Pub Date : 2022-11-30DOI: 10.30863/aldustur.v5i2.3155
Ruslan Sangaji
Abstract: The purpose of this study is to explore the prayers of the Indonesian Muslim community at various levels to deal with COVID-19. An analysis of the reasons why prayer is important at every level of society is described here. This study presents three levels of support for the prayers of the Indonesian people in dealing with COVID-19, namely the structural level, cultural level and personal level. Descriptive qualitative method is used in this study which is based on data and information sourced from online news. Data were collected, then processed, and then analyzed using a hermeneutic approach. The findings of this study show that prayer support at every level of society as a spiritual solution in dealing with the COVID-19 pandemic is a coping with religious values which is considered more important to support solutions and other ways. Concepts in Islam have taught people about the factors that cause disasters and how to respond to them. Therefore, the Indonesian people view COVID-19 as a disaster and a provision from God. At the same time it is also judged as a consequence of the consequences of human actions. Community prayer support that is carried out collectively has an impact on spiritual strengthening which affects the soul and mentality of the community. Spiritual strengthening is also determined by belief and awareness of one's religious teachings.
{"title":"COPING WITH PRAYING SUPPORTS: INDONESIAN MUSLIM RESPONSE TO THE PANDEMIC","authors":"Ruslan Sangaji","doi":"10.30863/aldustur.v5i2.3155","DOIUrl":"https://doi.org/10.30863/aldustur.v5i2.3155","url":null,"abstract":"Abstract: The purpose of this study is to explore the prayers of the Indonesian Muslim community at various levels to deal with COVID-19. An analysis of the reasons why prayer is important at every level of society is described here. This study presents three levels of support for the prayers of the Indonesian people in dealing with COVID-19, namely the structural level, cultural level and personal level. Descriptive qualitative method is used in this study which is based on data and information sourced from online news. Data were collected, then processed, and then analyzed using a hermeneutic approach. The findings of this study show that prayer support at every level of society as a spiritual solution in dealing with the COVID-19 pandemic is a coping with religious values which is considered more important to support solutions and other ways. Concepts in Islam have taught people about the factors that cause disasters and how to respond to them. Therefore, the Indonesian people view COVID-19 as a disaster and a provision from God. At the same time it is also judged as a consequence of the consequences of human actions. Community prayer support that is carried out collectively has an impact on spiritual strengthening which affects the soul and mentality of the community. Spiritual strengthening is also determined by belief and awareness of one's religious teachings.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125994049","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 : 2022-11-30DOI: 10.30863/aldustur.v5i2.2965
Muhammad Haizul Falah, Liza Umami
The Islamic Republic of Iran is a case study of the rise of Muslims inspired by the Islamic Neo-Revivalism movement which views that westernization and modernization are considered to have failed in responding to the political challenges of corruption, economic decline, social injustice, and spiritual malaise, such as the pre-Islamic period. After the success of the 1979 Iranian revolution, it was a turning point in the political and security constellations of Iran and the West which resulted in the emergence of collective inspiration from Muslims around the world for Iran's persistence in implementing theo-democracy principles which the West considered as a setback. This paper is an analytical study using a qualitative-descriptive approach. The results of this study regarding on Iran's theocracy and democracy principles, proved of the successful; a) public participation in politics; b) fulfillment of the rights of women and minorities; c) freedom of the press; d) effectiveness of general elections; e) a puralistic political party system; f) good governance .
