scholarly journals HUKUM ISLAM DAN PERUBAHAN SOSIAL

2019 ◽  
Vol 18 (1) ◽  
pp. 33
Author(s):  
Muhammad Faisol
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
Social Conditions ◽  
Social Community ◽  
The Social ◽  
The Times ◽  
The One

It is undeniable that the dynamics of social and Islamic law are intertwined in forming a change. On the one hand, the dynamics and social change occur because of the influence of Islamic law, and in one side the social change affects the development and change of Islamic law. The inscription shows that the Islamic law brought by the prophet Muhammad SAW. has clearly changed the social community order at the time. Social conditions based on poor customs and habits have turned into a society based on Islamic law. Therefore, it can not be denied the change of law because of social change as affirmed in the rule of fiqh. This also demonstrates the nature of Islamic law that always matches the development of the times.

scholarly journals Dinamika Perubahan Sosial Dan Hukum Islam

2016 ◽  
Vol 16 (1) ◽  
pp. 197
Author(s):  
Fathurrahman Azhari
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
The Other ◽  
Social Changes ◽  
Current Development ◽  
Social Community ◽  
Other Hand ◽  
The Social ◽  
The One

Abstract: The Dynamics of Social Change and Islamic Law are related each other in making a change. In the one hand,  social changeis caused by the Islamic law, but on the other hand, the change of Islamic law itself is causedby the social changes. The existence of Islamic law, which was brought  by Rasulullah Saw, had clearly changed the social community at that time;the changes started from jahiliyyah societyera that strongly held  their  tradition to the Islamic societyera that held Islamic law.By the same token, Islamic law had also made a change due to social changes. According to juries-prudency of Islamic law(regulations made by fukaha/Islamic cleric) that thechange of the fatwa (advice) was caused by the change of the periode, place, situation (niat) and tradition".  By doing the change of law, the Islamic law becomes dynamic, and adaptable and islamic lawswould be up to date in accordance with the current development and the social changes.الملخص: الدينا ميكية الاجتماعية والأحكام الشرعية مرتبطان في إيجاد التغير. من جهة كان التغير الاجتماعي بسبب وجود الأحكام الشرعية. ومن جهة اخرى تغيّر الحكم الشرعي بسبب التغيّر الاجتماعى . وجود الشريعة الاسلامية التي أتى بها الرسول الله صلى الله عليه وسلم غيّرت - بوضوح - المجتمعات فى ذلك الوقت من مجتمعات جاهلية متمسكة بالعادات إلى مجتمعات إسلامية متمسكة بالشريعة الاسلامية. ولكن الأحكام الشرعية أيضا تتغير بسبب التغير الاجتماعي الموافق بالقاعدة الفقهية التي وضعها الفقهاء " تغير الفتوى بتغير الزمان والمكان والاحوال والعادة " فبتغير الاحكام  تكون الأحكام الشرعية مرنة، عطوفة، لينة، قابلة للمواجهة ، اذن كانت الأحكام الشرعية قابلة للتجديد ومناسبة بتطور الزمان والتغير الاجتماعي. Abstrak: Dinamika sosial dan hukum Islam saling memiliki keterkaitan dalam melakukan perubahan. Satu sisi perubahan sosial karena hukum Islam. Di sisi lain, perubahan hukum Islam karena  perubahan sosial. Keberadaan hukum Islam yang dibawa oleh Rasulullah Saw. dengan jelas merubah sosial masyarakat pada waktu itu dari masyarakat jahiliyyah yang berpegang kepada adat kebiasaan mereka menjadi masyarakat Islam yang berpegang kepada hukum Islam. Tetapi hukum Islam juga melakukan perubahan karena terjadinya perubahan sosial. Sesuai dengan kaidah fikih yang dibuat oleh fuqaha: “berubahnya fatwa dengan sebab berubahnya masa, tempat, keadaan (niat) dan adat kebiasaan.” Dengan melakukan perubahan hukum, maka hukum Islam itu dinamis, dan mampu beradaptasi, sehingga hukum Islam itu op tu date sesuai dengan perkembangan zaman dan perubahan sosial.

scholarly journals DINAMIKA HUKUM ISLAM DAN PERUBAHAN SOSIAL

2018 ◽  
Vol 15 (1) ◽  
pp. 1
Author(s):  
Titin Samsudin
Keyword(s):  
Social Change ◽  
Social Interaction ◽  
Islamic Law ◽  
Social Process ◽  
Social Community ◽  
Concrete Form ◽  
The Social ◽  
Way Of Thinking ◽  
The Way

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.

scholarly journals Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam

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.

scholarly journals The Implementation Effort Islamic Law Norms in Activities for Overcoming Pornography and Pornoaction on Mass Media

2017 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Ramlani Lina Sinaulan
Keyword(s):  
Mass Media ◽  
Rule Of Law ◽  
Islamic Law ◽  
Social Values ◽  
The Rule Of Law ◽  
Implementation Effort ◽  
Permissive Attitude ◽  
The Social ◽  
Universal Properties ◽  
The Times

