Islamic Legal Studies Research Articles

Analisis Sosiologi Hukum Islam Terhadap Aliran Sempalan: Ahmadiyah Qadiyani di Indonesia

This article aims to expose and examine the Ahmadiyah Qadiyani breakaway group in Indonesia through the lenses of sociology and Islamic law. Social contact and religious teachings, which are a rich source of Islamic theological thinking and include Ahmadiyah, are factors in the rise of Islamic sects. The presence of Qadiyani Ahmadiyya in Indonesia has become an interesting subject for sociological and Islamic legal studies. This research aims to analyze this phenomenon using a sociological and Islamic legal approach. Through a literature review, this study reveals the social dynamics that emerged with the existence of Ahmadiyah Qadiyani in Indonesian society, as well as the response of Islamic law to this sect. By considering the historical and social context, this analysis highlights Muslims' various pros and cons towards Ahmadiyah Qadiyani and its impact on relations between believers in Indonesia. This research also explores the implications of Islamic law for treating Ahmadiyah Qadiyani, including fatwas and legal regulations governing their existence. Thus, this study provides in-depth insight into the social and legal complexities associated with such splinter flows in Indonesia.

Understanding and Framing Change in Islamic Law: Potentials and Possible Pitfalls of the Concepts of Canonization and Codification

Abstract Conservative and populist notions of Islamic law, or Sharīʿa, emphasize its immutability. While the textual nature of traditional Islamic jurisprudence supports this conception, academic research in recent decades demonstrates that Islamic law saw constant change and development. We also witness an increasing acknowledgement that several processes of change do not always follow the rich and advanced emic narratives and theories of how change allegedly did or should happen. The possibility of change is also intimately connected to theories of authority, where normative and descriptive models may give different pictures. Several historians and anthropologists of Islamic law have resorted to ‘canonization’ and ‘codification’ as concepts employed to understand and frame significant change, partly intending to create an analytical distance to the study object, unrestricted by the Islamic tradition. While the two concepts have hitherto been employed separately, they have one thing in common: their focus on selection and authorization. This article will first demonstrate how these concepts have been used in Islamic legal studies and then further argue that by juxtaposing and comparing these two concepts, new insights can be gained regarding their potentials and pitfalls.

Formulation of Public Policy Based on Islamic Legal Studies as a Solution in the Contemporary Era

Problems in the contemporary era provide challenges for policy makers in the formulation process, the use of Islamic law as a basis for making a policy is a step that must be tried because Islamic law has a firm and binding nature, but in the application of Islamic law in Indonesia with the diversity of its society must be adjusted first. In making a public policy, it must pay attention to several factors regarding what factors are needed to achieve a successful policy. The use of Islamic law in Indonesia has been applied since ancient times, this is influenced by the majority of the Indonesian population who embrace Islam, but in its determination it is only intended for special policies. In using Islamic law as a reference in making a public policy, it must be accompanied by in-depth research on how Islamic law can solve a problem in this contemporary era which has many new problems that arise. Research on the use of Islamic law as the basis for making a public policy must be based on reliable sources The Koran as a guide to human life is the source of the process of making public policy.

Challenges with Studying Islamist Groups in American Political Science

In this paper, I will explain why the lack of debate between political theory and comparative politics has led to an inadequate understanding of the politics of traditional Islamic scholars and Islamists in American political science. In the first section, I analyze the impact of the text-based approach of political theory; in the second, of the liberal frameworks of comparative politics; and in the third, a promising new development: the interdisciplinary field of Islamic legal studies, which has the potential to bridge the division between political science, law, and area studies approaches to the study of Muslim societies. I argue that the reliance of political theorists on seminal Islamist texts, rather than on the interpretations of texts during legal and political processes, limits their ability to represent the evolution of pragmatic Islamist theory in countries such as Pakistan. Moreover, whereas political theorists, such as Lucas Swaine, have demonstrated the futility of applying liberal assumptions to theocrats, comparativists continue to predominantly rely on liberal categories and frameworks, which produces a distorted view of Islamists. The division of labor between political theory and comparative politics, and the lack of conversation that results from it, makes it difficult—if not impossible—to fairly represent or analyze contemporary Islamist groups in American political science.

The sociology of law in the context of Islamic Legal Scholarship in Indonesia

This article examines the sociology of law in the context of Islamic legal scholarship in Indonesia. As a method, the sociology of law has basically been employed by Islamic legal scholars in Indonesia. However, the study of Islamic law is generally under the discipline of Islamic studies. In fact, although Islamic studies in Indonesia has recently utilised social sciences methods, the popularity of this approach is low compared to normative and textual types of Islamic legal studies. In addition, the trend of positivism which has been a general feature of Islamic legal studies has significantly contributed to this situation. In the light of this context, this article offers a view that the adoption of the sociology of law in the context of Islamic legal studies scholarship in Indonesia will serve as an alternative. It is expected that Islamic legal studies will be more multidisciplinary in nature and be based on more tacit social realities in substance.

