This study seeks to examine the incorporation of Islamic and customary law into the marriage customs of the Bugis Bone community in South Sulawesi. This research is an empirical legal study employing a legal history and legal sociology methodology. The data for this study was generated from studies of relevant literature and in-depth interviews. This study suggests that syara' and ade' are integrated in the Bugis marital tradition, as evidenced by sompa or dowry, tudang penni, mappacci and mabbarazanji, mappanre tame, and assitulung-tulungan or ma'jama (helpng each other or work collaboratively). If you are referring to the study of Islamic law, then this tradition is part of al-urf, which does not contradict the Qur'an, Sunnah, or good practices, and can be adopted because it provides benefits and advantages. The diverse marriage rituals practiced by the Bugis Bone group are the consequence of the fusion of Islamic and customary law that has occurred throughout the course of the community's history. Because Islamic law, being the most essential component of Islamic teachings, cannot be divorced from society's norms, which have become living law. This fact also constitutes a scientific argument that refutes the receptie theory advanced by earlier experts. From the perspective of Islamic law, the marriage tradition of the Bugis Bone group revealed a harmonious combination of Islamic and customary law. Similarly, sociologically, this integration is able to create rules that control and help achieve harmony and mutual benefit.
{"title":"The Integration Between Syara’ and Ade’ in Marriage Tradition Bugis Bone, South Sulawesi","authors":"Mursyid Djawas, Ridhwan Ridhwan, Wafaa' Yusof, Wardana Said, Hedhri Nadhiran","doi":"10.19105/al-lhkam.v18i2.10373","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i2.10373","url":null,"abstract":"This study seeks to examine the incorporation of Islamic and customary law into the marriage customs of the Bugis Bone community in South Sulawesi. This research is an empirical legal study employing a legal history and legal sociology methodology. The data for this study was generated from studies of relevant literature and in-depth interviews. This study suggests that syara' and ade' are integrated in the Bugis marital tradition, as evidenced by sompa or dowry, tudang penni, mappacci and mabbarazanji, mappanre tame, and assitulung-tulungan or ma'jama (helpng each other or work collaboratively). If you are referring to the study of Islamic law, then this tradition is part of al-urf, which does not contradict the Qur'an, Sunnah, or good practices, and can be adopted because it provides benefits and advantages. The diverse marriage rituals practiced by the Bugis Bone group are the consequence of the fusion of Islamic and customary law that has occurred throughout the course of the community's history. Because Islamic law, being the most essential component of Islamic teachings, cannot be divorced from society's norms, which have become living law. This fact also constitutes a scientific argument that refutes the receptie theory advanced by earlier experts. From the perspective of Islamic law, the marriage tradition of the Bugis Bone group revealed a harmonious combination of Islamic and customary law. Similarly, sociologically, this integration is able to create rules that control and help achieve harmony and mutual benefit.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136185233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-15DOI: 10.19105/al-lhkam.v18i2.6187
Fajri Matahati Muhammadin, Fairuz El-Mechwar
During the post-Independence wars in Indonesia, Masyumi as the largest Islamic political party played a significant role in encouraging the Muslims to fight against the Kingdom of the Netherlands who wanted to reclaim Indonesia. Among Masyumi’s contribution to this effort was the publication of a book entitled “Djihad dan Qitaal” written by KH E. Abdoerrahman. This book serves as an Islamic guide for jihad fi sabilillah by outlining at least three things: (a) the necessity of jihad during that time in history, (b) the virtues of jihad in Islam, and (c) the principles of lawful conduct of jihad or “Islamic jus in bello”. Especially focusing on item (c) above, this research utilizes literature research and interview (obtaining secondary data) to examine the text and context of this book to see the extent of its contribution both from a historical and legal perspective. For the legal perspective, this research explores both the Islamic laws of war (fiqh al-jihad) and the International Humanitarian Law (IHL) applicable at the time around the publication of the book. It is hypothesized that Masyumi’s “Djihad dan Qitaal” not only was an essential contribution to the post-independence war efforts at the time, but that it also provides important legal resources and strengthen compliance to the Islamic laws of war and IHL.
