scholarly journals PENYELESAIAN SENGKETA WAKAF DI INDONESIA: Pendekatan Sejarah Sosial Hukum Islam

2012 ◽  
Vol 36 (1) ◽  
Author(s):  
Ibrahim Siregar

<p>Abstrak: Artikel ini berbicara tentang penyelesaian sengketa wakaf dalam sejarah hukum Islam. Permasalahan wakaf telah muncul di awal sejarah Islam. Sehubungan dengan sengketa tentang status harta sebagai wakaf telah muncul pada masa lalu  disebabkan oleh perubahan sosial; pergeseran nilai dan tatanan masyarakat, dan ditambah lagi dengan masalah bahwa tidak adanya bukti tertulis yang menyatakan bahwa status suatu harta sebagai objek wakaf. Pada tulisan ini dikemukakan kasus-kasus permasalahan sengketa wakaf yang terjadi pada awal periode Islam dan kasus-kasus kontemporer tentang sengketa perwakafan serta penyelesaiannya, yang terjadi di Indonesia pada beberapa dasawarsa yang lalu.</p><p><br />Abstract: The Settlement of Religious endowment (waqf) Dispute: A Socio-Historical Approach of Islamic law. This paper concentrates on the settlement of religious endowment (waqf) dispute in the perspective of Islamic law history. The disputes relating to waqf  has emerged since the early development of Islamic history. In regard with the conflict of the status of waqf property, the disputes have originated from the social change, the shift of values in the society, and the absence of written evidence of waqf property. This article will elaborate the cases of waqf disputes which occured in the early periods of Islam and the contemporery cases along with the settlement of the disputes taking place in Indonesia in the last few decades.</p><p><br />Kata Kunci: Hukum Islam, Hukum Perwakafan, Sejarah Sosial Hukum Islam<br /><br /></p>

2004 ◽  
Vol 21 (4) ◽  
pp. 131-133
Author(s):  
Mohammed Rustom

An Introduction to Islam by David Waines consists of three parts:“Foundations,” “Islamic Teaching and Practice,” and “Islam in the ModernWorld.” The author begins by characteristically painting the picture of pre-Islamic pagan Arabia on the eve of Islam’s advent. He discusses the role andsignificance the pre-Islamic Arabs accorded their pantheon of deities, as wellas the (largely inherited) moral codes that governed their conduct in tribalsociety. Waines neatly ties this into what follows, where he discusses thebirth of Prophet Muhammad, the event of the Qur’an’s revelation, and theopposition he encountered from his fellow tribesmen in Makkah. This is followedby an analysis of the Qur’an’s significance, its conception of divinity,and the content and importance of the Hadith as a source of guidance forMuslims. The section is rounded off with examinations of such topics as the first period of civil strife (fitnah) after the Prophet’s death and the interestingbody of literature devoted to Muslim-Christian polemics in earlymedieval Islam.The transition from the first part of the book to the second part is ratherfluid, for the second part is essentially an elaboration of the themes discussedin the first. With remarkable ease and accuracy, the author elucidatesthe historical development and main features of Islamic law in both its theoryand practice. Returning to his earlier discussion on the Hadith, here hebriefly outlines how its corpus came to be collected. Readers unfamiliar withthe main theological controversies that confronted Islam in its formativeyears (e.g., the problem of free will and the status of the grave sinner) willfind the section devoted to Islamic theology fairly useful.Waines goes on to explain some of the principle Mu`tazilite andAsh`arite doctrines, and outlines some of the ideas of Neoplatonic Islamicphilosophy, albeit through the lenses of al-Ghazali’s famous refutation.Surprisingly, the author does not address any of the major developments inIslamic philosophy post-Ibn Rushd, such as the important work of theIshraqi (Illuminationist) school (incidentally, the founder of this school,Shihab al-Din Suhrawardi, was a contemporary of Ibn Rushd). The last twochapters are devoted to Sufism and Shi`ism, respectively. Although Wainesdoes misrepresent Ibn al-`Arabi’s metaphysics of Being by calling it a “system”(pp. 153 and 192), on the whole he presents the Islamic mystical traditionin a refreshing and informed manner. His section on Shi`ism is splendid.It is written with considerable care, and he effectively isolates the mainthemes characteristic of Twelver Shi`ite thought and practice.In the third and longest part of this work, Waines incorporates IbnBattutah’s travel accounts into the book’s narrative. This works very well, asit gives readers a sense of the diverse and rich cultural patterns that wereintricately woven into the fabric of fourteenth-century Islamic civilization.After reading through the section, this present reviewer could not help butmarvel at how the observations of a fourteenth-century traveler and legaljudge from Tangiers could so effectively contribute to a twenty-first centuryintroductory textbook on Islam. Additionally, Waines takes readers throughsome of the essential features of the three important “gunpowder” Muslimdynasties, devotes an interesting discussion to the role played by the mosquein a Muslim’s daily life, and outlines some of its different architectural andartistic expressions throughout Islamic history ...


