IJTIHAD DAN PROBLEMATIKA KEKINIAN

Abstract: The study of Islamic law and various global challenges requires a solutive method of ijtihad to solve contemporary issues today. In addition, social dynamics relating to the development of information technology and the spread of culture are in need of ijitihad in Islamic law. Yusuf Al-Qardawi has done a lot of contemporary ijithad as stated in this paper and how it could be addressed by Muslims in any part of the world, including Indonesia. The double movement theory of Fazlul Rahman has also taken part in giving an offer as a renewal of Islamic law over contextual legal issues without denying the basis of the primary sources of Islamic law, namely the Qur'an and Sunnah. The ijtihad method takes place through the historical criticism of norms at primary sources based on space and time and socio-cultural background. All this aims to capture the universality of the holy message contained in the primary sources. The value of universality is in the form of humanity, freedom (al-hurriyah), justice (al-adalah), and equality (al-musawah). This is relevant in the context of contemporary space and time especially in keeping up with the information industry era. This paper asserts the flexibility of the law based on sharia to provide solutions to the any emerging problems. Therefore, the teaching of legal methodology not only teaches the so-called ushul al-fiqh but also teaches the concepts that are relevant to the current social political situation and conditions.Keywords: Ijtihad, current issues, Islamic law

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AYAT AL-QUR’AN DAN HADIS NABI TENTANG PRINSIP PENYAMPAIAN PELAJARAN SESUAI KEMAMPUAN SISWA

JURNAL PENELITIAN ◽

10.21043/jupe.v10i1.867 ◽

2016 ◽

Vol 10 (1) ◽

Author(s):

AAT HIDAYAT

Keyword(s):

Social Interaction ◽

Personality Development ◽

Educational Values ◽

Moral Ideal ◽

Student Centered ◽

Historical Criticism ◽

Student Centered Learning ◽

Movement Theory ◽

Double Movement ◽

Contextual Meaning

AbstractAl-QUR’AN VERSES AND PROPHET HADITH OF DELIVERING LESSON PRINCIPLE IN ACCORDANCE WITH STUDENTS’ ABILITY. Student-Centered Learning (SCL) approach appears to make the learning implementation with conducive fun atmosphere, and students centered. In the SCL approach, the teacher gives many attentions in involvement, initiative, and student social interaction in classroom. One of the principle in SCL approach is teacher delivers the lessons in accordance with students’ ability. By using Fazlur Rahman double movement theory to analyze the Qur’an verses and historical criticism, eidetic criticism, and pratical criticism of Hassan Hanafi to analyze the prophet hadith, this study aims to reveal the moral ideal of Qur’an and prophet hadith about delivering lesson principle in accordance with students’ ability as well as determining the contextual meaning for life recently. There are 21 Qur’an verses which contains the basic idea of delivering lesson principle in accordance with students’ ability and there are 11 Hadiths which contains delivering lesson principle in accordance with students’ ability. The verse and hadith show the necessity principles to put human in accordance with his position and necessity to talk with them in accordance with his ability, and completed with practical examples from the Prophet. The implementation of educational values in some Qur’an verses and Prophet hadith is able to make the learning more empower the students’ potential and influence on student personality development. Keywords: Student-Centered Learning, Learning, Students’ Ability. AbstrakPendekatan Student-Centered Learning (SCL) muncul untuk mewujudkan terlaksananya pembelajaran dengan suasana yang kondusif, menyenangkan, dan berpusat pada siswa. Dalam pendekatan SCL, guru banyak memberikan perhatian pada keterlibatan, inisiatif, dan interaksi sosial siswa di kelas. Salah satu prinsip yang ada dalam pendekatan SCL adalah guru menyampaikan pelajaran sesuai kemampuan siswa. Dengan menggunakan teori double movement Fazlur Rahman untuk menganalisis ayat Al-Qur’an serta kritik historis, kritik eidetis, dan kritik praksis Hassan Hanafi untuk menganalisis hadis Nabi, tulisan ini bermaksud mengungkap ideal moral ayat Al-Qur’an dan hadis Nabi tentang prinsip penyampaian pelajaran sesuai kemampuan siswa serta menentukan makna kontekstualnya bagi kehidupan saat ini. Ada 21 ayat Al-Qur’an yang mengandung ide dasar prinsip penyampaian pelajaran sesuai kemampuan siswa dan ada 11 hadis yang mengandung prinsip penyampaian pelajaran sesuai kemampuan siswa. Ayat dan hadis tersebut menampilkan prinsip keharusan menempatkan manusia sesuai kedudukannya serta kemestian berbicara dengan mereka sesuai dengan kemampuannya, juga disertai contoh praksis dari Rasulullah saw. Implementasi nilai-nilai edukatif dalam beberapa ayat Al-Qur’an dan hadis Nabi ini mampu mewujudkan pembelajaran yang lebih memberdayakan potensi anak didik serta berpengaruh pada pengembangan kepribadian siswa. Kata Kunci: Student-Centered Learning, Pembelajaran, Kemampuan Siswa.

