scholarly journals MELIHAT WAJAH ISLAM DARI ORIENTALIS: TELAAH NALAR ORIENTALIS TENTANG HUKUM ISLAM

Al-MAJAALIS ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 412-424
Author(s):  
Moch. Nurcholis
Keyword(s):  
Islamic Law ◽  
Religious Tradition ◽  
Point Of View ◽  
Religious Traditions ◽  
Analysis Techniques ◽  
Library Research ◽  
Umayyad Dynasty ◽  
The Face ◽  
Descriptive Writing ◽  
Data Library

Orientalists, in their viewpoint, place the eastern-Islamic world as an opponent that must be weakened. One of their efforts is done by portraying the face of Islam and Islamic law according to their own constructed point of view. This descriptive writing describes the orientalist view of Islam and Islamic law based on authoritative references in the theme of this study. The data used comes from library data (library research). The technique of collecting data is done in documentation, while the analysis is done with content analysis techniques. The result of the study in this paper conclude three things. First, Islam is not a religion that originates from God according to the orientalist view, but it is considered a form of religious tradition that continues the Christian and Jewish religious traditions. Second, the orientalists are of the view that Islamic law is a product of thought that was systematically compiled in detail in the era of the Umayyad dynasty and the beginning of the Abbasid era. Third, the emergence of these two orientalist views is due to their limited reading toward Islam as to complement and perfect the previous religious teachings. On the other hand, orientalists have deliberately forgotten the fact that Muslims have two legacies from the Prophet Muhammad peace and blessings of Allah be upon him, namely al-Qur'an and al-Sunnah, as the basis and source in every effort to formulate Islamic law.

scholarly journals Pemberian Hak Hadanah Kepada Ibu Tiri dalam Putusan Pengadilan Agama Sidoarjo Nomor: 0763/Pdt.G/2018/Pa.Sda Perspektif Maslahah Mursalah

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 231-263
Author(s):  
Wafda Firyal
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Research Data ◽  
Biological Father ◽  
Good Person ◽  
Biological Child ◽  
Analysis Techniques ◽  
Library Research ◽  
The Right

This article is a library research on the granting of rights to stepmothers in the decision of the Sidoarjo Religious Court Number: 0763/Pdt.G/2018/PA.Sda. The research data are collected using documentation techniques and are analysed using descriptive analysis techniques and using a deductive mindset that is by outlining the decision of the Sidoarjo Religious Court which is then reviewed from the perspective of maslahah mursalah. The panel of judges in determining the right of gift to stepmothers in the Sidoarjo Religious Court's decision, based on article 41 letter (a) of Law Number 1 of 1974 jo. article 105 and article 156 letter (a) Compilation of Islamic Law and the proposition in the book Bajuri juz II. In addition, a willingness from the Defendant who is the biological father of the child to give the right of gift to the Plaintiff's Reconstruction is a point that is included as consideration by the panel of judges. In Islamic law which is examined from the theory of maslahah mursalah, the judge's consideration to establish the right of hadanah to the stepmother in the Sidoarjo Religious Court's ruling is in accordance with the purpose of the hadanah namely to prioritize the interests and benefit of the child so that later he or she can grow into a good person under the care of an appropriate person, even though the child is not a biological child of the Reconvention Plaintiff, the Reconvention Plaintiff is in fact more feasible and competent to have the right of hadanah.

scholarly journals Hukum Islam dalam Pergumulan Politik Hukum Nasional Era Reformasi

2013 ◽  
Vol 13 (2) ◽  
pp. 273
Author(s):  
M. Shohibul Itmam
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
Internal Conflict ◽  
Political Struggle ◽  
Reform Era ◽  
Positive Law ◽  
Law And Politics ◽  
Library Research ◽  
The Government ◽  
Parliamentary Support

Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program  PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.

scholarly journals Kafa’ah among the Hadrami Arabs in the Malay World (Anthropology of Law Approach)

