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Hajj Financial Management in the Maqāṣid Sharī’ah Perspective
Full text linkThis paper analyzes the management of the pilgrimage fund to the concept of Islamic wealth management and the management of the pilgrimage fund and its compliance with the maqāṣid al-sharī'ah. The first is done by analyzing the management of hajj funds by BPKH on the management of Islamic wealth. The second is done through interviews with academics, regulators, experts and practitioners. Descriptive processing is done through Strategic Assumption Surfacing and Testing (SAST). The analysis is done by selecting the 'important' and 'definite' variables. The results showed that the determinants of Hajj fund management according to Islamic wealth management were contracts, zakat and transparency. Hajj fund management policies for the protection of religion, including the setting of a fair and transparent haj quota, building infrastructure facilities for the pilgrimage, ensuring terms and conditions Life protection through the use of halal vaccines, providing and funding Hajj monitors, improving catering, lodging, transportation and health services and providing congregational data to the Ministry of Health. Protection of reason through improving the quality of rituals. Protection of assets through transparency in the management of hajj funds, direct investment in harmony with sharia, and management of hajj funds in Islamic banking
Astronomy and Local Culture Dialectics; Kiai Ṣāliḥ Darat's Idea in the Integration of the Hijriyah Calendar
No full textThis paper aims to trace the genealogy of the Kiai Ṣāliḥ Darat in the field of falak sciences and the approach he used in uniting the differences in the initial determination of Ramadan in Semarang. This study is important, considering Kiai Ṣāliḥ Darat is more an expert in the field of Sufism. On the other hand, Kiai Ṣāliḥ Darat was also positioned as an early generation Falak Indonesian expert (salaf). This paper includes a historical study that conducts critical analysis of data that has been isolated from various literatures. The results of the study showed that the expertise of Kiai Ṣāliḥ Darat in the field of falak knowledge was obtained when conducting scientific jouney for Semarang scholars to al-Haramayn scholars. Kiai Ṣāliḥ Darat initiated a deliberation to determine the beginning of the month of Ramadan. This discussion involved ulama, astronomer, habaib and umara in Kauman Mosque in Semarang. The idea of deliberation is aimed at eliminating differences in society in determining the beginning of fasting. The idea of the initial unification of Ramadlan through deliberation was the substance of the Dugderan Tradition in Semarang, Central Jav
The Existence of the Statement of the Companions (Fatwā Ṣaḥāba) and its Ḥujjah in Islamic Legal Thoughts
Full text linkFatwā ṣahāba can be used as ḥujjah (proof) even though the ulama (scholars) have different opinions regarding its validity. The ulama categorize the Companions’ fatwā as one of the sources of law decision which is still being disputed about the validity. It is different from the Qur'an, Sunnah, Ijmā’, and Qiyās that have been agreed by the most of the scholars as a source of Islamic law. The Companions’ fatwā has an influence on the development of Islamic law thought which can be substantially equated like a fiqh, because it is the result of istinbāṭ (efforts to extract the ẓannī (speculative) sharia law from original sources through the mobilization of all natural reasoning abilities) and the results of the Companions ra'y (establish a law of contemporary problems that have not been found in the Qur’an and hadith) which have been codified according to the particular mazhab. Therefore, the Companions fatwā is the result of the ijtihad of the Companions as ulama of the previous generation and became the ḥujjah of the ulama until today who have colored Islamic law thought, such as fatwā of Abū Bakr, Umar, ‘Uthmān, ‘Alī, ‘Abdullāh Ibn ‘Abbās, ‘Abdullāh Ibn Mas'ūd and other Companions. At least the fatwā ṣaḥaba can be used as ḥujjah in istinbāṭ of islamic law when new problems arise, and no proposition is found in the Qur'an and hadith
Marlojong sebelum Perkawinan: Kiat Adat Menghadapi Wali ‘Aḍal di Ranah Batahan, Pasaman Barat
Full text linkThis article aims to analyze and explore the tradition of marlojong before marriage in Ranah Batahan, West Pasaman. Marlojong is the act of a couple who is not approved by their parent (wali) for certain reasons by running to the house of the elder of custom (tetua adat) or a respected family. The elopement could reduce the dignity of women and their parents. So, it becomes a reason for the traditional elders to call them. The data was collected by observation and in-depth interviews with couples who did marlojong, parents of each couple, other nuclear families, traditional elders, KUA officials and local scholars. The data was analyzed by reduction, display and verification. The results showed that the meaning of marlojong was actually not only a couple who fled to the house of the traditional elders but also the efforts to overcome the guardian's reluctance (wali ‘aḍal) and reduce the parobanan (brideprice). Therefore, the causes of marlojong were overcoming the reluctant of parents and the high level of brideprice. On one side, the marlojong was seen as negative but on the other hand, it became a customary way to resolve the guardian’s reluctance (wali ‘aḍal) without having to go to a religious court
Modern Law Aspect on Procedural Decision of Sultan Adam Law