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Fazlur Rahman's Double Movement and It's Contribution to the Development of Religious Moderation

IJISH (International Journal of Islamic Studies and Humanities) ◽

10.26555/ijish.v4i1.2667 ◽

2021 ◽

Vol 4 (1) ◽

pp. 52-72

Author(s):

Muhammad Yusuf ◽

Nahdhiyah Nahdhiyah ◽

Anwar Sadat

Keyword(s):

Historical Context ◽

Data Sources ◽

Clear Picture ◽

Movement Theory ◽

Space And Time ◽

Legal Thought ◽

Library Research ◽

Alternative Approach ◽

Double Movement ◽

Contemporary Reality

The essential consideration is whether hermeneutics as an alternative approach can provide a dialogue between the texts and reality. This is library research, in which the data sources obtained through various written works, both in the form of books and journals. The study is descriptive qualitative that provides a clear picture and systematic about the methodology of Islamic legal thought Fazlur Rahman understandings.Â To synchronize his background with interpretations, then used a normative theological approach, namely an approach that emphasizes form religious symbols originating from the Quran and sunnah text. The double movement hermeneutic theory is his effort in dialoguing between text and context. He appreciates history and adapts developments in every space and time. He tried to do a two-way movement. First, moving from the context of reality to the historical context of texts. Second, moving from the context of historical facts to the context of contemporary reality. Errors in interpreting text often occur due to the separation between the text from its context. In these circumstances, the double movement theory finds its relevance in making the Quran capable of dialogue with every dynamic that occurs. In this way, the text is always alive and as if it was revealed at this time. It contributes to the development of a paradigm of religious moderation. The double movement has strong historical roots in the science of the Quran, including asbab al-nuzul, makkiyah-madaniyah, and nasikh-mansukh.

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Islamic Shari'a Configuration of Buka Luwur Tradition in Kudus

QIJIS (Qudus International Journal of Islamic Studies) ◽

10.21043/qijis.v8i1.7999 ◽

2020 ◽

Vol 8 (1) ◽

pp. 201

Author(s):

M. Mundakir ◽

Aat Hidayat

Keyword(s):

Local Community ◽

Islamic Law ◽

Social Solidarity ◽

Font Size ◽

Movement Theory ◽

Double Movement ◽

Plural Society ◽

Islamic Values

Buka Luwur combines Islamic law teaching and Javanese tradition. As an empirical religious phenomenon, its events have meaning and symbol that overlaps the local community traditions with the adopted Islamic Shari’a implementation. However, formalist and rational religious understandings view Buka Luwur tradition as a bid’ah, with no basis in Islamic law. Using grounded research models and Fazlur Rahman’s double movement theory, this article portraits noumena from a series of Buka Luwur traditional rituals. It describes the configuration of the Islamic Shari’a implementation in the tradition. The community believes that the tradition symbolizes love for guardians by hoping for a blessing on work and remembering their struggle in preaching Islamic values. Also, the Buka Luwur tradition’s implementation is a symbol of social solidarity that needs to be appreciated in a plural society. It is a form of harmony and cooperation in holding ceremonies and rituals among believers. The results show that Buka Luwur events’ symbolizes a blessing for prayer to be quickly answered, refuse calamity, teach tolerance values preached and practiced by Sunan Kudus, and solidarity in helping one another. The configuration and internalization of Islamic law in the Javanese tradition are found in the election on the 10th of Muharam, as the top of the Buka Luwur rituals series. Furthermore, the configuration of Islamic law in that tradition is found in the teaching of respecting ancestors. Indonesias embrace the religious characteristics of traditional and Sufistic Islam. This facilitates interaction, internalization, and configuration of the Islamic Shari’a teachings with Javanese people’s traditions and culture, especially the Kudus community.

