Landasan Filosofis dan Corak Pendekatan Abdurrahman Wahid Tentang Implementasi Hukum Islam di Indonesia

2021 ◽  
Vol 6 (1) ◽  
pp. 51-73
Author(s):  
Athoillah Islamy

This study aims to explore and identify the philosophical basis and features of Abdurrahman Wahid's approach to Islamic law regarding the implementation model of Islamic law in Indonesia. This research is a qualitative research in the form of literature review. This research is included in the category of philosophical normative Islamic law research. The theory used as a theory of analysis is the theory of the formalization paradigm of Islamic law. There are two major conclusions in this study. First. First, the indigenousization of Islam is Abdurrahman Wahid’s philosophical foundation for the implementation model of Islamic law through the method of contextual interpretation and contextualization of classical Islamic law. Second, Abdurrahman Wahid’s approach related to the implementation of Islamic law in the context of people's life in Indonesia is a cultural substantive approach

2021 ◽  
Vol 14 (2) ◽  
pp. 345-366
Author(s):  
Wahyu Wahyu Akbar ◽  
Athoillah Ismaly

Handling economic problems in Indonesia during the Covid-19 pandemic necessitates the importance of cooperation from all elements of society with the government in offering various alternative solutions. This study intends to explore and identify the epistemological basis of Islamic law in the construction of the Fatwa Majelis Ulama Indonesia (MUI) Nomor 23 Tahun 2020 Tentang Pemanfaatan Harta Zakat, Infak, dan Shadaqah Untuk Penanggulangan Wabah Covid-19 dan Dampaknya. This qualitative research is in the form of a literature review with a normative philosophical approach. The analytical theory used is the paradigm of idealism and realism of Islamic law. The results of the study state that the epistemological construction of Islamic law in the MUI fatwa Number 23 of 2020 tends to emphasize the idealism paradigm of Islamic law. First, universal ethical moral values ('am) which are taken from the theological text basis (nas). Second, the use of the rules of Islamic law (qawaid fiqhiyah) which emphasizes the rules of maslahah mursalah (public benefit).Third, the opinion of classical scholars.This finding shows that the presence of the MUI Fatwa in responding to contemporary problems is not always based on the realism paradigm of Islamic law, but also based on the idealism paradigm of Islamic law by making the foundations of theological normative texts and the repertoire of classical fiqh thought as the epistemological basis of its fatwa, as well as in addressing socio-economic problems that arise. caused by the Covid-19 pandemic in Indonesia.


Jurnal Fiqh ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 409-434
Author(s):  
Raihanah Azhari ◽  
Ahmad Uzair Izzuddin Ismail ◽  
Zakiul Fuady Muhammad Daud

Marriage is considered a sacred contract that justify the relationship between a man and a woman. For that reason, the practice of it must abide by the predefined terms and regulations to ensure it is legal according to the Islamic law. Under normal circumstances, solemnization is done based on the defined procedures that obey the pillars of marriage, namely formal exchange of ījāb and qabūl, presence of two witnesses, the woman’s guardian, and both the groom and bride. However, along with the convenient technological advances, there are a few mechanisms used to tie the marriage knot online. The practice of tying the knot online has been used widely, specifically during the time of Covid-19 pandemic. Following this, the validity of online solemnization has become a topic discussed among the scholars. This article discusses the viewpoints of Islamic jurists (fuqaha’) including the mutaqaddimīn and muta’akhkhirīn regarding the validity of online solemnization. This qualitative research uses literature review and documentation as the method to collect all the data needed. The research found that some of the muta’akhkhirīn jurists necessitate online solemnization, given that the practice of it obey the defined terms, and some do not. While majority of mutaqaddimīn jurists, except for Ḥanafi jurists, show tendency in not allowing online solemnization.


2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.


2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi

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


2020 ◽  
Vol 5 (1) ◽  
pp. 21-38
Author(s):  
FAISAL AKBAR ◽  
Syamsuddin RS ◽  
Dadan Anugrah