Full text linkThe main focus of this research was analyzing the normative procedural decision of Sultan Adam Law which was applied by Sultan Adam during 1835 AD. Its emergence was for strengthening Islam Aqeedah for its believers and clinging on to Syafii Madhhab. Sultan Adam Law was remarkable to scrutinize, especially when associated with the modern law aspect. By employing the law history approach, this research attempted to respond to Sultan Adam Law procedural decision document issues which were associated with the modern law aspect. It could be seen through several sides such as political law, law substance, arrangement system as well as procedural aspect. The research also responded on how several factors explained Sultan Adam Law included in modern law. Based on the analysis result, it could be concluded that Sultan Adam Law was a written law decision which its existence in Banjarese people contained principles and legal norms as well as several procedural law decisions in a modern way. Although it was simple systematics which did not classify based on article and section, it contained several decision or principles and legal norms
Gus Dur’s Ijtihād Paradigm of Contemporary Fiqh in Indonesia
Full text linkThis paper reveals Gus Dur's ijtihād paradigm of contemporary fiqh in Indonesia in answering the problems of life. This study is a type of library research by tracing Gus Dur's works, Gus Dur's thought studies and other related scientific studies. This research uses the approach of Milton K. Munitz's thinking and the frame of mind ‘Abd al-Majīd al-Najjār. This research found that the conservative ijtihād paradigm has led to conservative fiqh which is unable to establish dialectics between fiqh norms and socio-cultural and humanitarian values, which can even lead to radical Islamic movements and acts of terrorism. Therefore, Gus Dur's contemporary jurisprudential ijtihād paradigm is needed to build this dialectic. Theoretically, the Gus Dur ijtihād paradigm has characteristics promoting different socio-cultural and humanitarian values from Islamic reformers. In practical terms, the Gus Dur ijtihād paradigm has made Indonesian socio-cultural values a consideration in understanding and applying contemporary fiqh without changing existing fiqh norms. Gus Dur's contemporary fiqh has also become the basis for maintaining the Pancasila ideology, the 1945 Constitution, the Unitary State of the Republic of Indonesia and Unity in Diversity
Sharia in the Nigerian Constitutions: Examining the Constitutional Conferences and the Sharia Debates in the Drafts
Full text linkThe paper examines the socio-ethnic and religious configuration of Nigeria and the nature of Sharia debates in the Nigeria constitutions of 1977/1978; 1988/1989 debates and Constitutional Conference of 1994/1995. The paper argues that the genesis of the Sharia debates can be traced to 1956. The Constitutional Conference of 1994/95 was not bedeviled by a serious acrimonious debate over the Sharia. However, the 1999 constitution brought a new dimension to the issue of the Sharia. To some extent, the enactment of Sharia law in Nigeria is a prime example of the relative success of Nigeria’s multi-state federalism in regards to governing diversity. Particularly the political autonomy to establish a Sharia Court of Appeal with civil jurisdiction on Islamic personal law. The paper concludes that the constitutionalization of the Sharia has subjected it to the vagaries of the political wind and made it easy prey to political fortune-seekers. Thus, the matters relating to religions should be removed from the future deliberative process in the country
Perdagangan Orang dalam Perspektif HAM dan Filsafat Hukum Islam
Full text linkHuman trafficking becomes a new phenomenon in the modern century although its root has been existing since the ancient Greek era in the form of slavery. This crime currently occurs in many countries, as well as Indonesia. The government of every countries has tried to abolish the practice of human trafficking, but the results have been unsatisfied. Many people have become the victims of human trafficking and this phenomenon seems to continue to this day. This research aims to study about human trafficking phenomena based on the human right perspective, legislation in Indonesia, and the philosophy of Islamic law. By this study, it is clear that the practice of human trafficking becomes a part of humanity crimes that contradicts to human right and Indonesian legislation, and it is also contradicted to Islamic Sharia because it emasculates the basic human right as a freedom human being
Fa‘āliyah Ta‘zīz Dawr al-Qānūn li Taṭwīr Qiṭā‘ al-Ḥalāl wa Taḥwīl Mukhrajātihi ilā Sūq al-‘Amal
Full text linkḤalāl concept correlation with the industry and trade has shown a new matter leads to discovering other sciences to find the scientific basis for the Islamic principle that governs these matters, especially in the natural and economic sciences, but the different philosophy between Islamic science and those sciences led to the dichotomy of research between the laboratories and jurisprudence groups. In spite of the high value of the output of both of them, but they are unable to translate it and linked it with the labor market, here where the researcher has felt the law role importance and its ability to coordinate these efforts and codify them as a reference in the ḥalāl standard application and settlement of its disputes, which show the law-science creativity in ḥalāl sector, by pointing the legalization importance and its direct connection with the rights and duties of those connected with the ḥalāl sector
Khuruj and Family Economic Resilience: Study on Jama’ah Tabligh Family in Medan City
Full text linkKhuruj for preach by leaving the family is a must for every member of Jama’ah Tabligh (JT). When khuruj time, JT members cannot conduct their duty as head of the interested household especially to fulfill family economic needs. It is often, they khuruj without leaving enough provision of needs for their family. It is understandable why JT members are often accused as a group that neglects their family not even caring for the family. This research objective is to analyze survival strategy and tactics of the JT family by using a qualitative method. The researcher will conduct an in-depth interview with JT members and their family. Through this field research is found that 1) JT family has a strong belief that their sustenance is the gift of God. 2) Provision of needs that is left by the husband is enough to be utilized as long as being managed with sincerity. 3) JT family has a special survival strategy. So, khuruj is a method of da’wah that does not disturb family economic resilience