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PARADIGMA HUKUM ISLAM TEOANTROPOSENTRIS: TELAAH PARADIGMATIS PEMIKIRAN FAZLUR RAHMAN DAN ABDULLAH SAEED

Kodifikasia ◽

10.21154/kodifikasia.v13i1.1679 ◽

2019 ◽

Vol 13 (1) ◽

pp. 33

Author(s):

Abid Rohmanu

Keyword(s):

Islamic Law ◽

Thomas Kuhn ◽

Analysis Tool ◽

Logic Of Discovery ◽

Movement Theory ◽

Contextual Theory ◽

Hans Küng ◽

A Value ◽

Double Movement ◽

Theological Vision

Penelitian ini ingin melihat bagaimana paradigma dan teori penafsiran hukum Fazlur Rahman dan Abdullah Saeed. Teori penafsiran Rahman (double movement) dan Saeed (teori kontekstual), penulis hipotesakan mempunyai sandaran paradigmatis yang mapan. Dalam konteks inilah, tulisan ini juga ingin menelisik bagaimana relasi paradigma dan teori penafsiran hukum mereka berdua. Hal ini penting karena telah terjadi krisis paradigmatis dalam studi hukum Islam, yakni terpisahnya wacana teologi sebagai basis paradigmatis hukum dengan wacana hukum Islam itu sendiri. Tulisan ini berbentuk kajian pustaka terhadap pemikiran Rahman dan Saeed. Sebagai alat analisis, penulis memakai teori paradigma sebagaimana digagas oleh Thomas Kuhn dan yang dikembangkan oleh pemikir lain semisal Kuntowijoyo dan Hans Kung. Tulisan ini menyimpulkan, pertama, paradigma Rahman dan Saeed berporos pada visi teologis yang telah bergeser dari teosentris atau antroposentris ke teoantroposentris. Pergeseran visi teologis tersebut adalah dari keimanan tauhidi yang abstrak ke yang fungsional, dari keadilan formal ke keadilan yang substantif, dari peran akal sebagai the logic of justivication and repetition ke the logic of discovery, dari keterbelengguan manusia (fatalisme) ke kebebasan (freedom). Kedua, konsisten dengan paradigma di atas, Rahman dan Saeed merumuskan teori double movement (gerakan ganda) dan teori kontekstual. Teori kontekstual Saeed adalah pengembangan lebih lanjut dari teori gerakan ganda Rahman. Saeed memperjelas bentuk teori gerakan ganda dan merumuskan hirarki nilai. karena itu penulis mensintesakan teori keduanya sebagai penalaran reflektif hukum berbasis nilai maqa>s}id. This study wants to see how the paradigm and the theory of law interpretation of Fazlur Rahman and Abdullah Saeed. The theory of Rahman (double movement) and Saeed's interpretation (contextual theory), the hypothesis writer has an established paradigmatic backrest. In this context, this paper also wants to explore how the relations of paradigms and the theory of legal interpretation both of them. This is important because there has been a paradigmatic crisis in the study of Islamic law, namely the separation of theological discourse as a paradigmatic basis of law with the discourse of Islamic law it self. This paper takes the form of a literature study of the thoughts of Rahman and Saeed. As an analysis tool, the author uses paradigm theory as initiated by Thomas Kuhn and developed by other thinkers such as Kuntowijoyo and Hans Kung. This paper concludes, first, that the paradigm of Rahman and Saeed pivots on the theological vision that has shifted from theocentric or anthropocentric to theoanthropocentric. The theological vision shift is from the tauhidi faith which is abstract to the functional, from formal justice to substantive justice, from the role of reason as the logic of justification and repetition to the logic of discovery, from human reluctance (fatalism) to freedom. Second, consistent with the paradigm above, Rahman and Saeed formulated the theory of double movement and contextual theory. Saeed's contextual theory is a further development of Rahman's double movement theory. Saeed clarified the form of double movement theory and formulated a value hierarchy. Therefore the author synthesizes the second theory as a value-based legal reflective reasoning.

