KOMPETENSI DAN YURISDIKSI HUKUM ISLAM DALAM PERSPEKTIF FILSAFAT HUKUM ISLAM

2020 ◽  
Vol 7 (2) ◽  
pp. 139-155
Author(s):  
Juli Amalia Nasucha
Keyword(s):  
Islamic Law ◽  
Social Institution ◽  
Two Dimensions ◽  
Political Asylum ◽  
Constitutional Politics

Some of the themes discussed in this study include: knowing the miniature of Sharia, the field of Fiqh, Islamic governance, and Political Asylum. Some of the conclusions generated from the discussion regarding the Competence and Jurisdiction of Islamic Law include: First, it is necessary to know that there are two dimensions in Islamic law which are closely related to each other, namely the divine dimension and the Insaniyah dimension. Second, as a derivation of the two dimensions contained in Islamic law, then Islamic law is divided into two parts, namely Islamic law as a product of Law / Fiqh or fiqh as a science, while the second is law as a social institution. Third, fiqih as a social institution This then gives rise to jurisdiction in applying Islamic law so that the next discussion that becomes important is the concept of constitutionality in Islam with all its articulations concerning Islamic constitutional politics.

scholarly journals QARDHUL HASAN DALAM PERSFEKTIF HUKUM ISLAM PADA BAITUL MAAL WA TAMWIL (BMT) DAN IMPLEMENTASINYA

2019 ◽  
Vol 1 (1) ◽  
pp. 44-58
Author(s):  
Muhamad Bisri Mustofa ◽  
Mifta Khatul Khoir
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Financial Institution ◽  
Social Institution ◽  
Small Communities ◽  
Economic Law ◽  
Potential Source ◽  
Islamic Financial Institutions

Abstract In the implementation of Islamic Financial Institutions such as the Baitul Maal wa Tamwil (BMT) there are various ways of collecting funds and channeling funds. Funds are collected through wadi'ah deposits and deposits. While the distribution of funds is done by murabahah, mudharabah, musyarakah, rahn (pawn), ijarah, ijarah multijasa and qardhul hasan financing. Qardhul Hasan's financing is the orientation of the function of the Islamic Financial Institution (Baitul Maal Wa Tamwil) as a social institution. Qardhul hasan is a soft loan given on the basis of mere social obligations. In this case the borrower is not required to return anything except the amount borrowed. In Qardhul Hasan financing there are pillars and conditions, namely the perpetrator of the contract consisting of muqtaridh (borrower), muqridh (lender), qardh (fund), shighat ijab and qabul willingness for both parties and funds used for something useful and lawful. Qardhul Hasan is an activity to achieve a predetermined goal or target by the relevant Islamic financial institutions. The mechanism for implementing Qardhul Hasan is solely aimed at providing assistance to meet the needs of small communities. Thus it can be seen that the form of borrowing through Qardhul Hasan is in accordance with the principles of sharia economic law, the potential source of Qardhul Hasan's funding is quite large if it is utilized and managed optimally and its implementation is very useful for the community. Keywords: Qardhul Hasan, Islamic Law, BMT

scholarly journals Otoritas dan Gerakan Keagamaan Daengguru: Studi Sejarah Islamisasi di Sulawesi Selatan

2020 ◽  
Vol 11 (2) ◽  
pp. 67-91
Author(s):  
Mustari Bosra
Keyword(s):  
Social System ◽  
Islamic Law ◽  
Social Institution ◽  
Integration Pattern ◽  
System A ◽  
South Sulawesi ◽  
The Social ◽  
Almost All ◽  
The Village ◽  
Central Level

This paper is about the Islamization movement of the kingdoms in South Sulawesi, sointegrated sara 'is into a social institution called pangadereng (Bugis) angadakkang (Makassar). To ensure the upholding of Islamic law, which has been integrated into the social system, a religious bureaucracy (Islam) known aswas formed sara '. The royal bureaucratic officials who handle this institution, from the central level to the village or village level are called parewa sara ', which in this study uses the term daengguru. This integration pattern was developed in almost all Islamic kingdoms in South Sulawesi. Adat has its own field and sharia controls its own field. One another should not disturb each other. When the King of Bone La Maddarremmeng was about to confront Islam and customs, he was opposed by all parties. When Arung Matowa Wajo declared a strong Islamization, he was also evicted from his position.

