Pub Date : 2020-07-28DOI: 10.24260/AL-MASLAHAH.V16I1.1783
Faiq Tobroni
This paper aims to use human rights principles to reconsider nusyūz's arrangements in the Compilation of Islamic Law in Indonesian. This goal will be achieved by answering two questions, namely: what are the problems arising from the regulation of nusyūz? and why does the regulation need to be reviewed? This study uses a qualitative research method with a literature approach. Data obtained through documentation. This study found that the Compilation of Islamic Law actually narrowed the adoption of nusyūz only to wives, resulting in unequal relations which is gender biased. Shar'i arguments to expand the enactment of nusyūz can be obtained through a combination of An-Nisa 'Verses 34 and 128. In addition, it can be felt as a special paradigm of equality according to the human rights principles brought under Law 1/1974 and Law 32/2004. The concept of nusyūz which only applies to wives alone is a denial of the principle of equality in the concept of human rights, and also has weaknesses when juxtaposed with the concept of equality of husband and wife relations (Law 1/1974) and the concept of criminal liability that applies to both when doing violence (Law 32/2004).
{"title":"NUSYŪZ DALAM TINJAUAN PRINSIP HAM","authors":"Faiq Tobroni","doi":"10.24260/AL-MASLAHAH.V16I1.1783","DOIUrl":"https://doi.org/10.24260/AL-MASLAHAH.V16I1.1783","url":null,"abstract":"This paper aims to use human rights principles to reconsider nusyūz's arrangements in the Compilation of Islamic Law in Indonesian. This goal will be achieved by answering two questions, namely: what are the problems arising from the regulation of nusyūz? and why does the regulation need to be reviewed? This study uses a qualitative research method with a literature approach. Data obtained through documentation. This study found that the Compilation of Islamic Law actually narrowed the adoption of nusyūz only to wives, resulting in unequal relations which is gender biased. Shar'i arguments to expand the enactment of nusyūz can be obtained through a combination of An-Nisa 'Verses 34 and 128. In addition, it can be felt as a special paradigm of equality according to the human rights principles brought under Law 1/1974 and Law 32/2004. The concept of nusyūz which only applies to wives alone is a denial of the principle of equality in the concept of human rights, and also has weaknesses when juxtaposed with the concept of equality of husband and wife relations (Law 1/1974) and the concept of criminal liability that applies to both when doing violence (Law 32/2004).","PeriodicalId":345155,"journal":{"name":"Al-Maslahah : Jurnal Ilmu Syariah","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115618946","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 : 2020-06-26DOI: 10.24260/AL-MASLAHAH.V16I1.1500
Rusdi Sulaiman
This paper aims to recognize the characteristics of the source of islamic law as represented by muhammadiyah fatwas, NU and MUI. Based on data analyzed with the method of content analysis, this paper concludes that textuality, which has long been pinned to Islamic jurists, is the main characteristic of the source of islamic law of the three fatwa institutions. In the Qur'an and hadith, NU prioritizes textuality as understood by the scholars of the Shafi'i School, while Muhammadiyah prioritizes the makbulah-an hadith. In the use of reason (ra'yu), the characteristics of the source of Islamic law of the three institutions are collectivity (collective ijtihad and scientific authority (professionalism). The main characteristic of the material source of Islamic law of the three institutions is good. Social beliefs and/or social customs ('urf) are characteristic of the material sources of Islamic law identified in Muhammadiyah and NU Fatwas, while subjugation to official authorities is identified in NU and MUI Fatwas, or subjugation via 'urf qanuni ("positive law") in Muhammadiyah Fatwas.
