scholarly journals Pembaruan Hukum Islam di Indonesia

TAJDID ◽  
2019 ◽  
Vol 26 (2) ◽  
pp. 215
Author(s):  
Ismail Ismail

In the early days of the entry of Islam in Indonesia the emphasis of Islamic teachings on legal aspects was not as strong as it is now. From the historical record, Islam that developed in Indonesia in the early days was very oriented towards tasawuf. This is because Islamic tasawuf who came to the archipelago, in certain aspects "fit" with the background of the local community influenced by Hindu-Buddhist asceticism and syncretism of local beliefs. In the next stage, Islam is oriented to Sufism, gradually becoming more oriented towards shari'ah. This change in orientation was partly due to a process of renewal or refinement that began in the 17th century and continues today. The Islamic law developing in Indonesia nowadays  has got much changing from its origin, syafi’iyah to moderate. The modernity of Islamic law that take long time is provable by appearing of the national fiqh mazhab (religious sect). To get the better understanding on the happening process, the writer  will divide into two periods of modernity. First is the initial period indicated by having  ijtihad and self-releasing on taklid or fanatic attitude to a certain mazhab. The Second period load the effort to bear the mazhab that is suitable to the national personality. This is called National mazhab later.

2016 ◽  
Vol 39 (2) ◽  
pp. 43
Author(s):  
Rodrigue Tréton

RESUMO:Nos estados cristãos do Ocidente mediterrânico, o notariado apareceu no século XII quando o escrevente da Alta Idade Média se tornara um oficial instituído pela autoridade pública, possuindo a capacidade simbólica, pela invenção do signum, de conferir um caráter autêntico a suas escrituras, preliminares (notas e breves) ou elaboradas (mundum, instrumento). A conservação de livros de ata, propriedade do notário e de seus herdeiros, permitia a preservação do registro completo ou de seu extrato muito tempo após a primeira redação. Em matéria de direito privado, essa inovação, consecutiva à renovação do direito romano, devia substituir vantajosamente o antigo procedimento, complexo, aleatório e limitado a certo tempo, da autenticação pela prova testemunhal. O empreendimento de descrever os primeiros tempos do notariado público no condado de Roussillon não é uma tarefa cômoda, principalmente em razão das carências da documentação, que se mostram, deste ponto de vista, particularmente incapacitantes. Não subsiste, de fato, nos arquivos locais, qualquer texto legislativo ou administrativo se referindo, de algum modo, à regulamentação e às condições de exercício deste ofício antes da metade do século XIII. Para este período inicial, que consiste na data de aparição da instituição notarial, seguindo sua difusão e buscando conhecer as primeiras etapas de sua evolução, a história somente tem o recurso de se apoiar no estudo diplomático dos registros privados. Trata-se, por consequência, de um trabalho particularmente extenso, consistindo em examinar atentamente as fórmulas da autenticação dos documentos da prática, a fim de discernir modificações ou variações significativas, suscetíveis de nos informar sobre as primeiras etapas da organização do ofício público. Foi a partir do reinado de Jaime Ide Aragão que apareceram os primeiros regulamentos visando enquadrar a prática notarial. Iniciava-se, então, um segundo período, cobrindo a segunda metade do século XIII e a primeira metade do século XIV, para o qual dispomos de um corpus de textos normativos que testemunham a natureza das questões ligadas ao controle de um ofício essencial, cujos profissionais, notários e escreventes públicos, tinham por principal função garantir a legalidade das transações econômicas e sociais de uma população eminentemente contratual e de preservar fielmente a memória disso. ABSTRACT:In the christian states of the mediterranean West, the notary appeared on the 12th century when the scribe of the High Middle Age has turned into an official set by the public authority, possessing the symbolic capacity, through the invention of signum, to confer an authentic character to your scriptures, preliminaries (notes and briefings) or elaborate ones (mundum, instrument). The conservation of record books, property of the notary and of its inheritors, would allow the preservation of the complete registry or of your extract a long time after the first redaction. When it comes to private law, this inovation, consecutive to the renewal of the roman law, should replace advantageously the old procedure, which was complex, random and limited to a certain time, of the authentication through the w itness test. The enterprise of describing the first moments of the public notary at the county of Roussillon is not a comfortable task, mostly because of the shortage of documentation, which show, from this point of view, particularly crippling.In fact, it doesn't subsist, in the local archives, any legislative or administrative text referring itself, in some way, about the regularization and the exercising conditions of that office before half of the 13th century. For this initial period, which consists on the apparition date of the notary institution, following its difusion and seeking knowledge about the first steps of your evolution, the history only has the resource to support the diplomatic study of the private records. As a consequence, it's about a particularly extense work, consisting on examining closely the authentication formulas of the practice documents, intending to discern modifications or significative variations, susceptible to inform us about the f irst organization steps of the public office. It started with the reign of Jaime Ide Aragão, when the first regulations appeared, seeking to frame the notary practice. Therefore, it was starting a second period, covering the second half of the 13th century and the first half of the 14th century, to which we disposed of a corpus of normative texts which wtiness the nature of questions connected to the control of an essential office, which all of the professionals, notaries and public scribes, had the function to guarantee the legality of the social and economic transactions of a population that is eminently contractual and to preserve accurately all of its memory.


