro/small business food products.The research result shows a high concern of Muslim community in the city of Kupang regarding the halal status of micro/small business food products. It is proven that as much as 77% of respondents stated they always checked the halal label of packaged food, 48% of respondents stated that they always asked fast food vendors whether lard based oil is used, 86% of respondents said that they would speak fairly if they knew that a chicken vendor is selling meat that has gone bad, 97% of respondents said they refused to continue their purchase when entering a restaurant offering menu of chicken, goat, or beef that is processed side by side with pork, and as much as 88% of respondents stated that they would report a seller who mixes chicken or other meat with pork. The high level of concern demonstrated by the Muslim community in the city of Kupang is caused by a sociological factor, wherein being a minor community living in a community with differing religious norms has in fact triggered the community’s awareness in the importance of halal products.

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

NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA

2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro
Keyword(s):  
Significant Influence ◽  
Islamic Law ◽  
Muslim Community ◽  
Muslim Society ◽  
The Law

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.

Humanising the Dehumanised: Emotion and Being in the Violence of the Islamic State (IS): An Alternative Perspective

2019 ◽  
Vol 35 ◽  
Author(s):  
Quraysha Bibi Ismail Sooliman
Keyword(s):  
Foreign Policy ◽  
Human Agency ◽  
The State ◽  
Religious Violence ◽  
The Political ◽  
Islamic State ◽  
Religious Ideology ◽  
Alternative Perspective ◽  
Western Civilisation ◽  
Ongoing Project

This paper considers the effect of violence on the emotions of IS fighters and the resultant consequences of those emotions as a factor in their choice to use violence. By interrogating the human aspect of the fighters, I am focusing not on religion but on human agency as a factor in the violence. In this regard, this paper is about reorienting the question about the violence of IS not as “religious” violence but as a response to how these fighters perceive what is happening to them and their homeland. It is about politicising the political, about the violence of the state and its coalition of killing as opposed to a consistent effort to frame the violence into an explanation of “extremist religious ideology.” This shift in analysis is significant because of the increasing harm that is caused by the rise in Islamophobia where all Muslims are considered “radical” and are dehumanised. This is by no means a new project; rather it reflects the ongoing project of distortion of and animosity toward Islam, the suspension of ethics and the naturalisation of war. It is about an advocacy for war by hegemonic powers and (puppet regimes) states against racialised groups in the name of defending liberal values. Furthermore, the myth of religious violence has served to advance the goals of power which have been used in domestic and foreign policy to marginalise and dehumanise Muslims and to portray the violence of the secular state as a justified intervention in order to protect Western civilisation and the secular subject.

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