scholarly journals ANALISIS PEMIKIRAN MUSDAH MULIA TENTANG WALI NIKAH DAN RELEVANSINYA TERHADAP PEMBARUAN HUKUM KELUARGA DI INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 52
Author(s):  
Siti Hafshah Syahanti ◽  
Arsal Arsal ◽  
Edi Rosman
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Social Benefit ◽  
Legal Regulation ◽  
Substantial Portion ◽  
The People ◽  
Islamic Thought ◽  
Muslim Intellectuals ◽  
The Law ◽  
Legal Condition

<p><em>The discussion of marriage guardian is one of the pillars that must exist in a marriage, illegitimate marriage without the presence of a guardian. The Compilation of Islamic Law (KHI) as the law governing Muslim marriages in Indonesia requires guardians as a legal condition of marriage (articles 14 and 19). However, on the other hand, one of the Muslim intellectuals, Siti Musdah Mulia, stated an opposing idea, that guardians are not included in the pillars of marriage. The results showed that the Musdah Mulia thinking generally led to the typology of liberal Islamic thought. Specifically on the issue of the absence of guardians in marriage, Musdah's opinions are not too contrary to the text; Musdah's attention to gender places a substantial portion in establishing the law; and the Musdah idea is not only channeled in the form of thought alone but also poured into the form of a legal regulation draft (CLD-KHI) so that the law applies comprehensively and can be applied clearly and can achieve justice and social benefit in the midst of the people. Then based on this, a specific typology of Musdah Mulia's thought was obtained about the absence of guardians in the marriage harmony leading to progressive Islamic thought. And Musdah Mulia's ideas about the lack of marriage guardians have sufficient relevance to the renewal of Islamic family law in Indonesia.</em></p>

scholarly journals Implementasi Hukum Islam terhadap Jual Beli Garam Di Sumenep

2018 ◽  
Vol 2 (1) ◽  
pp. 13-22
Author(s):  
Hali Makki
Keyword(s):  
Islamic Law ◽  
The People ◽  
The Law

Buying and selling is an activity that existed since immemorial time to the human, both Islamic and non-Islamic, buying and selling has a very binding law, and can be used as a foothold against the people who done agreemnet buying and selling. Something that we need to be considered and understand by sellers and buyers is to see the terms and pillar, as for the law that will be used as a reference that includes one aspect of them: Islamic law are a requirement and rukun buying and selling existing in the goods. The practice of buying and selling of salt at Alasmalang Village, Ra'as Sub-District of Sumenep Regency is valid because it is in accordance with the rules of sale and legal of Islam.

Government Supervision In Overcoming Problems Drinking Tuak At The Gunung Meriah Aceh

2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Ordinary People ◽  
The People ◽  
Government Supervision ◽  
The Law ◽  
The Government ◽  
Depth Interviews

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>

scholarly journals POLITIK PEMBERLAKUAN SYARI`AT ISLAM DI ACEH DAN KELANTAN (1993-2014)

2015 ◽  
Vol 10 (1) ◽  
pp. 41-70
Author(s):  
Khamami Zada
Keyword(s):  
Federal Government ◽  
Islamic Law ◽  
Central Government ◽  
Political Power ◽  
Family Law ◽  
The Political ◽  
The People ◽  
Significant Difference ◽  
The Republic ◽  
Main Factor

The application of Islamic rules in Aceh and Kelantan is also related to the political power. There is a significant difference about political treatment on the application of Islamic law in Aceh and Kelantan. In Aceh, the central government (Indonesia) thinks that it is needed to apply jinâyah law in Aceh as a strategy to solve conflicts. This political rule has been applied in the republic of Indonesia since the leadership of Habibie, Abdurrahman Wahid, Megawati Soekarno Putri to Susilo Bambang Yudhoyono. The main factor that influences the Indonesian political government rule is the central conflict with the Acehnese in the leadership of Soeharto presidential to the Helsinski Agreement 2005. Some vertical conflicts happened between the central government and the Acehnese were solved by giving special autonomy in applying the Islamic rules. Not only family law and economic law which are given autonomy to be applied in Aceh, but also the autonomy to apply jinâyah Law. In Kelantan, Federal government (Malaysia) did not have political wish to apply Jinayah Law in Kelantan since the leadership of Mahathir Muhammad, Abdullah Badawi to Najib Razak. Moreover the federal government made the issue of the application of jinâyah law as the political commodity to get the political sympathy from the people, who are the partner of non Moslem voters in the national ranks and some Moslem voters who are not affiliated with PAS. This political needs factor is kept by the Federal Government to respond the Kelantan’s government wish to apply Islamic rules.Copyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.588 

scholarly journals Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman

rahatulquloob ◽  
2020 ◽  
pp. 01-12
Author(s):  
Dr. Hafiz Muhammad Siddique ◽  
Dr. Muhammad Atif Aslam
Keyword(s):  
Islamic Law ◽  
Primary Objective ◽  
Primary Sources ◽  
Specific Reference ◽  
Legal Provisions ◽  
The People ◽  
Administration Of Justice ◽  
The Law ◽  
Law Of Evidence

