scholarly journals Tinjauan Hukum Islam terhadap Relasi Agama dan Negara dalam Perspektif al-Ghazali

2020 ◽  
Vol 3 (2) ◽  
pp. 186-199
Author(s):  
Jamaludin

This research aims to analyze the relationship between religion and country in the perspective of Islamic law. Among the scholars who are referenced in religious and state relations is al-Ghazali. His thoughts on the concept of religion and country are interesting to research. This research uses descriptive-qualitative methods in the form of library research. The results showed that between religion and state has a connection, so al-Ghazali analogizes religion and the king as 'two twins', of which religion is a foundation, while the king is the guardian. Something without a foundation will easily collapse and a foundation without guards will disappear. The existence of the king is a necessity for the order of the world, the order of the world is a necessity for religious order, and religious order is a necessity for the attainment of the welfare of the hereafter. Unequivocally, al-Ghazali said that a country that ignores morals (morals, ethics) will gradually suffer destruction or destruction. To that, al-Ghazali offers five ideal and moral conceptions of the state. The five conceptions are interdependence towards happiness, the fusion of science with religion and morals, moral-politics, the head of state who is sincere, and moral in international relations and deeds.

Author(s):  
Muhazir Muhazir

<p>This paper will discuss the politics of Islamic law until now, which still leaves debates between pros and cons parties, this debate is based on differences in views between secular Islamic groups and traditionalists, plus global political conditions increasingly influence the direction of Indonesian government legal policies. Library research is the method used in this paper, the legal policy approach and statute approach are used to analyze data found in various literature. The results of this study indicate that the struggle for the positivists of Islamic law in Indonesia is still reaping polemics, these polemics are based on three things; first, differences in understanding of the relationship between religion and state; second, the contemporary Indonesian political system is influenced by western politics; third, liberalism and communism have helped to hinder the positivists process of Islamic law in Indonesia</p><p><br />Tulisan ini akan mendiskusikan tentang politik hukum Islam hingga saat ini yang masih menyisakan perdebatan antara pihak pro dan kontra, perdebatan ini didasari oleh perbedaan pandangan antara kelompok Islam sekuler dan Islam tradisionalis, ditambahkan lagi dengan kondisi politik global semakin mempengaruhi arah kebijakan hukum pemerintah Indonesia. Library research merupakan metode yang digunakan dalam tulisan ini, pendekatan legal policy dan statute approach digunakan untuk menganalisis data yang ditemukan dalam berbagai literatur. Hasil penelitian ini menunjukan bahwa pergulatan positivisasi hukum Islam di Indonesia masih menuai polemik, polemik tersebut didasari oleh tiga hal; pertama, perbedaan pemahaman tentang hubungan antara agama dan negara; kedua, sistem politik indonesia masa kontemporer dipengaruhi oleh politik barat; ketiga, paham liberalisme dan komunisme turut menghambat proses positivisasi hukum Islam di Indonesia <br />Kata Kunci: Politik, Hukum Islam, Positivisasi</p><div><span><br /></span></div>


Author(s):  
Hendrianto Hendrianto ◽  
Juhaya S. Praja ◽  
Nurrahman

This study aims to reveal the relationship between Islamic philosophy and Islamic economic philosophy, both in terms of foundation, operation, and objectives. This library research (Library Research) uses documentation data collection techniques with data analysis, namely content analysis. The results showed that the relationship between sharia philosophy and sharia economic philosophy is that there is a philosophical foundation based on al-qur'am, hadith, ijma 'and qiyas, as well as operational principles, observations are made, take generalization conclusions and serve as theory, while the goal is both want to get happiness in the world and the hereafter, but what distinguishes the two lies in the broader study of sharia philosophy and complexity, while Islamic economic philosophy specializes in sharia economic studies. But for sharia economic philosophy discusses tauhid, caliphate, tazkiyah, and masuliyya. Operational principles, observing, drawing conclusions and making theory. The goal of obtaining falah, namely survival, freedom of desire, and strength and honor.


2017 ◽  
Vol 10 (2) ◽  
pp. 1-21
Author(s):  
Edi Gunawan

This paper examines religious and state relations of Islamic thought perspective. This study aims to describe how the relationship between religion and state in the view of Islam. The method used in obtaining data is descriptive method through literature study. The results of the study show that among Muslim figures or thinkers such as Nurcholish Madjid and Abdur Rahman Wahid agree that there is a constructive relationship between state and religion which by revivalists separates it. Some of the indicators are: (1) Islam gives the principles of the formation of a state with the concept of khalīfah ,dawlah, or hukūmah, (2) Islam emphasizes the democratic values of truth and justice, and (3) Islam upholds Human Rights by stating that the basic rights that human beings bring ever since they are born are the right of religious freedom. Therefore, Islam essentially emphasizes the importance of human rights to be upheld in a state, because human rights are rights that should not be disturbed and deprived from the person who has the right.


Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.


Author(s):  
Ebru Karaman

To be assumed as a truly democratic state of law; the state should not make law according to a religion and not have a religion-based structure. Turkey and France are two countries different from others being in the discussions on secularism examining the relationship between religion and state. Because the laicity is one of the foundations of the regime and takes part in the legal system as a constitutional principle. In the first chapter the provisions on laicity in the Turkish Constitutions before the date 1982 and in the Turkish Constitution dated 1982 are going to be explained then the discussions in Turkey are going to be evaluated according to the Turkish Constitutional Court's approach to the principle of laicity. In the second part the provisions on the principle of laicity in the French Constitution dated 1958 are going to be explained, afterwards the discussions on laicity in France is going to take place. State and religion relations continue to be relevant a subject. That is why it still gives form to Turkish political life. The freedom of religion and the separation of religious and state relations are the requirements of the laic state. For a state these includes not to have an official religion, be impartial to all the religion and to treat equal to all the believers to different religions, to distinguish the religious institutions and state institutions and not to have an accordance between the rules of and the rules of religion.


2014 ◽  
Vol 4 (1) ◽  
pp. 105
Author(s):  
Nafis Irkhami

Hizbut Tahrir (The Party of Liberation) is an international pan-Islamic politica<br />l organization. Its goal is to unify all Muslim countries as an Islamic state<br />(caliphate) ruled by shariah. They argued that caliphate and Islamic law should<br />not be separated. Without a caliphate, the sharia application will never be<br />totally accomplished. Factually, these grand themes constitute the global discourse<br />applied by Hizbut Tahrir movements around the world. It becomes<br />the main idea that links their global ideological ground and commonality.<br />Hizbut Tahrir (HT) entered into Indonesia in 1982, through M. Mustofa and<br />Abdurrahman al-Baghdadi. As in another countries, HT got repression from<br />the government. Using a momentum of the reformation era, Hizbut Tahrir<br />Indonesia (HTI) begin to socialize its ideas openly. Even in 2000, they have<br />registered its organization at the Ministry of Domestic Affairs.<br />This study aims to scrutinize the ideas of HTI thinking about political economy,<br />which is devoted to the theory about the relationship between religion, state<br />and economy, as well as the construction of public finances. This study is<br />intended as a historical study of Islamic economic thought. The discourse of<br />the study focuses on three questions. First, how does HTI grow in Indonesia,<br />and why does they flourish? Second, what are the relationship between the religion, the state and the economy according to them? Finally, how is the<br />structure of HTI’s public finances?<br />This qualitative study was an exploratory-analysis. It was intended to analyze<br />key concepts in a plantation of thought that has been documented, both<br />from primary and secondary sources. It is a library research. The sources of<br />the research are in the form of HTI’s works which have been well documented<br />in a large numbers, including in the Pdf formats. The study found that HTI<br />tended to see every current economic problem by reflecting it into the cultural<br />heritage of the past. Related to this, the slogan that they have always<br />been shouted was “Sharia is the only solution.” From this philosophy it can<br />be estimated that HTI’s thoughts of Islamic public finance, will face the problem<br />of contextualization.<br />Hizbut Tahrir (Partai Kemerdekaan) adalah sebuah gerakan politik Islam<br />internasional. Tujuannya adalah untuk menjadikan negara-negara Muslim dalam<br />satu kepemimpinan negara Khilafah yang diatur dengan syariah. Mereka<br />berpendapat bahwa kekhalifahan dan hukum Islam tidak dapat dipisahkan.<br />Tanpa Negara khilafah, syariah tidak dapat diterapkan dengan sempurna.<br />Gagasan utama inilah yang diusung oleh Hizbut Tahrir di seluruh dunia. Gagasan<br />pokok itulah yang mempertemukan idiologi dan pergerakan mereka. Hizbut<br />Tahrir masuk ke Indonesia pada tahun 1982 melalui M. Mustofa dan<br />Abdurrahman al-Bagdadi. Sebagaimana di negara-negara lain, HT mendapat<br />tekanan dari pemerintah. Dengan memanfaatkan momentum era reformasi,<br />HTI mulai mensosialisasikan ide-idenya secara terbuka. Bahkan pada tahun<br />2000 mereka telah mendaftarkan dirinya sebagai organisasi resmi di Depdagri<br />Ditjen Kesatuan Bangsa.<br />Studi ini bertujuan untuk mengungkap gagasan pemikiran HTI tentang<br />ekonomi politik, khususnya mengenai teori hubungan antara agama, negara<br />dan perekonomian, serta mengenai konstruksi keuangan publik. Kajian ini<br />dimaksudkan sebagai studi historis tentang pemikiran ekonomi Islam. Pokok<br />masalah dalam penelitian ini adalah: Pertama, bagaimana HTI tumbuh dan<br />berkembang di Indonesia. Kedua, bagaimanakah hubungan antara agama,<br />Negara dan perekonomian menurut mereka. Ketiga, bagaimanakah struktur<br />keuangan public menurut HTI?<br />Kajian kualitatif ini bersifat eksploratif-analisis, yakni dimaksudkan untuk mengurai dan menganalisa secara mendalam mengenai konsep-konsep kunci<br />dalam pemikiran HTI yang telah terdokumentasikan, baik dari sumber primer<br />maupun sekunder. Berdasar sifatnya, penelitian ini termasuk library research, di<br />mana bahan dan sumber data penelitian ini berupa karya-karya dari tokohtokoh<br />HTI yang telah terdokumentasikan dengan baik dalam jumlah besar,<br />termasuk dalam format Pdf. Penelitian ini menemukan bahwa HTI cenderung<br />melihat segala persoalan ekonomi saat ini dengan merefleksikannya pada warisan<br />budaya masa lalu. Terkait dengan hal ini, slogan yang selalu mereka teriakkan<br />adalah “Syariah adalah satu-satunya solusi.” Dari cara berfikir ini dapat diperkirakan<br />bila pemikiran-pemikiran keuangan publik HTI akan menghadapi problem<br />kontektualitas.


