Pub Date : 2023-01-26DOI: 10.24090/el-aqwal.v2i1.7706
Abdul Azeez Maruf Olayemi, Anthoney Gbadebo Olagunju
Guardianship ‘Tutelae’ as a legal concept is as old as mankind. In antiquity, the communal and societal guardian is referred to as a messenger of God, prophet, priest and etc. He or she is believed to be a divine guardian that is appointed by God to lead each community or society, custodis mortalis. However, guardianship as an institution is not restricted to the communal and societal systems alone; it is also important to the family system and to the individual person when he or she is a minor or incapacitated. The institution is important to ensure that the interest of the present and future generations and the care of the people as o whole are preserved. However, the institution has positively undergone various developments in the present. Its importance and its transformations are discussed in this paper from the perspective of Shariah and Positive Laws.
{"title":"Guardianship, Its Importance and Developments: A Comparative Study Between Shariah Law and the Positive Law","authors":"Abdul Azeez Maruf Olayemi, Anthoney Gbadebo Olagunju","doi":"10.24090/el-aqwal.v2i1.7706","DOIUrl":"https://doi.org/10.24090/el-aqwal.v2i1.7706","url":null,"abstract":"Guardianship ‘Tutelae’ as a legal concept is as old as mankind. In antiquity, the communal and societal guardian is referred to as a messenger of God, prophet, priest and etc. He or she is believed to be a divine guardian that is appointed by God to lead each community or society, custodis mortalis. However, guardianship as an institution is not restricted to the communal and societal systems alone; it is also important to the family system and to the individual person when he or she is a minor or incapacitated. The institution is important to ensure that the interest of the present and future generations and the care of the people as o whole are preserved. However, the institution has positively undergone various developments in the present. Its importance and its transformations are discussed in this paper from the perspective of Shariah and Positive Laws.\u0000 ","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129434643","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 : 2023-01-19DOI: 10.24090/el-aqwal.v2i1.7648
Mega Puspita, A. Meidina
This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and women so that they get the same distribution of inheritance.
{"title":"Historicity of Islamic Inheritance Law in Indonesia and Turkey","authors":"Mega Puspita, A. Meidina","doi":"10.24090/el-aqwal.v2i1.7648","DOIUrl":"https://doi.org/10.24090/el-aqwal.v2i1.7648","url":null,"abstract":"This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and women so that they get the same distribution of inheritance.","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116990039","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 : 2023-01-11DOI: 10.24090/el-aqwal.v2i1.7637
Manswab Mahsen Abdulrahman
Umma University is Kenya's first Islamic-based university, chartered in 2019, and was founded to improve access towards quality higher education for diverse individuals, cultures and communities. Subsequently, the university received many students from different religions, communities, and cultures, some of whom have violated the dress code initiated by the university. This is the research problem. This study's main objective was to explore the causes of indecent dressing among the students as well as to enhance the culture of proper dressing in higher learning institutions in general and at Umma University in particular. The study will use both quantitative and qualitative research methods. Open-ended questions were used. In addition to that, a questionnaire will be used, involving 103 students as representative respondents. The researcher will review references and study dissertations relating to dress code. The findings show that the most prominent factor of indecent dress is "freedom of choice" (68%), followed by the negative influence by foreign cultures through social media (66%), implementing dress codes doesn’t solve genuine problems in the university (57%), peer pressure (57%), and there is no specific penalty in the dress code (51%), among others. Therefore, it is recommended to amend the student dress code in the student information handbook 2020 while creating more awareness of the dress code through the use of announcements on notice boards and other means in strategic locations across the university premises.