Lecturers’ Efficacy and Readiness towards Utilization of ICT for Academic Research in College of Education

The study investigated Lecturers’ Efficacy and Readiness towards the Utilization of ICT for Academic Research in the College of Education in Kwara State. Non-experimental research design involving a descriptive survey was adopted. The instrument used for data collection was a questionnaire. The instruments were given to three experts in Science Education, Test, Measurement, and Evaluation. ICT experts who determined the validity of the instrument. The lecturers' Efficacy, lecturers' readiness, and lecturers utilizations were measured through a questionnaire. The population of the study was all the lecturers in the two Colleges of Education used as case studies comprising state and private colleges of education. The study also made use of 140 academic staff in both colleges of Education adopting Krejcie and Morgan, 1970 i.e. Kwara State College of Education, Ilorin (153 participants) while Kwara State College Of Arabic and Islamic Legal Studies Ilorin Kwara State (52 participants) Structured questionnaire titled: “Lecturers’ Efficacy and Readiness towards Utilization of ICT Questionnaire” (LERUQ) was used to elicit information. Descriptive statistics of the frequency and percentage were used to answer research questions while Pearson Product Moment Correlation (PPMC) was used to test the research hypotheses formulated in the study at a 0.05 level of significance. The findings showed most of the lecturers’ had positive reactions towards it, limited knowledge, and limited understanding.

Teaching Islamic Law at Public Universities in the Countries of the Former Yugoslavia

As one of the world’s great legal systems, Islamic law is taught at many academic institutions, using different methodological approaches and within differen institutional frameworks. The subject of this study is the teaching of Islamic law at public universities in the countries of the former Yugoslavia. It is based on the analysis of teaching curricula, textbooks, and additional literature used for courses at graduate, postgraduate and doctoral levels.At almost all law schools in the former Yugoslav member states that were the subject of this study, Islamic law is taught within the framework of General Political and Legal History or Comparative Legal History/Traditions and Political and Legal History or National Legal History. Within these subjects, Islamic law is taught within a comparative historical and legal perspective and as part of previous positive law under the Ottoman state.The scope of Islamic legal studies varies by state, however. For example, at the law faculties of the universities of Sarajevo, Belgrade, and Skopje, it is broadly taught at all three levels, while at the universities of Ljubljana and Podgorica it is not taught at all. In Sarajevo, Belgrade and Skopje, Islamic law is taught together with other great legal systems in historical and contemporary context, modelled on contemporary approaches to the study of Islamic law and legal cultures in general at academic institutions around the world. Bearing in mind the turbulent history of these states, the marginalisation of religion (and so of religious law) during the socialist period, and the fact that these faculties educate secular legal experts, the extent to which Islamic law is taught at public universities is satisfactory for the profile of experts being educated by them.

Do Muslims Living in Poland Approve of Organ Transplantation?

BackgroundAlthough the International Society for Islamic Legal Studies and the Islamic Organization for Medical Sciences have officially approved of transplantations, Muslims’ opinions on this issue are not uniform. The aim of this study was to assess the general knowledge, attitudes, and opinions concerning organ transplantation among Muslim Tatars living in North-East Poland.Material/MethodsThe study included 78 Muslim Tatars and was carried out at the Center of Muslim Culture using the diagnostic poll method.ResultsTransplantation from living donors was accepted by 96.1% of respondents, and from dead donors by 88.8% of respondents. Consent to the removal of organs after the death of a close relative was approved of by 57.7%, and 1/5 of respondents objected to it. Removal of their organs after death was approved of by 70.5% of respondents, more often by persons with higher education and vocational education than among those with only elementary education. Only 2.2% of respondents had reported their objection to the Central Objection Register. Almost 40% of men and women informed their family members about their willingness to be an organ donor. Most (71.8%) respondents had a positive attitude to transplantation, 25.6% had a negative attitude, and 2.6% were neutral. Approximately 72% of respondents believed that the final decision concerning the removal of organs from dead donors should be made by the family, and according to 8.9%, it should be prescribed by the law.ConclusionsMuslim Tatars living in Poland mostly accept the removal of organs both from live donors and from dead bodies. Gender and education level had a considerable impact on the decision concerning organ donation.

