scholarly journals HUKUM ISLAM DAN PROBLEMATIKA SOSIAL; TELAAH TERHADAP BEBERAPA HUKUM PERDATA ISLAM DALAM KOMPILASI HUKUM ISLAM DI INDONESIA

2020 ◽  
Vol 18 (2) ◽  
pp. 283-295
Author(s):  
Aris ◽  
Muhammad Sabir

Islamic law cannot be separated from the context of the social life of Muslims in Indonesia. This paper discusses the material analysis of the Compilation of Islamic Law which consists of Marriage, Inheritance and Waqf associated with the social problems of Muslims in Indonesia. The compilation of Islamic Laws received juridical justification with Presidential Instruction No. 1 of 1991, is a form of political Islamic law in Indonesia that is less than perfect because it does not go through the legislation of the legislative body and is a shortcut in establishing and positivating Islamic law. The material of KHI, especially marriage and inheritance, is considered inadequate to accommodate the social problems of Indonesian Muslims.

Aksara ◽  
2021 ◽  
Vol 32 (2) ◽  
pp. 223-234
Author(s):  
Ni Nyoman Tanjung Turaeni ◽  
Puji Retno Hardiningtyas

Abstrak Kritik sosial sebagai sebuah ide atau berbagai bentuk gagasan yang bertolak belakang dengan kenyataan yang tidak sesuai dengan tujuan dan harapan dari tatanan dalam masyarakat. Penelitian ini bertujuan membahas aspek sosial yang meliputi struktur cerita, masalah sosial dan kritik sosial bermuatan lokal Bali yang tercermin dalam kumpulan cerita pendek berbahasa Bali Nguntul Tanah Nulengék Langit karya I Made Suarsa. Metode analisis yang digunakan dalam penelitian ini adalah deskriptif kualitatif dan teknik interpretatif. Dalam pengolahan data dilakukan tahapan klasifikasi, pendeskripsian, penerjemahan, dan penganalisisan data. Untuk mengetahui masalah sosial dan kritik sosial dalam cerpen tersebut, digunakan teori sosiologi sastra dan teori struktural untuk mengetahui struktur formal yang membangun cerita tersebut. Hasil dan pembahasan penelitian ini menunjukkan bahwa kritik sosial yang dapat terhimpun dalam cerita tersebut adalah kritik sosial terhadap kemiskinan, kritik sosial disorganisasi keluarga dan kritik terhadap adat dan tradisi serta serta kehidupan sosial masyarakat Bali. Dengan demikian, lahirnya cerpen karya I Made Suarsa ini memperlihatkan kemegahan pariwisata, masih terdapat ketimpangan sosial dalam masyarakat Bali. Kata kunci: cerpen, kritik sosial, masalah sosial, muatan lokal Bali Abstract Social criticism as an idea or various forms of ideas that are contrary to reality is not in accordance with the goals and expectations of the order in society. This study aims to discuss the social aspects which include story structure, social issues and social criticism with local Balinese content as re ected in a collection of short stories in Balinese language “Nguntul Tanah Nulengék Langit” by I Made Suarsa. The method used in this research is descriptive qualitative and note taking techniques. In data processing, the stages of classi cation, description, translation and data analysis are carried out. To nd out the social problems and social criticism in the short story, the sociology approach of Sapardi Djoko Damono’s view is used and is assisted by a structural approach to determine the formal structure that builds the story. The results of the study show that the social criticisms that can be collected in the story are social criticism of poverty, social criticism of family disorganization and criticism of customs and traditions as well as the social life of Balinese people who seem famous by tourism, but in fact there are still social inequalities in Balinese society. Keywords: social problems, social criticism, short stories 


2019 ◽  
Vol 3 (2) ◽  
pp. 438
Author(s):  
Fakhrurrazi M. Yunus ◽  
Amira Luthfiani