{"title":"THE SUCCESSFUL OF THEO-DEMOCRACY IN IRAN: SPIRIT OF NEO-REVIVALISM TO BE ISLAMIC REPUBLIC ROLE MODEL","authors":"Muhammad Haizul Falah, Liza Umami","doi":"10.30863/aldustur.v5i2.2965","DOIUrl":"https://doi.org/10.30863/aldustur.v5i2.2965","url":null,"abstract":"The Islamic Republic of Iran is a case study of the rise of Muslims inspired by the Islamic Neo-Revivalism movement which views that westernization and modernization are considered to have failed in responding to the political challenges of corruption, economic decline, social injustice, and spiritual malaise, such as the pre-Islamic period. After the success of the 1979 Iranian revolution, it was a turning point in the political and security constellations of Iran and the West which resulted in the emergence of collective inspiration from Muslims around the world for Iran's persistence in implementing theo-democracy principles which the West considered as a setback. This paper is an analytical study using a qualitative-descriptive approach. The results of this study regarding on Iran's theocracy and democracy principles, proved of the successful; a) public participation in politics; b) fulfillment of the rights of women and minorities; c) freedom of the press; d) effectiveness of general elections; e) a puralistic political party system; f) good governance .","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131134285","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}
Cosmology is one of the philosophical and scientific objects that become attention in Greek philosophers, especially Aristotle. However, with the times, this cosmology was found in The Qur’an, exactly in the concept of the sky and earth creation which was written and explained by the creator Himself. Then, Islamic scholars and philosophers come up with this issue and choose it as a medium in constructing Islamic science or Islamization of Nature Knowledge that faces fundamental basic deconstruction, so it causes the epistemological flaw in modern science’s body. Seyyed Hossein Nasr, as the inspirator for sacred science, popularize cosmology as one of Islamic science based on him. Past Muslim scholar, Al-Farabi, involved cosmology in integrating Islam and knowledge before. The interesting thing that will be solved in this article is how Muslim scientist, Fakhruddin Ar-Razi interprets creation signs as the source of cosmology in Islam, which leads this toward signs for thinkers. Not only, these cosmology concepts derived from contemporary Muslim scholars and philosophers will also explain the wisdom behind the creation of nature from its microcosmic and macrocosmic not only for increasing people’s faith nor sign but one of the main concepts of Islamization Nature Knowledge, because it is derived from main Muslim guidance, namely The Qur’an Al-Karim.
{"title":"COSMOLOGY IN ISLAM, CONSTRUCTING ISLAMIZATION OF NATURE SCIENCE","authors":"Muhammad Fiqih Cholidi, Safiya Fadlulah","doi":"10.30863/jad.v5i1.2572","DOIUrl":"https://doi.org/10.30863/jad.v5i1.2572","url":null,"abstract":"Cosmology is one of the philosophical and scientific objects that become attention in Greek philosophers, especially Aristotle. However, with the times, this cosmology was found in The Qur’an, exactly in the concept of the sky and earth creation which was written and explained by the creator Himself. Then, Islamic scholars and philosophers come up with this issue and choose it as a medium in constructing Islamic science or Islamization of Nature Knowledge that faces fundamental basic deconstruction, so it causes the epistemological flaw in modern science’s body. Seyyed Hossein Nasr, as the inspirator for sacred science, popularize cosmology as one of Islamic science based on him. Past Muslim scholar, Al-Farabi, involved cosmology in integrating Islam and knowledge before. The interesting thing that will be solved in this article is how Muslim scientist, Fakhruddin Ar-Razi interprets creation signs as the source of cosmology in Islam, which leads this toward signs for thinkers. Not only, these cosmology concepts derived from contemporary Muslim scholars and philosophers will also explain the wisdom behind the creation of nature from its microcosmic and macrocosmic not only for increasing people’s faith nor sign but one of the main concepts of Islamization Nature Knowledge, because it is derived from main Muslim guidance, namely The Qur’an Al-Karim.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116964058","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 research was conducted to analyze the implementation of the law of castration from the perspective of Maqashid Syariah. In Indonesia today there are many criminal acts of rape against women and children. As an alternative punishment with castration as formulated in Law Number 70 of 2020. The method used is normative juridical research, namely research to find legal doctrines or principles, ijma’ (opinions of scholars), therefore in this study the author tries to understand the conversation about sexual deviation, especially those that discuss the application of castration sanctions against sex offenders. This research is a juridical normative research which is viewed from the perspective of Maqashid Shari'ah. In Islamic law, punishment for perpetrators of sexual crimes is given in the form of stoning and whipping. Castration punishment is not in accordance with Maqashid Shari'ah because it can damage human beings which is contrary to the hifdzun of the nafs. First, Islamic sharia has strictly prohibited castration on humans, without any difference of opinion (khilafiyah) among the fuqaha. Second, in terms of the castration method used is the injection method. Third, that which is injected is the hormone estrogen, the law is also haram, because it causes the castrated male to have physical characteristics like women. Based on the 3 reasons, it is unlawful to impose castration on perpetrators of sexual crimes.