在印尼独立后的战争中，Masyumi作为最大的伊斯兰政党，在鼓励穆斯林与想要收回印尼的荷兰王国作战方面发挥了重要作用。Masyumi对这一努力的贡献之一是出版了一本由KH E. Abdoerrahman撰写的名为“Djihad dan Qitaal”的书。这本书至少概述了三件事，作为伊斯兰教的圣战稳定指南:(a)在历史上那段时间圣战的必要性，(b)伊斯兰教圣战的美德，以及(c)圣战合法行为的原则或“伊斯兰战争中的正义”。特别关注上述(c)项，本研究利用文献研究和访谈(获得二手数据)来检查本书的文本和背景，从历史和法律的角度来看其贡献的程度。从法律角度来看，本研究探讨了本书出版前后适用的伊斯兰战争法(fiqh al-jihad)和国际人道法(IHL)。据推测，Masyumi的《Djihad dan Qitaal》不仅对当时独立后的战争努力作出了重要贡献，而且还提供了重要的法律资源，并加强了对伊斯兰战争法和国际人道法的遵守。
{"title":"The Role of Masyumi's Book \"Djihad dan Qitaal\" in Indonesia's Post-Independence War Efforts: A Historical and Legal Appraisal of Islamic Jus in Bello","authors":"Fajri Matahati Muhammadin, Fairuz El-Mechwar","doi":"10.19105/al-lhkam.v18i2.6187","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i2.6187","url":null,"abstract":"During the post-Independence wars in Indonesia, Masyumi as the largest Islamic political party played a significant role in encouraging the Muslims to fight against the Kingdom of the Netherlands who wanted to reclaim Indonesia. Among Masyumi’s contribution to this effort was the publication of a book entitled “Djihad dan Qitaal” written by KH E. Abdoerrahman. This book serves as an Islamic guide for jihad fi sabilillah by outlining at least three things: (a) the necessity of jihad during that time in history, (b) the virtues of jihad in Islam, and (c) the principles of lawful conduct of jihad or “Islamic jus in bello”. Especially focusing on item (c) above, this research utilizes literature research and interview (obtaining secondary data) to examine the text and context of this book to see the extent of its contribution both from a historical and legal perspective. For the legal perspective, this research explores both the Islamic laws of war (fiqh al-jihad) and the International Humanitarian Law (IHL) applicable at the time around the publication of the book. It is hypothesized that Masyumi’s “Djihad dan Qitaal” not only was an essential contribution to the post-independence war efforts at the time, but that it also provides important legal resources and strengthen compliance to the Islamic laws of war and IHL.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136185229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-04DOI: 10.37680/almanhaj.v5i1.2918
Aisy Salwa Daulay, I. Imsar, Rahmat Daim Harahap
Pasar digital di Indonesia mengalami perkembangan yang cukup signifikan. Perkembangan tersebut dimanfaatkan oleh masyarakat Indonesia yang bermayoritas memeluk agama islam. Menerapkan pola hidup halal adalah hak setiap muslim dalam melakukan jual beli. Pasar digital menyesuaikan dengan pola hidup masyarakat Indonesia, dengan cara menghadirkan fitur halal. Namun industri halal di Indonesia memiliki perbedaan perkembangan antar sektor, hal ini membuat penulis tertarik untuk mengangkat penelitian terkait perkembangan industri fashion halal yang cukup berkembang dibanding sektor lainnya. Dilaksanakannya penelitian ini untuk mengetahui strategi pengembangan pasar seperti apa yang tepat dalam mendukung industri fashion halal di Indonesia. Penelitian ini menggunakan pendekatan kualitatif dengan menggunakan analisis SWOT untuk mengetahui kekuatan, kelemahan, peluang dan ancaman pasar. Analisis dilihat dari matrik IFE dan EFE yang diperoleh dari informan yang merupakan penjual produk fashion halal di pasar digital. Hasil penelitian menunjukkan bahwa strategi agresif adalah staregi yang tepat dalam mendukung fashion halal untuk terus memaksimalkan kekuatan serta peluang yang ada. Dengan banyaknya jumlah masyarakat muslim di Indonesia, maka pasar digital dapat memanfaatkan teknologi yang berkembang sehingga halal e-commerce dapat menjadi upaya dalam mendorong pengembangan industri fashion halal di Indonesia.
