Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan
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Maqasid al-shariah: suatu kajian terhadap ijtihad Ali ibn Abi Thalib
Get PDFIjtihad conducted by Ali ibn Abi Talib continuously to understand in depth the purpose of Islamic law and reason for its implementation, and to realize maslahah (the public good) for human life on earth. This Ijtihad was always supported by nas the Qur’an’s and Sunnah’s text) and also according to the spirit of Shari’ah. The results of Ali’s ijtihad if linked with the approach and application of maqasid al-shari’ah (the goals and objectives of Islamic law) as the study of usul al-fikih (the methodology of Islamic law) had many similarities. In another sense, Ali ibn Abi Talib was really smart to understand and apply maqasid al-shari’ah in the five types of maslahah, namely faith or religion, life or human self, intellect, lineage or posterity, and property or wealth. Likewise, in the application of the five maslahah, levels and priorities in the form daruriyyat (the essential benefits), hajiyyat (the complementary benefits), and tahsiniyyat (the embellishment benefits) was always be considered by him. On the other hand, if there was a clash between one maslahah with another maslahah, Ali ibn Abi Talib solved it by consideration of the level and priority in the implementation of mas}lah}ah to be realized
Jihadisme Salafi versus pemikiran mubaligh dan guru agama
Get PDFJudul Buku:NII sampai JI Salafy Jihadisme di Indonesia Penuis : Solahudin Pengantar:Greg Fealy Penerbit : Cetakan Tebal : : Komunitas Bambu Mei 2011 xviii+294 hlm
Menggugah peran hukum humaniter internasional Islam dalam mengurai konflik etnis perspektif sejarah
Get PDFThe defamation of minority ethnics and groups by the authority and the majority has been exposed by the media throughout history. This condition is contrary to the Islamic concept of rahmatan lil’alamin. The concept will not be materialized if the expert of humanitarian law does not involve in the formulation of Islamic humanitarian law. This topic is proposed by the author to persuade the expert of Islamic law to be more active in exploring the concept of prosperous life according to Islam. The author does not explore the topic from legal point of view but rather from historical point of view that crime and genocide has colored global life. If this condition is not addressed immediately and appropriately, we should concern that misguidance will be always characterized our life. Persuading humanitarian law expert is a scientist contribution to create a prosperous life and prevent a conflict. International humanitarian law is a part of international law consisting of diplomatic law, maritime law, law of international treaty, and space law. Due to its significance, it necessitates Islam to coloring humanitarian law. Islam may contribute to humanitarian law through the expert of Islamic law. Islam may be used as a frame of humanitarian law because it establishes a world full of compassion without any form of discrimination
Paradigma usul fikih multikultural di Indonesia
Get PDFThis study aims to examine how the significance of multicultural paradigm of usul fiqh in social and national life which is diversity. Approach to study uses a paradigm shift in Kuhn’s opinion and theoritical framework of this study uses a “static and dynamic multiculturality” in Baidoeri’s opinion. The results of this study indicated that the diversity of life and religion of this nation need paradigms of multicultural opinion to create social and national life which are quiet, peaceful, tolerant as well as mutual respect and cooperation. As the largest Muslim nation, Muslims of Indonesia should have a multicultural paradigm of us}ul fiqh to build a fiqh opinion which is tolerant and accommodating towards differences and diversity of socio-culture, politics and religion, rather than monocultural paradigm of ushul fiqh that aims to formalize the Islamic jurisprudence that is exclusive and discriminatory
Dinamika pengelolaan wakaf uang: studi sosio-legal perilaku pengelolaan wakaf uang pasca pemberlakuan UU No. 41 tahun 2004 tentang wakaf
Get PDFThe reality of the implementation of cash waqf after regulation Act No. 41 in 2004 on Waqf studied to address the problem: how cash waqf be understood accepted and implemented by the cash waqf institutions; and how cash waqf be managed by cash waqf institutions in Indonesia? The study is a socio-legal study with phenomenological qualitative research methods. This study focus on understanding the cash waqf regulation as “law in the book” and how the implementation and acceptance of cash waqf as a “law in the society”. Social and law change, and behavior and effectiveness of law theories are used as a research perspective The findings of this study are as follows. Firtsly, It is founded that understanding and acceptance levels of cash waqf regulations is various. The various is acceptance and using all of cash waqf regulation, using a part and totally avoidance and ignorant the regulation. Secondly, Cash waqf regulation delegitimize the cash waqf process has been developed by the community. It is impact to avoid or ignore the regulation by most of waqf board and foundations. Some foundations avoid the regulation and switch to the model of other charitable. The others ignore the regulation and keep up with the concept of cash waqf has been understood. The avoidance and ignorant foundations earn the trust (even likely to increase) of the people. The other side the development of cash waqf management as the regulation is less encouraging. It is show that waqf act especially on cash waqf regulation is less effective