2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti

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.


Author(s):  
Seyfeddin Kara

The development of Shīʿi jurisprudence has mostly been studied from the perspective of its relation to political authority. A handful of works that have examined the subject from a purely legal perspective, neglected the influence of Muslim societies on the evolution of Shīʿi legal theory. The paper examines the development of Shīʿi jurisprudence from a legal perspective and argues that there is an intrinsic connection between Islamic law (both Sunni and Shiʿi laws) and Muslim societies. Therefore, the changing values and expectations of society prompt changes in Islamic rulings. In this sense, the evolution of Shīʿi legal theory is no different to Sunni legal theory, and there are striking similarities between Khomeini's theory of Wilāyat al-Faqīh and the Sunni legal notion of maṣlaḥa which both aim to respond to the exigencies of the social change.


2014 ◽  
Vol 64 (1) ◽  
pp. 337-352 ◽  
Author(s):  
Peter van Nuffelen

Galen's stories about his successes in predicting the development of an illness belong to the best-known anecdotes drawn from his writings. Brilliant pieces of self-presentation, they set Galen apart from his peers, who tried to cover up their ignorance by levelling accusations of magic and divination against their superior colleague. These accusations are usually interpreted as very real threats, as Roman law punished illicit magic and divination. Pointing out that Galen sometimes likes to present himself as amantisand a prophet, others have suggested that the accusations against Galen and his own self-presentation indicate that the border line between medicine and religion was still fluid. Both approaches correctly draw attention to the social reality that the accusations betray: they suggest that Galen belongs to a group of healers of dubious standing that populated the empire and thus show that medicine did not have a monopoly on healing. Yet such a socio-historical approach may not be sufficient. For one thing, both explanations have their limitations. Regarding the former, it can be said that Augustus' prohibition of divination aimed at controlling prediction about the emperor and one can doubt that a widespread clampdown of all forms of divination ever was intended. A possible objection to the second view is that throughout hisoeuvreGalen emphasizes his medicine as a rational undertaking, even as a science (epistêmê). If one takes his self-presentation as amantisto be more than metaphorical and to indicate the not yet fully crystallized identity of medicine as a separate scientific discipline, then Galen's usual way of understanding his own craft as a ‘science’ is in need of explanation. Besides such possible objections, a different set of questions still needs to be asked: why precisely were accusations of practising magic and divination levelled against Galen and why do they recur so frequently in his writings? Why divination and not, say, poisoning?


Author(s):  
Jennifer M. Morton

This chapter explores the need for strivers to think about their potential complicity within the social structures that make it hard for others who are disadvantaged to succeed. It argues that strivers are in a unique position to improve those social structures because of the skills and knowledge they acquire on the path upward. The field of philosophy tends to attract those who already have a privileged position in society. Consequently, much of the philosophical dialogue concerning justice centers around work written by White, privileged men, even though this is the population that has the least to lose by maintaining the status quo. The intellectual and creative energy that will drive social change will come from those who have the most to gain from the system changing.


