Islamic Law In Indonesia Research Articles

RENEWAL OF ISLAMIC LAW IN INDONESIA: A STUDY OF YUDIAN WAHYUDI'S THOUGHT

The purpose of this study is to describe the results of Yudian Wahyudi's thoughts on the renewal of Islamic law in Indonesia. This type of research is library research using a qualitative descriptive approach to describe the current phenomenon. This analysis seeks to see the socio-cultural background, the context of the readers and the text of books and articles about Yudian Wahyudi's thoughts related to the problems to be studied. The results of this study explain that Islamic law reform underwent a radical transformation with the emergence of several calls about Indonesian fiqh and Indonesian schools of thought by scholars such as Ash Shiddieqy and Hazairin who criticized puritans who often echoed Arabization of fiqh, both promoting the richness of Indonesian culture and traditions as a valid source. for the implementation of the law by trying to modernize the application of Islamic law with the help of modern knowledge and science. Yudian Wahyudi's thinking in the renewal of Islamic law offers an applicative methodological approach through the concept of returning to the Qur'an and Hadith, the concept of fiqh and maqashid sharia by trying to dialogue between sharia texts, and empirical 'urf, both of which complement each other. Different from the previous figure, the Islamic renewal proposed by Yudian Wahyudi is not only a theoretical offer but can also be implemented practically.

HUKUM ISLAM DAN DINAMIKA SOSIAL ‎

This research examines the renewal of contextual Islamic law discovery methods that function to answer the challenges of the times and social dynamics. As an initial step in the reconstruction of fiqh, this research seeks to explain a solution offered by fiqh methods, namely a unified approach to shari'ah and social inference. In simple terms, this method seeks to bridge and integrate textual (normative) and contextual (historical-empirical) approaches. The basic assumption is that this effort will be beneficial for alternative methods of discovering Islamic law in this multi-cultural and religious era. This research is a literature study (library research) using a juridical, historical, and philosophical approach to answer the problems above. This study concludes that there are three methods of ijtihad, namely bayani (linguistics), ta'lili (qiyasi: causation), and istislahi (teleological). These three are common methods used in discovering and forming fiqh civilizations from time to time. By bringing empirical reality into the analysis of legal findings, there will be little guarantee that Islamic law in Indonesia can appear more creative and alive in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement

Interpretation of Taqnîn al-Ahkâm by Ibn Al-Muqaffa’ and Its Relevance to the Application of Islamic Law in Indonesia

This study aims to elaborate on Ibn al-Muqaffa’s idea about taqnîn al-ahkâm using the literature review method. Many relevant pieces of primary and secondary literature were analysed using critical analysis techniques. Ibn al-Muqaffa’, who lived during the Abbasid Dynasty, precisely in the time of Abû Ja’far al-Manshûr, had sparked the idea of the legislation of Islamic law (taqnîn al-ahkâm) to be applied throughout the Islamic territory to avoid diverse legal rulings among judges on the same legal case. Re-expressing the idea of Ibn al-Muqaffa’ is important because it has relevance to the ideological ideals of most Indonesian Muslims so that national law absorbs as much as possible from Islamic law. These ideological ideals have grown louder and louder since the freedom of speech in Indonesia has become wide open. As a result, anyone now can express his/her ideological opinions and ideals without any fear of the threat of subversion. In a climate of democracy and freedom, the idea has been resounded again by many groups, including the general public, socio-political activists, academics and parliamentary members.

HUBUNGAN AGAMA DAN NEGARA (Respon terhadap Politik Hukum Islam di Indonesia)

This article aims to examine the relationship between religion and the state in responding to the politics of Islamic law in Indonesia. The research method uses descriptive qualitative research with literature studies aimed at examining primary data, namely laws, similar regulations, journals, books, and other sources related to research problems. The research approach is social legal research. The technique of data collection with literature study with data analysis with qualitative descriptive methods. The results of the study show that Indonesia is not a religious state but religion is one of the most important elements, so that the relationship between religion and the state has implications for the positivization of Islamic law into national law as a form of state manifestation as a unit that cannot be separated from religious life which is symbiotic- integralistic, by giving birth to a product of Islamic law as a national law until it remains valid. so as to provide harmony, peace, in the life of religion, nation and state is achieved and remains sustainable.