{"title":"Strategi Pengembangan Pasar Digital dalam Mendukung Industri Fashion Halal Di Indonesia","authors":"Aisy Salwa Daulay, I. Imsar, Rahmat Daim Harahap","doi":"10.37680/almanhaj.v5i1.2918","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2918","url":null,"abstract":"Pasar digital di Indonesia mengalami perkembangan yang cukup signifikan. Perkembangan tersebut dimanfaatkan oleh masyarakat Indonesia yang bermayoritas memeluk agama islam. Menerapkan pola hidup halal adalah hak setiap muslim dalam melakukan jual beli. Pasar digital menyesuaikan dengan pola hidup masyarakat Indonesia, dengan cara menghadirkan fitur halal. Namun industri halal di Indonesia memiliki perbedaan perkembangan antar sektor, hal ini membuat penulis tertarik untuk mengangkat penelitian terkait perkembangan industri fashion halal yang cukup berkembang dibanding sektor lainnya. Dilaksanakannya penelitian ini untuk mengetahui strategi pengembangan pasar seperti apa yang tepat dalam mendukung industri fashion halal di Indonesia. Penelitian ini menggunakan pendekatan kualitatif dengan menggunakan analisis SWOT untuk mengetahui kekuatan, kelemahan, peluang dan ancaman pasar. Analisis dilihat dari matrik IFE dan EFE yang diperoleh dari informan yang merupakan penjual produk fashion halal di pasar digital. Hasil penelitian menunjukkan bahwa strategi agresif adalah staregi yang tepat dalam mendukung fashion halal untuk terus memaksimalkan kekuatan serta peluang yang ada. Dengan banyaknya jumlah masyarakat muslim di Indonesia, maka pasar digital dapat memanfaatkan teknologi yang berkembang sehingga halal e-commerce dapat menjadi upaya dalam mendorong pengembangan industri fashion halal di Indonesia.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"97 12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87700820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-04DOI: 10.37680/almanhaj.v5i1.2735
Kamilul Ihsan
This study aims to conduct a juridical review of foreign investment opportunities in the reinsurance business in Indonesia. Reinsurance is a type of insurance that is carried out by insurance companies to protect themselves from risks of significant losses. Indonesia, as a developing country with a rapidly growing insurance industry, has great potential to attract foreign investment in the reinsurance industry. This study uses normative juridical research methods by analyzing laws and policies related to foreign investment in the reinsurance industry in Indonesia. The results show that although the opportunities for foreign investment in the reinsurance industry in Indonesia are significant, there are still several obstacles that need to be overcome, such as complex regulations and intense competition with domestic reinsurance companies. This study is expected to contribute to relevant stakeholders in developing the reinsurance industry in Indonesia through more effective and efficient foreign investment.