{"title":"A CRITICAL REVIEW OF PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 70 TAHUN 2020 CONCERNING THE IMPLEMENTATION OF CASTRATION FOR SEXUAL CRIMES: IN THE PERSPECTIVES OF MAQASHID SHARIA","authors":"Luciana Anggraeni","doi":"10.30863/jad.v5i1.2344","DOIUrl":"https://doi.org/10.30863/jad.v5i1.2344","url":null,"abstract":"This research was conducted to analyze the implementation of the law of castration from the perspective of Maqashid Syariah. In Indonesia today there are many criminal acts of rape against women and children. As an alternative punishment with castration as formulated in Law Number 70 of 2020. The method used is normative juridical research, namely research to find legal doctrines or principles, ijma’ (opinions of scholars), therefore in this study the author tries to understand the conversation about sexual deviation, especially those that discuss the application of castration sanctions against sex offenders. This research is a juridical normative research which is viewed from the perspective of Maqashid Shari'ah. In Islamic law, punishment for perpetrators of sexual crimes is given in the form of stoning and whipping. Castration punishment is not in accordance with Maqashid Shari'ah because it can damage human beings which is contrary to the hifdzun of the nafs. First, Islamic sharia has strictly prohibited castration on humans, without any difference of opinion (khilafiyah) among the fuqaha. Second, in terms of the castration method used is the injection method. Third, that which is injected is the hormone estrogen, the law is also haram, because it causes the castrated male to have physical characteristics like women. Based on the 3 reasons, it is unlawful to impose castration on perpetrators of sexual crimes.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129343709","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 research aims to find out the term, the definition of business competition from the Qur'an perspective and to know the concept of business competition from the Qur'an perspective so that it can be a contribution to the treasures of Islamic economic science development and increasingly believe that the Qur'an can be a form of guidance in implementing healthy business competition for the realization of the primary purpose of Islamic law, namely the benefit of the ummah. The types of research used in this research are library research and doctrinal research by using descriptive analysis to describe the focus of the problem to be discussed objectively. The analysis method is used to obtain and find out the study of business competition from the Perspective of the Qur'an. The approach used is the theological, religious approach and conceptual approach. The conceptual approach is used concerning views and doctrines in Islamic law. The results of the study found that the terms of business competition in the Qur'an are not found in the Qur'an but can use the words قبس and قبتسا to refer to competition. While the terms of competition are found in QS. Al Baqarah (2):148, QS. Al Maidah (5):48, QS. Al Mu'minun (23):61. There are two concepts of competition for the Qur'anic perspective, first based on QS. Al Baqarah (2): 148, QS. Al Maidah (5): 48, QS. Al Mu'minun (23): 61 shows the conclusion that competing/competing is an attempt to compete positively ( تاَْْي َخْلا اوُقِبَتْساَف ) by contributing sufficiently and not getting rid of entrepreneurs / other business actors and telling entrepreneurs/business actors not to harm and endanger other businessmen/business actors; To realize healthy business competition and improve the welfare of the people, every business actor must compete to provide the best products/services for consumers regardless of whether the consumer has differences in religion, ethnicity, race, or culture with business actors. Second, the concept of business competition obliges all his people to seek sustenance from the expanse of God's gift in a halal way where the search for sustenance must be carried out based on the path of goodness for happiness and benefit of humanity. The basic principles that underlie the obligation to seek halal sustenance have been affirmed by Allah SWT in Q.S. al-Mulk: 15 and Q.S. Al Baqarah: 168.
