358 research outputs found
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Living Law dan 'Urf sebagai Sumber Hukum Positif di Indonesia
No full textThis article deals with the issue of living law and 'urf as the sources of positive law in Indonesia. The existence of living law and 'urf (habits which are normally and consistently conducted by members of society) are acknow-ledged in Indonesian legal system. In fact, the theory of living law and 'urf have been adopted as legal reasoning for many laws or bills, such as the law number 23/2014 on local government and the law number 21/2008 on Shariah banking. It can bee seen that many legal decisions by courts judges also have their sources from living laws, such as what deals with criminal sanction, female reciepient of inheritance, the validaty of a merriage. Many legal decisions by court judges also adopt the 'urf, such as the amount of money for 'iddah (waiting time before marriage after divorce), the validity of eloping (kawin lari), shared property in marriage
Pemikiran Hukum Islam dan Epistemologi Teologi Pluralistik
No full textThis article aims to examine the contribution of Islamic epistemology in a pluralistic life within increasing social problems that lead to violence in the name of religion. All people agree that the acts of violence in the name of religion was not justified by religions, including Islam. Islam should provide solution for the establishment of peace, tranquility, and serenity in diversity. Therefore, we should understand Islam as a science, so that the act of violence in the name of religion can be reduced through proper understanding. Pluralistic theology has been studied for long review, although not very deeply. This article, accordingly, describes some key terms in understanding the epistemology of pluralistic theology which is expected to contribute to the development of science that can give realistic solution to the problem of violence in the name of religion
Kritik Metode Kontekstualisasi Penafsiran al-Qur'ān Abdullah Saeed
No full textThis article examines the growing movement of thought today, which later becomes known as modernist Islamic thought, especially the idea Abdullah Saeed. For him, a critical attitude towards the source and content of knowledge is necessary internal criticism of Islamic society. This study tries to present data relating to the role of reason behind the idea. Critical reading towards logical framework and epistemology is needed to contextualize dogma, tradition, and culture in order to be transformed to the present. This research gives birth to the perspective that the modernization of Islamic thought is a systematic movement regarding Islamic issues in the ever-changing context. Its characteristics is colored by emphasis on rationality free from sectarianism or exclusivism without claiming finality of thinking. Making interconnectivity (historical context) is the main barometer of interpretation process. The article reveals that Saeed's strategies include four main phases; encounter with the world of the text, critical analysis; meaning for the first recipients and ending with text relating to the up-to-date context. However, excessive exaltation of contextuality will lead to the emergence of an indigenization of the Qur'ān, and even Islam in general
Konservasi Kearifan Budaya Lokal dalam Proses Interaksi Sosial Etnis Melayu di Kabupaten Batu Bara
No full textThe article examines the local wisdoms of ethnic Malay in the district of Batu Bara as a reference for their individual and social interactions with special focus on interethnic relationships, particularly within socio-religious realm. The study finds that ethnic diversity in the district of Batu Bara is not an obstacle to create a harmonious relation in social, economic, political, and religious activities among the people. It means that the Malays in Batu Bara have virtuous interaction with other ethnicities in the region. They, for an instance, are able to build mutual trust with other ethnicities in economic activities. In addition, they are able to work hand-in-hand with other people in many areas of social aspects. It is also found that the Malays of Batu Bara treat other ethnicities as equal in terms of providing an individual his/her social stratum to be, for an example, a prominent figure of society. They also give other people from other ethnicities chance of being political elites or leaders of mass organizations. The study finds that, however, the Malays of Batu Bara tend to choose the local (indigenous) person as their leader
Telaah Gagasan Paramadina tentang Pernikahan Beda Agama
No full textThis article deals with the idea of interfaith marriage proposed by the Endowment Foundation of Paramadina (Yayasan Wakaf Paramadina) established by Nurcholish Madjid and his colleagues. The activists of this foundation offer ideas to give freedom to every Muslim, both male or female, to marry a non-Muslim, regardless of their religion and their faith. This idea is at least starting from two basic assumptions; first, that the Qur’ân only prohibits marriage with Arab polytheists which are almost certainly does not exist now; and second, that all religions and faiths that exist today are People of the divine Book. This idea had never been previously proposed by other scholars who only allow the marriage of male Muslim with woman from the people of the Book (Jews and Christians). Even the existing Indonesian law requires that marriage should be performed by a pair of co-religionists. This idea refers to the considerat-ion of social relationships, namely the creation of inter-religious harmony, but apparently tend to ignore the interests of the faith
Pemikiran Fiqh Ahmad Zahro tentang Istinbāṭ Manhajī sebagai Metode Perumusan Hukum Islam
