14 research outputs found
SKETCHING THE EARLY 20th CENTURY HIJAZ-JAWI ISLAMIC SCHOLARSHIP THROUGH THE COMMENTARY LITERATURE: A Preliminary Study on Muḥammad 'Ali al-MÄlikī’s InÄrat al-DujÄ
No full textThis article seeks to highlight some important accounts on the intellectual history of ḤijÄz-JÄwÄ« Islamic scholarship by examining the syarh (gloss or commentary) literature. The work under investigation is InÄrat al-DujÄ Syarḥ TanwÄ«r al-ḤijÄ Naẓm SafÄ«nat al-NajÄ written by Muhammad ‘Ali al-MÄlikÄ« al-MakkÄ« (1870-1945 AD/1287-1364 AH). This book is a commentary (syarḥ) on TanwÄ«r al-ḤijÄ Naẓm SafÄ«nat al-NajÄ, a notable work by Ahmad Qusyairi bin Ahmad al-Siddiq al-FÄsuruwÄni al-LÄsimÄ« (1892-1972 AD/1311-1392 AH), a prominent Jawi scholar of the early 20th century who had established a correspondence with Muhammad ‘Ali al-Maliki. Beginning with the initial exploration on what might be called “the trans-regional scholarship of Safinat al-Najaâ€, this paper highlights the collaboration between ‘Ali al-MalikÄ« and Ahmad Qusyairi al-FÄsuruwanÄ« through InÄrat al-DujÄ, including the historical sketch behind the publication of the work, some important aspects it contains, and its significance for the larger picture of the early 20th Century HijÄz-JÄwÄ« Islamic intellectual history
Transcending Without Disconnecting: The Integrative Epistemology of _Ma’had AlySitubondo_ and Its Model of Endogenous Islamic Legal Reform
No full textThis article examines how Ma’had Aly Salafiyah Syafi’iyyahSitubondo,Indonesiadevelops an endogenous and tradition-rooted model of Islamic legal reform through an integrative epistemology that combines bayānī(textual), taʿlīlī(rational-causal), and maqāṣidī(teleological) approaches. The study aims to identify the epistemological principles and institutional mechanisms through which Ma’had Alymaintains continuity with classical turāthand sanadwhile restructuring legal reasoning to address contemporary socio-legal realities. Using a qualitative socio-legal and contextual-hermeneutic approach supported by Critical Discourse Analysis, the research investigates how interpretive authority is negotiated within pedagogical practices, curriculum design, and baḥth al-masāʾildeliberations. The findings show that Ma’had Aly’sepistemic project is not a juxtaposition of interpretive tools but a coherent model of fiqh renewal grounded in the interplay between fiqh al-nuṣūṣ(textual reasoning), fiqh al-wāqiʿ(analysis of social reality), and fiqh al-tanzīl(contextual application). This triadic framework enables the institution to transcend rigid textualism while preserving normative legitimacy through sanad-based authority. The study further demonstrates that Ma’had Aly’sintegrative methodology constitutes a neo-traditionalist reform trajectory, facilitating a shift from qaulīand ilḥāqīreasoning toward a manhajīparadigm guided by maqāṣid al-sharīʿah. Building on these insights, the article proposes the “Integrative Manhaj of Epistemological Renewal” as a theoretical model explaining how pesantren-based higher learning institutions can generate internally legitimate and contextually adaptive jurisprudential reform. While recognizinglimitations stemming from its single-case scope and the cultural specificity of pesantrenepistemology, the study contributes to broader debates on Islamic legal reform in Southeast Asia by demonstrating the capacity of tradition-based institutions to produce transformative yet continuity-preserving legal reasoning
Transcending Without Disconnecting: The Integrative Epistemology of _Ma’had AlySitubondo_ and Its Model of Endogenous Islamic Legal Reform
Get PDFThis article examines how Ma’had Aly Salafiyah Syafi’iyyahSitubondo,Indonesiadevelops an endogenous and tradition-rooted model of Islamic legal reform through an integrative epistemology that combines bayānī(textual), taʿlīlī(rational-causal), and maqāṣidī(teleological) approaches. The study aims to identify the epistemological principles and institutional mechanisms through which Ma’had Alymaintains continuity with classical turāthand sanadwhile restructuring legal reasoning to address contemporary socio-legal realities. Using a qualitative socio-legal and contextual-hermeneutic approach supported by Critical Discourse Analysis, the research investigates how interpretive authority is negotiated within pedagogical practices, curriculum design, and baḥth al-masāʾildeliberations. The findings show that Ma’had Aly’sepistemic project is not a juxtaposition of interpretive tools but a coherent model of fiqh renewal grounded in the interplay between fiqh al-nuṣūṣ(textual reasoning), fiqh al-wāqiʿ(analysis of social reality), and fiqh al-tanzīl(contextual application). This triadic framework enables the institution to transcend rigid textualism while preserving normative legitimacy through sanad-based authority. The study further demonstrates that Ma’had Aly’sintegrative methodology constitutes a neo-traditionalist reform trajectory, facilitating a shift from qaulīand ilḥāqīreasoning toward a manhajīparadigm guided by maqāṣid al-sharīʿah. Building on these insights, the article proposes the “Integrative Manhaj of Epistemological Renewal” as a theoretical model explaining how pesantren-based higher learning institutions can generate internally legitimate and contextually adaptive jurisprudential reform. While recognizinglimitations stemming from its single-case scope and the cultural specificity of pesantrenepistemology, the study contributes to broader debates on Islamic legal reform in Southeast Asia by demonstrating the capacity of tradition-based institutions to produce transformative yet continuity-preserving legal reasoning
