Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan
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Berbagi suami atas nama Tuhan: pengalaman keseharian perempuan dipoligami di Langsa
Get PDFThis article explores how daily experience of the women living in the polygamous family in Langsa, Aceh. The primary argument proposed in this paper is that conflict, in fact, emerges from husband decision to practice polygamy in domestic life despite the belief of some women who accept that Islam countenances the practice of polygamy. The conflict sometimes arises among wives, between husband and the wives or among children of different wives. To prove such argument, the investigation of the daily experience of polygamous family such as the relation among the wives, household financial management, articulation of fairness on both physical and spiritual fulfilment, celebration of religious days (‘Idul Fitri and ‘Idul Adha), as well as upbringing of children was carried out during second semester of 2011. The data was collected through semi-structured interview, observation to the domestic life of the polygamous family, and documentation on divorce suit as a result of practiced polygamy. This study revealed that peaceful family (keluarga sakinah) as often regarded as one of the ultimate goals of marriage would never be attained through such practice
Reformasi hukum keluarga di dunia Muslim
Get PDFThis article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above
Norma agama Nasrani dalam paradigma usul fiqh inklusif
Get PDFThe purpose of this study is to explore the historical roots of the legal norms (religion) Islam is built by the Prophet Muhammad and also explore the norms of Christianity which became an integral part of the legal sources of usul fiqh inclusive paradigm. The theoretical framework of this study is to use blending approach the horizon (fushion of horizons) in the hermeneutics of Hans George Gadamer and shar’ man qablana theory. The results show that there is continuity of the norms of Christianity in the development discourse of Islamic law/jurisprudence, so that the norms of the Christian religion can be a source of usul fiqh paradigm inclusive. The character of legal norms/Islam which has the accommo- dative properties -in addition to corrective attitude towards ancient religions norms - be a strong indicator continuity. In this continuity, Imam Abu Hanifa, Imam Ahmad Ibn Hanbal, Muhammad Abduh, Rashid Ridla, Nurcholish Madjid and Shihab acknowledge the continuity of Christianity norms in the development of legal discourse such a ban “alcohol”, the command “fasting” and “ do good to others”. In the context of pluralism in Indonesia, usul fiqh iklusif paradigm is necessary to build an inclusive legal discourse-dynamic. Tujuan kajian ini adalah untuk mendalami akar sejarah norma hukum (agama) Islam yang dibangun oleh Nabi Muhammad Saw.. dan juga mendalami norma agama Nasrani yang menjadi bagian integral dari sumber hukum paradigma usul fikih inklusif. Adapun kerangka teori kajian ini adalah menggunakan pendekatan pembauran cakrawala (fusion of horizons) dalam hermeneutika Hans George Gadamer dan teori shar’ man qablana. Hasil kajian menunjukkan bahwa ada kontinuitas norma-norma agama Nasrani dalam pembangunan wacana hukum Islam/ fiqh, sehingga norma-norma agama Nasrani dapat menjadi sumber dalam paradigma usul fiqh inklusif. Karakter norma hukum/ agama Islam yang memiliki sifat akomodatif –di samping sikap korektif terhadap norma agama-agama terdahulu- menjadi indikator kuat adanya kontinuitas. Dalam hal kontinuitas ini, Imam Abu Hanifah, Imam Ahmad Ibn Hambal, Muhammad Abduh, Rasyid Ridla, Nurcholish Madjid dan Alwi Shihab mengakui adanya kontinuitas norma-norma agama Nasrani dalam pembangunan wacana hukum fikih/agama Islam misalnya larangan “miras”, perintah “puasa” dan “ berbuat baik kepada sesama”. Dalam konteks kemajemukan di Indonesia, paradigma usul fiqh iklusif ini diperlukan dalam membangun wacana hukum fikih yang inklusif- dinamis
Kontribusi konsep jarimah zina dalam pembaharuan hukum pidana Indonesia
Get PDFThis study aims to explore the contribution of the concept of adultery jarimah to the renewal of the Indonesian criminal law. The method used is the approach of the legislation. Data are taken from the interpretation of Qur’an, hadith ahkam, fikih jinayah, Draft of Criminal Code and the Criminal Code. This study shows that the definition of adultery and sanctions under Article 284 of the Criminal Code are contrary to Islamic values and indigenous national culture based on Pancasila. Therefore, it needs to be updated to include the Islamic values and indigenous national culture based on Pancasila
Posisi kitab al-Muwatta dalam sejarah hukum Islam: analisis atas pandangan Yasin Dutton
Get PDFThis article discusses an academic discourse on the origin of Islamic Law by describing third school between two schools existing in this controversial field. By descriptive and comparative method, this article tries to describe how Yasin Dutton views on the beginning of Islamic Law’s construction, and then how he digs his hypothesis against two dominant schools involved in the discussion of the date of Islamic Law birth. Dutton finds that if the Qur’an is the first written formulation of Islam in general, al-Muwatta of Malik is arguably the first written formulation of the Islam-in-practice’ that becomes Islamic law. This way is missing in the first and second school attention. He considers the methods used by Malik in the Muwatta‘ to derive the judgements of the law from the Qur’an is thus concerned on one level with the finer details of Qur’anic interpretation. However, since any discussion of the Qur’an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions’ and living tradition’), also receives considerable attention. it is impossible, for Dutton, to find that these two main legitimate sources, textual and practical, will be different and in dispute. This third school wanted to fill the gap between these two schools using different object and argument although in someway meet in same conclusion