The subject matter of any case contains many facts proved by anyone of the parties to have a decision in his favour from a court of law. The primary objective of the law of evidence is to prescribe the rules to prove the facts of the case assisting the court of law in any case. The Law of Evidence forms a foundation for administration of justice in every legal system. This is considered a system of rules for disputed questions of fact in judicial inquiries. This law determines and helps to enforce the liability or grant aright on the basis of facts presented in the court of law. Islamic Law of Evidence is manifest due to the Islamic System of administration of justice and it rules are framed by the Law giver on the basis of primary sources of Islamic Law whereas the rules of other evidence law are made by the people. The current paper discusses the process of Islamization in Islamic Republic of Pakistan. It focuses on the Law of Evidence that how it is Islamized. It also highlights the specific legal provisions of Pakistani Law of Evidence were Islamized and indicates the role of some other constitutional institutions of Pakistan in Islamization of Law of Evidence. 

scholarly journals Kaidah Fiqh dan Ushul Fiqh Tentang Produk Halal, Metode Istinbath dan Ijtihad dalam Menetapkan Hukum Produk Halal

2018 ◽  
Vol 20 (2) ◽  
pp. 241
Author(s):  
Ratna Wijayanti ◽  
M Meftahudin
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
The People ◽  
Legal Thinking ◽  
Legal Arguments ◽  
The Law

<p>The purpose of the discovery of Islamic law must be understood by the mujtahid in order to develop legal thinking in Islam in general and answer contemporary legal issues whose cases are not explicitly regulated by the Koran and Hadith, especially those related to the field of muamalah. In reviewing the matter to be determined by law, the Indonesian Ulema Council Fatwa Commission is based on the Qur'an and Sunnah as its main source. In this context, there are several methods used by the Indonesian Ulema Council Fatwa Commission. First, every Fatwa Decree must have a basis on the Book of Allah and the Sunnah of the Apostle that is not bad, and not contrary to the benefit of the people. Second, if it is not found in the Book of Allah and the Sunnah of the Apostles, the Fatwa Decree should not contradict ijma ', qiyas that mu'tabar, and other legal arguments, such as ihtisan, maslahah mursalah, and saddu al-dzari'ah. Third, before making a decision before deciding on a fatwa, it must first be carefully studied for each problem presented to the MUI at least a week before the trial. If the problem is clear the law (qath'iy) let the commission convey it as it is, and the fatwa will fall after the text is known from the Koran and the Sunnah. Whereas in the case of khilafiyah occurring among the schools of thought, what is stated is the result of tarjih after observing the jurisprudence of muqaran (comparison) using the rules of ushul fiqh muqaran related to scholarship.</p>

A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1

2020 ◽  
Vol 52 (2) ◽  
pp. 245-260
Author(s):  
Kate Dannies ◽  
Stefan Hock
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Family Law ◽  
World War ◽  
Women And Gender ◽  
The Family ◽  
French And English ◽  
History Of ◽  
The Law ◽  
And Gender

AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.

scholarly journals STUDI ISLAM DAN MASA DEPAN ISLAM

At-Tuhfah ◽  
2019 ◽  
Vol 8 (1) ◽  
pp. 39-56
Author(s):  
Shofa Robbani
Keyword(s):  
Islamic Law ◽  
Methodological Approach ◽  
Historical Background ◽  
Western Civilization ◽  
Islamic Studies ◽  
Islamic Thought ◽  
The Future ◽  
Muslim Intellectuals ◽  
Muslim Communities ◽  
The Impact

“This paper deals with Islamic studies and the future of Islam. Firstly, Fazlur Rahman considers that neo-modernists have acknowledged that Western civilization is the only alternative for the future of the world. He revealed a fact that modernity in the West, ethics, and law is able to develop as an independent discipline with secularism method. On the contrary, Islamic ethics was never developed as an independent discipline based on the systematic interpretation methodology of the Qur'an. Secondly, Rahman mentions the orthodoxy of Islamic thought on the obsolete methodology, such as qiya>s, must be reconstructed with a new methodological approach, such as mas}lah}at, so that, the elasticity of Islamic law is able to provide solutions to all contemporary problems. In addition, Rahman highlighted the impact of the hegemony of Western civilization on the mindset and lifestyle of Muslim communities that can be seen in a variety of new situations that are full of complexity. Actually, he wants to create synergy between Muslim and non-Muslim intellectuals and can work together between them. In discussing the development of Islamic intellectualism, he said that something that was desired primarily was to understand the Qur'an with the historical background and new interpretations.”

