scholarly journals Hadis dalam Perspektif Hizbut Tahrir Indonesia (HTI)

2021 ◽  
Vol 1 (1) ◽  
pp. 23-35
Author(s):  
Fahrudin Fahrudin
Keyword(s):  
Analytical Methods ◽  
Islamic Law ◽  
Human Life ◽  
Central Figure ◽  
Existing Data

This article discusses the thoughts of Hizb ut -Tahrir (HT) on the hadith of the Prophet, especially in relation to the Khilafah. In HT's belief that the hadith of the Prophet related to the baiat and the caliphate is an Islamic teaching that must be fought for, because the Islamic caliphate system has been applied by the Prophet and the khulafaurasyidin and is a concrete proof of the welfare of human life and harmony experienced by society in his time because of upholding Islamic law in kaffah. To be able to describe how HT's view of the hadith, the author collected good literary data from the writings of Taqiyudin al Nabhani himself who was a central figure in the HT group and did not miss the thoughts of his followers or those who opposed HT's own thoughts. . After the author collected some of the necessary data, the author then read and analyzed the thought flow of Hizb ut -Tahrir. By using descriptive analytical methods that eventually produce conclusions based on the results of studies on existing data

scholarly journals The Religious Responsibilities of the Rulers; Prophet PBUH as a Role Model

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
Author(s):  
Ahmed Abdul Rehman ◽  
Ussama Ahmed ◽  
Ahmed Abdullah
Keyword(s):  
Role Model ◽  
Islamic Law ◽  
Human Life ◽  
Self Esteem ◽  
Substantial Effect ◽  
Public Confidence ◽  
The People ◽  
The Right ◽  
Material Values ◽  
Islamic Society

ISLAM is the religion that emphases on the overall human life. It covers all aspects of the physical body, the soul or the spirit, the emotion and the intellect. The Almighty Allah has stated that, True believers those who, if we give them power in the land, establish regular prayer and give zakat, enjoin the right and forbid wrong. That So, we can highlight from these directives of the holy Quran that the religious responsibilities of the Muslim rulers are that they protect the Divine bounds; defend the religion and invite the people to Allah by means of argument and good advice. A ruler is a trustee of the people and vicegerent of Allah. The ruler of a Muslim state has, among other things, to enjoin what is right and forbid what is wrong. What could be right and wrong has been clearly identified in the Quran and sunnah. Some of the acts and behaviors identified which can be promoted more appropriately through positive measures like counselling, motivation, preaching, guidance, creation of appropriate environment, and other similar measures. The most effective of these measures could, however, be what is called exemplifying. It would mean that the ruler should do himself what is right and refrain from doing what is wrong and thereby set an example. Leading by exemplifying has deep psychological and substantial effect on others to follow and emulate. Therefore, the Seerah of the prophet PBUH is the best source for us in this regard. However, it encompasses the efforts made to develop human-being or individual who is pure of heart, pure in mind and pure in deeds where he can function as a member of society, who is civilized and has a high self-esteem. An individual’s awareness towards one’s responsibilities and a high self-esteem can bring for a peaceful and harmonious nation. Thus, the establishment of the Islamic society base on the voice of development together with material values and humanity. Because of which, the role of leaders of Islamic society must be proactive in plotting the path of educational system of the nation based on piety and faith. As for the obligations of ruler in the light of Seerah, I shall refer to the principles which Al-Mawridi r.a has discussed: The preservation of the Faith, true to its origin and in keeping with the consensus of those who participated in the founding of the Ummah, Defense of the Realm. He must carry out the Hadd punishments to ensure the limits prescribed by Allah and so that the rights of general public shall be protected. The other responsibilities are implementation of the principles of Islamic Law, governing disputes, The active propagation of the Faith, The collection of various taxes required by the Shariah, The provision of financial assistance and the assessment of claims against the Treasury, To be solicitous of the public confidence, and to consider fully the council of his advisors in their areas of responsibility, To actively oversee all aspects of government, and to keep himself well and widely informed. This paper thus discusses on the responsibilities of a ruler from the Seerah perspective.

