scholarly journals Fenomena Hukum Islam di Masa Modern; Upaya Harmonisasi antara eksistensi dan Relevansi

2021 ◽  
Vol 4 (2) ◽  
pp. 128-147
Author(s):  
Jihad Khufaya ◽  
Muhammad Kholil ◽  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Modern Times ◽  
New Thinking ◽  
Universal Values

 Islamic law is often identical with the number of Islamic rules and doctrines regarding a number of static and standardized daily problems of Muslims. However, it often gives birth to various nuances of new thinking, in response to the emergence of a number of contemporary challenges and problems that make Islamic law seem dynamic. How far is the existence of Islamic law with its stability without being trapped in a stagnant attitude, and whether Islamic law in modern times is still relevant to Islamic law revealed by Allah SWT. and to what extent it must accommodate the various dynamics of new thinking without having to reduce the eternal and universal values and principles of Islam, is very important to put forward

scholarly journals ZAKAT WITHIN THE FRAME OF THE UNITARY STATE REPUBLIC OF INDONESIA: ADAPTABILITY OF SHARIA VALUES AND CULTURES

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
M Usman
Keyword(s):  
Islamic Law ◽  
Logical Consequence ◽  
Local Culture ◽  
Methodological Framework ◽  
Multicultural Society ◽  
Social Culture ◽  
Rational Development ◽  
Unitary State ◽  
Universal Values ◽  
The Republic

This paper aims to elaborate the dynamics of Islamic law assimilation with local culture. With the hope that in the future it will form a basic perspective in shaping the philanthropy of contemporary Islamic law based on the reality of Indonesian society. The basic questions which is going to be answered through this paper are, first, the extent of the adaptability of Islamic law in the midst of multicultural society conditions in Indonesia. Second, what are juridical, normative and sociological arguments in placing zakat as a support for the integrity of the Unitary State Republic of Indonesia. Third, How is the Formulation of the Concept of Zakat within the frame of Unitary State Republic of Indonesia? The conclusion from this study shows that, first, the characteristics of Islamic law indicate the ability of adaptability to the culture of the society in which it is accepted. Even in this case Islam has provided important principles regarding rational development in efforts to adapt to its new environment. Second, placing zakat as a support for the integrity of the Unitary State Republic of Indonesia is worth to be formulated. This is a logical consequence of the efforts of the Islamic ummah to always place al-Qur'an and al-Sunnah as limited texts. One of the most fundamental results of Indonesian social culture is the realization of the Unitary State of the Republic of Indonesia. Making the formulation of zakat in the frame of the Unitary State Republic of Indonesia is a clear proof that Islamic law contains universal values that are valid in any time and any place. Third, the methodological formulation of zakat in the frame of Unitary State of the Republic of Indonesia is in a dynamic and accommodating ijtihad towards change. This methodological framework is based on al-Mashlahah, ‘Urf, Sad Dzaria'ah and dialectics between Gama and the State.

scholarly journals LARANGAN PERNIKAHAN BEDA AGAMA DALAM PERSPEKTIF SYAD ZARI’AH IMAM AL-SYATIBI

2018 ◽  
Vol 2 (2) ◽  
pp. 174
Author(s):  
Muhammad Zainuddin Sunarto
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Islamic Law ◽  
Preventive Measures ◽  
The Other ◽  
Application Form ◽  
Modern Times ◽  
Race And Class ◽  
The Road

Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion

Ecology of E-Governance

2011 ◽  
pp. 431-436 ◽  
Author(s):  
S. Sharma
Keyword(s):  
Conceptual Framework ◽  
Ecological Perspective ◽  
Societal Transformation ◽  
Global Society ◽  
Role Of Government ◽  
Modern Times ◽  
Human Aspects ◽  
History Of ◽  
Universal Values

The concept of e-governance in the modern times refocuses on the fundamental role of government as the institution of transformation of society. To understand the intricacies of e- governance it will be pertinent to examine the concept from an ecological perspective. The system of governance in order to meet the challenges must equip itself with the mechanisms of managing the pressures generated from different subsystems. The interrelationship and interdependence of these subsystems explain the operational reality of bureaucratic systems in relation to societal transformation. In last few decades, the history of humankind has seen the enormous growth of technology and its utilization for creating a better global society, by disseminating the knowledge down to common person and transcending the geographical boundaries. The accessibility of knowledge is not confined to any nation. Thus, the whole world has to acquire a bigger vision of coexistence with divergent societal patterns in future, because it is the source of developing shared visions. The present analysis focuses on the normative aspects of e-connectivity, specifically, 1. It proposes a conceptual framework to understand the futuristic operational dynamics of ecology of e-governance; 2. It proposes how the interactions of various components of e-governance, can help in evolving a universal society with ethical axis to create a better world; 3. It suggests that the whole world eventually has to move in the direction of evolving a global society by inculcating universal values of coexistence with divergent ethos. Hence, the need to transform the society cannot be subdued; and 4. It focuses on striving a balance between technological and human aspects by bringing out philosophical core at the centre to evolve global society.