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SENTRALISASI ISLAM MARJINAL

Khazanah : Jurnal Sejarah dan Kebudayaan Islam ◽

10.15548/khazanah.v0i0.55 ◽

2017 ◽

pp. 83-112

Author(s):

Lukmanul Hakim

Keyword(s):

Primary Sources ◽

Historical Criticism ◽

Islamic History ◽

Ibn Khaldun ◽

Historical Method ◽

The Third ◽

Work First

This paper aims to analyze the thoughts of Hamka in Malay Islamic Nysties Historiography. The method used is historical method, especially historiography approach. Characteristic of Hamka's work; First, writing techniques; Not using footnotes, style of language; Simple, alive, and communicative. The sources used by Hamka can be grouped into three groups; Primary sources, historical books composed by Muslim authors themselves; Second, the second source of material is the Dutch and British writers' writings on Indonesia and the Malay Land; Third, the third source of material materials that allegedly most of the writers of Islamic history in Indonesia did not get it. While from the Method of Historical Criticism, according to Hamka there are two ways to write history among Muslims; First collecting all the facts wherever it comes from, no matter whether the facts make sense or not, what needs to be taken care of is where this history is received. Second, judging the facts and giving their own opinions, after the facts were collected, this is the system used by Ibn Khaldun.

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Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam

Asy-Syari’ah : Jurnal Hukum Islam ◽

10.36835/assyariah.v4i1.102 ◽

2018 ◽

Vol 4 (1) ◽

pp. 63-76

Author(s):

Salamah Eka Susanti

Keyword(s):

Social Change ◽

Social System ◽

Social Dynamics ◽

Islamic Law ◽

Social Changes ◽

Cultural Objects ◽

The Road ◽

The Social ◽

Rapid Changes ◽

The Law

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.

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BPOM JAMBI MONITORING SYSTEM AGAINST CIRCULATION OF FOOD PRODUCTS WITHOUT CIRCULAR PERMITS IN JAMBI CITY REVIEW ACCORDING TO ISLAMIC LAW

International Journal of Research -GRANTHAALAYAH ◽

10.29121/granthaalayah.v7.i7.2019.776 ◽

2019 ◽

Vol 7 (7) ◽

pp. 343-350

Author(s):

Siti Marlina

Keyword(s):

Traditional Medicine ◽

Monitoring System ◽

Islamic Law ◽

Human Life ◽

Food Products ◽

Crime Rates ◽

Quality Requirements ◽

Space And Time ◽

Political Conditions ◽

The Government

Crime is a phenomenon of human life and society, therefore it cannot be released from space and time. The rise and fall of crime rates depends on the circumstances of the community, political conditions, economy, culture and so forth. Based on the results of research at the Jambi BPOM, the problem of crime and violations is a phenomenon that cannot be implemented in people's lives. However, not all people obey the regulations made by the government, many cases of violation of food products without marketing licenses have been successfully disclosed, for information, in 2013 to 2015, a number of 19 cases of drug circulation, cosmetics, traditional medicine and health supplements, food, which does not meet security, benefits, and quality requirements with a nominal value of Rp. 423,769,000 including: 10 cases in the field of medicine, 2 cases in the field, 5 cases in the field of cosmetics and 2 cases in the field of food. successfully revealed and has been submitted to court.

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The Muqaddam Represented in the pre-Mongol Persian Documents from Ghur

Afghanistan ◽

10.3366/afg.2021.0074 ◽

2021 ◽

Vol 4 (2) ◽

pp. 91-113

Author(s):

Said Reza Husseini

Keyword(s):

Islamic Law ◽

Primary Sources ◽

Persian Literature ◽

Tax Collection ◽

The Village

This paper addresses the Muqaddam, or the village headman, the relevant fiscal department, and the process of tax collection as represented in pre-Mongol Persian documents found recently in the Ghur region in present day Afghanistan. It argues that “Muqaddam” was the title used for a village notable associated with the fiscal department called the Diwān al-Ikhtiyārī. The Muqaddam collected the ʿushr, or the state's shares of harvests as prescribed under Islamic law. The tax is collected only in the presence of the Muʿtamid, who is the Diwān's trusted agent. Tax collection followed the Diwān's issuance of an edict termed ḥukm-i tafṣīl, which detailed the instructions given to the Muqaddam. The analysis in this article highlights the Ghurid aspect of the Muqaddam's role, which was previously unknown. This is due in part to the scarcity of primary sources about his roles; in part because the Muqaddam mentioned in the medieval north Indian Persian literature overshadowed discussion on the Muqaddam. By analysing the Ghurid documents, this paper thus argues “Muqaddam” was a term specifically used in the Ghur region in a particular agricultural context.