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Imam Subchi
Keyword(s):  
Web Search ◽  
Islamic Law ◽  
Legal Certainty ◽  
Electronic Library ◽  
Library Research ◽  
Legal Perspective ◽  
Umayyad Dynasty ◽  
The Law ◽  
Ebsco Host ◽  
Religious Propositions

This article explores how Hadrami Arabs have been maintaining the law of kafa’ah marriage or endogamy marriage in the Malay world—in this instance Indonesia and Malaysia and, to some extent, Singapore—from the early 1990s to the present. Arabs, mostly of Hadrami descent, are carrying their traditions everywhere in their diaspora. Moreover, those traditions are related to the Islamic law of endogamy marriage. This study employs a qualitative research method. Library research is used in collecting data, published or unpublished documents. Data sources are done with a web search using the following databases: Google Scholar, Ebsco-host, Research gate, Sage Journal, Scientific Electronic Library Online (SciELO), and others. The results and discussion of the research explain that the process of the establishment of the tradition of endogamy marriage has begun since their existence in Hadramaut to preserve offspring, because they became the target of the murder of the Umayyad dynasty. In Hadramaut, they established Naqabah Asyraf Kubra, which served to record the genealogy and maintain the Syarifah ((female descendants of Prophet Muhammad) in order to obey the law of endogamy marriage. On the other hand, this paper will also examine issues related to the existence of the Arab’s community diaspora in the state order in the legal perspective reviewed from the guarantee of its legal certainty. The conclusion in this study is that in the end the issue of Syarifah marriage with this akhwal depends very much on the perspective of the community either from Alawiyyin group or not. Rigid attitudes towards traditions supported by religious propositions will still be able to preserve this. However, how big is the tradition of the law of endogamy marriage able to withstand the onslaught of globalization and modernization that continues to run, because some Syarifah groups question and even break out of or disobey this tradition.

scholarly journals Kitab Shahih Bukhari (Kajian Tentang Identitas dan Relevansinya Dengan Fase Kodifikasi Hadis)

2021 ◽  
Vol 14 (2) ◽  
pp. 92-99
Author(s):  
Nurcahaya Nurcahaya
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Journal Articles ◽  
Screening Process ◽  
Analysis Techniques ◽  
Library Research ◽  
Data Source ◽  
Secondary Data Sources

This study aims to describe the book of Sahih Bukhari and the background of the codification phase of Hadith. This research uses qualitative research methods based on library research (Library Research). Sources of data in this study consisted of primary data sources and secondary data sources. The primary data source in this study is the Sahih Bukhari book written by Imam al-Bukhari, while the secondary data sources are books and journal articles related to the codification phase of hadith. Data analysis used content analysis techniques, namely by deepening the meaning in the literature quotations used. The results showed that the Sahih Bukhari book was the first book compiled containing the Hadiths of the Prophet Muhammad. This book was written in a period of approximately 16 years through a very strict screening process from 600,000 Hadith which resulted in 7,397 Hadiths contained in the book. With regard to the book, the birth of the Hadith codification movement during the era of Imam Bukhari was the dynamics of Islamic law, particularly the influence of Imam Syafi'i. In the period before Imam Syafi'i formulated a system of law making as contained in the ar-Risalah.

scholarly journals Peniadaan Salat Jumat dalam Surat Edaran Gubernur Sulsel Nomor: 451.11/2057/2020 Selama Pandemi Covid-19 Perspektif Maqāṣid al-Syarīah

2020 ◽  
Vol 6 (2) ◽  
pp. 289-309
Author(s):  
Sirajuddin Sirajuddin ◽  
Kasjim Salenda ◽  
Abdul Wahid Haddade
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Analysis Techniques ◽  
The Core ◽  
South Sulawesi ◽  
Library Research ◽  
The World ◽  
Circular Letter