本研究旨在从《古兰经》的角度找出商业竞争的定义，从《古兰经》的角度认识商业竞争的概念，从而为伊斯兰经济科学发展的瑰宝做出贡献，并越来越相信《古兰经》可以成为实施健康商业竞争的一种指导形式，以实现伊斯兰教法的首要目的，即全人类的利益。本研究使用的研究类型是图书馆研究和理论研究，通过描述性分析客观地描述要讨论的问题的焦点。运用分析方法，从《古兰经》的视角对商业竞争问题进行研究。所使用的方法是神学方法、宗教方法和概念方法。关于伊斯兰法的观点和教义，使用了概念方法。研究结果发现，古兰经中没有商业竞争的术语，但可以使用قبس和قبتسا这两个词来指代竞争。而竞争的条件可以在QS中找到。地球物理学报(2):148。《迈达报》(5):48。Al Mu'minun(23):61。从《古兰经》的角度来看，竞争有两个概念，第一个是基于QS。地球物理学报(2):148。《迈达报》(5):48。Al Mu'minun(23): 61给出的结论是，competing/competing是一种积极竞争的尝试(تاَْْي َخْلا اوُقِبَتْساَف)，通过充分贡献，不摆脱企业家/其他商业行为者，并告诉企业家/商业行为者不要伤害和危害其他商人/商业行为者;为了实现健康的商业竞争和改善人民的福利，每个商业行为者都必须竞争为消费者提供最好的产品/服务，而不管消费者是否与商业行为者在宗教、民族、种族或文化方面存在差异。第二，商业竞争的概念迫使他的所有人以清真的方式从上帝的广阔礼物中寻求食物，在这种方式中，寻找食物必须基于幸福和人类利益的善良之路。寻求清真食物的基本原则已经在Q.S. Al - mulk: 15和Q.S. Al Baqarah: 168中得到了真主的肯定。
{"title":"THE HOLY QURAN PERSPECTIVE OF BUSINESS COMPETITION","authors":"A. -. Pratiwi, Hasyim Aidid, M. Misbahuddin","doi":"10.30863/jad.v5i1.2388","DOIUrl":"https://doi.org/10.30863/jad.v5i1.2388","url":null,"abstract":"This research aims to find out the term, the definition of business competition from the Qur'an perspective and to know the concept of business competition from the Qur'an perspective so that it can be a contribution to the treasures of Islamic economic science development and increasingly believe that the Qur'an can be a form of guidance in implementing healthy business competition for the realization of the primary purpose of Islamic law, namely the benefit of the ummah. The types of research used in this research are library research and doctrinal research by using descriptive analysis to describe the focus of the problem to be discussed objectively. The analysis method is used to obtain and find out the study of business competition from the Perspective of the Qur'an. The approach used is the theological, religious approach and conceptual approach. The conceptual approach is used concerning views and doctrines in Islamic law. The results of the study found that the terms of business competition in the Qur'an are not found in the Qur'an but can use the words قبس and قبتسا to refer to competition. While the terms of competition are found in QS. Al Baqarah (2):148, QS. Al Maidah (5):48, QS. Al Mu'minun (23):61. There are two concepts of competition for the Qur'anic perspective, first based on QS. Al Baqarah (2): 148, QS. Al Maidah (5): 48, QS. Al Mu'minun (23): 61 shows the conclusion that competing/competing is an attempt to compete positively ( تاَْْي َخْلا اوُقِبَتْساَف ) by contributing sufficiently and not getting rid of entrepreneurs / other business actors and telling entrepreneurs/business actors not to harm and endanger other businessmen/business actors; To realize healthy business competition and improve the welfare of the people, every business actor must compete to provide the best products/services for consumers regardless of whether the consumer has differences in religion, ethnicity, race, or culture with business actors. Second, the concept of business competition obliges all his people to seek sustenance from the expanse of God's gift in a halal way where the search for sustenance must be carried out based on the path of goodness for happiness and benefit of humanity. The basic principles that underlie the obligation to seek halal sustenance have been affirmed by Allah SWT in Q.S. al-Mulk: 15 and Q.S. Al Baqarah: 168.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116811968","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}
The Research is motivated by the phenomenon of massive sirri marriage in the village of Kutorejo Kepahiang, yet the legalization rate is still few. This is contrary to the Law. This research aims to contribute to the community to understand that marriage has been regulated in the Law so that the number of marriages can be suppressed and immediately strive for legalization. This thesis is a type of field research with descriptive qualitative writing methods and a normative sociological approach with legal theory. In collecting data, the author makes observations and interviews and then describes the data further analyzed according to the Law. The research concluded that the number of Itsbat Nikah is inversely proportional to the number of sirri marriages in Kutorejo village due to the public’s lack understanding of government laws and programs. There is no absolute socialization of the village in bridging the recording of sirri marriages. The motives of the community in applying for marriage licenses vary, including ease of access to public services, legal status rights of marriage, property rights to inheritance rights so that people's views on the legalization of marriage are pursued.