Penelitian ini bertujuan untuk mengetahui metode Program Fajar Indah yang ada di Radio Citra Progo dalam meningkatkan pemahaman keagamaan masyarakat, mengetahui klasifikasi da’i pengisi program Fajar Indah, serta pesan dakwah dari program Fajar Indah. Penelitian ini menggunakan penelitian kualitatif dengan metode deskriptif. Pengumpulan data dalam penelitian ini menggunakan teknik observasi, wawancara dan dokumentasi. Analisis data digunakan penafsiran logika yang dihubungkan dengan konteks Komunikasi Penyiaran Islam. Hasil penelitian menunjukan bahwa Radio Citra Progo dalam program Fajar Indah menggunakan metode ceramah dengan pembawaan da’i yang santai ketika siaran. Adapun klasifikasi da’i dalam siaran dakwah ini, dapat dilihat dari wawasan keilmuan penyiar dalam menguasai Al Quran dan Hadist sebagai sumber hukum Islam dan kedisiplinan untuk menjalankan tugas sebagai da’i penyiar radio. Dalam siaran Program Fajar Indah terdapat pesan dakwah berupa materi Aqidah untuk meningkatkan kepercayaan masyarakat kepada Allah, mengimani rukun Iman dan rukun Islam, serta materi Akhlak yang diperintahkan oleh Allah dan dicontohkan oleh Nabi Muhammad SAW, materi Ibadah yang menyampaikan tatacara beribadah kepada Allah meliputi hukum pernikahan, hukum bertetangga, shodaqoh, sholat, puasa dan menyampaikan materi tentang hari-hari besar umat Islam. This study aims to determine the methods of the Beautiful Fajar Program on Radio Citra Progo in improving people's religious understanding, knowing the classification of preachers for the Fajar Indah program, and preaching messages from the Fajar Indah program. This study uses qualitative research with descriptive methods. Data collection in this study uses observation, interview and documentation techniques. Data analysis used the interpretation of logic connected with the context of Islamic Broadcast Communication. The results showed that Citra Progo Radio in the Fajar Indah program used a lecture method with a relaxed nature when broadcasting. The da'i classification in this da'wah broadcast, can be seen from the broadcaster's scientific insights in mastering the Qur'an and Hadith as a source of Islamic law and discipline to carry out their duties as radio broadcast preachers. In the broadcast of the Fajar Indah Program there is a da'wah message in the form of Aqeedah material to increase public trust in God, faith in the pillars of faith and pillars of Islam, as well as moral material ordered by God and exemplified by the Prophet Muhammad, the material of worship which conveys the procedure of worship to God including marriage law , neighborly law, shodaqoh, prayer, fasting and delivering material about the Muslim holidays.


2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.


2018 ◽  
Vol 6 (2) ◽  
pp. 55-69
Author(s):  
Ghada Awada

Abstract The study was set to examine the differences between religion and religiosity and to explore how communities can be protected against religious violence. The study also intended to investigate the motives and the effect that religious violence has had throughout history. The study employed the qualitative research method whereby the researcher carried out a meta-analysis synthesis of different research findings to make conclusions and implications that could answer the study questions. Using the literature review they conducted, the researchers carried out data collection. As such, the researcher employed the bottom-up approach to identify the problem and the questions along with the investigation framework of what they decided to explore. The findings of the study revealed that religious backgrounds should be the cornerstone to realize the diff erence between religion and religiosity. Religion is of divine origin whereas religiosity is specifically a humanistic approach and a behavioral model. The religious violence phenomenon is formed by interlocking factors such as the interpretation of religious texts which clearly adopt thoughts and heritage full of violence camouflaged by religion. It is recommended that governments use a strong strategy employing the educational system, summits and dialogs to successfully overcome religious violence. The summits on religion should result in starting a dialog that ensures acceptance of the different religions.


2019 ◽  
Vol 1 (1) ◽  
pp. 43-54
Author(s):  
Yesri E. Talan

Syncretism is not just phenomenology in the church but is a real and serious problem. Syncretism is a mixture of Christian faith and culture that results in the congregation losing its identity as a believer, blurred beliefs and do not have absolute truth. Syncretism in the church is a real and serious problem in the life of the church because it negatively impacts spiritual growth.The church cannot grow in true knowledge about Jesus Christ because of the dualism of belief, so Jesus Christ is not the only way of truth and life. The method used in this paper is theological qualitative research. Qualitative is a research method that emphasizes an in-depth understanding of a problem with the process of observation and interview. Conducting literature review and exposition of verses related to the discussion material. This research is descriptive. The results obtained are found the danger of syncretism to the church, namely: the absence of absolute truth in Christ because of the dualism that affects the spiritual growth of the church. Abstrak Sinkretisme bukan hanya fenomenologi di gereja tetapi menjadi masalah nyata dan serius. Sinkretisme adalah percampuran antara iman Kristen dengan budaya yang mengakibatkan jemaat kehilangan identitasnya sebagai orang percaya, kepercayaannya kabur dan tidak memiliki kebenaran absolut. Sinkretisme adalah masalah serius dalam kehidupan gereja karena memiliki dampak negatif pada pertumbuhan rohani. Gereja tidak dapat bertumbuh dalam pengenalan yang benar akan Yesus Kristus karena dualisme kepercayaan, sehingga Yesus Kristus bukanlah satu-satunya jalan kebenaran dan kehidupan. Metode yang dipakai dalam peulisan ini adalah kualitatif teologi. Kualitatif adalah metode penelitian yang menekankan pada suatu pemahaman secara mendalam terhadap suatu masalah dengan proses observasi dan wawancara. Melakukan kajian pustaka dan eksposisi ayat-ayat yang berkaitan dengan materi pembahasan. Penelitian ini bersifat deskriptif. Hasil yang diperoleh adalah ditemukan adanya bahaya sinkretisme terhadap jemaat, yaitu: tidak adanya kebenaran mutlak di dalam Kritus karena adanya dualisme yang mempengaruhi pertumbuhan rohani jemaat.