scholarly journals Islamic Law and the Challenge of Modernity

2007 ◽  
Vol 24 (1) ◽  
pp. 98-101
Author(s):  
Mohammad Fadel
Keyword(s):  
Social Organization ◽  
Islamic Law ◽  
Social Institution ◽  
Arab State ◽  
Modern World ◽  
Legal Systems ◽  
Positive Law ◽  
Islamic Countries ◽  
Georgetown University ◽  
Meaningful Sense

This book includes eight articles on various aspects of Islamic law in themodern world, as well as an introduction by the two editors. The articles grew out of a symposium held at Georgetown University in 2001 under the title of“Arab Legal Systems in Transition.” Despite the book’s title, however, itdeals exclusively with the Arab world.That said, the articles are generally very interesting and, in some cases,provocative. Wael Hallaq’s article is the most provocative, for he suggeststhat because the traditional socioeconomic infrastructure that supported theShari`ah as a social institution in the pre-modern world has vanished in theface of the centralized state, the Shari`ah cannot be restored without revolutionaryinstitutional changes in the Arab state that would, at a minimum,give religious scholars the institutional independence to formulate a legitimatevision of Islamic law. While there can be little disagreement with Hallaq’s observation that thetraditional institutions are gone and will not return, I am not sure why heassumes that the only type of legitimate Islamic law is one formulated by anindependent class of jurists. May it not be the case that a centralized state,subject to democratic controls, could formulate positive legislation that conformsin a meaningful sense with the Shari`ah’s principles? After all, legalmodernity has generally meant the rise of positive law at the expense ofjudge-made law, with the former greatly eclipsing the latter in importanceand prestige. It is highly improbable that Islamic countries could, even ifthey wished, escape the need for ever more positive legislation to cope withthe unique problems posed by modern social organization ...

scholarly journals UNIVERSALITAS DAN LOKALITAS HUKUM ISLAM

2015 ◽  
Vol 10 (1) ◽  
pp. 71-91
Author(s):  
A. Malthuf Siroj
Keyword(s):  
Common Ground ◽  
Islamic Law ◽  
Legal Discourse ◽  
Two Dimensions ◽  
The Other ◽  
Human Beings ◽  
Mutual Attraction ◽  
Legal Thought ◽  
The Law

Islamic law has two dimensions at once, namely universality and locality. In contemporary Islamic legal thought, there are two trends that contain mutual attraction between the two to bring dimension of locality to the dimension of universality on one side, and vice versa on the other side. As a consequence, there will be two possibilities, absoluteness or relativization of Islamic law. The legal discourse increasingly gains its own intensity in recently in line with the development of science and the use of various approaches in the study of Islamic law. Islamic law that is universally used is called syari`ah. This syariah law is rules of Allah SWT that is produced from texts with qath’î quality either from the side of the existency or the meanings without human beings rasional (ra’y) intervention because those texts are not the object of Ijtihad. Meanwhile, local Islamic Law is called fiqh. It is the law which is produced from texts with zhannî quality and becomes an object of Ijtihad. Because Fiqh is the result of Ijtihad so that it is usual when there are many madzhabs on it. Therefore, this paper will put this issue in proportion to find common ground between the two trends of contemporary Islamic legal thought. So that, it will hopefully clear up us the limits of universality and locality dimension of Islamic law, a focus of this legal discourse.

scholarly journals Analogical Reasoning (Qiyas) and the Commodification of Women: Applying Commercial Concepts to the Marital Relationship in Islamic Law

ICR Journal ◽  
2011 ◽  
Vol 3 (1) ◽  
pp. 154-180
Author(s):  
Mohammad Omar Farooq
Keyword(s):  
Analogical Reasoning ◽  
Islamic Law ◽  
Marital Relationship ◽  
Social Institution ◽  
Islamic Jurisprudence ◽  
Impact On Family ◽  
Islamic View ◽  
Central Social