2016 ◽  
Vol 6 (2) ◽  
pp. 53
Author(s):  
Amri P Sihotang ◽  
Doddy Kridasaksana ◽  
A.Heru Nuswanto

<p>Posisi perempuan di mata hukum saat ini belum mendapatkan tempat yang menguntungkan. Walaupun perempuan sudah mempunyai status sosial yang cukup mulia, tetapi mereka masih perlu mendapatkan pemahaman yang lebih tentang sosial, politik dan hukum.Keadaan ini juga sangat berpengaruh terhadap kaum perempuan yang menuntut pelepasan diri dari nilai-nilai hukum yang bersifat diskriminatif antara, peran, hak, dan kewenangan kaum lelaki dibanding dengan kaum perempuan. Mereka berpendapat bahwa hukum  itu tidak memberi peran hak dan derajat yang sama antara pria dengan perempuan dalam kehidupan, sosial budaya, politik,ekonomi dan juga dalam kehidupan rumah tangga serta harta perkawinan dan warisan.Berpijak dari yang telah diuraikan penelitian iniakan mengkaji bagaimanakah  Kedudukan Janda  Cerai Mati  pada masyarakat bagaimanakah Perlindungan HukumTerhadapKedudukanJanda  Cerai MatiMenurut Hukum Islam, Undang-Undang Perkawinan, danHukum Nasrani yang BerbasisNilaiKeadilan.TujuanPenelitianUntuk mengetahui bagaimana kedudukan Janda cerai mati pada Masyarakat danUntuk mengetahui bagaimana perlindungan hokum terhadap janda cerai mati menurut hukum Islam, Undang-Undang Perkawinan, danHukum Nasrani yang Berbasis Keadian.Metode pendekatan yang dipakai dalam penelitian ini adalah metode yuridis normatif. Kedudukan janda cerai mati disebagian masyarakat masih dipandang cenderung negatif. Budaya Patriarki yang dianut dalam masyarakat seakan mengakibatkan posisi janda ditempatkan dalam posisi rendah dibandingkan dengan mereka yang bersuami. Perlindungan hukum terhadap kedudukan janda memiliki konsep yang berbeda-beda.</p><p> </p><p>Position woman in the eyes of the previous law are currently favorable for Places Not to get. Although Women Already have Social Status Sufficient noble, but they Still Need to get a greater understanding of the social, political and singer hukum.Keadaan Also very influential Against Women Yang demanded the Company Company Yourself From Values That law is discriminatory BETWEEN, Role, rights, and authority of men compared to women. They argue that the role of the law WAS NOT Giving equal rights and degrees The man BETWEEN THE Women hearts of life, social, cultural, political, economic and domestic life hearts Also And Marriage And warisan.Berpijak treasure of which has been described iniakan study examines how the Status Widow Divorced dead ON 'community how divorce MatiMenurut HukumTerhadapKedudukanJanda Protection of Islamic Law, Marriage Law, Christian danHukum The BerbasisNilaiKeadilan.TujuanPenelitianUntuk know how to position ON society widow die divorce danUntuk know how legal protection against divorcee die * According to Islamic law, the Marriage Act, The Christian danHukum Keadian.Metode based Research approach The Singer Was used hearts normative method. Position divorcee die disebagian 'society is still seen tend to be negative. The patriarchal culture embraced hearts' As if society resulted POSITION POSITION hearts widow placed more low compared to those who get married. Legal protection against notch widow has different concept.</p>


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Azhari Akmal Tarigan ◽  
N. Nurhayati ◽  
M. Syukri Albani Nasution