{"title":"THE VALIDITY OF MARRIAGE THROUGH “ITSBAT NIKAH” ACCORDING TO THE PERSPECTIVE OF THE PEOPLE OF KUTOREJO VILLAGE, KEPAHIANG, BENGKULU REGENCY","authors":"Ainalmardhiaturrahman Ainalmardhiaturrahman","doi":"10.30863/jad.v5i1.2436","DOIUrl":"https://doi.org/10.30863/jad.v5i1.2436","url":null,"abstract":"The Research is motivated by the phenomenon of massive sirri marriage in the village of Kutorejo Kepahiang, yet the legalization rate is still few. This is contrary to the Law. This research aims to contribute to the community to understand that marriage has been regulated in the Law so that the number of marriages can be suppressed and immediately strive for legalization. This thesis is a type of field research with descriptive qualitative writing methods and a normative sociological approach with legal theory. In collecting data, the author makes observations and interviews and then describes the data further analyzed according to the Law. The research concluded that the number of Itsbat Nikah is inversely proportional to the number of sirri marriages in Kutorejo village due to the public’s lack understanding of government laws and programs. There is no absolute socialization of the village in bridging the recording of sirri marriages. The motives of the community in applying for marriage licenses vary, including ease of access to public services, legal status rights of marriage, property rights to inheritance rights so that people's views on the legalization of marriage are pursued.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130113439","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 research focused on how positive law provides legal protection against the use of personal data in Indonesia. This research aims to find out the various problems related to legal protection of the use of personal data based on human rights principles by providing benefits and guarantees of legal certainty for the public against the protection of personal data both electronically and non-electronically. This type of research is normative juridical research. Research is carried out qualitatively by relying on library research studies. The results showed that forms of abuse such as theft and the sale of personal data violate the law in information technology and can also be categorized as a violation of human rights because personal data is part of human rights that must be protected. Legal protection of personal data in Indonesia from a positive legal perspective has been realized by several regulations that regulate. Still, no one has comprehensively regulated the protection of personal data.
{"title":"LEGAL PROTECTION OF PERSONAL DATA BASED ON REGULATION IN INDONESIA","authors":"Jumriani Nawawi","doi":"10.30863/jad.v5i1.2581","DOIUrl":"https://doi.org/10.30863/jad.v5i1.2581","url":null,"abstract":"This research focused on how positive law provides legal protection against the use of personal data in Indonesia. This research aims to find out the various problems related to legal protection of the use of personal data based on human rights principles by providing benefits and guarantees of legal certainty for the public against the protection of personal data both electronically and non-electronically. This type of research is normative juridical research. Research is carried out qualitatively by relying on library research studies. The results showed that forms of abuse such as theft and the sale of personal data violate the law in information technology and can also be categorized as a violation of human rights because personal data is part of human rights that must be protected. Legal protection of personal data in Indonesia from a positive legal perspective has been realized by several regulations that regulate. Still, no one has comprehensively regulated the protection of personal data.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"187 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114002906","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}
Religious moderation is a government program that is encouraged in response to the movement of separates, independence, radicalism and terrorism. The existence of religious moderation has been pursued in various spaces as a form of internalization of moderate attitudes in state life. However, it is not impossible that religious moderation drew criticism because it is considered to moderate the Religion of Islam as something final. To urge to highlight religious moderation based on the Medina charter as an embodiment of tolerance. This study aims to describe the reflection of the Medina charter as a basis for religious moderation in managing the country and, in addition, reveal the dimensions of the Medina Charter, which is full of tolerance and moderate values. Meteorologists in this study used a literature method with the conceptual study. The approach used is a theological, historical and sociological approach, with descriptive-analytical analysis methods. The results of this study showed the construction of the Medina charter as a peace treaty and at the same time as the constitution of Medina. The Charter of Medina is referred to as the constitution because it has qualified the form and content of a constitution. The Medina Charter can be called a base of religious moderation. It can be seen from the indicators of religious moderation that they are full of the values of state unity, peace and tolerance. The rhythm of tolerance is evidence of the breath of the Medina charter inherent in religious moderation in heterogeneous cultures.