Tipologi intelektual Muslim dalam bidang kajian fikih: studi terhadap karya-karya fikih dosen STAIN Bengkulu
Get PDFThis study aims to examine the scientific trend of approach and theme of lecturer’s works of STAIN Bengkulu in the field of Islamic law (fiqh) and the scientific position of lecturer’s works of STAIN Bengkulu as Muslim intellectuals. This article is using two approaches, namely the conceptual approach and historical approaches, whereas measures of research was conducted by reviewing documentation as primer data and interviewing as sekunder data. The results showed that the scientific trend of approach and theme of lecturer’s works of STAIN Bengkulu was consists of three kinds: First, the normative trend of scientific approach and theme in Islamic law. This trend was categorized as “exclusive Muslim intellectualism”. Second, this trend began to expand the discourse of study on fikih, but it was not to integrate with Western scientific approach. This trend was categorized as “inclusive Muslim intellectualism”. Third, this study was more empirical and historical-sociological approach and theme in Islamic law (fikih) so that the discourse was more be able to answer the situation and condition of the people. This trend was categorized as “pluralist Muslim intellectualism”
Implementasi mediasi dalam sistem peradilan agama
Get PDFThis study aimed at describing the background of the birth of the policy on mediation in the Religious of Court and to understand and identify the procedures, barriers and efforts to improve religious court settlement through mediation. The method used is descriptive research method analysis of mediation theory and implementation in the religious court. The study found a number of findings that can give significance to the development of science in the field of procedural law of religious courts, which ishlah theory that can be used as a grand theory to study dispute resolution and mediation triangle theory that can be used as an operational theory (applied theory) in seeing the success of mediation in the judiciary. As for the successful implementation of the policy of mediation can be done with a number of strategies
Persoalan riba dalam aktifitas pelepas modal: tinjauan humanisme dan moralitas agama
Get PDFThis article presents a preliminary study on cases of interests added loans between the creditors and small scale merchants. The cases are seen through the textual perspective as the interests embedded transactions (riba). Thus, textually, these kinds of transactions are said to have violated or at least ignored the religious law (fiqh). But in reality, these practices exist and continuous to exist. Hence, there is a thought whether the interconnected and interdisciplinary approach aimed at promoting the spirit of humanity and religious morality can accommodate these practices. This is due to the argument that the religious teaching based merely on texts may provoke exclusivist attitudes that will be less conducive for today’s cultural and religious globalization era. However, the contextual approach neglecting the textual norms as guidance and directions for everyday’s lives will trap someone into the nihilistic attitudes. One of the characteristics of the philosophical approach -in the era of post-existentialism- toward multi faces of Islam is the pattern of the study which does not merely refer to texts of the holy Book and the Prophet’s traditions literally, out of contexts
Fikih Melayu Nusantara era pra kolonial
Get PDFFiqh is often perceived as Islam itself. This is becouse the growth of fiqh involves the integration of followers from different backgrounds, languages, cultures and places where human live. Syeikh Abdurrauf Syah Kuala mentioned that language he used in his books was Jawi Pasai language. Aceh pronunciation and writing were conducted in two language, they were Acehnese language and Malay language, because besides Arabic, both languages are official languages in the kingdom of Aceh Darussalam. So, as the product of thought, fiqh does not admit boundaries of space and time. That’s why, the fiqh would be undergoing a process “to become” change according to needs
Paradoks universalitas HAM Barat di muka cermin Islam perspektif filsafat hukum dan HAM
Get PDFthis paper aims at examining the paradox of universality of human rights and trying to bring Western concepts of universality in the context of Islam. Human rights birth of natural philosophy which starts from Newtonian physics, then processed in the philosophy of Locke and Rousseau. So the human rights birth is indeed an effort to combat all forms of oppression by men over other men. Human rights is a concept that start with the state of human nature and hence it is universal. The state of nature in Western philosophy that was later named to the nature of Islam. Violation of human rights is a denial of the concept of universality, so that the West and Islam are required to align rational understanding and cultural particularity of the importance of human rights in the name of justice and humanity. This paper uses philosophy of law and human rights perspective as a method based on the thinking of Western philosophers and to compare with Muslim intellectuals such as Al-Jabiri, Hassan Hanafi and Maududi who had been instrumental in laying a rational approach to human rights in the Islamic theoretical framework. This paper produces an important finding that the concepts of human rights raised by Western philosophers actually been explained clearly in the Quran and hadith, so the universality of Western human rights is no longer a problem for, and can do with scientific interconnectivity, (particularity law) Islam