This paper discusses the effort Islamic Law norms in activities for overcoming pornography and porno-action on mass media. By using normative legal research, the result found that the concept of Islamic law, behave based on sharia, shows the importance of shaping the personality traits of Islam (syakhsiyya Islāmiyya) and based on the devotion and faith. Because of the relation to the formulation of the rule of law against pornography behavior, it can not be designed, prepared and formulated based on social values. Based on the facts of society, as a result of the moral decadence that led to a permissive attitude towards their cultural infiltration, the social values in assessing the behavior may become more permissive toward behavior. However, the use of religious norms which have universal properties will not change, and even capable of elastic with the times.

scholarly journals The Legal Authority of the Jurist and Its Scope in Modern Iran

2020 ◽  
pp. 1-27
Author(s):  
Seyfeddin Kara
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
Legal Theory ◽  
Political Authority ◽  
Legal Authority ◽  
Intrinsic Connection ◽  
Legal Perspective ◽  
The Social ◽  
The Subject

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.

scholarly journals PESANTREN SALAF: PERUBAHAN SOSIAL DAN SUBLIMASI IDENTITAS DENGAN KOMBINASI TASAWUF, FIQIH DAN TAUHID (Model Pesantren di Kabupaten Tasikmalaya Jawa Barat)

2020 ◽  
Vol 4 (2) ◽  
pp. 87-105
Author(s):  
Muhammad Solahudin ◽  
Ecep Ismail ◽  
Irwan Abdurrohman
Keyword(s):  
Social Change ◽  
School Environment ◽  
Max Weber ◽  
Rapid Development ◽  
Boarding School ◽  
Theory Of Action ◽  
West Java ◽  
Cultural Elements ◽  
The Times ◽  
The One

On the one hand, in the environment of the Pesantren salaf community, a kind of environment and tradition is formed which shows its unique, even unique characteristics, which are only understood by the community. Gus Dur, in this case, stated that the Pesantren salaf community is a community that has its own subcultural in the middle of society with the complexity of the problems in it. But on the other hand, there is a very rapid development of science and technology, so it demands pesantren salaf to make changes to adjust to the times, both in terms of the education system, the boarding school environment, institutions, leadership patterns, and others. Therefore, the study contained in the title "Pesantren Salaf: Social Change and Sublimation of Identity (Pesantren Model in West Java)", is very important to be carried out.The purpose of this study is none other than to find the concept of changes that occur in Pesantren salaf in West Java. For more details, they are: 1) uncovering the factors that drive changes in pesantren in West Java; 2) reveal pesantren's efforts in facing the challenges of the times, and 3) find forms of changes that occur in the Pesantren salaf in West Java.This research departs from a thought that social change will occur due to four things. First, Evolution. This theory states that humans as part of a cultured society will naturally develop gradually from simple forms to complex and perfect stages. Second, Conflict. This theory strongly believes that change will only occur if there is conflict. Third. Functional Theory. Social change occurs because of the disharmony between cultural elements. Fourth, Cycle Theory. Social change by itself will occur and cannot be controlled.The method used in this research is descriptive. In the process, the data is collected and compiled. After the data is collected and arranged in such a way, the authors analyze it and provide interpretation, with a qualitative approach. So that it is expected to be able to uncover the realities of the Pesantren salaf which are changing in the community.The results of the study stated that the Pesantren salaf can adapt well to social change by bringing up certain identities. This shift in identity needs to be examined and studied through the theory of action put forward by Max Weber. First, zweckrational. This theory is known as rational-purpose. In doing something always with a good and accurate calculation. Second, wertrational or rational-values. The involvement of the subject is directly involved in matters of absolute importance. The four traditionalists. This theory of action rests on established and established customs or traditions. Traditionalist theories respect existing authority.

What is the Nature of the Crime of the Delinquent Daughter in Deuteronomy 22:13-21? A Rejoinder to J. Fleishman's Suggestion

2009 ◽  
Vol 59 (3) ◽  
pp. 446-459
Author(s):  
Meir Malul
Keyword(s):  
Death Penalty ◽  
The Other ◽  
Exact Nature ◽  
Previous Suggestion ◽  
Social Community ◽  
Legal Proceedings ◽  
The Social ◽  
The Law ◽  
New Interpretation ◽  
The One

