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Tinjauan Hukum Internasional HAM dan Hukum Islam terhadap LGBT Perspektif Human Dignity Mashood A. Baderin
No full textThis article deals with the issue of homosexuality from the perspective of human rights international law and Islamic law, particularly in the view of Mashood Baderin. The result of understanding towards human rights international law as well as towards Islamic law as the blessings for the universe places human beings in the most respected position. However, there emerge the phenomenon of non-mainstream sexual orientation, such as lesbian, gay, bisexual and transgender (LGBT). In the perspective of Mashood Baderin, who portrays human rights international law and Islamic law on the principles of equality and justice, these LGBTs have their rights, as they are also human beings that should be respected due to their human dignity. It is inhumane to discriminate and condemn them. They should receive proportional treatment from the state so that their civil rights are guaranteed. However, with regard to their sexual orientation Islamic law prohibits the same sex marriage or other forbidden sexual relation
Penjara Nagari sebagai Hukuman Adat dan Upaya Masyarakat Nagari Tigo Jangko dalam Menanggulangi Perzinaan
No full textThis article deals with Penjara Nagari as a place to quarantine a couple who committed an adultery or fornication in Nagari Tigo Jangko. The study attempts to explore the reasons of the people to build a jail, regardless the existing government?s jails. The research found that the Penjara Nagari was built based on the decision of the kerapatan adat to anticipate and educate people to avoid adultery and fornication which were forbidden by Islamic law and Minangkabau tradition. The people caught the couple directly at the location. They screamed, humiliated and hit them. Then they brought the couple to the Penjara Nagari and few of people interrogated the couple and let the other people saw them in the jail. The prisoning of the couple had continued until kerapatan adat had made a decision which contained some punishments for the couple. Usually the prisoning occurred all night long till morning. Penjara Nagari in Islamic and Indonesian legal perspective was not real jail, since the real jail was built for prisoners who got a justice procedure and punishment from the court
Kontribusi Gerakan Nurcu dalam Kebangkitan Islam di Turki
No full textThis paper discusses the contributions of Nurcu movement in strengthening Islam in contemporary Turkey. In consonance with the rising of Turkey as a strong country in political and economical sphere on global level, this country is said to be a symbol of Islamic renaisance of the Muslim world. The four consecutive victories of Erdo?an?s party in Turkey general election is seen as a solely factor for the Islamic renaisance of Turkey. But this writer argues that there is yet another Islamic movement which worked on Islamic da?wah far before AKP grabbed the power. Nurcu is that of this very Islamic movement. It has a large number of members ranged from businessmen, intellectuals, students, and housewives. The businessmen of Nurcu are known as ?Anatolian Tigers? who contribute in developing economy of Turkey since Turgut ?zal opening up liberal economy and integrating its economy into greater lap of the world economy in 1980s. This development of the Turkey economy walks hand in hand with spirit of Islamic way of life within Turkish people. This writer assumes that the movement has paved the way for AKP?s victories; and is currently for Recep Tayyip Erdo?an to receive the tittle of newly-found Islamic hero of the contemporary Islam in the Indonesian political Islamists? view
Hukuman Mati: Dari Tradisi Arab Menuju Hukum Al-Qur'an
No full textThe death penalty is the most Islamic law get resistance in its implementation. This resistance appears among others as a result of the symbolic understanding on the death penalty without understanding what and why this punishment stipulated in the Qur?an. Therefore, this article intends to answer the fundamental questions; how the concept of the death penalty in the Qur?an. This article resulted that the death penalty is one model of inculturation of the Qur?an to the existing tradition, with a change of paradigm regarding moral values and a more humane law, among others: (1) the principle of enforcement, from the original law ?vengeance? (vendetta, lex talionis, tha?r) to ?reply in kind?; (2) The motive for murder, of which initially involves all kinds of murder -including war- be designed killing and hir?bah only; (3) The prosecution, of which the extended family into the nuclear family; (4) accountability, from the collective responsibility to individual responsibility
Telaah Epistemologis Pendekatan Saintifik Mata Pelajaran Pendidikan Agama Islam
No full textThis article seeks to find out the intersection between scientific approach and Islamic religious education as a subject matter. The scientific approach adopts scientific steps in building scientific knowledge, i.e. such featuring dimensions as observation, reasoning, inquiry, validation anD and description of scientific truth. Since the scientific approach is regarded as too empirical, rational and logical. In Cartesian sense, it contradicts the logical structure of the subject of Islamic religious education. Five aspects of Islamic religious education (the Qur??n, Had?th, Aq?dah Akhlaq, Fiqh, history of Islamic culture, and Arabic language) have different characteristics, even demand a non-scientific logics such as intuition and revelation. Aq?dah (belief), for example, which consists of the doctrine of monotheism (tawhid) is difficult to be scrutinized through empirical evidence. There are some other examples in this field which are difficult to be analyzed by means of scientific approach. Through library research, this article nevertheless finds that the logic of scientific approach and Islamic religious education can be integrated, since revelation and reason are mutually supportive
Harmoni Lintas Agama Masyarakat Tengger