This research aimed to analyze the relevance of dismissal of friday prayers in circular letter of south sulawesi governor number: 451.11 / 2057/2020 during covid-19 pandemic from the perspective of maqāṣid al-syarī’ah. This research is library research using a qualitative approach and content analysis techniques. The results of the research conclude that the substance of the circular letter is relevant to the principle of maqāṣid al-syarī’ah which is the core philosophy of the formation of Islamic law in presenting the benefit of mankind in the world and the hereafter, both from the aspect of maqāṣid al-kulliyyah (universal) and maqāṣid al-juz'iyyah (partial) especially maqāṣid in obeying a leader. Therefore, the emergence of the phenomenon of counter attitudes from some people and even preachers towards the policy should not occur.

Transaksi Cryptocurrency dalam Pandangan Hukum Ekonomi Syariah

2021 ◽  
Vol 6 (2) ◽  
pp. 137-148
Author(s):  
Hardian Satria Jati ◽  
Ahmad Arif Zulfikar
Keyword(s):  
Islamic Law ◽  
Economic Behavior ◽  
Point Of View ◽  
Digital Currency ◽  
Digital Era ◽  
Library Research ◽  
Analysis Technique ◽  
Physical Form ◽  
Crypto Currency ◽  
Pros And Cons

The increasingly widespread development of the digital era has led to changes in the payment system which then affects the economic behavior of the community in line with the increase in various services that facilitate economic activity. An example is the emergence of crypto currency or Cryptocurrency as a digital currency that has almost the same function as other currencies. The thing that distinguishes this digital currency from conventional currencies in general is that it does not have a physical form of money like currency currency but only a block of data bound by a hash as validation. Although it provides a number of advantages for its users, the existence of cryptocurrencies in Indonesia itself is still experiencing pros and cons in terms of regulation and legality, especially from the point of view of Islamic law for its use. Therefore, this study was conducted to review cryptocurrencies that are widely used in transactions, especially investments from the perspective of Islamic law. This research is a qualitative library research. The data analysis technique used is descriptive-analytical with a normative juridical approach to Islamic law. Based on a number of references used in this study, it is known that investing with cryptocurrencies has a very high risk because its value can go up or down drastically and unpredictable. Meanwhile, from the point of view of Islamic sharia law, the law of this cryptocurrency transaction is haram lighairihi.

Pelaksanaan Kad Radha’ah sebagai Alternatif Penjagaan Nasab Keturunan dan Anak Susuan oleh Jabatan Agama Islam Selangor

2020 ◽  
Vol 32 (2) ◽  
pp. 195-222
Author(s):  
Mohd. Norhusairi Mat Hussin ◽  
◽  
Abdul Mu'iz Mohd Tamyes
Keyword(s):  
Qualitative Study ◽  
Islamic Law ◽  
Point Of View ◽  
Library Research ◽  
Entire Country ◽  
Wet Nurse

This qualitative study is an analysis following the implementation of the MyRadha’ah Card which was introduced in Malaysia by the Selangor Islamic Religious Department (JAIS) on 19 November, 2018. It is a mechanism for ascertaining the identity of a child and its wet nurse or ‘milk- mother’. This aids in safeguarding the Islamic family institution, in particular, involving nasab (lineage) and mahram (unmarriageable kin) to manifest the Maqasid Shariah (objectives of the sharia) which requires hifz al-nasl or care of the offspring. This study, therefore, is meant to study the concept of wet-nursing from the point of view of Islamic law, as well as identifying the institutions or agencies that should play a role in regulating issues related to wet-nursing. The data were obtained through library research and interviews analysed using inductive and deductive methods. The study finds that the implementation of the MyRadha’ah Card should not be limited to one state but is a necessity for the entire country. The cooperation of various parties is crucial for implementation in stages and requires streamlining among all the states in Malaysia.