Such rapid development of science and technology lately resulted in such rapid changes in the social life of the human culture, one of which is medical field. But although there has been no progress there may be some problems that have not been solved by human beings, such as the discovery of drugs or a potent bidder to cure deadly diseases such AS AIDS, cancer, and other malignant diseases. These deadly diseases are a reason for someone to end his life from having to endure a long time ill one of them by asking for family assistance to end his life, which in medicine is called euthanasia. This research aims to determine how the position of passive euthanasia and birthright position for applicants of euthanasia passive according to Islamic law when viewed in terms of maqāṣid al-Syarī'ah. This research is done by collecting the library materials in the form of books, encyclopedia, and scientific works related to this discussion. The results of this study gave the answer that stopping the treatment, or releasing the organ and respiratory aids from the sick or euthanasia passive the law may but only in the case of the sick suffer the death of the brainstem. Because while using these tools is contrary to sharia teachings among them, postponing the management of dead and its funeral without emergency reasons, postponing the division of inheritance and resigning the time of his wife. Therefore, the birthright position for the heir or the family that asks or plea for passive euthanasia is not hindered by the heir. Because the passive euthanasia in this case is not classified as an act of murder.


Asy-Syari ah ◽  
2021 ◽  
Vol 23 (1) ◽  
Author(s):  
Reza Fauzi Nazar

Abstract: The social fiqh K.H Sahal Mahfudh is a thought that was born from pesantren tradition. Social fiqh in fact is projected to redesign the stagnated fiqh in pesantren with the nuances of madzhabi fiqh which are considered less responsive to social problems, and to counter-discourse a "going too far" Islamic law contextuality. This paper will examine the Islamic legal thought of K.H Sahal Mahfudh social fiqh regarding the applied epistemology and style of thought. Thepurposes of this research are to obtain the clarity on the concept of K.H Sahal Mahfudh’s Islamic legal paradigm including its background of thought and epistemology. Supported by library research, the gathered information was analyzed with the hermeneutic approachThis research found that the KH Sahal Mahfudh’s  Islamic legal thought is built from two interrelated epistemological reasoning. Firstly, Bayani reasoning which favors textuality. Secondly, Burhani reasoning as the rationality of two school of thoughts, namely Syafi'iyyah and Maliki. K.H Sahal Mahfudh tried to reconcile the authenticity of the text with social reality by extensifying fiqh, elaborating the traditions of Islamic science (fiqh and ushul fiqh) using maqashid reasoning.Abstrak: Fiqh sosial pemikiran K.H Sahal Mahfudh merupakan pemikiran yang lahir dari khazanah tradisi pesantren. Fiqh sosial nyatanya memiliki proyeksi menggagas ulang kejumudan fiqh di kalangan pesantren dengan nuansa fiqh madzhabi yang dianggap kurang begitu menjawab permasalahan sosial. Sekaligus counter-discourse proyeksi kontekstualisasi hukum Islam yang “kebablasan.” Tulisan ini bertujuan meneliti pemikiran hukum Islam Fiqh Sosial K.H Sahal Mahfudh berkenaan epis­temologi dan corak pemikiran yang digunakan. Penelitian ini bertujuan: mendapat­kan kejelasan konsep paradigma hukum Islam K.H Sahal Mahfudh; mengetahui gagasan konsepsi fiqh sosial K.H Sahal Mahfudh; mengetahui latar belakang pemikiran dan epistemologi K.H Sahal Mahfudh. Metodologi yang digunakan antara lain: pengumpulan data dengan jenis penelitian kepustakaan (library research); analisis data yang digunakan yaitu analisa data kualitatif dengan analisa data deskriptif interpretatif, yang bertumpu pada titik tolak hermeneutik, Sebuah cara pendekatan yang melihat secara tajam latar belakang obyek penelitian. Hasil penelitian ini menunjukkan bahwa corak pemikiran hukum Islam K.H Sahal Mahfudh terbangun dari dua nalar epistemologi yang saling berkaitan yakni nalar Bayani yang berpihak pada tekstualitas dan Burhani dengan sisi rasionalitas dari dua kubu pemikiran antara Imam Syafi’i beserta para pengikutnya (Syafi’iyyah) dan Imam As-Syatibi (yang berhaluan Maliki). K.H Sahal Mahfudh mencoba mendamaikan otentisitas teks dengan realitas sosial dengan cara melakukan ekstensifikasi fiqh, yakni mengelaborasikan tradisi ilmu keislaman (fiqh dan ushul fiqh) menggunakan nalar maqashid.