本文旨在认识以穆罕默德法特瓦、NU和MUI为代表的伊斯兰教法渊源的特点。本文运用内容分析法对资料进行分析，认为长期以来被伊斯兰法学家所认定的文本性是三大法特瓦机构伊斯兰教法渊源的主要特征。在古兰经和圣训中，如沙菲派学者所理解的那样，NU优先考虑文本性，而穆罕默德迪亚则优先考虑makbulah- and hadith。在运用理性(ra’yu)上，伊斯兰法的三个机构的渊源特征是集体性(集体伊智提哈德)和科学权威(专业主义)。三大机构的伊斯兰教法物质来源的主要特点是良好的。社会信仰和/或社会习俗(urf)是《穆罕默德法特瓦》和《伊斯兰教法特瓦》中确定的伊斯兰教法的物质来源的特征，而《穆罕默德法特瓦》和《伊斯兰教法特瓦》中确定了对官方权威的服从，或者《穆罕默德法特瓦》中确定了通过“urf qanuni”(“成文法”)的服从。
{"title":"KARAKTERISTIK SUMBER FORMIL DAN MATERIL HUKUM ISLAM DI INDONESIA","authors":"Rusdi Sulaiman","doi":"10.24260/AL-MASLAHAH.V16I1.1500","DOIUrl":"https://doi.org/10.24260/AL-MASLAHAH.V16I1.1500","url":null,"abstract":"This paper aims to recognize the characteristics of the source of islamic law as represented by muhammadiyah fatwas, NU and MUI. Based on data analyzed with the method of content analysis, this paper concludes that textuality, which has long been pinned to Islamic jurists, is the main characteristic of the source of islamic law of the three fatwa institutions. In the Qur'an and hadith, NU prioritizes textuality as understood by the scholars of the Shafi'i School, while Muhammadiyah prioritizes the makbulah-an hadith. In the use of reason (ra'yu), the characteristics of the source of Islamic law of the three institutions are collectivity (collective ijtihad and scientific authority (professionalism). The main characteristic of the material source of Islamic law of the three institutions is good. Social beliefs and/or social customs ('urf) are characteristic of the material sources of Islamic law identified in Muhammadiyah and NU Fatwas, while subjugation to official authorities is identified in NU and MUI Fatwas, or subjugation via 'urf qanuni (\"positive law\") in Muhammadiyah Fatwas.","PeriodicalId":345155,"journal":{"name":"Al-Maslahah : Jurnal Ilmu Syariah","volume":"220 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132417190","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 : 2020-06-17DOI: 10.24260/AL-MASLAHAH.V16I1.1690
Muhammad Zikrurrahman
Abstract Facing the qibla direction is one of the requirements of performing prayer, and therefore of course it must be made as accurate as possible in the direction of the Kaaba. Darunna’im Mosque is the center of religious worship services for students in the Darunna’im Islamic Boarding School in Pontianak. From the search results using the Google Earth application, the researcher found inaccuracy of the direction of the mosque building from what i should be which is 292° 44’ 56” while the direction of the mosque building qibla is 281° 50’ 00” so there is a deviation of 10° 54’ 56”. From the above background, the researcher felt the need to explore further the direction of the mosque’s qibla with the focus of research namely on the methods carried out in deternmining the direction of the Darunna’im mosque’s qibla and accuracy of the direction of the mosque by using several methods of determining the qibla direction (Qibla with Theodolite, Compass and Rashdul qibla). This study uses a descriptive method with a qualitative approach, and techniques of interview, direct observation, and field measurements. Data were obtained as material for analysis. After the analysis was done, than the researcher drew conclusions and provided suggestions. From the result of the analysis of the data that the researcher got in the field, it can be concluded that the direction of the Darunna’im Mosque was deviated. The measurementsof the mosque’s qibla direction using Google Earth shows the direction of 292° 44’ 56” while the direction of the mosque is 281° 50’ 00”, a deviation of 10° 54’ 56” occurs. Then using theodolite on May 28, 2019 at 16:19 WIB showing the direction of 0° 1’ 16.62” while the direction of the Mosque is 349° 07’ 32.76”, then a deviation of 10° 53’ 43.86” occurs. Then on July 16 using theodolite , it showed the direction 0° 1’ 28.76” while the direction of the Mosque is 349° 07’ 44.9”, then there is a deviation of 10° 53’ 43.86”. Then when the Rashdul Qibla was used on May 28, 2019, it showed at 16:17 WIB. Then at the time of Rashdul Qibla on July 16, it showed the qibla direction at 16:26 WIB. Then using Compass, it showed the direction 292° 44’ 56.21” while the direction of the mosque is 281° 50’ 00”, so a deviation of 10° 54’ 56.21” occurs. Keywords: Qibla Direction, Accuracy, and Darunna’im Mosque.