A Critical Analysis of Islamic Law and Fatwa of MUI (Majlies Ulama Indonesia) & NU (Nahdlatul Ulama’) on A Gold-Backed Cryptocurrency (OneGram)
Get PDFCryptocurrency is a result of recent development of digitalization in the financial transaction. OneGram is a part of it that uses gold instruments to back up and maintain its value stable. The purpose of this study is to explore how Islamic law and MUI & NU, through their fatwa, percieve the OneGram. This research uses a qualitative approach to gain a deep understanding of the OneGram by using secondary data collected from the Quran, hadith, relevant academic journals according to Islamic law and fatwas from both organization. The results of this study state that OneGram is allowed by Islamic law and the fatwa to be used as digital payment system. OneGram is furthermore supervised by shariah supervisory board to avoid gharar (uncertainty) and maysir (gambling) in maintaining its value. The unique fact from this digital currency is that the use of gold in transaction had been applied in the time of Prophet Muhammad SAW. From this digital development, OneGram as a gold-backed cryptocurrency can revive the function of dinar as currency. OneGram transforms the gold value in dinar coin which physically has no flexibility in today transaction to the gold value in digital platform which has flexibility in digital transaction with broad accesability
Converging Religious Doctrine: Sunni-Shi’i Marriages in Indonesia
Get PDFTaking the floor in Bondowoso, this article sheds light on the cross marriage practices between Sunni-Shi’i communities. The main question addresses how the marriages converge religious norms and socio-cultural dynamics, considering the significant theological differences between the two. This study positions itself within the context of Islamic jurisprudence, highlighting the normative differences in marriage practices between Sunni-Shi’i traditions. Through in-depth interviews and participant observation, the findings reveal that love, economic considerations, and strong social support play crucial roles in overriding the different doctrines. Sunni-Shi’i couples in Bondowoso successfully take care of their relationships through mutual respect and open communication, contributing to broader social cohesion. The marriages between Sunni and Shi’i individuals in Bondowoso adhered to a combination of religious and state legal frameworks to ensure legitimacy and social acceptance. Some couples followed the Sunni Shafi’i school of thought ensuring that the marriage contract (akad nikah) included the presence of two witnesses and the guardian(wali) for the bride. In cases where Shi’i traditions were incorporated, the ceremony sometimes included additional blessings or teachings from Shi’i scholars, while the concept of temporary marriage (mut’ah) was explicitly avoided due to broader Sunni opposition. Additionally, all marriages were officially registered under Indonesia’s state law through the Office of Religious Affairs (KUA), aligning with national legal requirements for marriage recognition.
[Berlatar di Bondowoso, artikel ini menyoroti praktik pernikahan antara anggota komunitas Sunni dan Syiah. Pertanyaan utama yang dibahas adalah bagaimana pernikahan tersebut mengharmoniskan norma-norma agama dan dinamika sosial budaya, mengingat adanya perbedaan teologis yang signifikan di antara keduanya. Studi ini berada dalam konteks yurisprudensi Islam, dengan menyoroti perbedaan normatif dalam praktik pernikahan antara tradisi Sunni dan Syiah. Melalui wawancara mendalam dan observasi partisipatif, temuan penelitian ini mengungkap bahwa cinta, pertimbangan ekonomi, dan dukungan sosial yang kuat memainkan peran penting dalam mengatasi perbedaan doktrin. Pasangan Sunni-Syiah di Bondowoso berhasil menjaga hubungan mereka melalui saling menghormati dan komunikasi yang terbuka, yang pada akhirnya berkontribusi terhadap kohesi sosial yang lebih luas. Pernikahan antara anggota Sunni dan Syiah di Bondowoso mengikuti kombinasi kerangka hukum agama dan negara untuk memastikan legitimasi serta penerimaan sosial. Beberapa pasangan sengaja mengikuti mazhab Syafi’i dengan memastikan bahwa akad nikah dilaksanakan dengan kehadiran dua saksi serta wali bagi mempelai wanita. Dalam kasus di mana tradisi Syiah turut dimasukkan, upacara pernikahan terkadang mencakup doa tambahan atau pengajaran dari ulama Syiah, sementara konsep pernikahan temporer (mut’ah) secara eksplisit dihindari karena adanya penolakan yang luas dari kalangan Sunni. Selain itu, semua pernikahan secara resmi didaftarkan sesuai dengan hukum negara melalui KUA, sejalan dengan persyaratan hukum nasional untuk pengakuan pernikahan.
