scholarly journals Various Methods of Establishing Contemporary Islamic law

2020 ◽  
Vol 10 (1) ◽  
pp. 39-58
Author(s):  
Firdaus Firdaus ◽  
Ahmad Juneidi ◽  
Lola Astari ◽  
Firda Mustika Sari
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
Library Research ◽  
The Law

The first source of Islamic law is al-Qur'an, after the new Al-Qur'an, the Hadith of the Prophet SAW. When searching for a law that not contained in the Al-Qur’an and al-Hadith, way to do is using ijtihad (raʻyu). This ijtihad is the mobilization of all the abilities of a fuqaha 'to find sharia law,' and the person who discovered it was named Mujtahid. The scholars in using this ra'yu issued many methods as a tool to install the law, such as: ijma 'which is the ahlul ilmi agreement on the law of an event with the condition that the scientists gather at the same time Qiyas, istihsan, istishab, 'urf. The purpose of this paper is to explain contemporary ijtihad methods that can be used to perform istinbath law. The discussion discussed in this paper is about the various ways of establishing modern Islamic law. The methodology used in this paper is the type of library (library research), namely by referring to books relating to fiqh and ushul fiqh. From the author's analysis that the methods used to establish Islamic law in the contemporary period are no different from the methods used previously, namely sourced from the Qur'an, Hadith, and ijtihad of the scholars who have mujtahid criteria.  

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

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).

scholarly journals HUKUM ISTRI MENCARI NAFKAH DALAM TINJAUAN MAQASHID SYARIAH

2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Elimartati Elimartati
Keyword(s):  
Content Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Science And Technology ◽  
Analysis Approach ◽  
Main Task ◽  
Gender Analysis ◽  
Family Needs ◽  
Library Research ◽  
The Law

<p><em>In common tradition, m</em><em>aking a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).</em></p><p><em><br /></em></p>

scholarly journals Indonesian Jurisprudence: Islamic Law Transformation In Law System Of Indonesia

2020 ◽  
Vol 19 (2) ◽  
pp. 303-318
Author(s):  
Ahmad Edwar
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Analysis Method ◽  
Law System ◽  
The Third ◽  
Library Research ◽  
Content Analysis Method ◽  
The Law ◽  
Definition Of ◽  
Islamic Marriage

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation

scholarly journals SOCIAL PROTEST MOVEMENT ISLAMIC LAW PERSPECTIVE (Critical Study of the Protest Phenomenon in Indonesia)

2021 ◽  
Vol 9 (2) ◽  
pp. 211
Author(s):  
Abdul Harris Abbas ◽  
Hasyim Aidid ◽  
Musafir Pabbabari ◽  
Marilang Marilang
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Social Protest ◽  
Islamic State ◽  
Protest Movement ◽  
Sociological Approach ◽  
The Earth ◽  
Library Research ◽  
The Social ◽  
The Law

This study formulates three problems which include: (1) The principles of the social protest movement from the perspective of Islamic law; (2) Methods and techniques for conducting demonstrations from the perspective of Islamic law; (3) The social impact of demonstrations in Indonesia from the perspective of Islamic law. This study uses a qualitative method (descriptive-analytic). Based on the data source is library research (library research). The approach used is the sociological approach of Islamic law and the siyasah fiqh approach. In the perspective of scientific studies, these two approaches are used to understand the phenomenon of demonstrations in Indonesia based on legal arguments contained in the Qur'an and Hadith, the opinions of fuqaha' and opinions that develop (ijitahad) at a time in life. Muslims. Meanwhile, from a methodological perspective, these two approaches are used to provide an interpretation of the methodology of Islamic law on the concept and practice of demonstrations based on social movement theory and Islamic political theory. The results of this study found that: The principles of the Islamic social protest movement are built on the doctrine of rights and obligations between the people and the rulers in an Islamic state which include: the principle of hisbah; The principle of freedom of expression; The principle of deliberation; and constitutional principles. Based on the method of carrying out the demonstration, there are 2 methods, namely the exclusive method and the inclusive method. Based on the technique of holding demonstrations, there are 3 levels, namely: (1) demonstrations with the ability and strength of the masses; (2) demonstration with verbal ability and strength; (3) protest with the ability of the heart. Through the istislahi approach, that Islamic law strongly condemns all demonstration activities that cause harm to religion, soul, mind, descendants and property. On the other hand, he strongly supports all demonstration activities that uphold the five maintenances (Maqasid al-khamsah). That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself.