scholarly journals Criminal Force: Review of Islamic Law in Contemporary Context

Fahm-i-Islam ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 19-38
Author(s):  
Dr. Zainab Ameen ◽  
Sana Zia
Keyword(s):  
Human Body ◽  
Islamic Law ◽  
Human Life ◽  
Crimes Against Humanity ◽  
Human Beings ◽  
Contemporary Context

Like the limits of crime, crimes against human life and body are also very dangerous in terms of their effects, so the Qur'an has fixed their punishment for them. Islamic law has set specific punishments for it, and it does not allow any kind of crime to be reduced. These crimes have schakled the very basis of society and they have to be dealt with severely. The basic elements of society are the need to protect the structures on which the lives and deaths of society depend. These crimes can be basically divided into two types: 1.Crimes against human beings (e.g. murder) 2.Crimes against the human body. There is a long way to go around, and in the meantime, this kind of research is needed, the seriousness of which is far greater than the rest of researches. This article examined the crimes against humanity in the light of Islamic law.

scholarly journals GUGAT CERAI: MEMBEBASKAN PREMPUAN DARI PENDERITAAN

QAWWAM ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 101-122
Author(s):  
Nurmala Fahriyanti
Keyword(s):  
Life Cycle ◽  
Social Development ◽  
Islamic Law ◽  
Human Life ◽  
Daily Basis ◽  
State Law ◽  
Legal Systems ◽  
Religious Law ◽  
The Family

In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle.  Someone is not considered an adult until marriage.  Marriage is not only united two individual, but also united two families. However this dream canot be realized over the long term.  If family problems arise and  there are no suitable solutions, people may choose to divorce. For instance, if a wife unable to fulfill her obligations as a wife, her husband can divorce her by verbal means alone, according to any of the three existing legal systems (religious customary or state law). By contrast, if her husband unable to fulfill her obligations as a husband his wife can divorce him in only one way by making an application to Islamic Court to do divorce. In marriage available successful couple builds the family that sakinah, mawaddah and warahmah. But then available also that unsuccessful and end with separate or divorce. Separate constitutes a thing that often happens deep good human life divorce the initiating from the husband and also divorce the initiating from the wife, that its cause islamic law puts attention that adequately significant to that thing. It can appear if understand about islamic law, undoubtedly will find both of previous thing and its terminological  islamic law. There is no divorce without started by marriage. But upon that aim not attained, therefore divorce constitutes last way out that must been sailed through. Divorce can't be done but there is grounds which corrected by religion, adat and state law. In islamic law, that divorce grounds experience developing according to social development. Basically islamic law establishes that divorce reason which is wrangle which really culminates and jeopardize the so called soul safety with “ syiqaq ”. Intention is if worried a couple its happening dispute (dispute not only means wrangle among husband or wife can also distinctive principle and opinion) therefore delegate a someone of its husband family and a someone of wife family. And if both of wife and husband will goodness and they can make resolution and look for the solution, but if there are suitable solution wife or husband can do divorce.

scholarly journals BPOM JAMBI MONITORING SYSTEM AGAINST CIRCULATION OF FOOD PRODUCTS WITHOUT CIRCULAR PERMITS IN JAMBI CITY REVIEW ACCORDING TO ISLAMIC LAW

2019 ◽  
Vol 7 (7) ◽  
pp. 343-350
Author(s):  
Siti Marlina
Keyword(s):  
Traditional Medicine ◽  
Monitoring System ◽  
Islamic Law ◽  
Human Life ◽  
Food Products ◽  
Crime Rates ◽  
Quality Requirements ◽  
Space And Time ◽  
Political Conditions ◽  
The Government