Compelling Defendant's Appearance at Court in Islamic Law

1996 ◽  
Vol 3 (3) ◽  
pp. 305-315 ◽  
Author(s):  
Farhat Ziadeh
Keyword(s):  
Islamic Law ◽  
Roman Law ◽  
Legal Representative ◽  
Legal Systems ◽  
The West ◽  
Modern Times ◽  
Muslim Countries ◽  
Primary Function ◽  
Long Time ◽  
The Law

AbstractDifferent legal systems have employed a variety of measures to insure the appearance of the defendant in court. The earliest conception of an action in Rome and in pre-Islamic Arabia was the voluntary appearance of both parties before a recognized or prestigious authority. Thus, early Roman law could not pass judgment against a defendant who failed to appear, either voluntarily or involuntarily. The idea that the court could give a judgment in the plaintiff's absence—the so-called judgment by default—took a long time to materialize in the West. Classical Islamic law requires that the defendant or his legal representative (wakīl) be present for a judgment to be given. This requirement is predicated on the assumption that the primary function of the judge is conciliation of the parties and not necessarily the vindication of rights. The law describes various measures that may be employed to force the defendant to appear in court. Failing that, it provides for the appointment of a legal representative for the defendant. Judgment by default was introduced into Muslim countries only in modern times under the influence of Western codes of procedure.

scholarly journals Ijtihad dan Beberapa Ide Pembaruan dalam Fikih Islam.

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Umar Al-Haddad
Keyword(s):  
Islamic Law ◽  
Fourth Century ◽  
Modern Times ◽  
Islamic Jurisprudence ◽  
History Of

Assumption that the door of ijtihad was closed, despite ever becoming conspicuous in general, has never been universally accepted by all scholars. In the period after the fourth century BC /10 AD—during the opinion was evolving—history still noted the emergence of figures not only by showing their thought on ijtihad but also by showing their firm rejection to the view which said that the door of ijtihad was closed. By reviewing the position of ijtihad and its development in the history of Islamic jurisprudence (fiqh), this article proves that ijtihad is a must in the dynamics of the Islamic law. With the spirit of ijtihad, various reform ideas in Islamic jurisprudence in modern times have become possible and kept open for discourse, such as the approach between schools, collective ijtihad, ijtihad in the field of principles (ushûl) , and a review toward the qualification of mujtahid in modern times.DOI: 10.15408/ajis.v16i1.2896

scholarly journals Sabilillah dalam Pandangan Syekh Mahmud Syaltut dan Implementasinya dalam Hukum Islam Kotemporer

2020 ◽  
Vol 2 (1) ◽  
pp. 41-50
Author(s):  
Ahmad Dzulfikar
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Library Research ◽  
Universal Values ◽  
Interpretation Method

This paper reviews the meaning of the phrase sabilillah in the view of Shaykh al-Azhar, Al-Imam Al-Akbar, Shaykh Mahmud Syaltut. Discussing this phrase, Syaltut uses the maudhu'i interpretation method which is implemented in many of his works. By using the library research method, data related to Syaltut thought is collected and analyzed. From these data, the concept of sabilillah in view of Syaltut includes universal values of life established by Islamic law: goodness, justice, cooperation and compassion; and sabilillah is how to realize the objectives of Islamic law itself. With this understanding, Islamic law in the hands of Syaltut appears dynamic in accordance with the context of his era.

scholarly journals The Concept of Patah Titi: The Problem of Inheritance and Its Solution in Aceh Tengah

2019 ◽  
Vol 26 (1) ◽  
Author(s):  
Fauzi Fauzi
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Pluralism ◽  
Customary Law ◽  
State Laws ◽  
The People ◽  
Customary Laws ◽  
Universal Values ◽  
Legal Consequences