Passampo Siri' in the Bugis Marriage Practies in East Kolaka, Indonesia: A Sociological Perspective of Islamic Law

This research aims to illustrate the problematics of Passampo Siri’ marriage practice in the Bugis community, East Kolaka Regency, using a descriptive qualitative method based on the sociology of Islamic law. Data collection techniques involve interviews with informants deemed necessary and observing or directly paying attention to the implementation of the marriage tradition through siri'. The findings indicate that the Bugis society practices this type of marriage because of social pressure to conceal shame, adherence to ancestral customs, a lack of public understanding of relevant marriage law norms, and low levels of public education. However, the custom is no longer practiced since it cannot provide justice and order in society. This marriage also has implications for acts against the law of society, as stipulated in Article 53 of the KHI that a pregnant woman out of wedlock can only be married to a man who impregnates her. In contrast, for the practice of Passampo Siri’ marriages, the pregnant woman out of wedlock is married to another man. Therefore, this research contributes directly to the development of the study of Islamic law in Indonesia and the world in finding the best solution to achieving legal expectations among the public, especially regarding marriages of pregnant women out of wedlock with men who do not impregnate them.

Study of Living Hadith; the Phenomenon of Different Religious Inheritance through Wasiat Wajibah

The Compilation of Islamic Law specifies that wills are only required for adopted children and their adoptive parents. The parties involved may petition the courts, even though these regulations are less binding. This research uses the type of normative legal research because what is examined in this research is the norm contained in the hadith texts related to the inheritance law above. The case approach is used as an approach in research because the case of inheritance of different religions that are discussed in a separate case within the family sphere, where there is no legal argument or norm that can answer the case above, so the case approach. The research results show that in Article 209 of the Kompilasi Hukum Islam (KHI), describe the law of Wasiat Wajibah. It cannot, therefore, be regarded contrary to Islamic law. Because leaving a bequest to an adopted kid or adoptive parent does not conflict with the general requirements of the Qur'an and the Prophet's Sunnah. The Cassation Decision No. 368 K/Ag/1995, issued 16 July 1998, marked the beginning of the practice of non-Muslim heirs obtaining a portion of the inheritance from Muslim heirs via Wasiat Wajibahs, which created a body of law within the Religious Courts. Non-Muslims inherit the same proportion of their Muslim parents' required bequests as other Muslim heirs. This necessary will is intended to preserve the integrity of the family and accommodate the multicultural, multiethnic, and multireligious nature of Indonesian society. In addition, implementing a sense of fairness is an advantage of this decision. Giving wills to non-Muslim spouses, children, parents, and relatives has contributed to the revival of Islamic law in Indonesia, demonstrating a sense of social fairness.

PERKEMBANGAN SISTEM HUKUM DI INDONESIA

In England, law formation is traditional. namely through jurisprudence, because it is too slow and does not keep up with the changes in this modern era, it must quickly be assisted by the formation of law by law, so that law can meet the needs of modern society. Thus, in England the law does not only mean the judge's decision, but the judge's decision is added to the law, added to government (executive) policies based on applicable law, also added to habits that are recognized as good by the court, as well as by other state agencies. So that in Continental Europe the applicable arrangements are laws formed by the legislature. Meanwhile, the laws that are formed are more likely to be close to the interests of the legislature, and it is not uncommon for laws to always be left behind by the community because of the increasingly rapid development of society and times. Jurisprudence is only useful if there is a recht vacuum, where there are no laws or unclear arrangements, the judge is obliged to interpret the law. Islamic law in Indonesia is closer to Common Law than Civil Law, this is because Islamic law originates from God which is inscribed on its adherents, different from rules or laws formed by the legislature which apply to all people in a country.Keywords: Development, Legal System, Indonesia.

The Contribution of ‘Urf to the Reform of Islamic Inheritance Law in Indonesia

This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.

