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

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.

The Ruling on Aborting the Fetus and Its Effect on Inheritance: A Comparative Study between the Four Sunni Schools, Indonesian Law and Malaysian Law

Abortion is an act of killing to life which is forbidden in Islam. Abortion gives rise to differences of view among past and contemporary scholars on its enabling and prohibition. So, this study is to examine the views of scholars and laws in Indonesia and Malaysia related to abortion and its impact on inheritance ownership. This situation affects the inheritance of property to the mother from the aborted baby. The method of this study is qualitative descriptive. The approach of this research method is descriptive of content through literature. Books, journals, newspaper clippings, and legal regulations are the premier references to this study. This study finds that there are similarities and differences between sharia law and the rules applied in Indonesia and Malaysia. In terms of similarities, Islamic law and the laws in Indonesia and Malaysia provide for the prohibition of abortion. But, in certain circumstances, the fetus can be aborted for certain reasons, such as harming the mother or for medical reasons. In addition, this study found differences in punishment for women who had an abortion for no valid reason. Therefore, this study reveals the harmonization of Islamic law with the laws conducted in Indonesia and Malaysia. So, this study recommends forming a better in-depth study of efforts to harmonize the larger Islamic law to the rules regulated in Muslim countries.

Food Service for Convicts in Correctional Institutions According to Laws and Regulations and Islamic Sharia

The rights of convicts as Indonesian citizens who lost their independence due to criminal acts must be carried out in accordance with human rights. One of them is the right to obtain adequate food and beverage services that meet nutritional and health standards in accordance with the provisions of laws and regulations. In addition, Islamic sharia (law) also regulates the rights of convicts to get good and halal food and drink. This requirement is an order from the Al-Quran and Hadith. The problem of this research is how to organize food according to the provisions of laws and regulations and the provisions of Islamic law. This research used sociological research method. According to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials. The secondary legal materials in this research consist of books, scientific journals, papers and scientific articles that can provide explanations of the primary legal materials. The results of the research found that in practice it was still found in Correctional Institutions that the rights of convicts had not been given in accordance with their rights as citizens. This is caused by several factors, including the lack of understanding of the regulations regarding the rights of convicts contained in the Law and sharia law by correctional Institution officers or even by the convicts themselves. Correctional officers need to be given dissemination regarding their obligation to provide food for convicts in accordance with laws and regulations.

Will Islamic Water Management Principles Be Included If the Helmand River Treaty Is Revisited?

Despite the importance of water management in Islamic culture, the role of religion has been underemphasized by scholars. Using the three criteria of equity, responsibility and sustainability, this study aims to assess whether Islamic water management principles are incorporated into the revision of the transboundary Helmand River Basin under the administration of the Taliban regime. In August 2021, Taliban returned to power in Afghanistan, with a goal of ruling Afghanistan based on Islamic Sharia law, presumably including the management of the transboundary watercourses. One such basin is the Helmand, shared with the downstream Islamic Republic of Iran, with whom Afghanistan will likely revisit the transboundary Helmand River Treaty, possibly based on Islamic water management principles. We examine how principles of Islamic code may influence future negotiations, including the construction of dams on the upper Helmand River Basin initiated under the former administration.

Al-Ahkam: Kategori dan Implementasi

Shari'a law is an order from Allah Swt that is related to the actions of mukallaf, whether in the form of demands, choices, or making something as a cause, condition, barrier, valid, null, rukhsah, or 'azimah. The law revealed by Allah Swt to humans aims for the benefit and safety of humans both in this world and in the hereafter. We will get this salvation if we obey Allah's laws consistently. The laws of Allah Swt that must be obeyed are in the nature of definite and undefined orders, orders to leave work with certainty and orders to leave work uncertainly such as whether to leave or not, and sometimes Allah SWT's law is optional. Sharia law 'is divided into taklifi law and wadh'i law. Taklifi law is a law that contains orders to be done or to be abandoned by mukallaf or which contains a choice between being done and left. There are five taklifi laws, namely obligatory, sunnah, permissible, makruh, and haram. While wadh'i law is a law that makes something as a cause for another, or a condition for something else or as a barrier for something else. Which includes the wadh'i law there are seven, namely cause, condition, barrier (mani'), rukhsah, azimah, and valid (al-Shihhah) and null (al-Buthlan). The judge (shari') is Allah Swt. Therefore all Muslims agree that the judge (source of law) is Allah Swt, so the applicable law is the law of Allah Swt.