{"title":"Juridical Review of Foreign Investment Opportunities in Reinsurance Business in Indonesia","authors":"Kamilul Ihsan","doi":"10.37680/almanhaj.v5i1.2735","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2735","url":null,"abstract":"This study aims to conduct a juridical review of foreign investment opportunities in the reinsurance business in Indonesia. Reinsurance is a type of insurance that is carried out by insurance companies to protect themselves from risks of significant losses. Indonesia, as a developing country with a rapidly growing insurance industry, has great potential to attract foreign investment in the reinsurance industry. This study uses normative juridical research methods by analyzing laws and policies related to foreign investment in the reinsurance industry in Indonesia. The results show that although the opportunities for foreign investment in the reinsurance industry in Indonesia are significant, there are still several obstacles that need to be overcome, such as complex regulations and intense competition with domestic reinsurance companies. This study is expected to contribute to relevant stakeholders in developing the reinsurance industry in Indonesia through more effective and efficient foreign investment.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78558050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-04DOI: 10.37680/almanhaj.v5i1.2874
Salsabila Putri Paramadani
The dissolution of a limited liability company is also very dependent on the actions of the GMS which is the highest organ in a limited liability company in making company decisions that will determine the directors in taking the direction of company policy in dissolving the company, this is because the directors are still bound and bear legal consequences if the mechanism for dissolving the company is carried out in an incorrect manner and violates the provisions of the law. The problem in this study is related to the company that does not have assets at the time of dissolution and compared with the legal rules of dissolution of the company in Indonesia with those in Malaysia. The method in this research is normative juridical. The results of this study indicate that there are some similarities and differences in the process of dissolution of a limited liability company according to legal provisions in Indonesia and Malaysia which are ASEAN countries, this is because the legal system used by Indonesia adheres to the civil law legal system, while Malaysia is common law.
{"title":"Tinjauan Hukum Pembubaran Perseroan Terbatas Atas Keputusan Rapat Umum Pemegang Saham (RUPS) Sesuai dengan Aturan Hukum Indonesia dan Malaysia","authors":"Salsabila Putri Paramadani","doi":"10.37680/almanhaj.v5i1.2874","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2874","url":null,"abstract":"The dissolution of a limited liability company is also very dependent on the actions of the GMS which is the highest organ in a limited liability company in making company decisions that will determine the directors in taking the direction of company policy in dissolving the company, this is because the directors are still bound and bear legal consequences if the mechanism for dissolving the company is carried out in an incorrect manner and violates the provisions of the law. The problem in this study is related to the company that does not have assets at the time of dissolution and compared with the legal rules of dissolution of the company in Indonesia with those in Malaysia. The method in this research is normative juridical. The results of this study indicate that there are some similarities and differences in the process of dissolution of a limited liability company according to legal provisions in Indonesia and Malaysia which are ASEAN countries, this is because the legal system used by Indonesia adheres to the civil law legal system, while Malaysia is common law.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"54 5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79551462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01DOI: 10.37680/almanhaj.v5i1.2840
H. Setiawan, Faissal Malik, Anshar Anshar
This research aims to analyze the optimization and effectiveness of imposing additional fines as a substitute for imprisonment in relation to the execution of judgments in North Maluku in 2021, specifically focusing on corruption offenses that harm the state finances. The study employs an empirical legal research approach, utilizing empirical data obtained from interviews and direct observations of human behavior. Three approaches are utilized in this research: legal, conceptual, and case-based approaches. The research findings indicate that the imposition of additional fines as a substitute for imprisonment in corruption cases that harm state finances is still not optimal. Out of the seven cases examined, only two cases resulted in the restitution of the state's financial losses. Furthermore, the research highlights the failure to achieve legal effectiveness due to the insufficient restitution of state financial losses resulting from the availability of the alternative option of imprisonment as a substitute for the additional fines.