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 Al-Manhâj al-Fiqhî ‘Inda Jamâ’ah “Muassah al-Da’wah al-Islâmiyah al-Indûnîsiyah” (Lembaga Dakwah Islam Indonesia) wa Âtsâruhu Fî Istinbâth al-Ahkâm al-Syar’iyyah

2022 ◽  
Vol 16 (2) ◽  
pp. 558-594
Author(s):  
Moh. Abdul Kholiq Hasan ◽  
Iskandar Dzulkarnain ◽  
Muh. Nashirudin
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Structured Interviews ◽  
Legal Decisions ◽  
Sharia Law ◽  
Library Research ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Descriptive Qualitative

Indonesian Islamic Da’wa Institution or Lembaga Dakwah Islam Indonesia (LDII) tends to embrace exclusivity and takfiri ideology. This article attempts to reveal the fiqh manhaj (method) that LDII employs and its influences on the legal decisions LDII takes by employing the library research method in descriptive qualitative type. The content analysis in tandem with document triangulation and structured interviews were applied to investigate the textual references LDII uses. The findings indicate that LDII employs a fiqh manhaj called manqul. This influences the law istinbath of LDII. Mandatory to remain in the congregation (jamaah), taking the oath of allegiance to the leader of the jamaah, the claim by the jamaah leader of the right to construct sharia law, license to lie, and takfiri are some controversial products of the manqul. With takfiri as the most dangerous product of the manqul, it befalls the government of Indonesia to watch over this jamaah. اشتهرت مؤسسة الدعوة الإسلامية الإندونيسية أو ما يسمى بـــ LDII بتكفيرها على جميع المسلمين سوى جماعتهم. وتهدف هذه الدراسة لمعرفة أصل المنهج الفقهي عند هذه الجماعة وآثاره في استنباط الأحكام الشرعية عندهم. واعتمدت الدراسة على منهج البحث الوصفي التحليلي، بطريقة تحليل المحتوي أو ما يسمى بــ (content analysis). وقد توصلت الدراسة إلى القول بأن أصل المنهج الفقهي عند هذه الجماعة هو ما يسمى بـ"المنقول". وإن لهذا المنهج الفقهي أثار كبير في استنباط الأحكام الشرعية عند هذه الجماعة. ومن بينها: لزوم الناس لجماعتهم، وجوب البيعة لإمامهم، وجوب الإنفاق، ادعاء إمامهم أن لهم حقّ في تشريع الأحكام، إباحة التقية أو الكذب على الآخرين. ومن أخطر هذه المخالفات تكفيرهم لجميع المسلمين ممن ليسوا من جماعتهم. لأن هذا الاستنباط له أثر سيئ لوحدة الشعب، ولذا على حكومة إندونيسيا أن تتنبه دائما تجاه هذه الجماعة المنحرفة.

scholarly journals Understanding the Rights of Wife in The Law Number 1 of 1974 About Marriage Among the Terrorist Wives in Central Java

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Rosdiana Rosdiana ◽  
Hotnidah Nasution
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Primary Data ◽  
Marriage Law ◽  
Positive Law ◽  
Central Java ◽  
Religious Doctrine ◽  
Library Research ◽  
The Status ◽  
The Law

