Al-Tahrir: Jurnal Pemikiran Islam
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Fatwa Ulama tentang Hukum Nikah Misyar Perspektif Maqasid Shari'ah
No full textAbstract: Misyar marriage is a model of marriage which can be defined as an official marital, relationship between a man and a woman, in which the woman waives some of the rights she would have in a normal Islamic marriage. The muslim scholars have difference opinion about the law of the such marriage. Like any other issues in Islam, it has been a point of controversy and argument, especially among theologians. In this case, some allow, some prohibit and some others are in quo status called tawaqquf in deciding the rule and regulation of such marriage. This study examines the opinions of contemporary muslim scholars based on maqa>s}id shari>’ah perspective, to see which opinion should be prioritized and selected by considering aspects of maqa>s}id shari>’ah in connection with marital contexts, and considering its benefits and harms as a result of the maqa>s}id shari>’ah. The method used in this study was library research or text study (study of documents). The results of this study concluded that the banning of misya>r marriage ”“certaintly in the context of Indonesian society ”“ was mostly in line with maqa>s}id shari>’ah in a broad sense, that is, to achieve its benefits and prevent its disadvantages
Seni Seudati: Media Edukasi Sufistik dalam Mengembangkan Nilai Socio-Religius Masyarakat Aceh
No full textAbstract: This article is aimed at describing the relevance of Seudati dance as a medium of mysticism (Sufism) education to develop and build socio-religious values of Aceh community and their awareness. This is due to the reason that Seudati dance is one of the educational media that can be used as a transformational medium of socio-religious values of community. Aceh Documentation Board has noted that Seudati dance has become mysticism (Sufism) educational medium actively in communicating the religious values to public. This qualitative study shows that Seudati dance has become an alternative educational medium to educate the whole positive values of Acehnese community, although their legality is still being debated by minority up to now. That is why, apart from pros or cons, Seudati dance as the medium of mysticism needs to be considered to increase the public awareness of Aceh community. Based on the number of theories and studies on the art of Seudati dance, this dance as the medium of mysticism education is very effective to build the values of socio-religious of Acehnese community. Therefore, the approach of mysticism education uses this dance as the medium of education to communicate the relevant and adaptive values inside it to public
Ilhaq al-Masa'il bi Nazairiha dan Penerapannya dalam Bahth al-Masa'il
No full textAbstract: Ilh}a>q al-Masa>’il bi Naz}a>iriha is one of the methods used by Nahdlatul Ulama in resisting the opinion based on (manhaji) analytical concept of Islamic jurisprudence (the solution for complex social problems as the main purpose of Islamic shari’ah). As known that, up to now, ilh}a>q has been understood as a process of answering a new case by the way of equating to the old one which is written in the book called al-mu’tabarah. Such ilh}a>q has got many criticisms both from the definitions, procedures and its epistemogical footing. This paper is about to reveal how the NU clerics of Islam understand the concept of Ilh}a>q}, what its epistemological footing was and how the concept was applied in discussing many cases (bah}th al-masa>’il). Based on the writer’s study to several documents of decision results of NU that Ilh}a>q did not only simplify to equate the new cases with the old ones that have been freely discussed in the books of al-mu’tabarah, but both cases should have similar legal substance, that is, both should be under the decrees of laws of al-qawa> ”˜id al-fiqhi>yah. Thus, Ilh}a>q is actually answering the problem by applying al-qawa>”˜id al-fiqhi>yah, whereas the formulation al-qawa>”˜id al-fiqhi>yah itself was set off from the examination of a number of furu>’ generated by qiya> s. This paper also found three variations of the implementation of Ilh}a>q in bah}th al-masa>’il. First, the application of Ilh}a>q was without mentioning al-qawa> ”˜id al-fiqhi>yah which covered new cases (mulh}aq) and the old case law that has been known in the books of fiqh (mulh}aq bih/attached to). Second, the application of Ilh}a>q was accompanied by mentioning mulh}aq bih and al-qawa> ”˜id al-fiqhi>yah. Third, the application of Ilh}a>q, was only by the mentioning al-qawa> ”˜id al-fiqhi>yah
Kontroversi Theosofi Islam Jawa dalam Manuskrip Kapujanggan
No full textAbstract: The discourse of Islamic Sufism thought in Java noted that the dynamics of the Islamic theosofi find his partner in the face of Javanese mystical thought. Islamic Sufism that puts the elements of sharia religious mysticism called Sufism shar’i or ortodoks sufism; while the advanced elements of philosophy called philosophical Sufism, this pattern is manifest that acculturative with mystical Javanese syncretic also known as heterodoks Sufism. In Javanese manuscripts poet, those patterns of sufism are always in dialogue (dialectic) from time to time; since the 15th century until the 19th century or from era of sainthood untuil era poet (Pujangga) Kraton Surakarta. The dialectic wide variety of books including recorded in Suluk Siti jenar, Suluk Dharmo Gandul, Suluk Sumirang, Sastra Gending, Serat Cabolek, Serat Centhini and Suluk Saloka Jiwa. This paper explores the controversial thought for between Islamic Sufism and Javanese theosofi thinking in these manuscripts. For that purpose, this study uses the theory of dialectics to explain the two ideas above dialogue by placing the poet as disseminator between the two cultures so was born a series of local wisdom in the form of a unique synthesis, elucidation of the role of the poet will be presented with the theory of cultural articulation. The conclusion of this paper is that a dialectic synthesis between Islam and Javanese mysticism theosofi was birth Kejawen institution thought, this thought was appear in religious communities in Java, a new institution with cultural psychotherapy and that applied by the community namely abangans, this institution growth supported by culture of Javanese palace tradition and spirit. Pujangga played a central role as interpreters of Islamic Sufism in the context of locality to realize a peaceful penetration