{"title":"The Influence of Dress Code on the Quality of Higher Education from a Sharia Critical Perspective: A Case Study of Umma University","authors":"Manswab Mahsen Abdulrahman","doi":"10.24090/el-aqwal.v2i1.7637","DOIUrl":"https://doi.org/10.24090/el-aqwal.v2i1.7637","url":null,"abstract":"Umma University is Kenya's first Islamic-based university, chartered in 2019, and was founded to improve access towards quality higher education for diverse individuals, cultures and communities. Subsequently, the university received many students from different religions, communities, and cultures, some of whom have violated the dress code initiated by the university. This is the research problem. This study's main objective was to explore the causes of indecent dressing among the students as well as to enhance the culture of proper dressing in higher learning institutions in general and at Umma University in particular. The study will use both quantitative and qualitative research methods. Open-ended questions were used. In addition to that, a questionnaire will be used, involving 103 students as representative respondents. The researcher will review references and study dissertations relating to dress code. The findings show that the most prominent factor of indecent dress is \"freedom of choice\" (68%), followed by the negative influence by foreign cultures through social media (66%), implementing dress codes doesn’t solve genuine problems in the university (57%), peer pressure (57%), and there is no specific penalty in the dress code (51%), among others. Therefore, it is recommended to amend the student dress code in the student information handbook 2020 while creating more awareness of the dress code through the use of announcements on notice boards and other means in strategic locations across the university premises. ","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132347712","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 : 2023-01-02DOI: 10.24090/el-aqwal.v2i1.7472
Muhammad Fuad Zain, Ahmad Zayyadi
This paper explores the philosophy of Islamic law and Islamic law in terms of definition, object, and implementation. The two cannot be separated in the discourse of Islamic law. By understanding the two terms, will be wise in giving the law to a problem that arose both in classical times and now. Philosophy of Islamic Law with a philosophical approach uncovers fundamental issues conceptually, methodically, systematically, radically, universally, comprehensively, and rationally. Meanwhile, the law, within the framework of Islamic norms, is formal legislation and from customs recognized by the ummah. The objects and methods of Islamic legal philosophy are to achieve benefit and the ultimate goal of Maqāsid al-Syarīʻah and are analytical, epistemological, critical, rational, and comprehensive.
{"title":"Measuring Islamic Legal Philosophy and Islamic Law: a Study of differences, typologies, and objects of study","authors":"Muhammad Fuad Zain, Ahmad Zayyadi","doi":"10.24090/el-aqwal.v2i1.7472","DOIUrl":"https://doi.org/10.24090/el-aqwal.v2i1.7472","url":null,"abstract":"This paper explores the philosophy of Islamic law and Islamic law in terms of definition, object, and implementation. The two cannot be separated in the discourse of Islamic law. By understanding the two terms, will be wise in giving the law to a problem that arose both in classical times and now. Philosophy of Islamic Law with a philosophical approach uncovers fundamental issues conceptually, methodically, systematically, radically, universally, comprehensively, and rationally. Meanwhile, the law, within the framework of Islamic norms, is formal legislation and from customs recognized by the ummah. The objects and methods of Islamic legal philosophy are to achieve benefit and the ultimate goal of Maqāsid al-Syarīʻah and are analytical, epistemological, critical, rational, and comprehensive.","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115271403","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 : 2022-11-25DOI: 10.24090/el-aqwal.v1i2.7105
Armi Agustar
This research departs from the doubts of modern society, regarding sharia as revelation and sharia as a result of thought. The progress of modern society has resulted in major changes to the mindset and lifestyle, especially the understanding of sharia as revelation and sharia as a result of thought. This type of research is qualitative descriptive, with an interdisciplinary approach and utilizes comparative, vertical, horizontal and diagonal comparative analysis methods. The purpose of this study is to explain that the difference between sharia as revelation and sharia as a result of thought and the relationship between the two. The conclusion of the notion of sharia and revelation itself and the relationship between sharia texts and others. The definition of revelation in its form is the Qur'an and Hadith, while sharia is the result of people's thoughts or understanding of the revelations that are said (mujtahid). The results of the mujtahid's thoughts on the Qur'an and Hadith are the products of thoughts such as: Tafsir, ijtihad, fiqh, judges, fatwas, jurisprudence, and codification.