2018 ◽  
Vol 22 (2) ◽  
Author(s):  
Almunauwar Bin Rusli

Abstract. This Article examines the interpretation ushul fiqh of KH. Sahal Mahfudh in Indonesia includes concept, methodology and contribution. This article shows that (a) the concept ushul fiqih of KH. Sahal Mahfudh have two models that antrophosentrism based on benefit of the local community and idealization of implementation of Islamic law as a ethnics, control and social liberation (b) KH. Sahal Mahfudh used two methodology that textual and contextual approach (c) The contributin of Ushul Fiqih KH. Sahal Mahfudh includes management of zakat for poverty, envirom=nmental preservation and relocation of prostitution. In summary, KH. Sahal Mahfudh Shows creativity to operate fiqh for respond social problem throught rational, operational and measurable action.  Keywords : KH. Sahal Mahfudh, Concept, Methodology, Contributions  Abstrak. Artikel ini mengkaji nalar ushul fiqh KH. Sahal Mahfudh di Indonesia yang meliputi konsep, metodologi dan kontribusi. Hasil kajian menunjukkan bahwa (a) Konsep ushul fiqh KH. Sahal Mahfudh terbagi atas dua model yaitu antroposentris berbasis kemaslahatan masyarakat lokal dan mengidealisasi adanya penerapan pelaksanaan hukum Islam sebagai etika, kontrol, serta sarana pembebasan sosial (b) Metodologi yang digunakan oleh KH. Sahal Mahfudh terbagi atas dua jalan yaitu tekstual dan kontekstual (c) Kontribusi yang menonjol dalam pengembangan ushul fiqh dari KH. Sahal Mahfudh meliputi pendayagunaan zakat untuk pemecahan problem kemiskinan, pelestarian lingkungan hidup, dan relokasi prostitusi. Kesimpulannya adalah KH. Sahal Mahfudh mengapreasiasi  penggunaan metodologi berpikir dan qai’dah fiqhiyyah. KH. Sahal Mahfudh menunjukkan kreativitas dalam mengoperasionalisasikan fiqh untuk merespons problem sosial melalui tindakan rasional, operasional dan terukur.    Kata Kunci : KH. Sahal Mahfudh, Konsep, Metodologi, Kontribusi  


2021 ◽  
Vol 13 (14) ◽  
pp. 7853
Author(s):  
Xiubai Li ◽  
Jinok Susanna Kim ◽  
Timothy J. Lee

