scholarly journals [‘Urf in The Interaction of The Indigenuos People Tradition in Malaysia] Pertimbangan Uruf dalam Interaksi Tradisi Masyrakat Orang Asli di Malaysia

2020 ◽  
Vol 21 (2) ◽  
pp. 170-188
Author(s):  
Paiz Hassan ◽  
Mohd Anuar Ramli
Keyword(s):  
Indigenous People ◽  
Islamic Law ◽  
Religious Life ◽  
Orang Asli ◽  
Library Research ◽  
The Law

The indigenous people are rich with unique customs and culture that have been passed down through ages. These people are deeply influenced by the beliefs of animism and nature. They uphold the custom practised in all aspects of life. The presence of Islam at the centre of their lives brought significant changes in the framework of religious life to the belief in the Oneness of God and at the same time clashes occurred with local custom. To oppose the tradition means to create disagreement with the locals and erode their identity which will lead to conflict if it is not managed in harmony. Nevertheless, Islam is a universal religion which is able to play a role in interacting with local customs through various instruments, including the `urf. In this regard, this study aims to discuss the role of `urf in managing the culture of the indigenous people. To achieve the objective, the researchers have utilized the library research by referring to the literatures related to the discussion of Islamic scholars in various disciplines of fiqh and usūl al-fiqh. The research found that the tradition of the indigenous people can be maintained, either to be fully accepted when it is not contradicted to the Islamic law, or to be modified so it will be parallel with the standard of the `urf. Whereas, tradition which violates the law especially the practice of animism is intransigently rejected. Masyarakat orang asli kaya dengan pelbagai adat resam dan budaya unik yang diwarisi sejak turun temurun. Tradisi mereka banyak dipengaruhi oleh kepercayaan animisme dan alam semula jadi. Mereka menjunjung tinggi adat yang diamalkan dalam segenap aspek kehidupan. Kehadiran Islam di tengah kehidupan mereka membawa perubahan yang signifikan dalam kerangka kehidupan beragama kepada kepercayaan Tuhan yang Esa dan pada masa yang sama berlaku pertembungan dengan adat masyarakat setempat. Menentang tradisi bererti membawa kepada permusuhan dengan warga setempat dan menghilangkan identiti mereka sehingga jika tidak dilestarikan secara harmoni akan menimbulkan konflik. Namun begitu, Islam sebagai agama yang universal mampu berperanan dalam interaksi dengan adat setempat melalui pelbagai instrumen antaranya adalah uruf. Sehubungan itu, kajian ini akan membincangkan peranan uruf dalam menangani budaya masyarakat orang asli. Bagi mencapai objektif tersebut, pengkaji menggunakan kajian kepustakaan sepenuhnya dengan menelusuri literatur berkaitan dengan perbincangan sarjana Islam dalam pelbagai disiplin ilmu fiqh dan usul fiqh. Hasil kajian mendapati tradisi masyarakat orang asli boleh dikekalkan sama ada diterima sepenuhnya sekiranya tidak bertentangan dengan hukum syarak atau dilakukan modifikasi supaya selari dengan piawaian uruf. Manakala adat yang menyalahi terutamanya fahaman animisme ditolak sepenuhnya tanpa kompromi.

Isolasi Sosio-Budaya Masyarakat Orang Asli di Malaysia dan Kesannya Terhadap Pentafsiran Hukum Islam

2020 ◽  
Vol 21 (1) ◽  
pp. 1-20
Author(s):  
Paiz Hassan ◽  
Mohd Anuar Ramli
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Islamic Law ◽  
Way Of Life ◽  
Low Literacy ◽  
Orang Asli ◽  
Library Research ◽  
Local Background ◽  
Negative Perceptions ◽  
Closed Door

Majority of the indigenous people who are the original inhabitants in Malaysia inhibit the remote area of tropical forest which is rich in natural resources. Their lives are separated from the outside community due to several factors such as geography, low literacy, negative perceptions of the surrounding community, and the closed-door attitude of the indigenous people. Consistent preaching activities have changed the faith of the indigenous people from animism orientation towards believing in the Oneness of God. The practice of Islam as a way of life in the lives of indigenous peoples is found to be difficult to practice because the fiqh approach presented to them does not celebrate their local condition. In this regard, this study will examine the socio-cultural isolation of indigenous peoples and their impact on the interpretation of Islamic law. To achieve this objective, the researchers have applied the library research method by referring to the literatures related to the discussion of Islamic scholars in various disciplines of fiqh and usūl al-fiqh. The research found that there is rukhsah and taysir approach given to isolated people as well as with local background to facilitate the religious affairs of the indigenous people. Abstrak Majoriti masyarakat Orang Asli yang merupakan penduduk asal di semenanjung Malaysia mendiami kawasan pedalaman di hutan hujan tropika yang kaya dengan khazanah alam. Kehidupan mereka terasing daripada masyarakat luar disebabkan beberapa faktor seperti geografi, kadar literasi yang rendah, pandangan negatif masyarakat sekitar dan sikap tertutup masyarakat Orang Asli. Gerakan dakwah yang dijalankan secara konsisten telah membawa perubahan kepercayaan sebahagian masyarakat Orang Asli daripada berorientasikan animisme kepada mempercayai Tuhan yang Esa. Pengamalan Islam sebagai cara hidup dalam kehidupan masyarakat Orang Asli didapati agak sukar untuk dipraktikkan lantaran pendekatan fiqh yang disampaikan kepada mereka tidak meraikan suasana setempat mereka. Sehubungan itu, kajian ini akan meneliti keadaan isolasi sosio-budaya masyarakat Orang Asli dan kesannya terhadap pentafsiran hukum Islam. Bagi mencapai objektif tersebut, pengkaji menggunakan kajian kepustakaan sepenuhnya dengan menelusuri literatur berkaitan dengan perbincangan sarjana Islam dalam pelbagai disiplin ilmu fiqh dan usul fiqh. Hasil kajian mendapati terdapat rukhsah dan pendekatan taysir diberikan kepada mereka yang hidup terasing serta berlatar belakang budaya setempat bagi memudahkan urusan keagamaan masyarakat Orang Asli.