{"title":"Perbedaan Syariah sebagai Wahyu dan Syariah sebagai Hasil Pemikiran pada Masyarakat Era Modernisasi","authors":"Armi Agustar","doi":"10.24090/el-aqwal.v1i2.7105","DOIUrl":"https://doi.org/10.24090/el-aqwal.v1i2.7105","url":null,"abstract":"This research departs from the doubts of modern society, regarding sharia as revelation and sharia as a result of thought. The progress of modern society has resulted in major changes to the mindset and lifestyle, especially the understanding of sharia as revelation and sharia as a result of thought. This type of research is qualitative descriptive, with an interdisciplinary approach and utilizes comparative, vertical, horizontal and diagonal comparative analysis methods. The purpose of this study is to explain that the difference between sharia as revelation and sharia as a result of thought and the relationship between the two. The conclusion of the notion of sharia and revelation itself and the relationship between sharia texts and others. The definition of revelation in its form is the Qur'an and Hadith, while sharia is the result of people's thoughts or understanding of the revelations that are said (mujtahid). The results of the mujtahid's thoughts on the Qur'an and Hadith are the products of thoughts such as: Tafsir, ijtihad, fiqh, judges, fatwas, jurisprudence, and codification.","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124406618","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 : 2022-11-24DOI: 10.24090/el-aqwal.v1i2.7101
Masdar
Indonesia, which adheres to a democratic system, holds the people’s party in the implementation of general elections (elections) which are held every five years. Each edition of the general election (election) is always characterized by the practice of “money politics”. In the development of the term money politics, the media called it “political dowry”. Political dowry is the cost incurred to cover the cost of running a political party (political party) from the grassroots to the central level. Money politics held by successful teams is considered something realistic in getting votes. The general election (election) was initially real, moving towards transactional. This cannot be separated from the behavior of the Indonesian people which continues to develop in responding to the implementation of general elections from the beginning to the end of 2019. This paper responds slightly to the practice of political dowry which continues to exist in every five-year edition. In fact, this practice can be said to have been deeply rooted and become a culture of society in gaining votes in general elections (elections). Fiqh rules are one of the tools in determining cases in Islamic law. Al-’ādatu muhakkamah is one of the five principles of fiqh. al-’ādatu muhakkamah in its concept strongly adheres to two elements, firstly the element of al-’adah (customs) that exists in society, and secondly the element of ‘urf which contains good values in society. Equipped with several branches of the rules, then the writer calls it “al-’ādatu muhakkamah frame”. Because conceptually in these rules there are several limitations that become rules that are not free in absorbing and judging from the cultures or customs that develop in society. Political dowry in Indonesia has become entrenched because this practice has been carried out for quite a long time. based on the concept of al-’adatu muhakkamah cannot be allowed meaning it is prohibited (haram). With the indication that the culture of dowry politics is not part of a culture that has ma’ruf (kindness) values even though this has been assessed by the majority of society as something normal and commonplace. Furthermore, the effect of the political dowry is the beginning (root) of the corrupt practices by the elected candidates in the future.
{"title":"Budaya Money Politic di Indonesia dalam Tinjauan Qawa'id Fiqhiyyah","authors":"Masdar","doi":"10.24090/el-aqwal.v1i2.7101","DOIUrl":"https://doi.org/10.24090/el-aqwal.v1i2.7101","url":null,"abstract":"Indonesia, which adheres to a democratic system, holds the people’s party in the implementation of general elections (elections) which are held every five years. Each edition of the general election (election) is always characterized by the practice of “money politics”. In the development of the term money politics, the media called it “political dowry”. Political dowry is the cost incurred to cover the cost of running a political party (political party) from the grassroots to the central level. Money politics held by successful teams is considered something realistic in getting votes. The general election (election) was initially real, moving towards transactional. This cannot be separated from the behavior of the Indonesian people which continues to develop in responding to the implementation of general elections from the beginning to the end of 2019. This paper responds slightly to the practice of political dowry which continues to exist in every five-year edition. In fact, this practice can be said to have been deeply rooted and become a culture of society in gaining votes in general elections (elections). Fiqh rules are one of the tools in determining cases in Islamic law. Al-’ādatu muhakkamah is one of the five principles of fiqh. al-’ādatu muhakkamah in its concept strongly adheres to two elements, firstly the element of al-’adah (customs) that exists in society, and secondly the element of ‘urf which contains good values in society. Equipped with several branches of the rules, then the writer calls it “al-’ādatu muhakkamah frame”. Because conceptually in these rules there are several limitations that become rules that are not free in absorbing and judging from the cultures or customs that develop in society. Political dowry in Indonesia has become entrenched because this practice has been carried out for quite a long time. based on the concept of al-’adatu muhakkamah cannot be allowed meaning it is prohibited (haram). With the indication that the culture of dowry politics is not part of a culture that has ma’ruf (kindness) values even though this has been assessed by the majority of society as something normal and commonplace. Furthermore, the effect of the political dowry is the beginning (root) of the corrupt practices by the elected candidates in the future.","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131990188","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 : 2022-11-22DOI: 10.24090/el-aqwal.v1i2.7089
