scholarly journals The Struggle of Fiqh Reasoning in the Implementation of MUI’s Fatwa on Worship during Pandemic in the Island of Lombok

Dialog ◽  
2021 ◽  
Vol 44 (2) ◽  
pp. 230-244
Author(s):  
Muhammad War'i

This paper discusses the implementation of MUI’s fatwa on worship during Covid-19 pandemic. Social facts show that the implementation of the fatwa has given rise to various socio-religious conflicts in Lombok island. Through a qualitative approach, the paper concludes: First, the people of Lombok Muslim community disapprove the fatwa. Second, there is a conceptual difference between the government as the beholder of the MUI’s fatwa and the community's religious traditions that have been maintained for a long time. Third, the model of fiqh law reasoning used by the government in general is a textual (normative) model that is contrary to society's use of historical meaning. Therefore, a dialogical process is needed for a solution to social problems that occur as a result of the implementation of the ulama’s fatwa which is used as government policy so that it does not appear to be coercive by involving elements of ulama, goverment, and society. The dialog conectivity of these three elements in negotiating their understandings of fiqh to place the intent and purpose of a legal product (fatwa) will encourage the realization of inclusive fiqh reasoning. Keywords: fiqh reason, MUI’s fatwa, mosque closing   Tulisan ini mengkaji secara fenomenologis implementasi fatwa MUI tentang ibadah di tengah pandemi wabah Covid-19. Fakta sosial menunjukkan bahwa implementasi fatwa tersebut telah melahirkan berbagai konflik sosial keagamaan di Pulau Lombok. Melalui pendekatan kualitatif tulisan berkesimpulan: Pertama, Respon masyarakat muslim Lombok sebagai demografi dengan banyaknya masjid adalah adanya ketidakmenerimaan baik secara psikologis, sosial, dan kultural. Kedua, Terjadi pertentangan konseptual antara pemerintah selaku pemegang fatwa MUI dengan konsep tradisi keagamaan masyarakat yang telah lama ada dan menjadi pedoman mereka. Ketiga, model penalaran hukum fikih yang digunakan pemerintah secara umum adalah model pemaknaan tekstual (normatif) bertentangan dengan masyarakat yang menggunakan pemaknaan historis. Oleh karena itu, dibutuhkan proses dialogis sebagai langkah solutif atas problem sosial yang terjadi akibat implementasi fatwa ulama yang dijadikan kebijakan pemerintah agar tidak terkesan memaksa dengan melibatkan unsur ulama, umara’, dan mujtama’. Konektivitas dialog tiga unsur ini dalam menegosiasikan pemahaman fikih mereka untuk mendudukkan maksud dan tujuan suatu produk hukum (fatwa) akan mendorong terwujudnya nalar fikih yang inklusif. Kata Kunci: nalar fikih, fatwa MUI, penutupan masjid

Afkaruna ◽  
2021 ◽  
Vol 17 (2) ◽  
pp. Layouting
Author(s):  
Sukiman Sukiman

This study analyzes the process of integration of tawhīd  (believing in one God) values with trade tradition among the Gayo tribe, which helped to improve their economy and create a more prosperous way of life. This tribe is domiciled in the central region of Aceh, whose origins are Old Malays, and they have lived for a long time in the highlands of Gayo. Thus, they were involved in typical economic activities such as farming, gardening, fishing,  rearing of livestock, as well as household businesses and tourism, which were carried out systemically and periodically by the government and jointly supervised by agricultural experts. However, every work carried out had monotheism values with an emphasis on faith and worship because all natural resources were believed to be owned by Allah SWT. This study uses a qualitative approach in which the data collected were in the form of words, images, and not numbers. Results revealed that by capitalizing on faith and piety, the Gayo tribe believes that they can achieve happiness and blessings like the people of Gayo Land who strictly practice Islam in their daily lives and have a blessed, prosperous and dignified life from God.


Author(s):  
Akil Ibrahim Al-Zuhari

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism


2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law


2021 ◽  
Vol 5 (2) ◽  
pp. 41-51
Author(s):  
Ramthanpuia Pachuau

The initiatives of Citizen’s Charter are an effort in solving citizen’s problems that they encounter regularly over a long time while dealing with the government or any other organizations. It is a document of an official statement that ensures the accountability of the organization and their commitment towards the citizen in providing the quality of service. The charter aimed to revolutionize public service by empowering the people who were so long regarded as a silent spectator and a mere receiver on the government policies and programmes. In a democratic country, citizens have become more vocals towards the government responsibilities and they expect the administration not only to respond to their demands but also to foresee their needs in the future. In India, the Department of Administrative Reforms and Public Grievances in Government (DARPG) is in charge of organizing, directing, formulating, and operationalizing Citizen's Charters at the Central Government as well as States Government. However, the fulfillment of Citizen’s Charter in India faced many difficulties due to its government bureaucratic structure and resistant to change in its working system.