Rola prawa karnego w systemie totalnej teokracji państwa muzułmańskiego

The aim of the study is to answer the question whether the way the system of criminal responsibility is shaped in classical Sharia law influences the characteristics of Islam understood as a political system seen as a total theocracy. The article presents the basic assumptions of the criminal law in Islam, focusing on the categories of crimes distinguished by traditional Muslim jurisprudence. The perceived features of Koranic criminal law regulation are juxtaposed with the attributes of criminal law of non-democratic systems, which leads to the conclusion that in the sphere of criminal law, there are many elements the two systems have in common. The individual’s position and the degree of protecting their rights resulting from the criminal law of Islam seem to make it impossible for a system based on classical Islamic law to meet the requirements of a modern democratic state.

The Existance of National Sharia Arbitration Agency in The Settlement of Sharia-law Banking Dispute In Rejang Lebong District

Purpose: The purpose of the study was to figure out how the existence of the national sharia arbitration body was in the settlement of sharia banking disputes in Rejang Lebong district. With the writhing of sharia-based economies, it certainly does not seal the possibility of a problem arising from it. In terms of matters resolved without need to to the realm of the court whether it has gone through a national sharia arbitration body or not yet.Design/Method/Approach: In the drafting of this article the author uses a qualitative approach. To search for data in this study constituents used interview methods with specific respondents. Analyzed it with deductive techniques. So that it could be narrated the results of those findings.Findings: The findings in this study turned out that the existence of national sharia arbitration agencies was still minimal, this being because of some of the first minimal financial or business institutions that used sharia foundations as a foundation in transacting. Second, still the lack of community understanding of the existence of national sharia arbitration institutions. For the problem settled ligitally only, many did not yet know it should be settled in the Court of Religion. Many societies who assume such things will be settled in ordinary public courts. Third, based on the recognition of bank leaders using the principle of sharia transactions, there was indeed no dispute at the bank yet.Originality/Values: The conclusion that can be drawn from research findings is the absence of existence from national arbitration agencies within the economic problems of the community of Rejang Lebong County

Kontroversi ’Aul dalam Hukum Waris Islam dan Praktiknya di Indonesia

This study aims to uncover the controversy of 'aul in the concept of Islamic inheritance' and the method of the majority of scholars in tarjīh this problem and how it is practiced in Indonesia. This research is a qualitativeresearch with a normative juridical approach that focuses on literature review and comparative analysis. The results of the study found that 'Umar bin al-Khaṭṭāb viewed that the concept of 'aul was a solution to the problem of inheritance which experienced an increase or excess in the origin of the problem which was not sufficiently divided among all heirs. As for 'Abdullah bin 'Abbās mentioned that if the inheritance is not enough to be distributed to all the heirs, then the one who has the strongest position among the heirs will take precedence over the inheritance rights. The majority of scholars then determined the solution to the inheritance problem that experienced 'aul by interpreting the words of 'Umar bin al-Khaṭṭāb, namely using the concept of 'aul. Then it was found that the application of the problem of 'aul in inheritance in Indonesia is considered still not optimal and even barely implemented. This is triggered by several factors including not too interested in the community and not yet aware of the importance of applying sharia law in inheritance issues. This research is expected to contribute thinking and education as a complement and valuable solution for inheritance problems in the Muslim community.

The Response of Southeast Asian and Indonesian Islamists to the Futuh of the Taliban: A Reflection

This article explains the purpose of establishing the Taliban, namely to restore peace, enforce sharia law, and maintain the Islamic character of Afghanistan. However, in responding to the futuh (the revolution, the victory) of the Taliban victory in Afghanistan on 15-17 August 2021, the Indonesian and Southeast Asian Islamists show differences. Indonesian Islamists and some radical Islamists in Southeast Asia, for instance, such as sympathizers supporting ISIS (Islamic State of Iraq and Syria) actually show the opposite attitude. IS or better known as ISIS (Islamic State of Iraq and Syria) considers the Taliban as a sworn enemy and branded them as infidels even though they have the same belief. The Taliban reject terrorism, even fighting ISIS terrorism and the like. In general, however, the Islamists in Indonesia show no euphoric response to the fall of Kabul instead of a plain hope that the Taliban government is able to rebuild a sovereign, inclusive, dignified, just and prosperous Afghanistan.