KEDUDUKAN MAHAR DALAM AKAD NIKAH PERSPEKTIF IMAM MALIK DAN IMAM SYAFI’I

Dowry is one of the virtues of the Islamic religion in protecting and honoring women by giving them the rights they demand in marriage in the form of a dowry, the size of which is determined by the agreement of both parties. The aim of this research is to find out Imam Malik's opinion about the position of the dowry in the marriage contract and to find out Imam Syafi'i's opinion about the position of the dowry in the marriage contract. The research method used is a type of library research (libery research), namely a series of activities relating to methods of collecting library data, reading and taking notes and processing research materials. The research results tend to be more in line with Imam Syafi'I's opinion because his opinion is final and there is no debate regarding the dowry, namely as a legal condition for marriage, especially as Indonesian citizens, almost the majority adhere to the Imam Syafi'I school of thought, Imam Syafi'I's opinion is also largely included. in the compilation of Islamic law in Indonesia. Because his flexible opinion is easy to accept and is not burdensome for the Indonesian people.

Pertimbangan Sosiologis Penegakan dan Pengamalan Hukum Islam di Indonesia

This study aims to analyze the sociological considerations of enforcement and application of Islamic law in Indonesia. This research is a library research that is qualitative in nature. The results of the study show that the sociology of Islamic law is a reciprocal relationship between Islamic law (Syarī'ah, Fiqh, al-Ḥukm, Qānūn, etc.) and patterns of societal behavior in which Sociology is one approach in understanding it. In essence, Islamic law in Indonesia is legal norms originating from Islamic law that grew and developed in people's lives throughout the history of Indonesia. Theories of thought regarding the application of Islamic law in Indonesia are formalistic-legalistic thought theory, structuralistic thought theory, culturalistic thinking theory and substanialistic-applicative thinking theory. It turns out that the enforcement and application of Islamic law has many obstacles so that Islamic law seems very slow, especially in the field of jinayat (Islamic crime).

The Ijtihad Construction Of Islamic Law Based On The Maqâshid Al-Syarî'Ah Approach In The Indonesian Context

This research is developed from the author's findings of ambiguity in recent philosophical aspects of the application of Islamic law in Indonesia. Accordingly, it is crucial to immediately reform the ijtihad of Islamic law in Indonesia, because the practice is no longer in line with maqâshid al-syarî'ah and the principles of Islamic law. This can be seen from the emergence of civil disobedience toward Islamic law fatwas issued by fatwa institutions in IndonesiaThe purpose of this study is to find answers to the problems specified in the formulation of the problem. This research is a descriptive-normative research or library research that uses content analysis of the data obtained. In addition to using a conceptual approach, this study also uses a maqashidi approach (Maqâshid-Based Ijtihad) to answer the problem studied. The results of this study are: First, there is philosophical confusion regarding the application of Islamic law in Indonesia which includes ontological, epistemological, and axiological confusion. Second, maqâshid al-syarî'ah known as al-ushûl al-khamsah includes the maintenance of religion (hifz al-dn), life (hifz al-nafs), lineage (hifz al-nasab), mind (hifz al-aql), and property (hifz al-mȃl), as the dharûriyyah, hȃjiyyah and tahsȋniyyah level. Meanwhile maqâshid al-'ammah includes the following universal maqâshid principles; nature (al-fiṭroh), tolerance (al-samâhah), benefit (al-maslahah), equality (al-musâwah), and freedom (hurriyâh). Third, reformulation of Islamic law in Indonesia with the maqâshid al-syarî'ah approach can be achieved through two constructs, namely the integration of legal texts with al-ushûl al-khamsah and integration of legal texts with maqâshid al-syarî'ah al-'ammah.

CHANGING TRENDS IN THE STUDY OF SHARIA IN INDONESIA: An Account on Relevant Bibliographies

The study of Sharia in a Muslim country, like Indonesia, has been experiencing a significant change in terms of approaches, methods, and object of study. This article deals with the continuities and changes in the study of Islamic law in Indonesia. Based on my bibliographical study, it emphasizes that the study of Sharia in Indonesia has changed in response to the changing social and political surroundings, which I categorize into three phases. First, during colonialism, the relationship between Islam and local customs has become an important subject of intense debate among scholars. Second, an upturn occurred in the mid-1950s, as the study of Sharia was no longer oriented to examine the debates on the relationship between Islam and local practices. Instead, Islam is seen as a set of interpre­tative resources and practices. This approach continued to develop until the 1970s. Third, along with the codification of Islamic family law, the study of Sharia has been given to the dynamics of Islamic law in courtrooms, examining the position of women and the role of judges, and in state policies both at provincial and district levels.