Motivasi Zikir
No full textAbstract: Motivation zikir is an encouragement to do so by way of remembering, calls, take heed, pray, read the Quran aims given to God. Zikir have diverse motivations: zikir done through the prayers done right readings, ordinances, and movements therein, beginning with standing, bowing, sitting, prostrate, tashahud and greetings, allegedly to make normal organ and smoothness of the blood in the body that cause the human body fitness. Zikir can be done to empower and organize emotions into focus, which would cause the hormones, muscles, nerves, supposedly to make the balance function of the organs of the human body, which can work with regular and normal, resulting in hormone function and emotion into directed that leads to peace of mind (soul). Zikir is done with the correct procedures to empower the limb movements may lead prayers fitness. Zikir is done in the right way to empower and enable the muscles, nerves and hormones can lead to peace of mind or soul
Pembaruan Hukum ISlam dari Qawl Qadim ke Qawl Jadid dalam Madhhab Shafi'i
No full textAbstract: Based on the action of al-Shafi’i that the Fatwa differs by the change of the [geographical] location. It was [even] said that this new Madh’hab [and Methodology] even started taking form just before he left Iraq to Mecca, others said [that it started to take form] before leaving Mecca, but what is definite though is that he wrote it and set its foundations in Egypt. Thus it has nothing to do with it being in Egypt or in Iraq. The consequence of this concept is that certain rules of Islam, would not apply, due to the new environment they live in, and that we live in a new time and age. So rules regarding riba, marriage, social interaction, international law, ruling systems, would need to be updated, according to the said principle. The proponents of this understanding use the example of Imam Shafi’i to legitimise their viewpoint
Kesatuan Agama-agama dan Kearifan Perennial dalam Perspektif Tasawuf
No full textAbstract: All religions, if we try to find their core teachings, we will find the same messages, namely the realization of peace, goodness, and happiness to mankind. No religion teaches violence and savagery. This confirms that theologically religion is very much interested in the realization of human well-being in life. Thus, peace must be a meeting point for all religions to implement in social life. This paper explored the Sufi’s view of the nature of God, religion, and the perennial wisdom based on the principle of spirituality and love (mahabbah)
Pembaruan Hukum Pencatatan Perkawinan di Indonesia Perspektif Maqasid Shari'ah
No full textAbstract: The role of marriage registration (recording) is important particularly in maintaining and protecting the rights of individuals to prove the marriage implementation. Registration of marriage, therefore, is governed by various related rules or regulation. Unfortunately, the registration of marriage is only as a normative one. Meanwhile, most Muslims do not obey the law of marriages arranged by the state because the law is ambiguous, having multi interpretations and difficult to implement. In fact, there are many negative effects emerging from marriage under the hands such as not getting the marriage certificate, and husband, wife and their children not being able to perform civil legal action against the genetic father who has left them. Therefore, marriage under the hand must be prevented with preventive, curative and anticipative measures. In order to produce a law that can respond to the changing demands of time, place, conditions and welfare of the spouses, the maqa>s}id al - shari>ah approach (the purpose of the law) is eligible to apply . Therefore, the government should change the law of registration of marriages that are not relevant to the state of society so that society will feel suitable with the legal registration of the marriage
Perlindungan dan Kesejahteraan Anak dalam Perkawinan di Bawah Umur
No full textAbstract: A person who will get marriage must meet the administrative and subtantive requirements. These requirements have positive role to echieve the goal and wisdom of marriage for each side. Marriage is permited at the age of 19 years for man and 16 years for woman. Nevertheless the request of dispensation for marriage can be proposed by anyone who needs it because of some reasons. This, of course, would open the opportunity of underage marriage to happen. The dispensation for marriage should be based on the consideration of welfare and goodness of children and family. Even welfare and goodness of children should be put over the interests of parents and family magnitude as a form of the protection of children. Marriage under the age of a regulated- norm of law violates the protection and the welfare of children though they have received legal dispensation from the court . Such marriage would disturb the development of the children’s potential and cause the loss of getting social welfare
Konsep Sembah dan Budi Luhur dalam Ajaran Mangkunagara IV dan Relevansinya dengan Hadis Nabi
No full textAbstract: Islamic teachings spread in Indonesia, especially in Java, when the Mangkunegara IV authority, through its mysticism (Sufism) teaching, was adjusted to the religious teachings and beliefs containing moral values and character building inspired by thinking paradigm of cultural values of Javanese (Kejawen). This indicates that development of Islam in Indonesia has been strongly influenced by Islamic mysticism, especially, of Javanese culture. It can be seen from literature of Javanese Islamic teaching. Some identities and characteristics of Javanese teachings that still survive up to now are the principle teachings of worship to God and good deed. Both principles are relevant to the teachings of Qur’an and hadith. These teachings were also practiced by Sunni mysticism such as al-Ghazali and non-Sunni mysticism like Al-Hallaj and Ibn ”˜Arabi. Additionally, in Indonesia, specially in Java, the absorption process of Islamic teachings can not be separated from the influence of Javanese culture which contains religious values of Sufism teachings. The concept of worship and good deed is done by the mysticism doers both by Sunni and non-Sunni followers