scholarly journals Illat, Hilah, dan Hikmah Sebagai Pertimbangan Perubahan Hukum Islam

2021 ◽  
Vol 3 (2) ◽  
pp. 221-238
Author(s):  
Abdur Rakib ◽  
Zakiyah Muhammad Jamil
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Social Community ◽  
The Rule Of Law ◽  
Legal Instrument ◽  
Library Research ◽  
Legal Statement ◽  
The Law

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.

Illat, Hilah, dan Hikmah Sebagai Pertimbangan Perubahan Hukum Islam

2021 ◽  
Vol 2 (2) ◽  
pp. 195-203
Author(s):  
Abdur Rakib ◽  
Zakiyah Muhammad Jamil
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Social Community ◽  
The Rule Of Law ◽  
Legal Instrument ◽  
Library Research ◽  
Legal Statement ◽  
The Law

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.

The Muslim and the Law: A Brunei Experience

2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin
Keyword(s):  
Islamic Law ◽  
Critical Factor ◽  
Legal Issues ◽  
Core Element ◽  
The Core ◽  
Ideal System ◽  
The Law ◽  
Islamic Values

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

scholarly journals Peranan Tuan Guru Ormas Islam Nahdlatul Wathan di Lombok Wadah Ajaran Keagamaan dan Sosial (Islam)

2021 ◽  
Vol 5 (2) ◽  
pp. 221
Author(s):  
Jun Mawalidin
Keyword(s):  
Theoretical Analysis ◽  
Research Method ◽  
Religious Life ◽  
Religious Expression ◽  
Religious Traditions ◽  
Library Research ◽  
Mass Organization ◽  
Very High ◽  
High Place

<p class="05Abstrak">Abstract</p><p class="06IsiAbstrak">The teachings of Islam for the Sasak people get a very high place in carrying out their daily religious life in accordance with the teachings of their religion. The purpose of this study is to analyze theoretical analysis on Islamic religious traditions that have existed in the Sasak community since the beginning of their entry, placing more emphasis on strengthening religious practices or rituals that at a glance place great importance on religious expression. This research method uses the library research method about the role of the Nahdlatul Wathan Islamic mass organization figure in Lombok. The results showed that Nahdlatul Wathan focused on three areas of development, namely education, social and da'wah. The presence of Tuan Guru on the island of a thousand mosques gives a different feel. Bahklan is a characteristic of society, its influence can be felt in various fields, not only in the field of education, in politics but also in the executive field. </p><p class="06IsiAbstrak"><strong>Keywords:</strong> Tuan Guru, Community, Lombok, Nahdlatul Wathan.</p><p class="061AbstrakIndonesia">Abstrak</p><p class="061IsiAbstrakIndoneia">Ajaran Islam bagi masyarakat sasak mendapatkan tempat yang sangat tinggi dalam menjalankan kehidupan keagamaannya sehari-hari sesuai dengan ajaran agama yang dianut. Tujuan dari penelitian ini adalah melakukan telaah teori analisis pada Tradisi keagamaan Islam yang terdapat di masyarakat Sasak sejak awal masuknya, lebih menekankan pada penguatan-penguatan amalan atau ritual keagamaan yang secara sepintas sangat mementingkan ekspresi keagamaan. Metode penelitian ini menggunakan metode <em>library research</em> tentang peranan tokoh ormas islam nahdlatul wathan yang ada di lombok. Hasil penelitian menunjukkan bahwa Nahdlatul Wathan fokus pada tiga bidang pembangunan, yaitu pendidikan, sosial dan dakwah. Kehadiran Tuan Guru di pulau seribu masjid memberikan nuansa yang berbeda. Bahklan merupakan ciri khas masyarakat, pengaruhnya dapat dirasakan di berbagai bidang, tidak hanya di bidang pendidikan, di bidang politik tetapi juga di bidang eksekutif.  </p><p class="05Abstrak"><strong>Kata kunci:</strong> Tuan Guru,<em> </em>Masyarakat, Lombok, Nahdlatul Wathan.</p>

scholarly journals CONTEXTUALISING ISLAMIC LAWS

2018 ◽  
Vol 13 (2) ◽  
pp. 313-338
Author(s):  
Moh. Dahlan
Keyword(s):  
Analytical Approach ◽  
Islamic Law ◽  
Religious Life ◽  
Economic Reforms ◽  
Freedom Of Religion ◽  
Economic Welfare ◽  
Economic Aspects ◽  
Role Of Religion ◽  
New Criteria