Analogical reasoning (qiyas) is one of the four sources of Islamic jurisprudence. It is recognised that the outcomes of qiyas are generally speculative in nature. However, a vast portion of the corpus of Islamic law is derived based on qiyas. One such area is marital relationship and mutual rights of the spouses. In several areas of marital relationship and mutual rights, the Islamic jurisprudents have applied concepts and tools that are related to commerce or business (tijarah). Such terminologies include bay’ (exchange/buy/sale) and ijarah (lease). This article examines such employment of business-related framework in the area of marital relationship and mutual rights. Based on both classical and post-classical legal sources, the author analyses the legalistic tendency underlying the legacy of the traditional Islamic law, as exemplified in using business-related framework in an overreaching manner. This article also offers an explanation of how the traditional Islamic view on slavery might be closely connected to this commodified view. Furthermore, it sheds light on how such commodification can impact on family as a central social institution.

scholarly journals Performance-based assessment of students’ communication skills

2021 ◽  
Vol 10 (1) ◽  
pp. 221258682110062
Author(s):  
Edith Braun
Keyword(s):  
Higher Education ◽  
Communication Skills ◽  
Social Institution ◽  
Two Dimensions ◽  
Postgraduate Students ◽  
Performance Skills ◽  
Verbal Skills ◽  
Factors Analysis ◽  
Performance Based Assessment ◽  
Self Assessments

Higher education is a fundamental social institution that supports the latest theoretical developments and builds advanced skills. All institutions of higher education require that undergraduate and postgraduate students acquire performance skills as communication. Despite the fact that nearly every higher education program and discipline includes such skills among their learning outcomes, there are few instruments available with which to assess such complex competences. This article presents the findings of a study in which an instrument to measure communication skills was operationalized according to Habermas’ theory of communication, which distinguishes between strategic and understanding-oriented communication. The instrument introduced and used was based on role-plays that included standardised instructions and standardised observation forms. In addition to the empirical investigation into the theoretical dimensions of strategic and understanding-orientated communication, this study also examined two correlations: the correlation between performance-based testing and self-assessments and the correlation between performance-based testing and non-verbal communication. Two dimensions can be found in confirmatory factors analysis. Furthermore, the study found a medium correlation with non-verbal skills, but low correlation with self-assessments. Following a presentation of the study, the article concludes with a discussion of the benefits as well as limitations of such an instrument.

scholarly journals REKONSTRUKSI HUKUM ISLAM: KAJIAN HISTORIS ATAS URGENSI PELEMBAGAAN WAKAF PRODUKTIF DI INDONESIA

2012 ◽  
Vol 8 (2) ◽  
Author(s):  
Ahmad Syukron
Keyword(s):  
Islamic Law ◽  
Two Dimensions ◽  
Economic Power ◽  
Historical Approach ◽  
Library Research ◽  
Gathering Data

This paper studied the urgency of Islamic Law reconception, especially focused on productive wakaf (sustainable Islamic donation) management. As one of Islamic teaching, wakaf has two dimensions, individual and social. If it was worked and managed productively, wakaf would become one of economic power toward Muslims. Following this trend, the study tried to focus on problems of developing productive wakaf management teaching in Indonesia. This study was library research and used historical approach. In gathering data, it took secondary and primary ones, and then analyzed them inductively and deductively, simultaneously

The Implementation Of Islamic Law At The Early Spread Of Islam In Indonesian Archipelago

2018 ◽  
Vol 16 (2) ◽  
pp. 113
Author(s):  
Kasman Bakry ◽  
Edi Gunawan
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Two Dimensions ◽  
First Century ◽  
Legislative Process ◽  
Human Dimension ◽  
Legal Basis ◽  
Normative Approach ◽  
Indonesian Archipelago ◽  
Two Sides

The study on the gradualityprinciple (tadarruj) of Islamic law in the context of Islamic law legislation in Indonesia has broad issues. The process of Islamization in the archipelago has been taking place gradually, since the advent of Islam in the 7th century AD or the first century of the emergence of Islam in Arab. The legislation efforts of Islamic law in the context of the legal system of a country always raises two sides, they are universal and the particular. Universality and particularity of the Islamic laware motivated by two dimensions, ie the dimensions of divinity (ilāhiyyah) and the human dimension (insāniyyah). This paper is a qualitative research that focuses on discussing regarding the implementation of Islamic law at the early spread of Islamin the Indonesianarchipelago, with the historically normative approach. The conclusion is the graduality principle has been applied in the legislative process in the Islamic law in Indonesia,but it has no formal legal basis in the form of laws regulating the formation of a national law, although it has been implemented in the legislation process of Islamic law. Keywords: Islamic law; Graduality; legislation; Indonesian Archipelago

scholarly journals NIKAH MUT{’AH SEBAGAI ALTERNATIF HUKUM PERKAWINAN ISLAM: Telaah terhadap Pemikiran Sudirman Tebba

