E-Journal IAIN Samarinda (Institut Agama Islam Negeri)
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Kurikulum Fikih dalam Bingkai Negara Kesatuan Republik Indonesia: Upaya Membangun Peradaban Islam berbasis NKRI
No full textDespite having a population that is predominantly Muslim, Indonesia is not an Islamic state; instead, it is a unitary state with different ethnic, tribal, cultural and religious views. Therefore, the awareness of Indonesian people toward the concept of plurality is instrumental in social life. This article attempts to discuss the need for a method in learning Islamic law that leads to the cognizance of the importance of plurality. By using content analysis method, this study focuses on finding learning methods of Islamic law within the framework of the Negara Kesatuan Republik Indonesia (NKRI, Unitary Republic of Indonesia). It finds that all textbooks on Islamic law taught at secondary schools have deficiencies in addressing Indonesian diversity in an inclusive manner. Hence, more reading materials that touches on issues of plurality in the interest of the state and nation are badly needed. The results of this study confirm that the plurality-sensitive Islamic jurisprudence (fiqh) can be implemented in two ways: first, through education; and second through reforming the body of fiqh itself. When the concept of fiqh is unresponsive toward the phenomenon of pluralism and human rights, then its manifestations by Muslims may also envisage this very own fiqh concept. Keywords: contextuality of fiqh, Unitary Republic of Indonesia, plurality education in Indonesi
The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems
Get PDFThis article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation); and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES), do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis) in Islamic history which on a certain level similar to the role of judges in common law system.Keywords: Sharia Judges’ Role, Legal Profession, Bureaucracy, Common Law System, Civil Law Syste
Pendekatan Istishlāhi dalam Ijtihad Abu Bakar Al-Shiddiq
Get PDFAbstract:This article discusses how one of the most important figures in the history of Islam, the Caliph Abu Bakr al-shiddiq, solved the problem of Islamic law. As a literature-based study, this article focuses on solving legal issues that have no implicit basis in the Qur'an because of the different times between the life of the Prophet Muhammad and the Caliph Abu Bakr as-Siddiq. It then attempts to analyze the method of ijtihad employed by Abu Bakr as-Siddiq. This article has significance in assessing methods of resolving contemporary legal problems that have no legal basis found in the source of Sharia especially in the Qur’an. This study is certainly relevant to the present conditions which have different circumstances compared to that of when the Qur'an was first revealed. It thus reveals that Abu Bakr al-Siddiq used the istishlāhi (consideration of public welfare) approach, which makes the mashlahat (public welfare) a reference in the knowing the God’s law on a human act (ijtihad). The mashlahat approach adopted by Abu Bakr al-Siddiq guided by the general spirit of the text of the Qur'an and the traditions of Prophet Muhammad. In addition, this mashlahat approach also comes from other ijtihad methods such as ijmā', qiyās and mashlahah mursalah. The ishtishlahi approach in ijtihad Abu Bakr as-Siddiq can be seen in the case of possibility of collecting the Koran, the establishment of financial and judicial institutions, fighting the apostates and anti-zakat. In such cases, it is concluded that ijtihad cannot be performed by one method alone; it takes many approaches that ultimately leads to the consideration of public benefits.Keywords: Istishlāhī approach, ijtihad, Abu Bakar al-Shiddiq
KOMITMEN KEISLAMAN DAN KEBANGSAAN PELAJAR ISLAM INDONESIA (Telaah Terhadap Falsafah Gerakan Pelajar Islam Indonesia
Get PDF Pelajar Islam Indonesia (PII) merupakan gerakan Islam yang lahir pada era pasca kemerdekaan Republik Indonesia, tepatnya pada tanggal 4 Mei 1947. Proyek historis gerakan ini adalah melakukan dua gerakan sekaligus, yaitu melakukan modernisasi (pemahaman) Islam dan Islamisasi modernitas. Proyek ini dilatari oleh kondisi umat Islam di Indonesia yang saat itu terbelah ke dalam perdebatan mengenai hubungan serius antara agama dan kebangsaan serta perdebatan antara superioritas pendidikan agama yang direpresentasikan oleh lembaga pesantren melawan pendidikan umum yang direpresentasikan oleh sekolah-sekolah umum yang didesain oleh pemerintah Kolonial Belanda. Dalam konteks itulah, PII lahir menawarkan pandangan holistik yang mengintegrasikan pandangan keislaman dengan pandangan keindonesiaan menjadi visi gerakan.