scholarly journals PELAKSANAAN PRODUKSI PRODUK HALAL FOOD MENGGUNAKAN AKAD KERJASAMA DI TINJAU DARI PRINSIP TABADUL AL-MANAFI DAN AN’TARADHIN

2021 ◽  
Vol 3 (1) ◽  
pp. 10-24
Author(s):  
Neni Hardiati ◽  
Atang Abdul Hakim
Keyword(s):  
Islamic Law ◽  
Economic Activities ◽  
Literature Study ◽  
Cooperation Agreement ◽  
Philosophical Foundations ◽  
The People ◽  
Halal Food ◽  
The Law ◽  
Islamic Economic ◽  
Islamic Values

Cooperation agreement in the principles of Tabadul al-manafi and An'taradhin is very effectively applied. For this is evident from the fundamentals of the law. This principle is aqidah, shari'ah and morals. This economic system is based on Islamic values, namely equality, usefulness, balance, kindness and universality (rahmat li al-aalmin), so that the people of Indonesia in the future experience improved economic welfare on the basis of sharia principles. According to thrifty authors that the cooperation agreement has the benefit to be applied to the actors of the production of halal food products.  The source of the law that underlies all economic activities, and other philosophical foundations of Islamic law that form the basis in developing the Islamic economy anywhere and in any form, and should not be out of the sharia corridor. Benefit is the main objective in Islamic economic activities and avoids all forms of normality. Through this paper by qualitative research method, with normative juridical approach through literature study. So that with this method can be excavated filosifis values in the development of Islamic economy in the field of halal product production.

scholarly journals The Principles Of The Farewell Pilgrimage Sermon Are The Basis Of The Objectives Of (Al-Sharia) Islamic Law

2021 ◽  
Vol 58 (1) ◽  
pp. 2936-2952
Author(s):  
Mohammad Ibrahim Abu Jraiban
Keyword(s):  
Islamic Law ◽  
The People ◽  
Moral Standards ◽  
Human Happiness ◽  
The Law ◽  
Goals And Objectives

It became clear to us that what is meant by the knowledge of “the objectives of the law” is that knowledge leading to the knowledge of the goals, meanings and purposes of the provisions of the texts of Sharia, which the wise law has observed, including the legal rulings that achieve the interests of the people. Because the scholars rolled up and circled the depths of the texts, and dealt with research and analysis, and guided to realize its essence. Some of them called it the term objectives and some of them dealt with the term virtues and psychological ailments, and what follow from that of the meanings that indicate chastity and transcendence. Within this section, the sermon came to the farewell pilgrimage, to serve as a general declaration to humanity of the rulings it included, the circumstances and conditions that he wore, and the lofty faults and meanings that resulted from them. They have become human rules and moral standards. It is seen by everyone who aims to achieve good and human happiness. The significance of that prophetic sermon also lies in its complete consideration of the goals and objectives of the various Sharia, with its focus on caring for and achieving the most important of those objectives. It is necessary from them.

scholarly journals Tipologi intelektual Muslim dalam bidang kajian fikih: studi terhadap karya-karya fikih dosen STAIN Bengkulu

2012 ◽  
Vol 12 (2) ◽  
pp. 237
Author(s):  
Sirajuddin M
Keyword(s):  
Islamic Law ◽  
Conceptual Approach ◽  
Sociological Approach ◽  
The People ◽  
Scientific Approach ◽  
Muslim Intellectuals

This study aims to examine the scientific trend of approach and theme of lecturer’s works of STAIN Bengkulu in the field of Islamic law (fiqh) and the scientific position of lecturer’s works of STAIN Bengkulu as Muslim intellectuals. This article is using two approaches, namely the conceptual approach and historical approaches, whereas measures of research was conducted by reviewing documentation as primer data and interviewing as sekunder data. The results showed that the scientific trend of approach and theme of lecturer’s works of STAIN Bengkulu was consists of three kinds: First, the normative trend of scientific approach and theme in Islamic law. This trend was categorized as “exclusive Muslim intellectualism”. Second, this trend began to expand the discourse of study on fikih, but it was not to integrate with Western scientific approach. This trend was categorized as “inclusive Muslim intellectualism”. Third, this study was more empirical and historical-sociological approach and theme in Islamic law (fikih) so that the discourse was more be able to answer the situation and condition of the people. This trend was categorized as “pluralist Muslim intellectualism”.

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