The role of Islamic organizations in Development and Enforcement of Islamic Law in Indonesia

Before the 1945 Constitution came into force , law marriage and inheritance already applied for Indonesian Muslims . Condition Islamic society in Indonesia which is the majority is very possible enforcement and enforcement Islamic law . With application expected Islamic law crisis multidimensional happening _ could handled by the State. order values Islamic law applies in a manner intact in society , then values that Islamic law must poured in form law . History records that presence Islamic organizations such as Sarekat Islam (SI), Muhammadiyah, Nahdhatul Ulama (NU) and MUI are very influential to birth sharia rules that have there is moment this . So this post discuss how role internal Islamic organizations implementation and development Islamic law in order to be able to enforced by the national Islamic society .

Sources and Legal Principles of Islamic Inheritance* Dynamics in Indonesia

Islamic inheritance law is one of the important issues in Islam, and is a pillar between the pillars of law which is fundamentally reflected directly from sacred texts that have been agreed upon for its existence. The resutls show that The results of the research were brought to the formal discussion forum of the National Workshop in 1988. Subsequently, in 1991, the government of the Republic of Indonesia formalized the results of the study into an official regulation under the legal umbrella of Presidential Instruction R.I. No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law (KHI) as a result of the Workshop held on February 2 to 5, 1988, can be used by Government Agencies and by the public who need it as a guide in resolving problems in the fields of marriage, inheritance, and endowments. As a written formulation of the provisions of Islamic law in Indonesia, the Compilation of Islamic Law (KHI) is organized into several chapters and articles according to the object of the regulation. Specifically regarding Islamic inheritance, the arrangements are arranged in book II which consists of 6 chapters with 44 articles.

RELASI AGAMA DAN NEGARA (RESPON TERHADAP POLITIK HUKUM ISLAM DI INDONESIA)

This article aims to examine the relationship between religion and the state in responding to the politics of Islamic law in Indonesia. The research method uses descriptive qualitative research with literature studies aimed at examining primary data, namely laws, similar regulations, journals, books, and other sources related to research problems. The research approach is social legal research. The technique of data collection with literature study with data analysis with qualitative descriptive methods. The results of the study show that Indonesia is not a religious state but religion is one of the most important elements, so that the relationship between religion and the state has implications for the positivization of Islamic law into national law as a form of state manifestation as a unit that cannot be separated from religious life which is symbiotic- integralistic, by giving birth to a product of Islamic law as a national law until it remains valid. so as to provide harmony, peace, in the life of religion, nation and state is achieved and remains sustainable.

Implementasi Hak dan Kewajiban Istri Bagi Wanita Karir di Kantor Kementerian Agama Kota Lubuklinggau Menurut Undang-Undang Perkawinan 1974 dan Kompilasi Hukum Islam(Analisis Normatif-Sosiologis)

This study focuses on discussing the Islamic view of career women, and the implementation of the rights and obligations of wives for career women of female state civil servants, at the Ministry of Religion Office of Lubuklinggau City. The spectrum that is highlighted, of course, explores the position of Career Women, whether they can carry out their obligations in a balanced way, both as wives and as ASN employees. This study uses sociological normative analysis. This normative analysis uses a study approach that examines a problem that arises by referring to religious benchmarks. In this study, the author also refers to the Marriage Law in Indonesia and the Compilation of Islamic Law. The findings in this study indicate that the wife's next obligation is to organize and manage daily household needs as well as possible. From the data above, the wife's responsibilities as stated in the Compilation of Islamic Law in Indonesia for wives who have the status of ASN at the Ministry of Religion of the City of Lubuklinggau have not been implemented properly. The wife has not fully done household chores, starting from taking care of the house, shopping for the house, cooking, or arranging the entire layout of the house is not fully done by the wife, but still involves household assistants and most of them cooperate with each other in household chores, both in terms of household chores. raising children, educating or doing housework