2020 ◽  
Vol 6 (2) ◽  
pp. 289-309
Author(s):  
Sirajuddin Sirajuddin ◽  
Kasjim Salenda ◽  
Abdul Wahid Haddade

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.


2020 ◽  
Vol 3 (2) ◽  
pp. 217
Author(s):  
Luqman Nurhisam ◽  
Dimas Aprilianto

<p class="Default"><em>Bank secrecy refer to secrets in the relationship between a bank and a customer. In accordance with Article 40 paragraph (1) of Law Number 10 Year 1998 concerning Banking, it is stated that banks are required to keep confidential information regarding their depositing customers and their deposits. The research was conducted using the library research method, which looks for normative sources of law by reviewing the laws and regulations that apply or are applied to a particular legal problem. The approach used is the statutory approach, namely the approach taken by examining laws relating to bank secrecy. The purpose of this study is to further examine how Islamic law views the regulation of bank secrecy in Indonesia. The results of this study are related to the maintenance of one of the basic needs elements, namely assets that must be protected (hifdz al-maal), so if other parties ask for an explanation of the financial condition of a customer from a bank, this is not allowed.</em></p>


2020 ◽  
Vol 8 (2) ◽  
pp. 238-259
Author(s):  
Moh. Dliya'ul Chaq

Paragraph 1, article 6 KHI and fiqih madzhab hanafiyyah both state the mandatory approval of the prospective bride. The similarity between the two raises the proposition that the article on women's consent in the KHI is relevant to the hanafiyyah school of thought. But in reality, the logical formulation sequence of the hanafiyyah version of the agreement law is built on the basic understanding that women have rights rather than their guardians so that guardians have no rights in marriage, seemingly incompatible with the Islamic Law Compilation. This encourages the importance of the hadith study on women's consent. Through a literature review (library research) with a comparative analytical descriptive model, it is concluded; First, the hadith for women's consent is understood by hanafiyyah that women are more entitled than their guardians to the agreement, contract and other things. In other languages, guardians do not have rights over their daughters so that guardians are not a condition or harmonious in marriage. Second, there is no relevance between KHI and fiqih madzhab hanafiyyah, because in the legal construction between the two is different, where women's approval of their marriage in the hanafiyyah school is based on the basic stipulation that the guardian does not have the authority to approve or marry so that the guardian is not needed in marriage, while KHI states that women only have the authority to approve their marriage while still giving marriage authority to the guardian of marriage.


Author(s):  
Ridwan Ridwan

The paradigmatic debate on the relationship between religion and state in Islam is an actual classic problem. The debate rises due to the absence of the normative basis and historical precedents that definitively state the relation between religion and state. Therefore, the paradigm formulation between religious and state relations is a matter of ijtihadiyah which is always open for debate. This article shows that theoretical debates about the relations between  religious and state leads to three paradigms: integralistic, secularistic and symbiotic-mutualistic paradigms.


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