2008 ◽  
Vol 3 (3) ◽  
pp. 73
Author(s):  
Virginia Wilson

A Review of: Walter, Scott. “Librarians as Teachers: A Qualitative Inquiry into Professional Identity.” College and Research Libraries 69.1 (2008): 51-71. Objective – This study explores how academic librarians are introduced to teaching, the degree to which they think of themselves as teachers, the ways in which being a teacher has become a significant feature of their professional identity, and the factors that may influence academic librarians to adopt a “teacher identity.” Design – A literature review extended by qualitative semi-structured interviews. Setting – The research took place at an American university with the Carnegie Foundation for the Advancement of Teaching designation of “Doctoral/Research — Extensive.” Subjects – Six academic librarians. Methods – The main feature of the article is an extensive literature review around the themes of LIS, teaching, and qualitative research methodologies. The literature review is supplemented by qualitative research consisting of semi-structured interviews of between 45 and 90 minutes each, which were conducted during spring 2004 with six librarians (five women and one man), whose length of professional service ranged from 2 to 32 years. All of the participants worked at the same institution. The data collected were reviewed throughout the process using field memos and a research log. The data were analyzed using a coding process where discrete ideas that emerged from the data were used to identify a small number of themes. The initial conclusions in the study were validated through member checking during the writing phase. “Member checking involves sharing draft study findings with the participants, to inquire whether their viewpoints were faithfully interpreted, whether there are gross errors of fact, and whether the account makes sense to participants with different perspectives” (Centre for Health Evidence). Main Results – Five themes around teaching and teacher identity as they pertain to academic librarians emerged from the data. The first theme was the centrality of teaching. Each participant sought out a position where the teaching role was valued. The role of teacher spilled over into the other roles of the librarian, i.e., reference service, collection development, etc. The next theme was the importance of collegial and administrative support, which is critical to the ability to focus on work as a teacher. The stress of multiple demands emerged as a theme, as time dedicated to teaching was often at the expense of something else. Another theme was the problems with professional education around teaching. Instruction course offerings in library schools were reported to be meagre, and some were badly planned and executed. The fifth theme involved stereotypes and misperceptions. Studies have shown that the academic library profession has been poorly understood by students and faculty. Study participants believed that many of their campus colleagues were either unaware of what they did, or were misinformed by popular culture stereotypes of librarians. Conclusions – The small sample size precluded the making of any definite conclusions based on the study results. Other limitations of the study include the relatively short amount of time spent in the interview process and the narrow range of librarians chosen to participate. The author notes that a subject pool more representative of academic librarians’ full range of opinions regarding the importance of teaching as a professional responsibility would have resulted in more complex themes emerging. While the author is aware of the study’s limitations, he feels there is value in the qualitative research design, in giving voice to individual librarians, and in the provision of insight into some of the research questions found in the literature of learning to teach and of teacher identity. Given the limitations, Walter makes three conclusions about his findings. He points out the lack of a formal introduction to teaching in many library programs which has been explored by other studies and concludes that his study “suggests that continuing lack of attention to this issue results in a difficult introduction into the profession for new academic librarians” (64). Regarding continuing and professional education, Walter concludes that “this study suggests that there are a number of important questions about the content and conduct of these opportunities for instruction librarians that have not been explored in the literature” (64). Finally, Walter concludes that “this study suggests that there is an important connection between research on student perceptions of academic librarians, the study of teacher identity, and the future of the profession” (64).


2017 ◽  
Vol 5 (1) ◽  
pp. 135-150
Author(s):  
Kusnan Kusnan

Arabic is the language of Muslim’s holy book, and reading  it is obligatory for Muslims. In Islamic education, Arabic is the language that should be mastered as a means of understanding the original texts of the source of Islamic law. One of the important thing in learning Arabic is the method. Zam-Zam Muhammadiyyah Modern Islamic Boarding School implements a diffent model and method of learning Arabic compared to other Islamic boarding schools in the district of Cilongok. This is a qualitative research, through a case study using interview, observation and documentation techniques for collecting data and interactive analysis for analying data. The findings of this research are three models of Arabic learning in Pondok Pesantren. The first model is khiwar or muhadatsah, the second is mufrodat walls intended to make students familiar with Arabic vocabulary, and the third is Lughoh. The method and model of Arabic learning in the institution as described above is a combined method. There are at least three methods used, i.e. Communicative Problem-Based Learning Method, Audiolingual Method, and Grammar-Translation Method.


Sign in / Sign up

Export Citation Format

Share Document