Dari ‘illah ke maqasid: formula dinamisasi hukum Islam di era kekinian melalui pengembangan konsep maqasid
Get PDFThis article has been pushed by the fact that the reading of classical texts does not involve the conciousness that the texts present not in a hollow space, but in a chamber having its own language, culture, values, social institutions and other patterns of social relations. This is a pure library study; all data sources are in the form of written materials related to the topic that has been set. Then these concepts, with the help of modern literature, are developed in line with the present context. Three things formulated in this study are: the concept of ‘illah, maqasid, and the development of maqasid concepts in order to make Islamic law remain dynamic. The content and the range of meaning of each of the five maqasid formulated by al-Syatibi can bedeveloped due to the demands of the present context. Therefore, the development of content and range of meaning is carried out by this paper. The author put a great effort to put a number of Qur’anic verses as the guide and giver of moral messages. Themes such as religious freedom, the maintenance of natural resources from exploitation and extermination, gender equality, nourishing the generations from neglect, oppression and poverty, and must enable the common sense in all things, in the opinion of the author are able to fill all of the content as well as expand the range of concepts of maqasid in the contemporary era
Pengaruh motivasi mu’amalat (bekerja dan berproduksi, kebutuhan sekunder, kebutuhan primer) terhadap prestasi kerja yang religius
Get PDFObserving the development and growth of modern markets that is not comparable to traditionalmarkets and folk market, has described the tendency of secondary needs (psychological) which aredominant, and has been proven by Consumption Patterns Survey Central Bureau of Statistics (1991-2012). The survey shows that spending to meet the secondary needs amounted to 62.56% while for theprimary requirement of 37.44%. The order to meet the secondary needs and primary needs exist in theQur’an, but all of them in order to improve the achievement of the religious (pious charity) is not tosatisfaction solely. Based on a survey of consumption patterns and theories about the need for secondaryand work performance, attractive to the research, is there a need for Secondary Effect on Achievementof the Religious? From the loading factor corfirmatory mu’amallat with second order factor Analysis isas follows: secondary needs loading factor = 1.00 (significant). This figure shows that the needs of mostlarge secondary needs described by the variation of mu’amallat motivation. In other words secondaryrequirement is the most powerful indicator (dominant) of mu’amallat motivation (work and production,needs secondary, needs primary, work performance of religious)
Dinamika fatwa produk keuangan syariah
Get PDFFatwa (opinion of jurist/mufti) is developed by mufti/ulama as an instrument of Islamic law as well as guidance for ummah. Fatwa is considered as an actual instrument of Islamic jurisprudence because of certain reasons: a) qaul ulama (jurist’s opinion) as another source of Islamic law beside Quran and hadits; b) there is one single authority of fatwa institution in Indonesia; and c) it is a Mufti’s response towards real social problems in the society. In fact, some fatwas of National Sharia Board are in harmonize with National Acts (i.e. Act of Central Bank)
Nikah di bawah tangan perspektif yuridis dan sosiologis
Get PDFThe purpose of this paper is to determine the implementation of unregistered marriages and its obstacles in social life. The author uses a qualitative approach with descriptive methode which describes systematically, factual, and accurate information on the facts, properties and relationships among actualized phenomena. Siri marriage is a marriage conducted in accordance with terms and pillars of marriage in Islam, but not with the Registrar of Marriage Officer (VAT). Unregistered marriages is considered legitimate according to religion. Eventhough it causes problems because it is not listed in state law. So it will have difficulty regarding divorce and division of matrimonial property, as well as an impact on the status of children, guardianship status of marriage rights, and inheritance rights
Gerakan damai ala kelompok-kelompok islamis di dunia Islam
Get PDFJudul buku yang diberikan penerbit Umat Bergerak Mobilisasi Damai Kaum Islamis di Indonesia, Malaysia, dan Turki. Sedangkan judul buku yang diberikan penulis Peaceful Islamist Mobilization in The Muslim World. Sepintas penulis berfikir bahwa judul penulisapenerjemahan ke dalam bahasa Indonesia tersebut dilakukan supaya lebih memikat perhatiadari pembaca. Untuk itu, penulis memilih judul review untuk buku ini dengan Gerakan damai ala kelompok-kelompok islamis di dunia Islam