2021 ◽  
Author(s):  
Yoko Okamoto ◽  
Satomi Doi ◽  
Aya Isumi ◽  
Junichi Sugawara ◽  
Kazuhisa Maeda ◽  
...  

Abstract Background: Postpartum social problems, such as postpartum depression and bonding disorders, are important risk factors for child maltreatment. Mothers with such problems are known to need social support. The aim of this study was to develop and validate the Social Life Impact for Mother (SLIM) scale to identify mothers in Japan who need social support during postpartum.Methods: Hospital-based prospective study was implemented covering nation-wide area of Japan. A total of 7462 pregnant women completed the SLIM scale at first trimester, and postpartum social problems (postpartum depression and bonding disorders) were assessed at one month after delivery (N=5768, follow-up rate: 77.3%). Multivariate logistic regression was applied to investigate the association between SLIM scale and postpartum social problems.Results: The SLIM scale predicted postpartum social problems in moderate accuracy (AUC=0.63, 95% confidence interval: 0.60-0.65). Further stratification by local clinic and tertiary hospital did not affect the estimates.Conclusion: The SLIM scale at prenatal checkup may be useful for obstetricians to detect mothers with postpartum social problems. Further intervention study using SLIM score is warranted.


2018 ◽  
Vol 13 (2) ◽  
pp. 157-172
Author(s):  
Siti Badi'ah

The development of science and technology, the minimum of employment and the decline in the level of education are very influential on the emergence of social problems in society. Social problems in the community are often referred to as "social pathology." Community disease is the behavior of members of the community which can lead to unrest and insecurity in people's lives. Community diseases in the social community today are increasingly prevalent in the community, especially the local government and very disturbing people who live in the area. Examples of community diseases are gambling, fighting or brawls, drug or drug abuse, alcoholism or drunkenness, prostitution, corruption, and many more public diseases that occur in society today. social is one of the problems that is considered by Islam, various kinds of problems have been explained in the Qur'an to solve this problem, for example giving punishment to people for theft, drunkenness, killing, etc. is a reward for people who do something mass ah which is contrary to Islamic law. This research is an attempt to look at the problem of community diseases in the eyes of the Qur'an. This study has three focus problems, namely: first; efforts to see the type of society's illness in the view of the Qur'an, second; see things that are the background to the emergence of social pathology, and third; efforts to find solutions / knowledge of social pathology in the view of the Qur'an.


Author(s):  
T. Nurgaziyev ◽  

Tales are historical artifacts that show the growth and prosperity of not only one nation, but all of humanity. In any fairy tale there are such questions as good and evil, wealth and poverty, communication with relatives and the protection of the family and homeland. In addition, fairy tales have a special character that clearly describes the social life of people. Rich / poor, good / bad, educated / uneducated, king / slave, smart / mean. In addition, fairy tales reflect such social problems as infertility, mother’s anxiety about family and children, social features of the child’s consciousness structure, geographical features of social life, in short, a fairy tale reflects the social life of a certain people. The article analyzes social features and provides examples from Kazakh tales. In addition, the article focuses on the storyteller of fairy tales, as he reflects his social problems in the fairy tale. The article examined five tales about Aldar Kos - as a hero-protector of the people i.e. social dreams of the people, geographical features of the image of Alash Khan - urban and nomadic type of khan, the problem of infertility in the fairy tale “Yer Tostik”. The narrator’s social problems were analyzed based on the tale “Who is Strong”.


2010 ◽  
Vol 48 (2) ◽  
pp. 321-342 ◽  
Author(s):  
Eka Srimulyani

Matrifocality has been a rooted tradition in the social history of the community in Aceh. The principles of matrifocality have also affected on how women are positioned in the community, and the socio-gender relation within the community. The fact that Aceh has strongly associated to the Islamic values that claimed to support the paternal traditions. Apparently, the Islamic values and the local matrifocality practices juxtaposed through the roles of adat, which considered as inseparable to Islamic law or teaching, or in local term known as zat ngeun sifeut. Another point in revisiting matrifocality in Aceh in Aceh is an examination of how gender state ideology, particularly during the New Order Regime disregarded some local gender practices across some ethnics in the archipelago. Meanwhile, the state also hegemonied and promoted particular gender state ideology such as state ibuism. Nonetheless, the modernity and social changes have also contributed to the shifting of some matrifocality practices in contemporary Acehnese society. However, since the matrifocality has a strong root in the social life of the community, the principles of the matrifocality still survived until currently, although it transformed into ‘new matrifocality’ practices.