No full textThis paper attempts to closely portray interreligious harmony, especially between Muslim and Hindu community in Tengger, East Java. Tengger community are ingrained with their own culture and practicing their unique tradition. Through symbolic-interactionist approach, this paper supposes that this reality represents a cultural process which is simultaneously and flexibly flowing and growing. In the name of brotherhood and humanity, Tengger people are running their daily activities, discounting subjective differences among them. Sociologically, they are focusing on facing the reality as objective necessities where the self and the other are mutually understanding and complementing each other. In this regard, they have improved the way of interaction, from saya-and-mereka perspective to kami-andkita approach. Social activities and religious/cultural rites symbolically become communicative device of inter-relation among the people. Muslim and Hindu harmony in this community denotes multicultural interaction that entails social involvement of members of community. Tengger people, as an animal symbolicum, strive to construct, expand and (re)interpret the symbols for building harmony
Rasionalitas Gerakan Kewirausahaan Organisasi Tarekat Ṣiddîqîyah di Jombang
No full textThis article aims to reveal the values of local wisdom explored from the teachings of the Siddîqîyah order which drives the emergence of high spirit of entrepreneur-ship. The article demonstrates that the spirit of entrepreneur-ship within the Siddîqîyah order is strongly related to its teachings, doctrines and culture, such as that of the unity between faith and humanity, the eight points of readiness for the Siddîqîyah membership, and the doctrine of santri (disciple). In attempts to earn living, they run business enterprise through promoting the principle of hard-work and good business management, in addition to implementing spiritual and social capital in achieving success in business. They believe in and feel the strength of prayer (dua), certain rituals, and the importance of belief and harmony to achieve success in business. The teachings, doctrines and culture of the Sidd?q?yah order influence the understanding towards the meaning of wealth or property, and occupy an important position in the life of the Sidd?q?yah followers. For them, property or wealth has double meaning; it is not only meant in economic context, but also understood in other meanings, i.e., social, spiritual, cultural, and philosophical
Pendekatan Inward Experience dan Outward Behaviour sebagai Tawaran Model untuk Kajian Agama
Get PDFThis paper deals with the importance of inward experience and outward behavior in religious studies. The reason underlying this paper is that what insiders perform cannot be felt by outsiders. Experiences felt by practicing insiders constitute the internal aspect of religion which cannot be communicated to others; therefore it cannot be transferred to outsiders. This characteristic is often misunderstood by many observers of religion, and this leads to the gap between insiders and observers, particularly when the latter?s faith is different from that of former. This constitutes the major problem in the study of religion nowadays despite the fact that there have been progresses made by scholars in regard to empathic approach in the study of religion. The purpose of this approach is to bridge the gap between insiders and outsiders, while offering an understanding that insiders? experiences can be called inward experience, while external behavior grasped by outsiders is called outward behavior. By doing so, prejudices and lurking attitudes among different religious believers can be avoided
Penyelesaian Sengketa antara Bank Sharîah dengan Nasabah Bermasalah melalui Badan Arbitrase Sharîah Nasional (BASYARNAS) menurut UU No. 30 tahun 1999
No full textThis study deals with dispute settlement between Bank Syarîah and its customers through the National Shari?ah Arbitration Board (BASYARNAS). It focuses to elaborate the procedures of dispute settlement between Bank Syarîah and its customers of financing from the perspective of Islamic law according to Bill No. 30/1999 above law No. 30 year 1999. Based on procedures as mentioned in the bill with regard to arbitration and alternative dispute resolution, Basyarnas, in proofing and resolving cases, has fulfilled the procedures and satisfied the conflicting parties with justice, so there is no need to appeal and reconsideration. This means that Basyarnas has conducted dispute resolution according to the existing procedures. The dispute settlement has also been in accordance with the Qur'an and other Islamic legal rules which consist of the principles of power and mandate applied by the arbitrator in deciding and resolving the dispute. The board?as an independent institution?has setttled the disputes on the basis of justice for all parties, rejected the act of bribery since the cost is measurable. In addition, Basyarnas also gives strong emphasis on the principle of equality, friendship, consistence and response-bility in resolving disputes
Fundamentalisme dan Masa Depan Ideologi Politik Islam
No full textThis article elaborates the phenomenon of fundamentalism and the future of Islamic political ideology. Islamic ideology represents religious views, ideas and movements which aspire to bring Islam into practice in state and societal affairs. One variant of Islamic ideologies is fundamentalism which endeavors to return religious practices back to the pristine Islam based on the Qur??n and al-Had?th. Fundamentalism rejects all modes of understand-ding which are not based on the Qur??n and al-Had?th, and refuses secular methodology in interpreting the Qur??n. This type of Islamic ideology found its momentum when Saudi Arabia regime officially adopted Wahhabism, and when Egyptian intellectuals were united to fight against modernity. Both Saudi Arabia and Egypt became seeding ground for fundamentalism. Some young muslim scholars who studied there became agents for the dissemination dan transmission of the fundamentalist ideology throughout the world. In Indonesia, this ideology have developed since independence and the drafting of the constitution. In the Indonesian context, resistence from traditionalist and nationalit groups were so strong that enable to dam up the spread of fundamentalis ideas. However, fundamentalist ideology remains an important challenge for the future of Indonesian Islam