2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Khusniati Rofi'ah
Keyword(s):  
Islamic Law ◽  
Social Institution ◽  
Structural Theory ◽  
Muslim Community ◽  
Sexual Relations ◽  
Short Article ◽  
Control Society ◽  
Early Islam ◽  
Liberal Culture ◽  
Functional Position

<p align="center"><strong>NIKAH MUT</strong><strong>{</strong><strong>’AH SEBAGAI ALTERNATIF HUKUM PERKAWINAN ISLAM: Telaah terhadap Pemikiran Sudirman Tebba</strong></p><p align="center"><strong> </strong></p><p align="center"><em>Khusniati Rofi’ah</em><em></em></p><p><strong> </strong></p><p class="Default"><strong>Abstract:<em> </em></strong><em>Islamic law as a social ‘institution’ </em>(pranata sosial)<em> is substantively to control society and to response amount of problems which human does. Mujtahids as Islamic creative thinkers should have standard competence to reformulate and to anticipate problems appear at their community. Sudirman Tebba, who often studies many problems such as zina (‘illegal sexual relations), is one of Islamic law creative tinkers in Indonesia. </em><em>According to him, illegal sexual relations do not impact of liberal culture merely. It can be effect of both bureaucracy system and legal law officers. Tebba recommends nikah mut’ah as a solution to this problem. Nikah mut’ah, which muslim community does at early Islam, is a procedur to legalize nikah. </em><em>Theoretically, nikah mut’ah is contrary to functional structural as Talcot Person theorizes. Person states that family structure, individually, has a function and position.</em></p><p class="Default"><em>There is a limitation of time for Nikah mut’ah. So a husband will not be at his functional position. Tebba statement, will probably ease people to legalize their marriage, but it at the other hand will affect bigger negative problems. It is a contra productive to Islamic law, which takes care of and protects humanities. This short article is to show how functional structural theory sees nikah mut’ah as Islamic law works, and what does it implication to society in Indonesia.    </em><em> </em></p><p class="Default"><em> </em></p><p class="Default"><strong>Keywords:</strong><em> Islamic law, Nikah mut’ah, functional structural</em></p>

scholarly journals Knowledge of Sufism and the Symbolic Interpretation of Paradise Garden Design Concept

2021 ◽  
Vol 2 (2) ◽  
pp. 254-283
Author(s):  
Sonia Nasir Khan ◽  
Muhammad Ahsan Bilal
Keyword(s):  
Islamic Law ◽  
Outer Part ◽  
Two Dimensions ◽  
Human Beings ◽  
Garden Design ◽  
Two Truths ◽  
The World ◽  
Symbolic Interpretation ◽  
True Knowledge ◽  
Holy Place

As human beings we stand on the edge of two truths: the existing material world and the Spiritual being world. The knowing heart is the holy place, where these two dimensions meets and combined. In Sufi lessons the mortal heart of human is not an imaginary symbol but an objective organ of perception and intuition that reflect transcendent qualities in the world, for the assistance and help of other people. The Sufis, mystics of Islam, have been mentors of the heart for almost fourteen centuries. Their education and techniques purpose is to stimulate us and help us to wake up and clean the self for Divine love. Sufism is the spiritual dimension of Islam. According to Sufism, there are two aspects of Islam: the outer part, which consists of the Shari‘ah (the rules of Islamic law), and the inner part, so-called tariqah (the spiritual way). Together, these aspects lead one to haqiqah (the Truth). Sufism is another term for tariqah. This paper is an attempt to understand Sufism knowledge (true knowledge) and how this knowledge is related in world and with ChaharBagh (Garden of Paradise) concept, “symbolic interpretation of paradise garden” which is used by the Muslims in architecture. Sufism explains us that it is possible to understand the world beyond our thoughts. Those who dedicate themselves in Sufim exercise and practices eventually discover the state they can see things as real and true as they are or when you worship God as though you can see him.

Sign in / Sign up

Export Citation Format

Share Document