1,720,967 research outputs found
REINTEPRETASI PENGKLASIFIKASIAN HADIS (Meneropong Problematika dan Solusi Hadis Era Kontemporer)
No full textAs the second source of Islamic teachings after the Qur’an, the Hadith has an important position towards the development of Islamic teachings. The search of the history of the Hadith certainly has very long twists and turns, the era of the Prophet Muhammad, Companions, Tabi’in to the Muhadithin. The dynamics of thedevelopment of the Hadith is also accompanied by the development of the ulumul hadith, one of the aims of the existence of the ulumul hadith is to look for the authenticity of a Hadith, until the theory of the classification of Hadith emerges in terms of the quality or quantity of the Hadith. However, in line with the development of this contemporary era, the Hadith experiences a problem when it must adapt to the conditions and socioculture of society. Historical aspects, authority, reinterpretation, authenticity to methodology are considered to be separate problems experienced by this second source of Islamic teachings in the contemporary era. As a literature study and literature study, this paper attempts to reinterpret the classification of Hadith and reveal the problems of the Hadith in the contemporary era, so as to produce a solution to the continuity of the Hadith in the contemporary era.Keywords: Classification of Hadith; Problematics; Solutions; Contemporary Era
UNREGISTERED MARRIAGE BETWEEN INDONESIAN CITIZENS AND FOREIGN CITIZENS WITH THE LEGAL PERSPECTIVE OF MARRIAGE IN INDONESIA
Full text linkThe practice of unregistered marriage between Indonesian citizens and foreign nationals always raises legal problems, both the law of marriage and the legal consequences of the marriage. This article aims to provide concrete legal solutions and steps to the practice of unregistered marriage between Indonesian citizens and foreign nationals. This study used literature research with qualitative descriptive methods, through a normative legal approach. The results show that unregistered marriage is a social symptom of modern society which always occurs in the practice of today’s society. Although unregistered marriage is not specifically regulated in the practice of mixed marriages, it often occurs and must be anticipated. The solution is that there are three legal options that can be taken: first, if the person concerned is domiciled in Indonesia and intends to become an Indonesian citizen, then s/he can register the marriage with the employee who registers the marriage and performs the marriage certificate according to the provisions. Second, if the person concerned is living abroad but wants to become an Indonesian citizen, then s/he can take legal steps by registering the marriage and marriage certificate at the Indonesian Embassy. Third, if the person concerned is domiciled and wants to become a resident of a foreign country, then the person concerned must take the legal route that has been determined in that country. Thus, family law in Indonesia can be adaptive and responsive to the dynamics of social change
Perlindungan Perempuan Melalui Perjanjian Pra Nikah (Respon Terhadap Isu Hukum dan Gender)
Full text linkFacing problem and misunderstanding in family becomes a necessity and humane. The goal of harmonious and happy family is a necessity and an order from the law. One of the mandates given by the law in order to overcome problems in the household is the “marriage agreement”. In the contemporary era, marriage agreements are needed in order to protect the interests of women. Where women in contemporary gender issues have the same roles and abilities as men. This study uses descriptive-qualitative analysis through library research, where this paper seeks to reveal the importance of prenuptial agreements as an effort to protect women’s interest in response to contemporary law and gender issues. The findings in this study indicates that women’s protection can be minimized and anticipated by prenuptial agreements. While in legal and gender issues, prenuptial agreements can be done before and after marriage to regulate all the things needed by both parties eliminate discrimination and oppression of women.Masalah dan kesalahpahaman dalam keluarga adalah suatu keniscayaan dan manusiawi. Cita-cita akan terciptanya sebuah keluarga yang harmonis dan bahagia merupakan sebuah keharusan dan perintah dari Undang-undang. Salah satu amanat yang diberikan oleh Undang-undang dalam rangka menanggulangi problematika dalam rumah tangga adalah “perjanjian pra nikah”. Dalam era kontemporer saat ini, perjanjian pra nikah diperlukan dalam rangka melindungi kepentingan perempuan. Dimana perempuan dalam isu gender kontemporer ini mempunyai peran dan kemampuan sebagaimana laki-laki. Kajian ini menggunakan analisa deskriptif-kualitatif melalui kajian pustaka (library research), dimana tulisan ini berupaya mengungkap pentingnya perjanjian pra nikah sebagai upaya melindungi kepentingan perempuan guna merespon isu hukum dan gender kontemporer, Temuan dalam penelitian ini menujukkan bahwa perlindungan perempuan bisa diminimalisir dan diantisipasi dengan perjanjian pra nikah. Sementara dalam isu hukum dan gender, perjanjian pra nikah bisa dilakukan sebelum dan sesudah pernikahan untuk mengatur semua hal yang dibutuhkan oleh kedua belah pihak guna menghilangkan diskriminasi dan penindasan terhadap perempuan