No full textThis article examines how Ahmad Zahro establishes the concept of practical use of Istinbāṭ Manhajī in the establishment of Islamic law. In this case, although Zahro claims himself as a follower of a particular school in the field of fiqh, he chooses to use the manhajī method, because this method is seen as being able to provide solutions to contemporary legal problems. The philosophical-juridical foundation built in his fiqh is maqāsid al-sharī'ah and al-maṣlaḥah al-mursalah while considering the level of legal sources as famous among mazhab scholars respectively; al-Qur'ān, al-Sunnah, qiyās, al-istiṣlāḥ, al-'urf, al-istisḥāb, etc., which are formulated as an operational instrument in istinbâṠal-ḥukm. Among Indonesian Muslims, there are differences in approach to the use of istinbāṭ al-ḥukm; NU ulama use qawlī approach, while Muhammadiyah ulama frequently use manhajī approach. Therefore, Zahro specifically believes that what he initiates is an attempt to reconcile approaches of different schools of Muslim law by highlighting Istinbāṭ Manhajī as an option to establish an Islamic law
Feminisme Kisah Maryam dalam al-Qur'ān dan Rekonstruksi Pemahaman Gender Perspektif Pragmatik
No full textThis article discusses the story of Maryam in the Qur'ān with a pragmatic approach. This is because Maryam is textually a phenomenal figure, she even overcomes the social status of women such as Āishah and Fāṭimah, so the name is documented in a special chapter popularly known as Surat Maryam. The article concludes that the construction of the theory of pragmatics against the Qur'ān is a discipline that examines the Qur'ān from the perspective of the relationship between linguistic context that is both dyadic and non-linguistic context that is triadic. The form of feminism is the story of Mary in the perspective of speech acts and implicatures in pragmatic approach of the Qur'ān that includes access to voice disappointment and resistance against misogynistic traditions contained in Q.S. Āli 'Imrān [03]: 36, gets access to educational rights contained in Q.S. Āli 'Imrān [03]: 37, access to implement spiritual teachings in public areas in Q.S. Āli 'Imrān [03]: 43, access to performs an injunction against the practice of sexual harassment in Q.S. Maryam [19]: 18 and a mother’s responsibility to provide security and comfort for the baby so that the baby did not die of starvation due to malnutrition he suffered
Pemikiran Teologis Abū Ḥanīfah tentang Irjā' dan Shafā'ah
No full textThis article deals with the theological thought of Abū Ḥanīfah on the concepts of irjā' and shafā'ah. On the concept of irjā', Abū Ḥanīfah fully returns the legitimacy of 'Uthmān b. 'Affān as the third caliph and the superiority of 'Alī b. Abī Tālib merely to the authority of Allah. This concept rejects the Khariji doctrine on the expulsion of the wrong doers (sinful people) from the Muslim community, a rejection which implies that 'Uthmān is a legally accepted caliph. This concept also rejects the early Shī'ī doctrine on the superiority of 'Alī, and ranks al-Khulafā' al-Rāshidūn (the rightly guided caliphs) in accordance with their advantages and historical chronology. On the concept of shafā'ah, Abū Ḥanīfah believes it as something that will happen on the Day of Judgment. The followers of the Prophet Muhammad must fulfill twelve requirements if they wish to receive shafā'ah from the Prophet. To Abū Ḥanīfah, the Prophet's shafā'ah is certain for every Muslim although he/she committed great sin during his/her life except shirk bi Allah
Gender Mainstreaming dalam Kebijakan Pendidikan Islam Tahun 2010-2014
No full textThis article examines the gender mainstreaming in Islamic education policy for 2010-2014 adopted by the Ministry of Religious Affairs of the Republic of Indonesia. Using a qualitative descriptive approach, this article explores the extent of the strategic plan of the Ministry of Religious Affairs in 2010-2014, especially policies that are gender neutral and gender responsive policies. The author under-lines that the government needs to undertake the planning policies or programs that are more responsive to gender. One of the strategies adopted to fulfill the practical and strategic needs in this context is through Gender Mainstreaming which is implemented in relevant and signifi-cant programs. The author also asserts that Gender Mainstreaming in Islamic education is very necessary. Norms that have been frequently used as a reference for the gender policy should be reconsidered. This is to ensure that policies are drawn right on target, though—all parties must realize that—the uniform policy cannot necessarily be applied because of gender roles, however, differ both between places, time and socio-economic class
Pergulatan Doktrin dan Realitas dalam Proses Teoretisasi Ekonomi Islam
No full textThis article examines the struggle between the doctrine and reality in the process of theorizing Islamic economics that until now remains a challenge in building the science of Islamic economics. The process of theorizing is a problem of epistemology and methodology. As a discipline in the realm of social sciences, Islamic economics uses authoritative sources of Islam (al-Qur’ân and Hadîth), logic and empirical experience. Islamic economic theory is expected to grow from all three of these sources. In contrast to conventional economic theory, the theory of Islamic economics is expected to grow from Islamic doctrine or principle of economy and rooted in empirical facts. The methodology of Islamic economics play a role in integrating doctrine and empirical reality in the process of theorizing Islamic economics. This article describes the three sources of Islamic economic epistemology, the link between doctrine and reality, and the interaction and integration of doctrine and reality in the process of theorizing Islamic economics. Islamic economic theory that is born must have integrity and be tested on three dimensions: doctrine, rationality, and empirical experience