Peran Organisasi Islam di Indonesia dalam Pengembangan dan Penegakan Hukum Islam

This study aims to determine the role and influence of Islamic organizations in the formation and development of Islamic law in Indonesia. This research is a qualitative library research with a normative and conceptual theological approach. The results of the study indicate that the development of Islamic law in Indonesia cannot be separated from the role of Islamic organizations from time to time, starting from the time of independence to the present. Of each Islamic organization in Indonesia, each has its own character and influence in the development and enforcement of Islamic law, but generally carry out religious activities (da'wah), education, health, social, political services, to economic empowerment. Many Islamic organizations have contributed significantly to the growth and development of Islamic law in Indonesia through their legal institutions. It is intended that Islamic law applied in Indonesia has an Indonesian personality or has an Indonesian perspective. Reforms in Islamic law in Indonesia are carried out gradually and not only in the field of worship/religion (diyānī), but also in the field of qaḍā'i (judicial) through fatwas issued by the Islamic legal institutions of each organization.

Panaik Money of Bugis’ Customary Marriage in the Perspective of Islamic Law and Positive Law in Indonesia

This article discusses the giving of panaik money to the Bugis marriage customs outside of the dowry obligation. This culture has long been carried out at traditional Bugis weddings. The custom of giving panaik money has become a topic of discussion among academics because it is not included in the pillars and conditions of marriage in Islam or positive law. This is a custom that is sometimes considered burdensome to the prospective groom to cause the marriage to be annulled. This research is library research with a normative approach. It uses a qualitative method, namely, observing and reviewing the obligation to give money for traditional Bugis marriages outside of the dowry. The results of the panaik money research in the study of Islamic law do not conflict with the terms and pillars of marriage. As for the positive legal view, in this case, Law Number 1 of 1974 concerning Marriage concludes that panaik money does not conflict with formal or material requirements, namely in articles 6 to 10, which explain the existence of cultural fusion between customary law and Islamic law in Indonesia which has been recognized. As part of the source of material law in Indonesia. As for the cultural pattern of Bugis ethnic marriage, panaik money is a form of respect and appreciation from the male family to the female family.Panaik Money, Islamic Law, Positive Law, Cultural Customs

The Indonesian Council Ulama (MUI) and Religious Discourse In Indonesia

This paper wants to explore the existence and role of the Indonesian Ulema Council (MUI) in religious discourse and practice in Indonesia. This research is library research using the theory of Critical Discourse Analysis by Norman Fairclough. The approach of this research is the political approach of Islamic law in Indonesia. Results This study found research findings related to the existence and role of MUI in the process of forming Islamic discourse in Indonesia. The MUI was designed by the government of the New Order Era as a medium of communication between the government and the ulama. The position of MUI in this era is more dominant in its role as "khodimul Hukumah" (government servant) and in the reform order its role has shifted to "khodimul ummah" (servant of the ummah). MUI as a big umbrella for Muslims has played a big role in shaping religious discourse in Indonesia through its products, namely fatwas and non-fatwas. Among the non-fatwa are in the form of tawsiyah, Tadzkiroh, amanah, attitude statements and appeals. Even though the fatwa and non-fatwa are morally binding, politically legal products of MUI products are often accommodated by the government into a legally binding public policy (law). In this context, the MUI has had an influence in the formation of religious discourse through the process of transformation from religious authority to state authority through government public policies.More about this source textSource text required for additional translation informationSend feedbackSide panels

Penyelesaian Sengketa Hadhanah karena Istri Murtad Menurut Wahbah Al-Zuhaili dan Relevansinya dengan Hukum Islam di Indonesia

In Islam, marriage between a Muslim man and a non-Muslim woman is absolutely prohibited. If in a marriage there is a divorce because the wife is out of her religious belief (apostasy), then there is a dispute over the authority of whether the wife can carry out maintenance in the form of care for her child or not. The majority of mazhab scholars allow infidel wives to perform hadhanah on the grounds that mothers have more love for their children. However, Wahbah Az-Zuhaili in his book Fiqhul Islami wa adillatuhu, argues that the right to hadhanah is not stipulated for an apostate wife. Based on the explanation above, the main problem raised in this thesis is how the concept of hadhanah according to Wahbah Az-Zuhaili, what are the source and methodology of his thinking about hadhanah rights because the wife is an apostate and how is it relevant to Islamic law in Indonesia.