The importance of community attitude and participation for the success and sustainability of cultural festivals has been steadily increasing in recent years. The Chuncheon Puppet Festival (CPF) is an international festival that has been held every year since 1989 in Chuncheon, Korea. The festival has several distinctive characteristics as a sustainable event because: (a) it maintains its single genre of puppet performances based on modern cultural art; (b) it is well-established as the festival for the local residents of Chuncheon City and is planned by local community residents and local small companies, not by government agencies or global large entrepreneurs; (c) it helps children to have an interesting cultural experience in the local environment; and (d) it is regularly hosted in August, an off-season for festivals in Korea that was chosen by residents as it is a school holiday season. However, there is still room for improvement to secure its place as a successful sustainable festival. The following might be considered: (i) increased exchange of human resources among the festival executive members, community groups, and the public staff in Chuncheon City; (ii) local residents should maintain full control of the festival; and (iii) a local cultural trust should be established by cultural art professionals, local resident organizations, puppet show professionals, and public agency staff. The CPF is a typical example of a successful sustainable festival with proactive and supportive community participation and a large number of volunteers that help to increase local competitiveness and sustainable local development. This case report delivers insightful lessons and messages to guide what needs to be preconditioned for local cultural festivals to be sustainable and successful for a long time in many destinations, where they can contribute as efficient catalysts for regional tourism development.


Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.


2018 ◽  
Vol 63 (2) ◽  
pp. 195-204
Author(s):  
Dragan Milenkovic ◽  
Milutin Milosavljevic ◽  
Aleksandar Bojic

The influence of ultrasound application on the extraction (UE) of the cake after sunflower seed pressing was studied. Three different solvents were used for extraction in the Soxhlet apparatus: n-hexane, petroleum ether and extraction petrol. Petrol for extraction showed the highest yield. It has been shown that the using of ultrasound improved the extraction kinetics in the initial period - washing, and in the second period - the diffusion of oil from the mass of the cake. The parameters of the non-stationary diffusion model with and without the use of ultrasound were k' = 0.039 min-1, k' = 0.026 min-1 and b' = 0.713, i.e. b' = 0.589, respectively. Oil yield was also slightly higher in the ultrasonically supported extraction.


Imaji ◽  
2017 ◽  
Vol 15 (1) ◽  
Author(s):  
Desti Kumala Sari

AbstrakPacu Jalur merupakan sebuah tradisi dari masyarkat Kabupaten Kuantan Singingi Provinsi Riau yang mengandung unsur seni berupa seni rupa, tari, musik dan sastra yang merupakan filosofi dari kehidupan masyarakat setempat serta di dukung oleh unsur olahraga dan magis. Percampuran tradisi ini menjadikan Pacu Jalur sebagai salah satu objek pariwisata unggulan Provinsi Riau yang berkembang sejak abad ke 17 sampai sekarang. Perkembangan ini tidak terlepas dari peranan masyarakat yang mampu menjaga dan melestarikan tradisi ini hingga sekarang. Adapun unsur kepercayaan masyarakat setempat yang sangat memegang teguh budaya nenek moyang sebagai bukti penghormatan dan perlindungan terhadap lingkungan, unsur magis sangat kental pada tradisi ini mulai dari awal sampai akhir prosesi yang tak luput dari pengaruh magis berdasarkan kepercayaan masyarakat setempat.Kata kunci: unsur magi, Tukang Tari, Pacu Jalur MAGIC ELEMENTS OF TUKANG TARI IN PACU JALUR DANCE TRADITION IN THE DISTRICT OF KUANTAN SINGINGI, RIAU PROVINCEAbstractPacu Jalur is a tradition in Kuantan Singingi regency of Riau Province, which contains art elements in the form of art, dance, music, architerature, and the philosophy of local community and supported by elements of sports and magic as well. The mixing of this tradition makes the Pacu Jalur as one of the leading tourism objects of Riau Province that developed since the 17th century until now. This development is not spared from the role of society that can keep and preserve this tradition until now. As for the element of belief of the local community that is strongly upholding the culture of the ancestors as a proof of respect and protection of the environment, the magic element is very thick in this tradition from the beginning to the end of the procession did not escape from the magic influence based on local beliefs.Keywords: magic element, Tukang Tari, Pacu Jalur