Transcending Without Disconnecting: The Integrative Epistemology of Ma’had Aly Situbondo and Its Model of Endogenous Islamic Legal Reform
Get PDFThis article examines how Ma’had Aly Salafiyah Syafi’iyyah Situbondo, Indonesia develops an endogenous and tradition-rooted model of Islamic legal reform through an integrative epistemology that combines bayānī (textual), taʿlīlī (rational-causal), and maqāṣidī (teleological) approaches. The study aims to identify the epistemological principles and institutional mechanisms through which Ma’had Aly maintains continuity with classical turāth and sanad while restructuring legal reasoning to address contemporary socio-legal realities. Using a qualitative socio-legal and contextual-hermeneutic approach supported by Critical Discourse Analysis, the research investigates how interpretive authority is negotiated within pedagogical practices, curriculum design, and baḥth al-masāʾil deliberations. The findings show that Ma’had Aly’s epistemic project is not a juxtaposition of interpretive tools but a coherent model of fiqh renewal grounded in the interplay between fiqh al-nuṣūṣ (textual reasoning), fiqh al-wāqiʿ (analysis of social reality), and fiqh al-tanzīl (contextual application). This triadic framework enables the institution to transcend rigid textualism while preserving normative legitimacy through sanad-based authority. The study further demonstrates that Ma’had Aly’s integrative methodology constitutes a neo-traditionalist reform trajectory, facilitating a shift from qaulī and ilḥāqī reasoning toward a manhajīparadigm guided by maqāṣid al-sharīʿah. Building on these insights, the article proposes the “Integrative Manhaj of Epistemological Renewal” as a theoretical model explaining how pesantren-based higher learning institutions can generate internally legitimate and contextually adaptive jurisprudential reform. While recognizing limitations stemming from its single-case scope and the cultural specificity of pesantren epistemology, the study contributes to broader debates on Islamic legal reform in Southeast Asia by demonstrating the capacity of tradition-based institutions to produce transformative yet continuity-preserving legal reasoning
SKETCHING THE EARLY 20th CENTURY HIJAZ-JAWI ISLAMIC SCHOLARSHIP THROUGH THE COMMENTARY LITERATURE: A Preliminary Study on Muḥammad 'Ali al-MÄlikī’s InÄrat al-DujÄ
Get PDFThis article seeks to highlight some important accounts on the intellectual history of ḤijÄz-JÄwÄ« Islamic scholarship by examining the syarh (gloss or commentary) literature. The work under investigation is InÄrat al-DujÄ Syarḥ TanwÄ«r al-ḤijÄ Naẓm SafÄ«nat al-NajÄ written by Muhammad ‘Ali al-MÄlikÄ« al-MakkÄ« (1870-1945 AD/1287-1364 AH). This book is a commentary (syarḥ) on TanwÄ«r al-ḤijÄ Naẓm SafÄ«nat al-NajÄ, a notable work by Ahmad Qusyairi bin Ahmad al-Siddiq al-FÄsuruwÄni al-LÄsimÄ« (1892-1972 AD/1311-1392 AH), a prominent Jawi scholar of the early 20th century who had established a correspondence with Muhammad ‘Ali al-Maliki. Beginning with the initial exploration on what might be called “the trans-regional scholarship of Safinat al-Najaâ€, this paper highlights the collaboration between ‘Ali al-MalikÄ« and Ahmad Qusyairi al-FÄsuruwanÄ« through InÄrat al-DujÄ, including the historical sketch behind the publication of the work, some important aspects it contains, and its significance for the larger picture of the early 20th Century HijÄz-JÄwÄ« Islamic intellectual history
Underage Widows and Widowers before the Law: Problem, Contestation and Legal Certainty in Marriage Dispensation
Get PDFIncreasing the minimum age for marriage has increased the community's efforts to obtain a marriage dispensation permit in court. Generally, this application is made by children who are not old enough and not yet married, but the facts on the ground state that there are widows and widowers under age who also apply for a marriage dispensation for the second time, this raises a new problem, namely legal uncertainty for the applicant. This study will explore the problems of an underage widow and widower in registering his second marriage and the contestation of authority in the marriage of underage widows and widowers. The study was conducted by looking at and analyzing several cases of application for dispensation for the marriage of underage widows and widowers in several Religious Courts (juridical normative) and mapping related documents (library research). Three important points are noted. First, when a widow and widower under the age of 19 applies for marriage registration at the Office of Religious Affairs but is refused and directed to apply for a dispensation to marry, while in the Religious