{"title":"Optimization of the Imposition of Additional Compensation Penalties for Corruption Crimes that Harm State Finances Due to the Alternative Choice of Imprisonment as a Substitute (Study of Decision Execution in North Maluku in 2021)","authors":"H. Setiawan, Faissal Malik, Anshar Anshar","doi":"10.37680/almanhaj.v5i1.2840","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2840","url":null,"abstract":"This research aims to analyze the optimization and effectiveness of imposing additional fines as a substitute for imprisonment in relation to the execution of judgments in North Maluku in 2021, specifically focusing on corruption offenses that harm the state finances. The study employs an empirical legal research approach, utilizing empirical data obtained from interviews and direct observations of human behavior. Three approaches are utilized in this research: legal, conceptual, and case-based approaches. The research findings indicate that the imposition of additional fines as a substitute for imprisonment in corruption cases that harm state finances is still not optimal. Out of the seven cases examined, only two cases resulted in the restitution of the state's financial losses. Furthermore, the research highlights the failure to achieve legal effectiveness due to the insufficient restitution of state financial losses resulting from the availability of the alternative option of imprisonment as a substitute for the additional fines.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81202482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01DOI: 10.37680/almanhaj.v5i1.2989
Muhammad Arif, Faisal Abdaud, Huzaiman Huzaiman
Forensics is a science that has a crucial role in the judicial process through examination and collection of physical evidence found at crime scenes. The involvement of forensic experts at crime scenes usually occurs in significant cases, where they are only called upon request from the authorities. This study aims to study the role of forensic medicine in helping investigators find material truth in murder cases, as well as identify possible obstacles. Through a library legal research and descriptive approach, secondary data such as legal documents and literature are analyzed to provide a clear and detailed picture of role of forensic science in assisting investigators in finding the material truth in murder cases and asserting the obstacle of it. The results showed that forensic medicine has a crucial role in uncovering material truths and providing legitimate evidence in murder cases. However, lack of coordination between law enforcement officials and forensic doctors can be an obstacle. Therefore, good cooperation and coordination between law enforcement officials and forensic doctors is the key to success in handling this case. The principle of justice must be upheld in the investigation process.
{"title":"The Role of Forensic Science in Proving Murder Cases at the Investigation Stage","authors":"Muhammad Arif, Faisal Abdaud, Huzaiman Huzaiman","doi":"10.37680/almanhaj.v5i1.2989","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2989","url":null,"abstract":"Forensics is a science that has a crucial role in the judicial process through examination and collection of physical evidence found at crime scenes. The involvement of forensic experts at crime scenes usually occurs in significant cases, where they are only called upon request from the authorities. This study aims to study the role of forensic medicine in helping investigators find material truth in murder cases, as well as identify possible obstacles. Through a library legal research and descriptive approach, secondary data such as legal documents and literature are analyzed to provide a clear and detailed picture of role of forensic science in assisting investigators in finding the material truth in murder cases and asserting the obstacle of it. The results showed that forensic medicine has a crucial role in uncovering material truths and providing legitimate evidence in murder cases. However, lack of coordination between law enforcement officials and forensic doctors can be an obstacle. Therefore, good cooperation and coordination between law enforcement officials and forensic doctors is the key to success in handling this case. The principle of justice must be upheld in the investigation process.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"85 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90048976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aimed to analyze the perspective of Kiyahî Shâlih Darat in integrating fiqh and Sufism which are generally considered different from one another. Fiqh tends to illustrate the outward side in deriving legal rulings from the Qur’an and Sunnah, while Sufism tends to refer to the inner side in applying the teachings. The integration between both is deemed necessary to balance the internal and external dimensions of Muslim life, as they are an inseparable unit. This research is a qualitative library one with the data collected from the books of Kiyahî Shâlih Darat and research on his ideas. It is furthermore a study that attempts to analyze the contents of Kiyahî Shâlih Dârât’s thought objectively and scientifically to find its meanings and values. The results showed that the Kiyahî Shâlih Darat mastered various disciplines ranging from fiqh, Sufism, tafseer to hadith. His thought reflects the manifestation of a perfect religious intellectual spirit. He interpreted the Islamic teaching and its ritual practices in the context of carrying out the integration between fiqh which emphasized the outward aspects and sufism which focused on the inner ones. According to him, Muslims who only rely on one of both and ignore another cannot be considered perfect Muslims because Islam does not only give attention to external things but also internal ones. Likewise, Islam not only regulates the soul but also takes care of physical matters. Fiqh without Sufism, as he mentioned, will be empty, while Sufism without fiqh will be futile so real Islam is a combination between both.