2018 ◽  
Vol 10 (1) ◽  
pp. 35-51
Author(s):  
Simon Sirua Sarapang

The movement of people from one area to another can improve the structure of community settlements and socio-economic structures. This paper aims to determine the background of the settlement of the Bajo people from Masudu Island to the coast of Liano Village, the process of relocating the Bajo Community from Masudu Island to the coast of Liano Village, the settlement pattern of the Bajo Community, the socio-economic life of the Bajo community. Data collection consists of three types of study documents, interviews, and observations. The collected data is verified by two stages, namely: verification of internal data, and verification of external data. The next stage is the stage of interpretation which consists of analysis and synthesis. The results showed that the background of the movement of the Bajo people in Liano Village was a factor in the damage to houses due to strong winds and tides, the government policy of inadequate Bajo community income. The process of moving the Bajo community was carried out in stages, starting with the people who lived in the western part of Masudu Island in 1999, by crossing the sea and some people carrying home tools on Masudu Island. The pattern of settlement of Bajo people in the neighborhood Liano village is linearly following the highway with the distance between houses close together. The socio-economic life of the Bajo community in Liano Village is the creation of interactions with other communities on the land and the availability of infrastructure for the Bajo people so that they facilitate activities. ABSTRAK Perpindahan penduduk dari satu daerah ke daerah lainnya dapat memperbaiki struktur pemukiman masyarakat dan struktur sosial ekonomi. Tulisan ini bertujuan untuk mengetahui latarbelakang perpindahan pemukiman Masyarakat Bajo dari Pulau Masudu ke pesisir pantai Desa Liano, proses perpindahan pemukiman Masyarakat Bajo dari Pulau Masudu ke pesisir pantai Desa Liano, pola pemukiman Masyarakat Bajo, kehidupan sosial ekonomi masyarakat Bajo. Pengumpulan data terdiri dari tiga jenis yaitustudi dokumen, wawancara, dan observasi. Data yang telah dikumpulkan tersebut dilakukan verifikasi yang terdiri dari dua tahap yakni: verifikasi data internal, dan verifikasi data eksternal. Tahapan selanjutnya adalah tahap interpretasi yang terdiri dari analisis dan sintesis. Hasil penelitian menunjukan bahwa latar belakang perpindahan masyarakat Bajo di Desa Liano adalah faktor kerusakan rumah akibat angin kencang dan pasang air laut, kebijakan pemerintah penghasilan masyarakat bajo yang kurang mencukupi. Proses perpindahan masyarakat Bajo dilakukan secara bertahap yang diawali masyarakat yang tinggal di bagian Barat Pulau Masudu pada tahun 1999, dengan menyebrangi laut dan sebagian masyarakat membawa perkakas rumah yang ada di Pulau Masudu. Pola pemukiman masyarakat Bajo di Lingkungan Desa Liano berbentuk linear mengikuti jalan raya dengan jarak antara rumah saling berdekatan. Kehidupan sosial ekonomi masyarakat Bajo di Desa Liano adalah terciptanya interaksi dengan masyarakat lain yang ada di darat serta tersedianya prasarana bagi masyarakat Bajo sehingga mempermudah mereka dalam berbagai aktivitas.


2016 ◽  
Vol 11 (2) ◽  
pp. 40-59
Author(s):  
Ayu Kurnia Utami

This study discusses Perdasus 23 Year 2008 about individual and communal rights of customary law society over the land through a case study in Jayapura and Biak Numfor. The special local regulation (Perdasus) is a part of the efforts to secure the customary society or the indigenous people of Papua. The aim of this study is to identify how far Perdasus 23 Year 2008 has been implemented in Jayapura and Biak Numfor. The study applies qualitative approach which data is collected through observations, interviews, and content analysis of related documents. The result of this study shows that Perdasus 23 Year 2008 is not implemented thoroughly. Although the regulation is not normatively implemented, it has been practically implemented through the initiatives of Jayapura and Biak Numfor government to carry out conflict resolution program in each region. In doing so, the government of Jayapura has done the communal right mapping of Port Numbay people, while the government of Biak Numfor issues a local regulation (Perbup) about the strategy of land conflict resolution by encouraging of the involvement of customary role and legitimation in the region. Eventhough these activities are not conducted in accordance with Perdasus 23 Year 2008, Jayapura has performed four substances of the “Perdasus”: research, mapping, management and identification, and land conflict resolution. Meanwhile, Biak Numfor regency has performed two substances: communal land management and land conflict resolution though they only fulfill some aspects of these substances when performing research and mapping. There are three aspects affecting the implementation of Perdasus in Jayapura and Biak Numfor. First, ineffective communication both from the policy maker to the policy implementer and from policy implementer to the people that causes confusion to the society regarding the policy. Second, the existing paradigm of local people who still believe that customary law is more powerful than civil law. Last but not the least is Government’s initiative to do an activity to protect the communal right of indigenous people of Papua.