{"title":"METODE PENENTUAN ARAH KIBLAT MASJID DARUNNA'IM KOTA PONTIANAK","authors":"Muhammad Zikrurrahman","doi":"10.24260/AL-MASLAHAH.V16I1.1690","DOIUrl":"https://doi.org/10.24260/AL-MASLAHAH.V16I1.1690","url":null,"abstract":"Abstract \u0000Facing the qibla direction is one of the requirements of performing prayer, and therefore of course it must be made as accurate as possible in the direction of the Kaaba. Darunna’im Mosque is the center of religious worship services for students in the Darunna’im Islamic Boarding School in Pontianak. From the search results using the Google Earth application, the researcher found inaccuracy of the direction of the mosque building from what i should be which is 292° 44’ 56” while the direction of the mosque building qibla is 281° 50’ 00” so there is a deviation of 10° 54’ 56”. From the above background, the researcher felt the need to explore further the direction of the mosque’s qibla with the focus of research namely on the methods carried out in deternmining the direction of the Darunna’im mosque’s qibla and accuracy of the direction of the mosque by using several methods of determining the qibla direction (Qibla with Theodolite, Compass and Rashdul qibla). This study uses a descriptive method with a qualitative approach, and techniques of interview, direct observation, and field measurements. Data were obtained as material for analysis. After the analysis was done, than the researcher drew conclusions and provided suggestions. From the result of the analysis of the data that the researcher got in the field, it can be concluded that the direction of the Darunna’im Mosque was deviated. The measurementsof the mosque’s qibla direction using Google Earth shows the direction of 292° 44’ 56” while the direction of the mosque is 281° 50’ 00”, a deviation of 10° 54’ 56” occurs. Then using theodolite on May 28, 2019 at 16:19 WIB showing the direction of 0° 1’ 16.62” while the direction of the Mosque is 349° 07’ 32.76”, then a deviation of 10° 53’ 43.86” occurs. Then on July 16 using theodolite , it showed the direction 0° 1’ 28.76” while the direction of the Mosque is 349° 07’ 44.9”, then there is a deviation of 10° 53’ 43.86”. Then when the Rashdul Qibla was used on May 28, 2019, it showed at 16:17 WIB. Then at the time of Rashdul Qibla on July 16, it showed the qibla direction at 16:26 WIB. Then using Compass, it showed the direction 292° 44’ 56.21” while the direction of the mosque is 281° 50’ 00”, so a deviation of 10° 54’ 56.21” occurs. \u0000 \u0000Keywords: Qibla Direction, Accuracy, and Darunna’im Mosque.","PeriodicalId":345155,"journal":{"name":"Al-Maslahah : Jurnal Ilmu Syariah","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131058431","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 : 2020-06-12DOI: 10.24260/AL-MASLAHAH.V16I1.1130
H. Muhammad
Changes in the position of the sun and the difference in places with old and long nights. There are interesting things to examine changes in the position of the sun and situation, to the differences in the beginning of world prayer time, by analyzing the schedules available at the application athan. This study sampled the methods of the Islamic Sciences of Karachi University, the method of Umm Al Qura Committee, the Egyptian General Authority of Survey method, the method of the Islamic Society of North America each of 3 (three) cities, the method of the World Muslim League 5 (five) total samples 17 city / country and sun position at 8 days. The problem studied is the large number of positions of the sun and the location of different places for the time used for various kinds of information and their use. The results showed that a significant initial number occurred when the sun's position was in the opposite direction (Sun) (June 22) and South backline (December 22), both for the disputed regions in the Northern Hemisphere or in the Southern Hemisphere and the position of the sun was more dominant compared to geographical location
{"title":"PERBEDAAN AWAL WAKTU SHALAT DUNIA: Analisis Aplikasi Athan Tinjauan Terhadap Posisi Matahari dan Letak Geografis","authors":"H. Muhammad","doi":"10.24260/AL-MASLAHAH.V16I1.1130","DOIUrl":"https://doi.org/10.24260/AL-MASLAHAH.V16I1.1130","url":null,"abstract":"Changes in the position of the sun and the difference in places with old and long nights. There are interesting things to examine changes in the position of the sun and situation, to the differences in the beginning of world prayer time, by analyzing the schedules available at the application athan. This study sampled the methods of the Islamic Sciences of Karachi University, the method of Umm Al Qura Committee, the Egyptian General Authority of Survey method, the method of the Islamic Society of North America each of 3 (three) cities, the method of the World Muslim League 5 (five) total samples 