A. Basith, M.Ariq Labib
Radicalism is a religious ideology it’s characterized is intolerant to diversity and differences that occur in religious and life state, so that it threatens the integrity and upholding of the Unitary State of NKRI. One of the causes of radicalism that can be embedded in individuals in society is because of the wrong understanding of religious teachings received from sources that cannot be accounted for. One of the efforts that can be done in the framework of the deradicalization project, and counter radicalism (anticipation of radicalism) is to instill a religious ideology that is characterized by wasathiyyah, moderate, and tolerant to diversity and differences in teachings and cultures in society. It was through strengthening the comparative madhhab courses in the PTKIN environment, especially students of the comparative madhhab study program. Based on research conducted by researchers, it turns out that there is a strengthening of comparative madhhab courses, according to the students, it is able to influence them to have a moderate paradigm, although according to some lecturers they think it is still weak, and cannot be maximized, so it needs a lot of curriculum development, and also create a climate and culture of discussion about moderation among students on campuses
{"title":"Deradikalisasi Pemikiran Agama di lingkungan PTKIN Melalui Penguatan Mata Kuliah Perbandingan Madzhab: Studi pada Mahasiswa di UIN Prof. K.H. Saifuddin Zuhri Purwokerto dan UIN Sunan Kalijaga Yogyakarta","authors":"A. Basith, M.Ariq Labib","doi":"10.24090/el-aqwal.v1i2.7089","DOIUrl":"https://doi.org/10.24090/el-aqwal.v1i2.7089","url":null,"abstract":"Radicalism is a religious ideology it’s characterized is intolerant to diversity and differences that occur in religious and life state, so that it threatens the integrity and upholding of the Unitary State of NKRI. One of the causes of radicalism that can be embedded in individuals in society is because of the wrong understanding of religious teachings received from sources that cannot be accounted for. One of the efforts that can be done in the framework of the deradicalization project, and counter radicalism (anticipation of radicalism) is to instill a religious ideology that is characterized by wasathiyyah, moderate, and tolerant to diversity and differences in teachings and cultures in society. It was through strengthening the comparative madhhab courses in the PTKIN environment, especially students of the comparative madhhab study program. Based on research conducted by researchers, it turns out that there is a strengthening of comparative madhhab courses, according to the students, it is able to influence them to have a moderate paradigm, although according to some lecturers they think it is still weak, and cannot be maximized, so it needs a lot of curriculum development, and also create a climate and culture of discussion about moderation among students on campuses","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131132867","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 : 2022-10-25DOI: 10.24090/el-aqwal.v1i2.6934
Durotun Nafisah, K. A. Harahap
This paper examines the problems of Reproductive Health from fiqh and psycho sociological perspectives. At the end of the article, the author offers a solution to this problem. This research is literature and uses mixed theory with field studies as the sample. The research findings are that in the perspective of thoharoh fiqh, the problem is about water as a medium for purification from hadas and uncleanness, baligh, istinja’, ablution and bathing. Meanwhile, in the psycho-sociological perspective, they do not know basic knowledge about Kespro, sexual desire, shame to convey it to parents, feelings of discomfort and guilt about these desires. The solution to this problem is that Kespro is made a compulsory subject at the professional level or an integral part of the fiqh course, especially on the theme of thoharoh, it is necessary to conduct periodic studies on Kespro and or form an institution that handles the problems of Pros, namely the Adolescent Reproductive Health Information Center (PIKER).