2018 ◽  
Vol 17 (3) ◽  
pp. 29-66
Author(s):  
Zbigniew Anusik

The research undertaken by the Author concentrates on Polish descendants of Regina, the elder of two daughters of King Sigismund I the Old and his long time mistress – Katarzyna Telniczanka. Until now, it was assumed that the last descendants of the king were his great-grandsons – Władysław Strasz of Białaczów and his sister Krystyna who lived in the first half of the 17th century. Thanks to the documents found by the Author, it was possible to establish that the mother of the above-mentioned Władysław and Krystyna – Urszula Strasz née Kreza, had a sister – Zofia, who married Baltazar Lutomirski. From her daughter, Zofia née Lutomirski 1st married Stanisław Trembiński (Trębiński), 2nd married Franciszek Szamowski, come all descendants of Sigismund I the Old and Katarzyna Telniczanka, both historical and living ones. The article presents a list of all the king’s descendants from the beginning of the 16th to the turn of the 18th and 19th century. In total, it was 114 people (58 men and 56 women). It is worth noting that until the end of the first quarter of the 17thcentury, the descendants of Sigismund I and Katarzyna Telniczanka were Calvinists. They were almost exclusively representatives of wealthy and middle-class nobles. There were no senators among them and only a few were land officers. Yet, the Author’s list of descendants of the penultimate Jagiellon on the Polish throne is by no means complete. In a few cases it was impossible to find a source that would confirm whether a married couple mentioned in the article had children. Many times the Author had to underline that the fate of a certain person is unknown to him. This stands a chance for further researchers to fill that gap.


2021 ◽  
Vol 7 (1) ◽  
pp. 190-142
Author(s):  
Khairul Nizam Bin Zainal Badri

Aceh is regarded as the strongest ally of the Ottomans in the east, in the 16th century and 17th century AD. At that time, the two governments exchanged gifts with each other, and benefited together; whether in the form of trade, or in the form of technology and the military. The historical record notes that Aceh started making official relations with the Ottomans during the reign of Sultan Salahuddin, which is the 2nd in the Sultanate of Aceh. Yet to be studied in this paper is that the establishment of diplomatic relations between Aceh and Turkey during the reign of Sultan Alauddin Mansur Shah. Remarkably, Sultan Alauddin Mansur Shah hailed from Perak, but was crowned the 8th Ruler of Aceh. This qualitative study uses the library approach entirely to highlight the role and contribution of Sultan Alauddin Mansur Shah in efforts to strengthen cooperation between Aceh and Turkey. With the help of the Ottomans, he launched an attack on the Portuguese in Melaka. Aceh’s strength even feared by the Portuguese authorities in Goa, India, forcing them to seek assistance from Lisbon. In conclusion, Sultan Alaudin Mansur Shah not only gained recognition from the Ottoman government but also succeeded in upholding the greatness of Islam; when reviving the trade routes of Muslims and looking after the welfare of Muslims in the archipelago.


Author(s):  
Marianna Bátoriné Misák ◽  

Abstract. “Who Can Find a Wise Woman?” Some Insights into the Education of the Wives of 16th-17th-Century Calvinist Priests. The paper examines the literacy of pastors’ wives during the 16th-17th centuries. For a long time, the opportunity for women to acquire literacy was only the privilege of the upper social strata, but literacy was not widespread among them either. This trend came to an end in the 17th century, for which period we also found examples of the literacy of urban citizens. The daughters of the lower social strata were prepared primarily to be good wives, housewives, and good mothers in the family, especially next to their mothers. Examining the preachers’ wives as a well-defined social group is a problem due to the scarcity of resources. In most cases, we know nothing but the name of the preacher’s wife, and we do not have information about their origins and families; if we do, however, then their social situation and the occupation of their parents provide a basis for research into their education. The conclusion of the research is that even if they did not receive a formal education, the 16th-17th-century Calvinist pastors’ wives were educated women. In many cases, this knowledge – primarily wisdom, life experience, and piety – and the virtues necessary for the roles of housewife, mother, and wife were the main aspects of choice for their husband. Keywords: pastor’s wife, Protestantism, literacy, 16th-17th century


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