Court, there are differences of opinion among judges in the application for dispensation to marry a second time, some reject, and some accept. Second, there is contestation between the Office of Religious Affairs and the Religious Courts in viewing dispensation for widow and widower marriage because of the different legal basis used. Third, despite the contestation between the two institutions, the Religious Courts, as justice-seeking agencies, must accept the application submitted to ensure legal certainty for its citizens, namely widows and widowers under age. Thus, this article recommends two actions: namely, the need for communication between the two executive and judicial institutions to discuss the issue of marriage dispensation for underage widows and widowers so as not to contradict each other and legal certainty for underage widows and widowers who want to marry is essential
DETERMINATION AND ARGUMENTATION OF JUDGES IN MARRIAGE DISPENSATION AT THE SUMBAWA BESAR RELIGIOUS COURT: ANALYSIS OF DETERMINATION NUMBER 4/PDT.P/2024/PA.SUB REVIEW OF MASLAHAH AL-BUTI AND LEGAL POLITICS
Get PDFMarriage is a common instinct for all humans. In Law Number 1 of 1974 concerning Marriage, it is explained that marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Almighty God. As for the age of the prospective bride and groom is 19 years according to Law Number 16 of 2019, but in the Sumbawa Besar Religious Court there was a request for marriage dispensation where the male party was still under 19 years old and there were factors underlying the determination of the Sumbawa Besar Religious Court Number 4/Pdt.P/2024/ PA.Sub that the prospective wife was pregnant outside of marriage, so the judge used Article 7 Paragraph 2 of Law Number 16 of 2019 concerning marriage and PERMA No. 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Requests. This research is a field research, qualitative in nature, with a legislative, conceptual, and case approach. As a result of this research, the judge granted the request for marriage dispensation. This determination is in line with the maslahah of al-Buti and the legal policy of marriage dispensation. The findings in this study, First: there are legal, sociological, and philosophical factors that influence judges in deciding cases. Second: The judge's appointment is in line with the political law of the marriage dispensation and is in line with the maslahah of Muhammad Said Ramadan al-Buti. Third: Finding the idea of maslahah usrah cum urgency, with several working methods, first the judge has asked and examined the applicant's files carefully, second the judge considers the maslahah aspect to be prioritized in determining the marriage dispensation, third the judge is able to apply the legal policy of marriage dispensation, namely the direction of legal policy that contains the benefits and urgency for the parties seeking justice
Gendered Epistemology and the Question of Legal Authority: Aisha’s Critique of the Companions
No full textThis article engages the epistemological dilemma of relying on homogeneity in reliability (ʿadālah and ḍabṭ) among the companions of the Prophet during hadith transmission. In a socio-legal and hermeneutic framework, it analyses Aisha’s interpretive interventions into narrations of significant male companions—Ibn ʿUmar and Ibn ʿAbbās in particular—as manifestations of feminine legal authority in earliest Islamic times. It considers how Aisha’s interactions change how legal reasoning and epistemic authority were constructed during the nascent period of Islamic thought. Drawing upon a hermeneutic textual analysis that is informed by socio-legal and gender-conscious epistemological approaches respectively, the work is concerned with two prominent hadiths in Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim: the use of perfume prior to iḥrām and the nadhr involving the Prophet’s camel al-ʿAdhbāʾ. Analysis demonstrates that Aisha’s interventions do not deny hadith itself or the companions but instead emphasise interpretive coherence, empirical proof and legal reasoning grounded in first-hand prophetic experience. Her epistemological agency, on the other hand, stands as an early female presence in the manufacture of hadith-based legal reasoning that stands at divergence from the gendered paradigm and extends an epistemology based on dialogue. By re-assessing Aisha’s methodological interventions, the study plays into a more comprehensive debate about gendered knowledge production as well as the epistemological credibility of Islamic legal thought and provides readers with a framework for rethinking authority, gender and interpretation in Islamic scholarship in the present moment