2012 ◽  
Vol 12 (3) ◽  
Author(s):  
Muhammad Fauzan ◽  
Bahtaruddin Bahtaruddin ◽  
Hikmah Nuraini

This research related to the implementation of good governance, free from corruption, collusion and nepotism. The approach used in this research is a descriptive qualitative approach. The Location of research conducted in the District of Pemalang. Based on the research results can presented that the District of Pemalang is committed and fully supports the government policy in eradicating corruption. District of Pemalang support to efforts to more information accelerate the eradication of corruption stated in the the Regional Action Plan to Accelerate the Eradication of Corruption (RAD-PK) in 2011 -2016 which refers to the Medium Term Development Plan (RPJM) District of Pemalang from 2011 to 2016 and the National Action Plan for Eradication of Corruption (RAN-PK) and the President of Republic of Indonesia Instruction No. 5 Year 2004 on Accelerating the eradication of corruption. RAD-PK 2011-2016 District of Pemalang is a document that contains an action program that aims to accelerate the eradication of corruption. RAD-PK as a program of action containing concrete measures that have been agreed by the stakeholders in the area, so it has been a commitment of local governments prevention efforts corruption through the development of programs and activities aimed at improving public services and the application of the principles of good governance. Keywords: governance, eradication, corruption


2019 ◽  
Vol 7 (2) ◽  
pp. 87-102
Author(s):  
Arifuddin M Arif

Islamic education in the Palu valley grew and developed along with the entry and development of Islam in the city of Palu since 1650 (XVII century). Institutionally, Islamic education grows and develops through informal, semi-formal, formal, and formal education channels organized by Islamic community organizations, foundations, and the government. Islamic education which was born along with the coming of Islam itself in the valley of Palu, even though at first it was in a very simple form, until institutionalization was enough to color the diversity of the people of Palu City while respecting the culture and wisdom of the community. Islamic education in the city of Palu, has played its function and role in accordance with the demands of the community and its era, especially in fostering community fervor especially the Muslim community in the city of Palu.


Author(s):  
Tengku Irmayani ◽  
Muryanto Amin ◽  
Evi Novida Ginting

The study describes how to analyze and create a policy model in the preservation of Lake Toba based on the values of local wisdom by the Parmalim community. Parmalim religion is the religion of Batak people since a long time ago that teaches the concept of ‘Ugasan’ which means the balance life between man and nature, where a man can cultivate the nature and protect it from the damage. The study used a qualitative approach and data collection techniques through in-depth interviews and observation. The study site in Desa Hutatinggi, Kecamatan Laguboti, Kabupaten Toba Samosir where the majority of Parmalim Community lived there and also in the villages of Parmalim communities around the Lake Toba. Results from this study are that there are some living habits by Parmalim Community in preserving the nature as selective logging, replant the trees and preserve the purity of the water, especially Lake Toba (Marpangir) as part of the rituals of their faith. The results also explain that the habit of conserving nature is still run by the community Parmalim although generally do not have the support of the people around them, especially from governments. Based on the research results, it is suggested to create a policy model for local authorities to preserve Lake Toba based on Parmalim’s local wisdom so local wisdom and Lake Toba can be maintained.


2020 ◽  
Vol 28 (2) ◽  
pp. 192-210
Author(s):  
Dina Mardiana ◽  
Muhammad Yusuf ◽  
Asyraf Isyraqi Jamil

This study examined the harmonization of five religions (Islam, Catholicism, Protestantism, Hinduism, and Buddhism) that are adhered to by the people of Mojorejo Village, Batu, East Java. This village has an important role, as it becomes the first area in Batu, East Java – that implement and develop the concept of religious pluralism and harmonization in one village area thus it has been awarded as “A Village that is Aware of Religious Harmony” from the government of Batu. Therefore, this study aimed to understand the constructs of religious harmony that have been successfully established in Mojorejo Village, Batu, East Java. The theory underlying this study is Nurcholis Madjid’s theory of humanist pluralism. This study used a qualitative approach to produce descriptive data in the form of oral, written, and observable behavior. Through three data collection methods (observation, in-depth interview, a study of documents), this study concludes that the religious harmony construct of the Mojorejo Village community is established from a pattern of accustoming mutual respect among villagers which is carried out both naturally and sustainably. This continuity manifests through cooperation in three ways: religious, social, and cultural cooperation so that it can lead to the emerge of perspectives, ideas, and a social environment capable of maintaining and preserving religious plurality in harmony. Therefore, the application of religious harmony in Mojorejo Village, Batu, East Java can be used as an alternative solution for other areas in locating and facilitating religious plurality so that it remains harmonious amid a pluralistic community.


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