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Islamic bioethics of pain medication: an effective response to mercy argument

Bangladesh Journal of Bioethics ◽

10.3329/bioethics.v3i2.11700 ◽

2012 ◽

Vol 3 (2) ◽

pp. 4-15 ◽

Cited By ~ 1

Author(s):

Mohammad Manzoor Malik

Keyword(s):

Islamic Law ◽

Pain Medication ◽

Primary Sources ◽

Active Euthanasia ◽

Effective Response ◽

Islamic Bioethics ◽

Ethical Position ◽

Law And Ethics ◽

General Guidance

Pain medication is one of the responses to the mercy argument that utilitarian ethicists use for justifying active euthanasia on the grounds of prevention of cruelty and appeal to beneficence. The researcher reinforces the significance of pain medication in meeting this challenge and considers it the most preferred response among various other responses. It is because of its realism and effectiveness. In exploring the mechanism and considerations related to pain medication, the researcher briefly touches the Catholic ethical position on the issue, a position that cannot be ignored in the development of contemporary bioethics. The researcher particularly deliberates on the contemporary Islamic discourse on the issue; by furthering the debate in line with the Islamic legal maxims and general guidance from the primary sources of Islamic law and ethics. The resolution on the issue is sought by synthesizing the views and legal maxims (al-Qawaid al-Fiqhiyyah) on the issue, which in conclusion provide justification for pain medication by considerably regarding pain as necessity and pressing need. However, such resolution allows pain medication to the limit and proportion that removes the pain and prohibits overdosing the patient with medication that may directly cause the death.DOI: http://dx.doi.org/10.3329/bioethics.v3i2.11700 Bangladesh Journal of Bioethics 2012; 3(2):4-15

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BUILDING THE TRANSFORMATIVE ISLAMIC CIVILIZATION REASERCH ON GAIT OF K.H. M.A. SAHAL MAHFUDH

ADDIN ◽

10.21043/addin.v11i1.1999 ◽

2017 ◽

Vol 11 (1) ◽

pp. 181

Author(s):

Jamal Ma'mur

Keyword(s):

Islamic Law ◽

Boarding School ◽

Primary Sources ◽

Quality Of Education ◽

Muslim Community ◽

Historical Evidence ◽

Community Buildings ◽

Islamic Civilization ◽

The Mind

Historical evidence shows that K.H. M.A. Sahal Mahfudh is building the transformative Islamic civilization towards g a prosperous, fair, and progressive Muslim community buildings. Kiai Sahal Mahfudh encourages Muslims to be the best people able to provide profusely expediency to others. According to Kiai Sahal Mahfudh, the best people are productive people, the man who is sensitive to the needs of the environment, controlling information, having organizational competence and high creativity, so that they can create jobs and grow the economy comprehensive insight. For these ideals, the aspect of education, health, and the economy must be developed maximally. These three fields are interrelated and inseparable. Transformative Islamic civilization championed by Kiai Sahal Mahfudh is relevant to maqasidus sharia theory, that is the Islamic law which purposes to keep religion, keep the soul, keep the property, keep the mind and keep the offspring. Kiai Sahal Mahfudh struggle in improving the quality of education in boarding school and university Maslakul Huda, Islamic Mathaliul Falah Kajen in order to keep religion and reason. Economic empowerment in BPPM and BPR Artha Huda Abadi in order to keep the property. While the struggle of Kiai Sahal Mahfudh in establishing Islamic Hospital Pati in order to preserve life and heredity. This study is a qualitative research with the primary sources of Kiai Sahal Mahfudh works. The result of this study is analyzed by the theory of maqasid asy-syari‘ah.

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