{"title":"Al-Takâmul wa al-Tawfîq bayna al-Fiqh wa al-Tasawwuf: Wijhah Nazhar Kiyahî Muhammad Shâlih Darat al-Samarânî fi Taqaddum al-Fikr al-Dinî fî Indûnîsiyâ","authors":"Abdurrohman Kasdi, None Umma Farida, None Fauzan Adim","doi":"10.19105/al-lhkam.v18i1.7266","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.7266","url":null,"abstract":"This article aimed to analyze the perspective of Kiyahî Shâlih Darat in integrating fiqh and Sufism which are generally considered different from one another. Fiqh tends to illustrate the outward side in deriving legal rulings from the Qur’an and Sunnah, while Sufism tends to refer to the inner side in applying the teachings. The integration between both is deemed necessary to balance the internal and external dimensions of Muslim life, as they are an inseparable unit. This research is a qualitative library one with the data collected from the books of Kiyahî Shâlih Darat and research on his ideas. It is furthermore a study that attempts to analyze the contents of Kiyahî Shâlih Dârât’s thought objectively and scientifically to find its meanings and values. The results showed that the Kiyahî Shâlih Darat mastered various disciplines ranging from fiqh, Sufism, tafseer to hadith. His thought reflects the manifestation of a perfect religious intellectual spirit. He interpreted the Islamic teaching and its ritual practices in the context of carrying out the integration between fiqh which emphasized the outward aspects and sufism which focused on the inner ones. According to him, Muslims who only rely on one of both and ignore another cannot be considered perfect Muslims because Islam does not only give attention to external things but also internal ones. Likewise, Islam not only regulates the soul but also takes care of physical matters. Fiqh without Sufism, as he mentioned, will be empty, while Sufism without fiqh will be futile so real Islam is a combination between both.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136364128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.19105/al-lhkam.v18i1.7403
Hariyanto, Hanif Fudin, M. Fauzan, K. Pamuji, T. Sudrajat
Law Number 13 of the Year 2012 on Yogyakarta Special Region’s privileges containing a legal affirmative democracy system leads to the weakening of democracy and has implications for non-substantive democracy. It furthermore reflects the normative ambiguity of the democratic system which legitimizes Yogyakarta’s privileged affairs. Therefore, this research aims to analyze Yogyakarta’s privileged affairs based on Islamic Law Eclecticism by reconstructing the democratic system in Law Number 13. Using the normative-doctrinal method accompanied by statutory and conceptual approaches, this research used the content analysis method and legal descriptive techniques. This research shows that the democratic system of DIY is crystallized and simultaneously presented in the form of the Trilogy of Yogyakarta Democratic Principles. Those consist of ngencengke oyot, ngencengke pang, and njagani godhong lan kembang. Based on this, the reconstruction of the democratic system of Yogyakarta’s privilege affairs leads to communal democracy as a form of revitalizing its privilege affairs. Besides, that trilogy, based on Islamic Law Eclecticisms, refers to the interconnection of maqâṣid al-syarī’ah cum-rechtsidee and al-‘urf. The reconstruction of the democratic system in Law Number 13 potentially revitalizes Yogyakarta’s privileged affairs by making local wisdom its core value.