This paper by using the ijtihad paradigm of maqâshid al-syarî’ah of Jasser Audah and the descriptive-analytical approach, would like to emphasize that the role of religion and economic welfare are two things that cannot be separated. Although in practice these two things often face obstacles, especially in the matter of diversity in religious life because of the superficial ijtihad paradigm of Islamic law. Based on the contemporary paradigm that seeks to provide new criteria in the conception of qath’i al-dlilalah and dlanni al-dlilalah, it can be stated that the contemporary Islamic law paradigm that needs to be built must be based on (a) the development of citizens’ welfare Muslims, but also must be the same as non-Muslims because of that we need to carry out financial and economic reforms (al-ishlâh al-mâlî wa al-iqtishâdî); (b) protection of freedom of thought (hurriyah al-tafkîr) and freedom of religion (hurriyah al-i’tiqâd) is an important aspect that must be maintained to guarantee the peace and harmony of the nation’s life in the territory of Indonesia. Therefore, the religious and economic aspects must be prioritized for their protection and safety.

scholarly journals PERAN SAYYIDAH ‘AISYAH DALAM PEMBENTUKAN HUKUM ISLAM BERWAWASAN GENDER

EGALITA ◽  
2012 ◽  
Author(s):  
Ahmad Izzuddin
Keyword(s):  
Social Welfare ◽  
Gender Inequality ◽  
Islamic Law ◽  
Middle Age ◽  
Early Age ◽  
The Family ◽  
The Law ◽  
Role Of Women ◽  
Law Construction

Islamic law and women are one of mostly debated discourses bycontemporary Islamic thinkers particularly those who are gender issuesproponents. That discourse grows due to the accuse towards Islam thatthis religion is the source of gender inequality for women through outmuslim world especially in education, fairness and domestic freedom aswell as social welfare in the family. The assumption is that Islamic law ismale-based law. Therefore, it is a need to explore the note on Islamic lawdevelopment which is perceived from the role of women in the early age oflaw construction not from the aspect of the thought of classical ulama inthe middle age. This paper tries to explore and to discuss mainly the role ofSiti Aisyah as the teacher and the transmitter of hadith as the foundation ofIslamic law construction to underline women’s position and contributionas the law maker that it will prove that Islamic law is not merely men-basedlaw as the assumption grows.

scholarly journals Analisis Hukum Bunga Bank Ditinjau dari Perspektif Maqashid Syariah

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Sya Rifah Isnaeni
Keyword(s):  
Islamic Law ◽  
Conceptual Approach ◽  
Operational Costs ◽  
Library Research ◽  
The Law ◽  
The Difference ◽  
Conventional Banks

The background of this research is the exixtance of the difference opinion between ulama and moslem scholars about the law of interest in Islam, which is until now still not discovered the solusion opinion and it make interesting for the researcher to make a research about the object more deep and more wide. But the researcher will not use Islamic law perspective as analysis basic, the researcher will use the objectives of sharia as analysis basic.This research is limited by several problems as following: (1) Why bank interest is needed by conventional banks? And (2) How is the law of interest if observed from the objectives of syariah (maqashid sharia)?This research is a library research. In this research the researcher choose to use a conceptual approach because the purposes which need to be achieved trouhg this research is to result an Islamic law thought about the law of interest which is not being bounded by the opinions or theories launched by majority of the moslem scholar. So this research can originally refer to the objectives of the sharia as what has been agreed by majority of ulama.The results of this research there are: (1) the interest is a money amount addition which have to paid by bank to the costumer based on the loan percentage that given by bank to their customer. Bank interest is used for the Bank's operational costs, if there is no interest instrument, it is likely that the Bank will not be able to survive. And (2) there are three opinions of ulama’s law judgments about the law of interest, it is forbidden (haram), permitted (halal) and dubious (shubhat). If this law opinions observed based on the objevtives of sharia, the researcher can make a conclusion that the opinion which is permit the interest is the most according to the objectives of sharia, and it is related to the concept of hifz al-nafs (take care of soul) and hifz al-mâl(take care of property) than the opinion whih has been forbid the interest. The permitted law of interest in the concept of hifz al-nafs (take care of soul) can be located in the dharuriyah, hajiyah and tahsiniyah degrees. While The permitted law of interest in the concept ofhifz al-mâl(take care of property)can be located in the dharuriyah and hajiyah degrees. Keywords: Interest, Usury, Maqashid Sharia, hifz al-nafs (Take care of soul), hifz al-mâl (Take care of Property).

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