{"title":"THE REFLECTION OF MEDINA CHARTER AS A BASIS FOR RELIGIOUS MODERATION IN INDONESIA","authors":"H. Hamzah","doi":"10.30863/jad.v5i1.2601","DOIUrl":"https://doi.org/10.30863/jad.v5i1.2601","url":null,"abstract":"Religious moderation is a government program that is encouraged in response to the movement of separates, independence, radicalism and terrorism. The existence of religious moderation has been pursued in various spaces as a form of internalization of moderate attitudes in state life. However, it is not impossible that religious moderation drew criticism because it is considered to moderate the Religion of Islam as something final. To urge to highlight religious moderation based on the Medina charter as an embodiment of tolerance. This study aims to describe the reflection of the Medina charter as a basis for religious moderation in managing the country and, in addition, reveal the dimensions of the Medina Charter, which is full of tolerance and moderate values. Meteorologists in this study used a literature method with the conceptual study. The approach used is a theological, historical and sociological approach, with descriptive-analytical analysis methods. The results of this study showed the construction of the Medina charter as a peace treaty and at the same time as the constitution of Medina. The Charter of Medina is referred to as the constitution because it has qualified the form and content of a constitution. The Medina Charter can be called a base of religious moderation. It can be seen from the indicators of religious moderation that they are full of the values of state unity, peace and tolerance. The rhythm of tolerance is evidence of the breath of the Medina charter inherent in religious moderation in heterogeneous cultures.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130667736","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 wants to discuss the Ijtihad of Muhammadiyah in the Covid-19 pandemic outbreak in Indonesia. In order to achieve this goal, with a literature approach, this article will answer two important questions, namely how the efforts of Ijtihad Muhammadiyah deal with the Covid-19 outbreak, then furthermore, why the context of Muhammadiyah ijtihad is very important, and in any form ijtihad from Muhammadiyah. Indeed, scholars pay great attention to this ijtihad problem, Muhammadiyah people pay attention to the Muhammadaiyah circular, but the focus of this article has not been a concern for the Muhammadiyah community. Therefore, this study is the first step to exploring the problem. This article argues that in its ijtihad, Muhammadiyah issued ijtihad, replacing Friday prayers with zuhr prayers and jama'ah prayers replaced with prayers in their respective homes, the worship of funeral prayers instead of ghaib prayers, takziah activities carried out online. In treating Muhammadiyah corpses, it is argued that it should be considered to follow health protocols if it is considered an emergency to avoid direct contact with the family or medical personnel with Covid-19 corpses; the body is buried without having to be bathed and shrouded. This is done on the basis of avoiding the immudharotan takes precedence over bringing benefits. It is also based on the hadith that states there is no harm and youth. Religious orders must be carried out efficiently and should not be emphasized if there are uzur, such as during the Covid-19 pandemic.