17 city / country and sun position at 8 days. The problem studied is the large number of positions of the sun and the location of different places for the time used for various kinds of information and their use. The results showed that a significant initial number occurred when the sun's position was in the opposite direction (Sun) (June 22) and South backline (December 22), both for the disputed regions in the Northern Hemisphere or in the Southern Hemisphere and the position of the sun was more dominant compared to geographical location","PeriodicalId":345155,"journal":{"name":"Al-Maslahah : Jurnal Ilmu Syariah","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122209494","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 : 2020-04-13DOI: 10.24260/AL-MASLAHAH.V16I1.1566
Y. hadziq
Islamic Shari’ah is very concerned about the realization of welfare and general benefit in the life of the nation and state. Public benefit accommodates the interests of all parties regardless of faith, class, skin color and does not contradict with Islamic law (Qur'an, hadith, ijmâ and qiyas). Maslahah 'âmmah is the benefit that leads to the principle of justice, freedom and human equality in front of law. Maslahah 'âmmah must have the principle of syûra (deliberation), Maslahah 'âmmah is determined, must go through representative institutions as the aspirations of the people, as well as for their interests, which is decided in the Law on people's representative institutions (majlis istisyâri) which the government must guide as honest executors and consequently, and there must be positive support and control over representative institutions as formulators (legislative), as law enforcing judiciary (judiciary). The implication of the difference in the concept of maslahah 'âmmah will increase the breadth of the concept or make it easier to limit and seek decisions of public interest (maslahah 'âmmah), in accordance with the times that are increasingly rotating in the midst of life. Because in essence, all of this comes down to one goal, namely the realization of benefit 'âmmah (universal goodness). Ijtihad produced by Nahdlatul Ulama, in realizing maslahah 'ammah and rejecting danger, is elastic in accordance with the times and conditions. Because the two concepts of NU and madzhâhib al-Arbâ'ah can complement or strengthen both of them, and the decisions that NU come up are stronger. Because NU in formulating maslahah 'âmmah only adds or completes it. For example, decisions must be based on the provisions of syûra (voice of government and people).
{"title":"MASLAHAH AL-MURSALAH DALAM KEHIDUPAN BERBANGSA DAN BERNEGARA (Perspektf NU dan Ulamā Mazdhāhib AL-Arbā’ah )","authors":"Y. hadziq","doi":"10.24260/AL-MASLAHAH.V16I1.1566","DOIUrl":"https://doi.org/10.24260/AL-MASLAHAH.V16I1.1566","url":null,"abstract":"Islamic Shari’ah is very concerned about the realization of welfare and general benefit in the life of the nation and state. Public benefit accommodates the interests of all parties regardless of faith, class, skin color and does not contradict with Islamic law (Qur'an, hadith, ijmâ and qiyas). Maslahah 'âmmah is the benefit that leads to the principle of justice, freedom and human equality in front of law. Maslahah 'âmmah must have the principle of syûra (deliberation), Maslahah 'âmmah is determined, must go through representative institutions as the aspirations of the people, as well as for their interests, which is decided in the Law on people's representative institutions (majlis istisyâri) which the government must guide as honest executors and consequently, and there must be positive support and control over representative institutions as formulators (legislative), as law enforcing judiciary (judiciary). The implication of the difference in the concept of maslahah 'âmmah will increase the breadth of the concept or make it easier to limit and seek decisions of public interest (maslahah 'âmmah), in accordance with the times that are increasingly rotating in the midst of life. Because in essence, all of this comes down to one goal, namely the realization of benefit 'âmmah (universal goodness). Ijtihad produced by Nahdlatul Ulama, in realizing maslahah 'ammah and rejecting danger, is elastic in accordance with the times and conditions. Because the two concepts of NU and madzhâhib al-Arbâ'ah can complement or strengthen both of them, and the decisions that NU come up are stronger. Because NU in formulating maslahah 'âmmah only adds or completes it. For example, decisions must be based on the provisions of syûra (voice of government and people).","PeriodicalId":345155,"journal":{"name":"Al-Maslahah : Jurnal Ilmu Syariah","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125375534","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}
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