scholarly journals PROSPEK PELEMBAGAAN HUKUM ISLAM DI INDONESIA

2019 ◽  
Vol 17 (2) ◽  
pp. 210
Author(s):  
Achmad Al-Muhajir SAM
Keyword(s):  
Islamic Law ◽  
The State ◽  
Point Of View ◽  
Customary Law ◽  
Muslim Country ◽  
Legal Institution ◽  
Political Struggle ◽  
Reform Era ◽  
Library Research ◽  
Normative Status

Indonesian is constitutionally as the state of Pancasila and not as a religious state, but the state is able to accommodate a number of religious norms in the formation of legislation. Indonesia, as the largest Muslim country in the world with a diversity of ethnic, religious and ethnic groups, has chosen the plural of legal system. This situation provides an opportunity to source a specific law affects the formation and preparation of the norms of national law. Islamic law has long been used in the community, even before the colonial period, has significant effect in certain customary law in society. This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the prospect legal institution of Islamic law in Indonesia; second, the resistance and constraint in course of legal institution of Islamic law in Indonesia. This paper was as a result of library research using legal normative status, historical, and sociological point of view.

scholarly journals Cadar and Women’s Awrat In Indonesian Qur'an Literature

2021 ◽  
Vol 22 (2) ◽  
pp. 455
Author(s):  
Indal Abror ◽  
Nurdin Zuhdi ◽  
Iwan Setiawan ◽  
Ahmad Suhendra
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Comparative Method ◽  
Library Research ◽  
The Face ◽  
The Difference ◽  
Interpretation Of Literature

The use of cadar becomes a controversial discussion in Indonesia. However, the majority of scholars consider the cadar is not an obligation in religion. Bearing in mind, there are differences in the limits of women's genitalia or awrat. It shows in the Quranic interpretation of literature in Indonesia that cadar's views lie in the different scholars in interpreting and determining the limits of women's genitalia. This paper uses a comparative method to compare the interpretations of Hasbi Ash-Shiddieqy and Quraish Shihab in understanding verses about the cadar and the limits of women's Awrat (genitalia) in both interpretations. This research method is qualitative and library research. Hasbi Asy-Syiddieqy, in his interpretation of An-Nur, explains that women are obliged to cover their jewelry, while Quraish Shihab considers the cadar is not an obligation in religion because, for him, the face is not part of the awrat (genitalia) that must be covered. The difference can be seen from their educational and scientific backgrounds. Hasbi Asy-Syiddieqy has a background in Islamic law (Fiqh), so the style of interpretation in the book of An-Nur is more nuanced in fiqh. However, Quraish Shihab highlights the nuances of interpretation in the book of Al-Misbah, which tends to imitate the model or style of interpretation of Muhammad Abduh and Rashid Rida. This cadar is part of the need for tahsiniyat (Luxuries). The need for tahsiniyat is a need which if not fulfilled, does not threaten the existence of one of the maqashid ash-shariah (objectives of sharia) and does not cause difficulties.

scholarly journals Hukum dan Urgensi Wakaf Tunai dalam Tinjauan Fikih

2020 ◽  
Vol 1 (1) ◽  
pp. 79-92
Author(s):  
Asri Asri ◽  
Khaerul Aqbar ◽  
Azwar Iskandar
Keyword(s):  
Content Analysis ◽  
Point Of View ◽  
Analysis Techniques ◽  
Library Research ◽  
The World ◽  
Qualitative Descriptive ◽  
Descriptive Approach ◽  
The Law

This study aimed at determining the law and urgency of cash waqf in fiqh point of view in accordance with some views of fiqh scholars related to cash waqf. This research used a qualitative-descriptive approach with content analysis techniques and library research. The results showed that the scholars hold different views in deciding the law of cash waqf. Some scholars hold that the cash waqf is permissible. Some others hold that it is makruh (undesirable). There are even some scholars who forbid it. The author inclines toward the view that asserts its permissibility. The urgency and target of cash waqf is improvement of the economy and benefit in the world and the hereafter.

Sign in / Sign up

Export Citation Format

Share Document