2012年关于日惹特区特权的第13号法律载有法律上肯定的民主制度，导致民主的削弱，并对非实质性民主产生影响。它还反映了使日惹的特权事务合法化的民主制度在规范上的模糊性。因此，本研究旨在通过重建第13号法中的民主制度，分析基于伊斯兰法折衷主义的日惹特权事务。本研究采用规范-理论方法，辅之以法定和概念方法，运用内容分析法和法律描述技术。本研究表明，DIY民主制度以日惹民主原则三部曲的形式具体化并同步呈现。它们包括ngencengke yoot, ngencengke pang和njagani godhong lan kembang。在此基础上，日惹特权事务民主制度的重建导致了作为振兴其特权事务形式的社区民主。此外，该三部曲以伊斯兰律折衷主义为基础，指的是maqâṣid al-syar ' ah cumr - rechsidee和al- urf的相互联系。第13条法律中民主制度的重建通过将地方智慧作为核心价值，有可能使日惹的特权事务重新焕发活力。
{"title":"The Communal Democracy of Yogyakarta Special Region’s Government on the Islamic Law Eclecticism Perspective","authors":"Hariyanto, Hanif Fudin, M. Fauzan, K. Pamuji, T. Sudrajat","doi":"10.19105/al-lhkam.v18i1.7403","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.7403","url":null,"abstract":"Law Number 13 of the Year 2012 on Yogyakarta Special Region’s privileges containing a legal affirmative democracy system leads to the weakening of democracy and has implications for non-substantive democracy. It furthermore reflects the normative ambiguity of the democratic system which legitimizes Yogyakarta’s privileged affairs. Therefore, this research aims to analyze Yogyakarta’s privileged affairs based on Islamic Law Eclecticism by reconstructing the democratic system in Law Number 13. Using the normative-doctrinal method accompanied by statutory and conceptual approaches, this research used the content analysis method and legal descriptive techniques. This research shows that the democratic system of DIY is crystallized and simultaneously presented in the form of the Trilogy of Yogyakarta Democratic Principles. Those consist of ngencengke oyot, ngencengke pang, and njagani godhong lan kembang. Based on this, the reconstruction of the democratic system of Yogyakarta’s privilege affairs leads to communal democracy as a form of revitalizing its privilege affairs. Besides, that trilogy, based on Islamic Law Eclecticisms, refers to the interconnection of maqâṣid al-syarī’ah cum-rechtsidee and al-‘urf. The reconstruction of the democratic system in Law Number 13 potentially revitalizes Yogyakarta’s privileged affairs by making local wisdom its core value.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79474890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.19105/al-lhkam.v18i1.8207
Zainuddin, Jusalim Sammak, Salle
The purpose of this research is to explore Patuntung belief among Ammatoa Kajang community and analyze the encounter between the belief and Islamic teaching. It relies on both primary and secondary data. Primary data was obtained through in-depth interviews and on-site observation. We interviewed ten key informants: four traditional leaders, three religious’ leaders, and three community leaders, while the observation was during July-September 2022. The secondary data was from literature exploration. The results of this study show that the Patuntung is the traditional belief of Ammatoa Kajang Community which has been still preserved today with its whole distinctive and unique features. Additionally, there also occurred encounter between Patuntung and Islamic belief as clear in the internalization of five Islamic pillars in Patuntung teachings. Quite different from those five which accentuate physical behaviors, Patuntung teaching stresses more on heartily intention and this makes the physical differences between the two inevitable.
{"title":"Patuntung: The Encounter of Local Culture and Islamic Sharia in the Ammatoa Kajang Community","authors":"Zainuddin, Jusalim Sammak, Salle","doi":"10.19105/al-lhkam.v18i1.8207","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.8207","url":null,"abstract":"The purpose of this research is to explore Patuntung belief among Ammatoa Kajang community and analyze the encounter between the belief and Islamic teaching. It relies on both primary and secondary data. Primary data was obtained through in-depth interviews and on-site observation. We interviewed ten key informants: four traditional leaders, three religious’ leaders, and three community leaders, while the observation was during July-September 2022. The secondary data was from literature exploration. The results of this study show that the Patuntung is the traditional belief of Ammatoa Kajang Community which has been still preserved today with its whole distinctive and unique features. Additionally, there also occurred encounter between Patuntung and Islamic belief as clear in the internalization of five Islamic pillars in Patuntung teachings. Quite different from those five which accentuate physical behaviors, Patuntung teaching stresses more on heartily intention and this makes the physical differences between the two inevitable.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"79 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90571567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：