Crime is a phenomenon of human life and society, therefore it cannot be released from space and time. The rise and fall of crime rates depends on the circumstances of the community, political conditions, economy, culture and so forth. Based on the results of research at the Jambi BPOM, the problem of crime and violations is a phenomenon that cannot be implemented in people's lives. However, not all people obey the regulations made by the government, many cases of violation of food products without marketing licenses have been successfully disclosed, for information, in 2013 to 2015, a number of 19 cases of drug circulation, cosmetics, traditional medicine and health supplements, food, which does not meet security, benefits, and quality requirements with a nominal value of Rp. 423,769,000 including: 10 cases in the field of medicine, 2 cases in the field, 5 cases in the field of cosmetics and 2 cases in the field of food. successfully revealed and has been submitted to court.

scholarly journals 'MAQASID AL-SHARIAH' IN ISLAMIC BANKS BEFORE VALUE-BASED INTERMEDIATION IMPLEMENTATION

2021 ◽  
Vol 18 (2) ◽  
pp. 173-189
Author(s):  
Sharifah Faigah Syed Alwi ◽  
◽  
Fateha Abd Halim ◽  
Tengku Dewi Ahdiyaty Tengku Ahmad Mazlin ◽  
Aizurra Haidah Abdul Kadir ◽  
...  
Keyword(s):  
Qualitative Methodology ◽  
Islamic Law ◽  
Human Life ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Structured Interviews ◽  
The Public ◽  
Library Research ◽  
Banking Institutions ◽  
Banking Operations

Bank Negara Malaysia (BNM) had introduced Value-Based Intermediation (VBI) initiatives to help Islamic banks implement a structuralised form of maqasid al-shariah (objectives of shariah (Islamic law)) in their banking operations. Thus, questions were raised by the public on whether or not Islamic banking institutions in Malaysia had been achieving maqasid al-shariah in their banking operations prior to VBI. This paper aims to discuss the real concept of maqasid al-shariah that should be realised in Islamic banks and investigate whether Islamic banks had truly been achieving maqasid al-shariah in their banking operations before the introduction of VBI. Library research is conducted to obtain information on maqasid al-shariah and the qualitative methodology is adopted to gain information from three bankers representing three Islamic banks in Malaysia via semi-structured interviews. The researchers found that the fundamental concept of maqasid al-shariah in Islamic banks includes the protection of religion, life, intellect, progeny and wealth in human life through the products and services offered by the banks. The Islamic banks were found to have developed their products and services to achieve maqasid al-shariah even before VBI was introduced by BNM. However, with VBI, a proper framework in achieving maqasid al-shariah has been developed.

scholarly journals TEORI KEADILAN DALAM PERSPEKTIF FILSAFAT HUKUM DAN ISLAM

2018 ◽  
Vol 14 (2) ◽  
pp. 27-44
Author(s):  
Muhammad Kurniawan Budi Wibowo
Keyword(s):  
Social Justice ◽  
Islamic Law ◽  
Human Life ◽  
General Concept ◽  
Legal Philosophy ◽  
Human Interest ◽  
Theory Of Justice ◽  
Divine Justice ◽  
The World ◽  
The Law

The existence of Islamic law in the world is to regulate human life, both as a person and as a member of society in order to behave according to the wishes of the Creator. This is different from the general concept of law which is only intended to regulate human life as members of society or in other word the law exists because of the conflict of human interest. Among the problems in the philosophy of Islamic law, the most frequent discourse is about the issue of justice in relation to the law. This is because the law or regulation must be fair, but in fact it is often not. This paper will describe this issue of justice from the perspective of legal philosophy and Islam. In the perspective of legal philosophy, the author will only parse the theory of justice Aristotle and John Rawl. Whereas in the perspective of Islamic legal philosophy, the author will parse the theory of the Muktazilah and Asyariyah divine justice, and the Islamic Maqasyid Theory as the ideals of Islamic legal social justice.

scholarly journals The importance of Hadith and Sunnah in Islamic way of life: A research review

2020 ◽  
Vol 03 (01) ◽  
Author(s):  
Naseem Akhtar ◽  
Husn Ara ◽  
Abdul Haleem Abid
Keyword(s):  
Islamic Law ◽  
Research Paper ◽  
Research Review ◽  
Secondary Source ◽  
Way Of Life ◽  
Central Figure ◽  
Holy Quran ◽  
The Holy Quran ◽  
Religious Problems ◽  
The Way