North Sumatera Islam is often left out of Nusantara Islāmic studies. North Sumatera has not become a serious concern of the reviewers of the Islāmic history of the archipelago due to several things. First, North Sumatera Islam is understood as a continuation of Aceh Islam. Secondly, it could be that there is a suspicion that North Sumatera has been identified as a Christian territory from the beginning, although this argument is not strong. This study aims to find out about the communication between fellow scholars in developing science in North Sumatera. Then researchers will look at the role of educational institutions in the development of Islam in North Sumatera. The method used in this research is descriptive qualitative research, which aims to understand social problems, events, the role of interaction, and community groups. The qualitative approach is used by focusing on the social conditions surrounding the existence of the Ulama, who lived in his day, which became the basis in compiling the historical events of the ulama network in the development of Islam in North Sumatera in the XX century. The results of this study are; first, the scientific network among fellow North Sumatera scholars is very good; it shows from the shape of the education system. This can be seen in connection with his teachers in the Middle East. Secondly, the role of Islāmic boarding schools Musthafawiyah and Maktab  Islamiyah is very important, including as a producer of scholars in North Sumatera and a center for the study and development of Islamic Law studies in the midst of society.


2020 ◽  
Vol 9 (1) ◽  
pp. 118-129
Author(s):  
Mutiat Titilope Oladejo

This paper examined the tradition of holding women as concubine in Muslim societies of the Hausa. Concubine holding changed the status of women and was acquired by slavery. This paper analysed concubine holding as a phenomenon that challenged female status in Hausa society. It put into perspective, the trajectories of concubine holding from the legends in the tradition of origin. It analysed the rights and privileges accrued to a concubine. And by the beginning of the twentieth century, the question of concubine holding was conveniently desirable under Islamic law and while the British law attempted to change the practices as part of efforts to abolish slavery. Thus, the paper contended that; concubine holding was part of the accepted norms in the sexual notions, which specifically privileged women to change their status and negotiate power in Hausa society. The paper adopted the historical approach by analysing court records, archival materials of the Nigerian National Archives, Kaduna, as well as books and journals relevant to the theme. Keywords: Concubine holding, British law, Islamic law, Hausa society


2018 ◽  
Vol 15 (1) ◽  
pp. 1
Author(s):  
Titin Samsudin

Abstract The dynamism of Islamic law must have an effect on the process of social interaction. In vice versa, social status that absorbed through interaction between religion and society will have an implication to the social process. social change in society always demands changes in the law, so legal change can lead to social change. Sociologically, the society always changes. The change of a society can be influenced by the way of thinking and the value of existing in society. The more advanced the way of thinking of a society will be more open problematika that happened, The more problematic faced by society hence the settlement demand also getting harder. So it takes a serious effort in solving it. Thus the role of Islamic law in answering all issues that are increasingly growing in the social community is very urgent done. As an illustration and concrete and concrete form of the dynamic of Islamic law.  Abstrak Dinamisasi hukum Islam pastilah berpengaruh terhadap proses interaksi sosial. demikian pula sebaliknya status sosial yang terserap melalui interaksi antara agama dan masyarakat akan berimplikasi terhadap proses sosial. perubahan sosial dalam masyarakat selalu menuntut adanya perubahan hukum, demikian pula perubahan hukum dapat menimbulkan perubahan sosial. Secara sosiologis masyarakat senantiasa mengalami perubahan. Perubahan suatu masyarakat dapat dipengaruhi oleh polapikir dan tata nilai yang ada dalam masyarakat. Semakin maju cara berpikir suatu masyarakat maka akan semakin terbuka problematika yang terjadi, Semakin banyak problematika yang dihadapi oleh masyarakat maka tuntutan penyelesaiannya juga semakin berat. Sehingga membutuhkan upaya yang sungguh-sungguh dalam menyelesaikannya. Dengan demikian peranan hukum Islam dalam menjawab semua persoalan yang semakin hari semakin berkembang dalam sosial masyarakat sangatlah urgen dilakukan. Sebagai gambaran dan bentuk konkrit serta nyata dari dinamisnya hukum Islam.


2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Najam Haider

In his essay, Najam Haider calls for “more cohesive and integrated scholarly engagement with the pre-modern Islamicate world.” To that end, the author urges scholars to creatively engage and treat legal texts as valuable sources for understanding the social and political predicates of Islamic societies. For example, tracing the creation and migration of legal texts across regions can yield valuable insights into multiple ideas and ideologies across the pre-modern Islamic world, as a part of a larger intertextual world where scholars study all actors in Islamic history as interacting with, complementing, and arguing against one another.


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