This article examines the inheritance issue of patah titi practiced by the people of Aceh Tengah. Patah titi is a state in which one of the aṣḥāb al-furūḍ (obligatory sharers or primary heirs) loses linkage (due to death) to muwārith (the deceased). This study used descriptive analysis and drew upon legal pluralism,which considers the interaction between state laws, customary laws, and religious laws in resolving a case. The findings show that inheritance distribution is implemented in three steps: first, the heir inherits nothing due to the legal consequences of patah titi; second, the heir receives inheritance because they are considered a badl (substitution) of the predeceased heir; third, the heir receives hibah (gift).The last two steps in the settlement of patah titi are derived from various sources, including the Compilation of Islamic Law (KHI), customary law,and the universal values of Islamic law, which consider principles of equity, humanity and child protection.

scholarly journals Contribution of Islamic law in the discretionary scheme that has implications for corruption

2019 ◽  
Vol 19 (2) ◽  
pp. 147-167
Author(s):  
Muhammad Chairul Huda ◽  
Budi Ispriyarso
Keyword(s):  
Public Administration ◽  
Islamic Law ◽  
Effective Communication ◽  
Thin Line ◽  
State Administration ◽  
Universal Values ◽  
The Law

This paper explores the studies of the thin line between discretion (freis ermessen) with a criminal act of corruption, using Islamic law’s perspective as one of the law material in Indonesia. Aim of this paper is to make boundaries between discretion which made based on State Administration Product and regulation and help an officer who does discretion will not be trap in a criminal act of corruption through Islamic law’s perspective. This paper purpose four boundaries. First, the boundaries can be seen through understanding the qawāidul fiqhiyyah especially related to governance. Second, act of detournement de povouir (abuse of authority) and abus de droit (arbitrariness) are contradictive with prophetic’s characteristic such as ṣiddiq (honesty), amanah (accountability), tablig (effective communication), faṭonah (smart and heedful). Third, detournement de povouir or abus de droit can categorized as jarimah takzir which can be punish by the authority above them. Fourth, effort to prevent the criminal act of corruption are with uswah leadership, muraqobah, qanaah, and commitment to take care themselves and their family with halal income. For that, public administration can consider using universal values in Islamic Law to help doing discretion without trapped in criminal act of corruption.

scholarly journals Analisis maslahah dalam millennium development goals

2013 ◽  
Vol 13 (2) ◽  
pp. 141
Author(s):  
N. Oneng Nurul Bariyah ◽  
Siti Rohmah
Keyword(s):  
Maternal Health ◽  
Child Mortality ◽  
Millennium Development Goals ◽  
Islamic Law ◽  
Data Sources ◽  
Equity In Education ◽  
Reduce Child Mortality ◽  
Library Research ◽  
Development Goals ◽  
Universal Values

The analysis of Maslahah in the Millennium Development Goals . This research is a study Maslahah of the Millennium Development Goals (MDGs). The focus of this research is Maslahahof five MDG targets, namely: 1) Reduction of extreme poverty and hunger, Equity in education, 3) Supporting the equation of gender and empowerment of women, 4) Reduce child mortality, 5) Improve maternal health The method of research used qualitative analysis. The data sources of this study is literature, Because this type of research is library research. The results Showed that the millennium goals are maslahah values that have an influence on the maintenance of maqasid al-Shari’ah, namely: to maintain religion, mind, spirit, Ancestry, wealth, lineage. All of this indicates the existence of universal values of Islamic law as rahmatan lil’alamin and suitable for all times and places salih likulli zaman wa makan.

scholarly journals PENCATATAN PERKAWINAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN PERSPEKTIF HUKUM ISLAM

2020 ◽  
Vol 4 (01) ◽  
pp. 46-73
Author(s):  
Hafidhul Umami
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Modern Times ◽  
Early Islam ◽  
Ordinary Bond ◽  
Ancient Times ◽  
The Law ◽  
The Relationship

Marriage is a very sacred thing considering that it can legalize the relationship between a man and a woman, but many parties consider marriage to be an ordinary bond as evidenced by rampant prostitution wrapped in abusive marriages or contract marriage. It is important to overcome such things by passing the Marriage Law number 1 of 1974 concerning marriage, one of which is related to marriage registration. Islamic law does not explicitly discuss marriage registration, considering that in early Islam (ancient times) there was not much prostitution engineering in the name of marriage, in modern times there has been a lot of such prostitution to anticipate the emergence of the law on marriage registration. Marriage registration which is a government regulation does not violate the provisions in Islamic law and even supports Islamic law. Because this can bring maslahah and reject madlarat. This is in accordance with the principles of Islamic law, namely paying attention to the benefit of humans.

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