AbstractThe terrorist or ex-terrorist wives in Solo have experienced diverse conditions after their husband officially becomes a terrorist prisoner who has been lived in jail. The Rights of Wife in Law No. 1 of 1974 about Marriage among terrorist wives in Solo have sharpened the analysis on how their level of perception of the wife’s rights that regulated by Law No. 10 of 1974. This study aims to reveal the reality of cases that took place with terrorist wives related to the fulfillment of their rights as a wife regulated by law, and to categorize their marital status related to the validity in a positive law (whether the marriage is registered or not in The Office of Religious Affairs (KUA)). Besides, this paper also wants to explore the terrorist wives' understanding who are legally married in KUA regarding their rights which are highly protected by the law. This research uses a qualitative method which aimed to find concepts and theories, and library research by applying the empirical or sociological legal approach. Data sources used are Primary Data, namely the terrorist prisoner’s wives in Solo, and secondary data from the Marriage Law (Law No. 1 of 1974), Compilation of Islamic Law (KHI), books, journals, articles, views of legal experts, and the results of other paper and writings related to the problems that become the subject in this research discussion. The descriptive data analysis method aims to figure out systematically, factually and accurately the facts about the understanding of terrorist wives related to their rights in the Marriage Law (Law No. 1 of 1974). After analyzing and interpreting the existing data, it can be concluded that the terrorist prisoner wives in Central Java have a fairly good understanding of their rights as wives regulated in Law No. 1 of 1974. If only there are rights that undermanned by them for the unfulfilled obligations by the husband, then it is caused by their sincerity attitude towards the husband status who becomes a prisoner. The religious doctrine that is strong enough makes the prisoner’s wife do not ask many of her rights, both physical and mental rights that are not well fulfilled. For them, the status of a husband to become a terrorist prisoner is a Shari reason which consequences must be accepted sincerely.Keywords: Understanding, wife's rights, Terrorist Prisoner’s Wives

scholarly journals Nafkah Saudara Sedarah Sesisi (Hawashi) dalam Undang-Undang Islam Di Malaysia

2020 ◽  
Vol 32 (2) ◽  
pp. 320-340
Author(s):  
Azizah Mohd ◽  
◽  
Badruddin Hj Ibrahim ◽  
Siti Zainab Abd Rashid
Keyword(s):  
Islamic Law ◽  
Muslim Countries ◽  
Library Research ◽  
The Law

Under Islamic law, blood relatives from among hawashi (collateral kin) fall into the category of those who deserve nafaqah (maintenance), especially whenever they are in need or when they are incapable of maintaining themselves, while at the same time having relatives who are capable and well off. This research discusses maintenance for collateral relatives as an instrument to ensure continuous protection of relatives under Islamic law. The discussion includes the views of the fuqaha on maintenance to hawashi in Islam. It also reviews the basis for the responsibility to maintain relatives including relevant principles in the Quran and the Sunnah of the Prophet SAW, the discussion and views of contemporary fuqaha (Islamic jurists) on the extent of a person’s responsibility to maintain relatives. Further, this research also analyses the application of Islamic law in Malaysia in relation to one’s responsibility to maintain relatives. For the purpose of comparison, discussion will also include provisions of the law on maintenance for relatives in several Muslim countries. The research was conducted through library research and analysing the treatises of Muslim jurists, as well as the provisions of Islamic law on maintenance for collateral relatives. The findings of this research are deemed significant to improve the existing provisions on Islamic law relating to maintenance in Malaysia.

scholarly journals SUBHAT INCOME OF SHARIA FINANCIAL INSTITUTIONS ACCORDING TO DUAL LAW (Formal and Sharia Law)

2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Nurhadi Nurhadi
Keyword(s):  
Financial Institutions ◽  
Research Method ◽  
Islamic Law ◽  
Research Data ◽  
Islamic Finance ◽  
Technical Data ◽  
Sharia Law ◽  
Library Research ◽  
The Social ◽  
Social Interests

The research aims to determine the purpose of non-halal funds in the business of Islamic finance, as well as a review of the philosophy of Islamic law. The research method uses descriptive qualitative concepts, types of Risert library research, data collection using primary and secondary, and technical data analysis using the analysis contents method, with a measure of benefit (philosophy of Islamic law). The result is that non-halal funds are any income originating from non-halal businesses (al-Kasbu al-Ghairi al-Masyru'). Use for the benefit of the ummah or the social interests of the community. While the review of Islamic law philosophy of non-halal funds is if the halal funds are more dominant, then all of these funds become halal, if the halal funds are the same or less, then the percentage of illicit funds must be issued. While the remaining funds are lawful, this is because of General al-Balwa, Raf'ul Haraj Wal Hajah al-Ammah, Muro'at Qowa'id al-Katsrah Wa al-Ghalabah and because of the rules about tafriq shafqah (separating halal transactions from those haram). Subhat income according to dual law, halal according to formal and sub-law according to sharia law.

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