AbstractThe exact nature of the girl's crime in the law of the delinquent daughter in Deut 22:13-21 is examined, starting by a detailed critique of J. Fleishman's previous suggestion in this journal (vol. 58, pp. 191-210) to construe it in the light of the law of cursing the parents in Exod 21:17 and understand it as an innovation and restriction of the latter law. In his view, the girl's sin is tantamount to cursing her parents, which, like the sin of the glatton and drunkard son according to Deut 21: 18-21, meant the undermining of the parents' authority and status, for which both boy and girl deserved the death penalty. In the following critique, it is underlined that the girl's sin is, first, not one of omission but of commission, and, second, it is not against her parents but against her husband, who is also the one to initiate the legal proceedings. A new interpretation is suggested, according to which the girl's crime, defined in v. 21 as an act of and a deed of, consisted not only in concealing her previous loss of virginity from her husband, thus deceiving him and her parents, but also in duping her husband into committing a sin comparable to that of lying with a menstruating, and thus desolate, woman. Being deprived of virginity, and thus of the socially recognized status of a virgin, she became, like Tamar (2 Sam 13:20), “desolate, forlorn”, an unenviable state from which only her seducer/ravisher could redeem her (thus are the sense and goal of the laws of the seduced virgin in Exod 22:15-16 and Deut 22:28-29). Trying to dupe her husband into steping in and performing what custom and law dictated the other man—the seducer/ravisher—should have done, and thus to arrogate to herself a social status she did not deserve, was then tantamount to undermining social structure and striking at the fibers that constituted the essence and integrity of the social community (cf. Prov 30:21-23).

Deceptive readings: poetry and its value reconsidered

1995 ◽  
Vol 45 (1) ◽  
pp. 30-50 ◽  
Author(s):  
Sitta von Reden
Keyword(s):  
Ancient Greece ◽  
Social Conditions ◽  
Economic Conditions ◽  
Late Archaic ◽  
Intellectual Activity ◽  
Contractual Relationship ◽  
Notable Change ◽  
The Social ◽  
The One

In his analysis of the social and economic conditions of intellectual activity in ancient Greece, Gentili argues that the value of poetry underwent a notable change in the late archaic period. Poetry came to be produced within a contractual relationship between patrons and poets, it became a commercial good available to the one who could pay for it and its value was expressed no longer by honouring the poet but by paying for his product. At the time of Solon and Theognis the producers of poetry had been aristocratic members of the polis giving political advice to their peers and gaining renown by the quality of their advice. Yet Simonides and Pindar wrote under different social conditions. Gentili writes:Fully conscious by now of the dignity and importance of his role, the poet also becomes aware of its [i.e. poetry's] ‘commercial’ value. He puts his own sophia at the disposal of the highest bidder, thereby creating a basis for the tendency to regard wealth and poetic ‘wisdom’ as interchangeable moral equivalents.

scholarly journals The Problem of Democracy against the Background of the Theory of Origin and Authority in the Social Doctrine of the Church Fathers and St. Thomas Aquinas

2020 ◽  
pp. 661-670
Author(s):  
Tomasz Pawlikowski
Keyword(s):  
Catholic Church ◽  
Saint Augustine ◽  
Church Fathers ◽  
Social Doctrine ◽  
The Social ◽  
Democratic System ◽  
The Times ◽  
The One ◽  
Doctrine Of The Church ◽  
The Church

"e modern social doctrine of the Catholic Church supports all of the abovementionedviews with the exception that it treats some of its elements as theso-called “signs of the times” in which the creators of these views lived andwrote. "erefore, we cannot say that they became somehow time-barred. "eyhave entered the tradition of the social doctrine of the Church. Similarly, onecannot reasonably claim that the basic theses of the socio-political theoriesof Saint Augustine or Saint "omas Aquinas are obsolete in philosophical terms.At the most, one can disagree with them or try to correct them. Nevertheless, itseems that there are no better analyses of the nature of authority and its originfrom God. Considering these issues from the perspective of historical applicationsof the theories, especially the one coined by St. "omas, it is impossible notto notice the significant analogies of the reflections of Doctor Angelicus and theidea of a “nobles’ democracy” implemented in the First Polish Republic threehundred years later. It is also difficult to believe that a$er the creation of thescientific community of the Jagiellonian University in the fi$eenth century, theydid not affect the minds of Polish politicians at a time when the foundationsof this democracy were formed. Moreover, it seems that these considerationswere widely applied in the centuries-old process of crystallizing other modernand contemporary democratic system.

The life and contribution of Professor David Sanders through his publications

2020 ◽  
Vol 105 (4) ◽  
pp. 406-407
Author(s):  
Tony Waterston
Keyword(s):  
Public Health ◽  
Social Change ◽  
Child Health ◽  
Primary Healthcare ◽  
Local Community ◽  
Health Workers ◽  
Social Conditions ◽  
Top Down ◽  
Grass Roots ◽  
The Social

Professor David Sanders died in August 2019. He leaves a long legacy of analysis and teaching on global child health and public health particularly in relation to poverty and the roots of ill health, and how to tackle them. Sanders believed that the determinants of health lay in the social conditions of the population and that these had to be improved by social change and working at the grass roots rather than by top-down medical treatment with drugs; he was a strong proponent of primary healthcare as originally established by WHO and supported the appointment of community health workers who would be responsible to the local community. His work is covered in this article through a review of significant books of which the best known is The Struggle for Health and his research in the field.

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