Perlindungan Perempuan Melalui Perjanjian Pra Nikah (Respon Terhadap Isu Hukum dan Gender)
Full text linkFacing problem and misunderstanding in family becomes a necessity and humane. The goal of harmonious and happy family is a necessity and an order from the law. One of the mandates given by the law in order to overcome problems in the household is the “marriage agreement”. In the contemporary era, marriage agreements are needed in order to protect the interests of women. Where women in contemporary gender issues have the same roles and abilities as men. This study uses descriptive-qualitative analysis through library research, where this paper seeks to reveal the importance of prenuptial agreements as an effort to protect women’s interest in response to contemporary law and gender issues. The findings in this study indicates that women’s protection can be minimized and anticipated by prenuptial agreements. While in legal and gender issues, prenuptial agreements can be done before and after marriage to regulate all the things needed by both parties eliminate discrimination and oppression of women.Masalah dan kesalahpahaman dalam keluarga adalah suatu keniscayaan dan manusiawi. Cita-cita akan terciptanya sebuah keluarga yang harmonis dan bahagia merupakan sebuah keharusan dan perintah dari Undang-undang. Salah satu amanat yang diberikan oleh Undang-undang dalam rangka menanggulangi problematika dalam rumah tangga adalah “perjanjian pra nikah”. Dalam era kontemporer saat ini, perjanjian pra nikah diperlukan dalam rangka melindungi kepentingan perempuan. Dimana perempuan dalam isu gender kontemporer ini mempunyai peran dan kemampuan sebagaimana laki-laki. Kajian ini menggunakan analisa deskriptif-kualitatif melalui kajian pustaka (library research), dimana tulisan ini berupaya mengungkap pentingnya perjanjian pra nikah sebagai upaya melindungi kepentingan perempuan guna merespon isu hukum dan gender kontemporer, Temuan dalam penelitian ini menujukkan bahwa perlindungan perempuan bisa diminimalisir dan diantisipasi dengan perjanjian pra nikah. Sementara dalam isu hukum dan gender, perjanjian pra nikah bisa dilakukan sebelum dan sesudah pernikahan untuk mengatur semua hal yang dibutuhkan oleh kedua belah pihak guna menghilangkan diskriminasi dan penindasan terhadap perempuan
Reformulating The Concept of Maslahah: From A Textual Confinement Towards A Logic Determination
Full text linkUp to this contemporary era, the concept of maslahah developed by several leading Muslim scholars seems to be rather theocentric in a way that it is transfixed on the maslahah considerations contained in the texts (naás). This means that the concept of maslahah has so far been shadowed in the textual confinement so that the resulting maslahah becomes an old-fashioned, stagnant, and less-able concept for responding to the times’ challenges. This study aims to open up discourses and opportunities for the development and reformulation of maslahah in the current contemporary era. This qualitative study is library research. The data used were obtained from book literature, journals, and other writings related to maslahah and were analyzed using a content analysis method. The discussion was done by describing the historical data of previous thoughts on maslahah from textual confinement to logic determination, which was then formulated with the reality of today's modern era life. The results of this study indicate that: 1) from its historical aspect, the reformulation of maslahah is one which has so far only been assessed in the perspective of Shari' (the Law Maker). Hence, it is necessary to reformulate it in the perspective of mujtahid by referring to maslahah associated with the issues’ reality context, 2) there is a need to incorporate the concept of ethics and humanity into the structure of maslahah, and 3) there present a necessity to formulate a collective-based ijtihad in probing of maslahah to create a scientific maslahah-based ijtihad methodology
DETERMINASI DAN INTERVENSI AKAL DALAM MADZHAB USHUL IMAM SYAFI’I
Full text linkOne of the main contributors to the development of Islamic law is the intervention of reason in the study of Islamic law. Intervention of reason in the study of Islamic law is a way out if there is a contradiction between the text and reality. One method of ijtihad that combines texts and reason initiated by Imam Shafi'i is qiyas. Qiyas is a method that returns problems to the text of the texts which are assisted by the power and intervention of reason. As a literature-based study and literature study, this study will reveal the intervention of reason in the ushul Imam Syafi'i school of thought, namely the qiyas method