2021 ◽  
Vol 5 (1) ◽  
pp. 191
Author(s):  
Lukman Hakim ◽  
Ahmad Sunawari Long

Tulak Breuh is a customary practice related to Islamic law and theology in the social life of the Acehnese people. This article discusses the discourse on fidyah of prayer in fiqh, the practice of the tulak breuh tradition, and the analysis of law theology on the practice of tulak breuh tradition. The methods of study combine library research and field research simultaneously. Data collection techniques were conducted through interviews and literature studies. From the results of research conducted, it is found that there are two opinions of ulema regarding the fidyah of prayer. The first is the Hanafi madhab and some of the Shafi'iyah ulema who allow the practice of fidyah of prayer. The second is Maliki, Hanbali, and Shafi'i madhab (a strong mu'tamad) do not allow the practice of fidyah of prayer. The opinion that allows fidyah of prayer is based on the qiyas of the existence of fidyah for people who leave fasting and the fact that everyone must have left his prayer during his lifetime. Meanwhile, those who claim there is no fidyah for prayer are due to the strict prohibition against leaving prayer and there is unacceptable for a Muslim to leave a prayer. A special team, who is intentionally invited to pay fidyah when someone dies, organizes the implementation of tulak breuh tradition. The implementation of tulak breuh is done by handing over the amount of rice in turn as a substitute for the missed prayers by the deceased. However, theologically, the tulak breuh tradition can have implications for the emergence of a permissive attitude towards prayer as one of the pillars of Islam. Because this tradition provides opportunities and concerns, a lay believer can quickly leave prayer because he is sure that his heirs will redeem his missed prayers with fidyah when he dies.


Author(s):  
Suhirman .

Donated land based on wakaf in Indonesia has agreat potential to help fulfill the needs in the field of religion and socio economy of the society, the donation of lands in general must be managed effectively and efficiently based on the purposes and functions under Islamic Law. Donations of  land in Indonesia have been known and implemented by Muslims since Islam came to Indonesia. The wakaf  donation as one of the Islamic institutions in Indonesia has supported the religious life of Islam in particular and the social life of Indonesian in general. Almost all buildings functioned for the social and religious interests such as worshipping places, educational complex, hospital, bording houses, or public facilities stand on land donated by wakaf .  However, it is also realized that there arestill donated lands that have not been optimally managed. Donated in general and donated land based on wakaf  in particular if managed professionally  can give contributions to the community’s economy in order to develop public welfare. Wakaf  donations actually have agreat potential to be managed and empowered and turned into business purposes in accordance with the economic productivity, not only functioned as a means for worshipping places.


2020 ◽  
Vol 2 (1) ◽  
pp. 322-344
Author(s):  
Khalil Ur Rahman ◽  
Mohammd Riaz Khan Al-Azhari

غیر مسلموں  کی تقریبات میں شرکت کی حدود وقیود: ایک تجزیاتی مطالعہ This article aims to highlight an important aspect of Islamic Law, which relates to social life of a Muslim. Islamic law promotes social harmony and tolerance, but it makes it balance in the light of basic principles and objectives of Shar'īah. Likewise, Islamic law determines social relation between Muslims with each other as well as the relation of Muslims with Non-Muslim citizens in the Islamic state. Furthermore, it is very significant to know that a Muslim can participate in the traditional and religious functions of Non-Muslim or not? Islamic law has made some parameters in this regard, in this research paper we have focused on this specific issue of Islamic law and tried to explain the legal status of this issue in the light of Quran, Prophetic traditions, and opinions of Muslim Scholars. The research method applied in this paper is descriptive and critical study of different school of thoughts is also provided. Muslims have a long history of mutual contacts with the non-Muslims guided by the Shar’īah principles as they have come together in every age in different political and geographical contexts. In the early days of Islam, Muslims were in the minority. At that time, Muslims participated in the social life of their non-Muslims neighbors. Islam respects other religions. Provides all kinds of facilities to non-Muslims. And allows Muslims to participate in their legitimate programs.۔


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