Muslim Ummah agrees that correct and authentic Ahadith are building over all the Muslims. Several verses of the Holy Quran commands sincere obedience of the Holy Prophet (peace be upon him) is obligatory and is a religious duty of a Muslim. The way of the obedience of the Holy Prophet (peace be upon him) is to follow his footsteps and his teachings. His correct Ahadith should be referred in resolving all sort of religious problems and his authentic Ahadith are secondary source of Islamic law after the Holy Quran, because our Holy Prophet (peace be upon him) is a central figure of Islam. In this research paper, in the light of the views of experienced lexicographers, the lexical and intellectual meanings of the Sunnah has been explained; and importance of Hadith-o-Sunnah has been explained to live the life in Islamic manner.

scholarly journals PERKEMBANGAN PERJANJIAN DALAM PRAKTIK PERDAGANGAN (PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF)

JURISDICTIE ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 219
Author(s):  
Cindawati Cindawati
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Contract Law ◽  
Civil Code ◽  
Public Order ◽  
Freedom Of Contract ◽  
Positive Law ◽  
Legal Consequences

Agreement in human life to protect the rights and obligations are balanced. Differences in Islamic Law Perspective: Halal, agreed, able, without coercion, consent and Qobul. While the perspective of Positive Law: agree, capable, certain things, certain circumstances in accordance with Article 1320 of the Civil Code. The equation embracing principle of freedom of contract (al-Hurriyah) Islamic law is based on freedom of contract and volunteerism of each of the parties to a transaction (Q.S.An-Nisa ', 29). Give freedom to every person doing contract as desired, specify its legal consequences are religious teachings. The development of standard agreements in practice must be based on Sharia Principles provide benefits both parties, within the limits of lawful and unlawful, and the limits of public order and contract law, the provisions of Islamic law which is original. Perspective Positive Law: Principles embraced Open, gives the broadest freedom has entered into agreements contain anything, does not violate public order and morality. Rapid trade development followed the model "Standard Agreement". Business actors prepare raw clauses in the Agreement and can be accepted by the community. Raw agreements as a form of efficiency, the parties benefit and advantage to both parties.

scholarly journals Moderasi Hukum Islam dalam Pemikiran Ahmad Hasyim Muzadi

2017 ◽  
Vol 11 (2) ◽  
pp. 313-334
Author(s):  
Moh Dahlan
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Human Life ◽  
Legal Discourse ◽  
Empirical Level ◽  
Clear Thinking

This study aims to examine the paradigm of moderate ijtihad by Ahmad Hasyim Muzadi and moderation discourse of Islamic law that was built by Ahmad Hasyim Muzadi. This study used the approach is the thought of Milton K. Munitz. This study showed that the paradigm of moderate ijtihad that built by Ahmad Hasyim Muzadi should not be based on the texts of Islamic law only, but also to be devout and clear thinking, honest, and sincere. In this way, the moderation  of Islamic law discourse that resulted will bear the legal system that is inclusive and accommodated to the dynamics of human life. Islamic legal discourse that has a balance and fairness in enforcement at the empirical level

scholarly journals AKTUALISASI MAKNA SYARÎ’AH DAN FIQH DALAM KONSEP HUKUM ISLAM

2013 ◽  
Vol 4 (2) ◽  
pp. 229-242
Author(s):  
Bustami Saladin
Keyword(s):  
Islamic Law ◽  
Human Life

Islamic law is in accordance with its dimension in a history, thatmakes the content of the study in its dimension always appearsany system or method. That’s why in Rasulullah saw era,Islamic law is based on Allah swt’s revelation and Rasulullah’sjudgment, namely, Islamic law in Alquran and Sunnahperspectives. The purpose of declaring Islamic law is applyingand protecting the benefit for people. It is applied in Islamic lawthat concerns all aspects of human life that has three aspects:dharûriyah (primary), hajiyah (secondary), and tahnisiyah(complementary).

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