MENELUSURI JEJAK MAQASHID SYARI’AH DALAM ISTINBATH HUKUM IMAM HAMBALI
No full textABSTRACTTheoretically, Maqashid Shari’ah puts forward the concepts, objectives and adaptability of Islamic law from philosophical-ideological characteristic to an actual-empirical one. The problems discussed in maqashid shari'ah are always interesting and debatable to Muslim scholars as well as comman people. Therefore, reviewing and tracing the footsteps of maqashid syari’ah in Imam Hambali’s legal method of istimbath has a strategic value in honing intellectual acuity as well as making it as a parameter in formulating new laws on various increasingly complicated and crucial contemporary issues faced by Muslims. In tracing the footsteps of maqashid shari’ah employing Sad Dzari’ah, which is the Hambali’s legal method of istimbath, it appears that flexibility, and dynamism of Islamic law rests on purposefulness (maqashid) as the essence of the law itself.Keywords: Imam Hambali, Islamic law, IstinbathMethod, Maqashid Syari’ah, Sad Dzari’a
The Implementation of Gender-Responsive Fiqh: A Study of Model Application of Women-Friendly and Child Care Village in Post-Covid-19 Pandemic
Full text linkAmid the gender-responsive movement, this study addresses issues in Islamic jurisprudence (fiqh). This is because fiqh products appear unable to address contemporary issues, particularly those affecting women and children. The frequent sexual and domestic abuse and women's slower acceleration than men are some of the issues women face today. Meanwhile, the current children in Indonesia are also experiencing various pressures due to the many problems of violence against them. Worse yet, when Indonesia encounters health problems and the severity of Covid-19, Indonesia also faces the problem of women’s and children’s welfare. To overcome this problem, the Ministry of Women's Empowerment and Child Protection (Kemen PPPA) and the Ministry of Villages, Development of Disadvantaged Regions, and Transmigration (Kemendesa PDTT) have declared a Movement to Increase Women's Involvement through Women-Friendly and Child-Care Village. After the Covid-19 emergency, this movement is one of the synergistic efforts to achieve every town's Sustainable Development Goals (SDGs). This study of Islamic law is classified as a reaction to societal issues. Focusing on literature studies, this study finds that implementing women-friendly and child-care villages represent the responsive ijtihad fiqh methodology support in developing fiqh towards gender responsiveness
STIGMA SOSIAL DAN DISKRIMINASI TERHADAP PENDERITA COVID-19: Sebuah Tinjauan Perspektif Maqashid Syari’ah
No full textAs a country affected by the spread of the corona virus (COVID-19), Indonesia is experiencing an increase in cases every day. This raises the fear for the sake of public fear of this virus increasing. The practice of this fear has led to a negative stigma to discrimination against patients and sufferers of corona (COVID-19). This Study uses a qualitative method by taking data through documentation of several online news with data analysis using content analysis. This study will reveal the phenomenon of discrimination against sufferers of COVID-19 in the perspective of maqashid shari’ah. the findings in this research show that the attitude of giving a negative stigma and discrimination against corona sufferers (COVID-19) is an attitude that is opposed to the manifestation of maslahah which is an essential value of Islamic law, namely maqashid shari’ah.
Keywords: Negative Stigma, Discrimination, COVID-19, Maqashid Shari’ah
Pre-Marriage Course Based on Religious Moderation in Sadd Al-Żarī'ah Perspective
No full textThis study intends to investigate pre-marital course practices based on religious moderation as an effort to oppose extremism. This is founded on the concept that the family is the smallest institution in a country, so it is very vital to develop a balanced attitude. The Ministry of Religious Affairs as the spearhead of this strategy has its own purpose in fulfilling this policy. One of the goals is how to genuinely avoid mafsadat early on. The concept of averting this mafsadat in the study of ushul fiqh and fiqh (Islamic law) is known as the sadd al-żarī'ah approach. This study is a literature review based on primary data from rules addressing the implementation of pre-marital courses. Meanwhile, secondary data were obtained from studies linked to the issue of this study. The content analysis method is used to derive findings. The findings in this study indicate that a pre-marital course focused on religious moderation as an effort to fight radicalism is a course model that provides training for future married couples to be moderate. Meanwhile, in the sadd al-żarī’ahperspective, a pre-marital course focused on religious moderation is a measure to prevent mafsadat
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