{"title":"Problematika dan Solusi Kesehatan Reproduksi Remaja Perspektif Fikih aan Psiko-Sosiologis","authors":"Durotun Nafisah, K. A. Harahap","doi":"10.24090/el-aqwal.v1i2.6934","DOIUrl":"https://doi.org/10.24090/el-aqwal.v1i2.6934","url":null,"abstract":"This paper examines the problems of Reproductive Health from fiqh and psycho sociological perspectives. At the end of the article, the author offers a solution to this problem. This research is literature and uses mixed theory with field studies as the sample. The research findings are that in the perspective of thoharoh fiqh, the problem is about water as a medium for purification from hadas and uncleanness, baligh, istinja’, ablution and bathing. Meanwhile, in the psycho-sociological perspective, they do not know basic knowledge about Kespro, sexual desire, shame to convey it to parents, feelings of discomfort and guilt about these desires. The solution to this problem is that Kespro is made a compulsory subject at the professional level or an integral part of the fiqh course, especially on the theme of thoharoh, it is necessary to conduct periodic studies on Kespro and or form an institution that handles the problems of Pros, namely the Adolescent Reproductive Health Information Center (PIKER).","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133871275","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 : 2022-10-25DOI: 10.24090/el-aqwal.v1i2.6935
Syifaun Nada
Ash-Shiddieqy’s introduction of the term Indonesian fiqh was a compromise between Indonesian nationalism and Muslim reformism. By making Indonesian customs one of the sources of Indonesian fiqh. His conceptualization of “Indonesian fiqh”, through his immersion in classical Arabic texts and the writings of later reformers from the Middle East, and Hazairin’s emphasis on the role of particular cultural circumstances in shaping the Islamic content of Indonesian law, both show a comparable comparison. initiatives in the 1980s and 1990s. All of these writing initiatives continue to be the backdrop for legal discussion and debate among Indonesian Muslim intellectuals in the early twenty-first century. Indonesian fiqh can be interpreted as a concept of fiqh that is more locally based in Indonesia. Hasbi As-Shiddiqi and Hazairin are the two figures who initiated the Indonesian model of Fiqh, in addition to other scholars. Hasbi Hasbi was one of the reformers who offered his ideas comprehensively, starting from his concept of “Indonesian Jurisprudence”, to legal reform that includes both principles and methods. Meanwhile, Hazairin proposed the development of a new inheritance system which was interpreted and elaborated based on the scriptural perception of the Qur’an and Sunnah that it was not a patrilineal system, but a bilateral one, namely the family model
{"title":"Fikih Indonesia dalam Perspektif Pemikiran Hasbi Ash-Shidieqy dan Hazairin","authors":"Syifaun Nada","doi":"10.24090/el-aqwal.v1i2.6935","DOIUrl":"https://doi.org/10.24090/el-aqwal.v1i2.6935","url":null,"abstract":"Ash-Shiddieqy’s introduction of the term Indonesian fiqh was a compromise between Indonesian nationalism and Muslim reformism. By making Indonesian customs one of the sources of Indonesian fiqh. His conceptualization of “Indonesian fiqh”, through his immersion in classical Arabic texts and the writings of later reformers from the Middle East, and Hazairin’s emphasis on the role of particular cultural circumstances in shaping the Islamic content of Indonesian law, both show a comparable comparison. initiatives in the 1980s and 1990s. All of these writing initiatives continue to be the backdrop for legal discussion and debate among Indonesian Muslim intellectuals in the early twenty-first century. Indonesian fiqh can be interpreted as a concept of fiqh that is more locally based in Indonesia. Hasbi As-Shiddiqi and Hazairin are the two figures who initiated the Indonesian model of Fiqh, in addition to other scholars. Hasbi Hasbi was one of the reformers who offered his ideas comprehensively, starting from his concept of “Indonesian Jurisprudence”, to legal reform that includes both principles and methods. Meanwhile, Hazairin proposed the development of a new inheritance system which was interpreted and elaborated based on the scriptural perception of the Qur’an and Sunnah that it was not a patrilineal system, but a bilateral one, namely the family model","PeriodicalId":418937,"journal":{"name":"El-Aqwal : Journal of Sharia and Comparative Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129297553","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 : 2022-08-02DOI: 10.24090/el-aqwal.v1i1.6786
Mohamad Toha Umar
By definition, ijma’ sukuti means a condition when one or more mujtahids express an opinion on a problem that is widespread in the community and the other mujtahids do not respond or remain silent with that opinion. Opinions in this case can be in the form of fatwas or legal decisions. The most well-known practice of ijma’ sukuti is the legal decision imposed by Amirul Mu’minin Umar bin Khattab which punishes alcohol drinkers with 80 lashes. Originally, in the hadith it is stated that the punishment for drinking khamr is 40 lashes. Umar added that the sentence was doubled on the grounds that 40 lashes were used as punishment for drinking khamr and 40 lashes as a punishment for drinking khamr must have done something disturbing to the public because he was drunk. As for the connection with the widening of masya’irul haram places, such as in the area of pilgrimage rituals, including those carried out by Khadimul Haramain al-Sharifain at the agreement of Saudi scholars and silenced by world scholars, it is a manifestation of the methodology of ijtihad of fiqh law with the ijmak sukuti model. This article uses the ushul fiqh approach by exploring the sources of Islamic law
根据定义，ijma ' sukuti是指一个或多个穆斯林组织对一个在社区中普遍存在的问题发表意见，而其他穆斯林组织不回应或保持沉默的情况。在这种情况下，意见可以是教令或法律决定的形式。ijma ' sukuti最著名的做法是Amirul Mu ' minin Umar bin Khattab提出的法律决定，对饮酒者处以80下鞭刑。最初，在圣训中说，喝khamr的惩罚是40鞭。Umar补充说，由于40鞭鞭是对喝khamr的惩罚，而40鞭鞭是对喝khamr的惩罚，因为他喝醉了，肯定做了一些扰乱公众的事情。至于masya 'irul haram场所的扩大，例如在朝圣仪式领域，包括Khadimul Haramain al-Sharifain在沙特学者的同意下进行的朝圣仪式，世界学者对此保持沉默，这是用ijmak sukuti模式对菲格律法进行伊吉提哈德方法论的一种表现。本文通过探究伊斯兰教法的渊源，运用了伊斯兰教法的方法
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