{"title":"THE IJTIHAD OF MUHAMMADIYAH ON THE SPREAD OF THE COVID-19 OUTBREAK IN INDONESIA","authors":"Ashfa Afkarina","doi":"10.30863/jad.v5i1.1915","DOIUrl":"https://doi.org/10.30863/jad.v5i1.1915","url":null,"abstract":"This article wants to discuss the Ijtihad of Muhammadiyah in the Covid-19 pandemic outbreak in Indonesia. In order to achieve this goal, with a literature approach, this article will answer two important questions, namely how the efforts of Ijtihad Muhammadiyah deal with the Covid-19 outbreak, then furthermore, why the context of Muhammadiyah ijtihad is very important, and in any form ijtihad from Muhammadiyah. Indeed, scholars pay great attention to this ijtihad problem, Muhammadiyah people pay attention to the Muhammadaiyah circular, but the focus of this article has not been a concern for the Muhammadiyah community. Therefore, this study is the first step to exploring the problem. This article argues that in its ijtihad, Muhammadiyah issued ijtihad, replacing Friday prayers with zuhr prayers and jama'ah prayers replaced with prayers in their respective homes, the worship of funeral prayers instead of ghaib prayers, takziah activities carried out online. In treating Muhammadiyah corpses, it is argued that it should be considered to follow health protocols if it is considered an emergency to avoid direct contact with the family or medical personnel with Covid-19 corpses; the body is buried without having to be bathed and shrouded. This is done on the basis of avoiding the immudharotan takes precedence over bringing benefits. It is also based on the hadith that states there is no harm and youth. Religious orders must be carried out efficiently and should not be emphasized if there are uzur, such as during the Covid-19 pandemic.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128455379","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}
ABSTRACTUntil now, there has been no legal certainty for justice seekers through pretrial. The object of determining the suspect why when someone is declared a suspect then submits the Judge accepts a pretrial. Then the investigator can re-assign him a suspect so that the determination of the suspect occurs repeatedly. The Judge will also cancel the status of the suspect repeatedly and creates legal uncertainty. This study aims to determine pretrial executors to determine the suspect (Case Decision Study No: 3 / Pr/a.Pid / 2017 / PN.Gto) and Interpreting pretrial with the object of determining the suspect. This study uses normative research by using literature as the primary source. The results showed that pretrial executors with the object of determining the suspect (Case Decision Study No: 3 / Pra.Pid / 2017 / PN.Gto) is an example of a convoluted judicial process and does not provide legal certainty for a person because the applicant even though it has been three times the Judge receives the pretrial; the investigator is still returning to determine the applicant as a suspect. Interpreting a pretrial with the object of the determination of a suspect is difficult. Determining a suspect is not a straightforward job because it relates to a person's status before the law, so accuracy and prudence are needed to determine whether someone is worthy of being a suspect. An investigator may not use excessive authority in determining a person as a suspect because the implication of having a legal status can deprive someone of his right of independence as an arrest or detention.
{"title":"PRETRIAL PROBLEMS WITH THE OBJECT OF THE ESTABLISHMENT OF SUSPECTS","authors":"Wira Purwadi, Edison Gunawan","doi":"10.30863/jad.v4i2.1687","DOIUrl":"https://doi.org/10.30863/jad.v4i2.1687","url":null,"abstract":"ABSTRACTUntil now, there has been no legal certainty for justice seekers through pretrial. The object of determining the suspect why when someone is declared a suspect then submits the Judge accepts a pretrial. Then the investigator can re-assign him a suspect so that the determination of the suspect occurs repeatedly. The Judge will also cancel the status of the suspect repeatedly and creates legal uncertainty. This study aims to determine pretrial executors to determine the suspect (Case Decision Study No: 3 / Pr/a.Pid / 2017 / PN.Gto) and Interpreting pretrial with the object of determining the suspect. This study uses normative research by using literature as the primary source. The results showed that pretrial executors with the object of determining the suspect (Case Decision Study No: 3 / Pra.Pid / 2017 / PN.Gto) is an example of a convoluted judicial process and does not provide legal certainty for a person because the applicant even though it has been three times the Judge receives the pretrial; the investigator is still returning to determine the applicant as a suspect. Interpreting a pretrial with the object of the determination of a suspect is difficult. Determining a suspect is not a straightforward job because it relates to a person's status before the law, so accuracy and prudence are needed to determine whether someone is worthy of being a suspect. An investigator may not use excessive authority in determining a person as a suspect because the implication of having a legal status can deprive someone of his right of independence as an arrest or detention.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114549344","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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