The Politics of Syariatisation in Indonesia: MMI and GARIS' Struggle for Islamic Law

This paper addresses the deficiency of the doctrinal approach in Islamic legal studies. There is an emergent need to comprehend Islamic law from the standpoint of its practical aspects: that is, how the law is intended to produce certain results, whether it gives expected results, and whether an identifiable result is consistent with the reason for the law as one might have expected. This paper examines the discourse of legal Islamization from the perspective of its practical aspects, that is, how the idea is developed, campaigned, and impregnated in Muslim societies. A study of the organizations Majlis Mujahidin Indonesia (MMI) and Gerakan Reformis Islam (Garis) shows that both groups had different concerns. While MMI focused on the theoretical legal system, Garis was more concerned with the practical realm of law; yet the two are the same in orientation as they are both concerned with how everyday life is regulated for Muslims.

The Neglected History of Furū’ and the Premodern/Modern Binary

Marion Katz reflects on major developments in Islamic legal studies since the 1990’s, the decade that saw – as noted in the introduction to this Roundtable– expanded and diversified scholarly attention to Islamic legal studies. For her, it is puzzling then that outdated frameworks continue to percolate in the field, such as the crude “premodern / modern binary” and the continued neglect of what she calls fiqh studies. Katz urges scholars to pursue more nuanced approaches to deal with the sheer volume of the textual corpus and to fill in chasmic history of substantive law, namely: (1) the study of “core samples,” that is, the diachronic investigation of individual concepts and doctrines to document inflection points, and (2) the study of “transverse slices,” that is, the synchronic study of a wide range of material from a specific historical context that helps expose underlying and pervasive assumptions behind a broad area of law.

Decolonial Translation: Destabilizing Coloniality in Secular Translations of Islamic Law

Abstract Contemporary Islamic legal studies – both inside and outside the Muslim world – commonly relies upon a secular distortion of law. In this article, I use translation as a metonym for secular transformations and, accordingly, I will demonstrate how secular ideology translates the Islamic tradition. A secular translation converts the Islamic tradition into “religion” (the non-secular) and Islamic law into “sharia” – a term intended to represent the English mispronunciation of the Arabic word شريعة (sharīʿah). I explore the differences between historical Islamic terms and secular terms in order to demonstrate that coloniality generates religion and religious law; in turn, these two notions convert شريعة (sharīʿah) into “sharia” in both Arabic and non-Arabic languages. Consequently, the notion of “sharia” is part of a colonial system of meaning.

Islamic Law And Indonesianness: Critical Study Of Graduations Dissertations Of Doctorate Program Of Islamic Law Islamic University Of Indonesia Yogyakarta

The article below tries to investigate the result of dissertations that have been written by the students of doctorate program of Islamic law, the Faculty of Islamic Studies, Islamic University of Indonesia Yogyakarta from 2012-2019. This study's objective was to map the result of the study of Islamic Law and Indonesian-ness of students dissertations from 2012-2019 about 19 dissertations from the academic core point of view regarding Islamic law and Indonesianness. This research's main problem was how do (did) the students mentioned above finish their dissertation of Islamic Law, and what the characteristic of approach and methodology did they apply in the dissertation. This research’s approach and methodology have been integrated social sciences (sociology) and humanity sciences (history and anthropology), and the analysis that applied was qualitative analysis with interactive model. The result of this study has been revealed that the number of dissertations that have been produced during 2012-2019 regarding dissertations with the theme of Islamic legal and Indonesian studies. The dissertations that be sources are dissertations of Doctorate Program the Faculty of Islamic Studies Islamic University of Indonesia. The contributions of these dissertations to enrich of a database on Islamic law and Indonesian-ness. From the dissertations, there are several variants of themes, scientific fields, approaches, and analysis of Islamic law and Indonesianness studies. In the study of the dissertation's quality, this research found that it still needed to be developed further to answer the issues that were very important in the study of Islamic law and Indonesian. There needs to be encouragement from various parties to conduct dissertation studies or research that more focused on the study of Islamic and Indonesian law to make a real contribution to the development of Islamic law and Indonesian.

THE CONCEPT OF PUBLIC INTEREST IN ISLAMIC LAW (Maslaha) and ITS MODERN IMPLICATIONS. Dr RIFAI SULAIMAN LEBBE

The concept Maslaha has been defined as a legal device in Islamic legal studies and yet, some modern Islamic scholars have expanded the scope and inner dimension of this concept to evaluate the greater political, economic, and development interest of the Muslim community in light of this legal concept. This legal concept is not merely legal device to pass new rules and regulations rather, its scope and parameters are wider enough to gauge the human development in all walks of life. The classical Muslim scholars limited the meaning and definitions of the legal device of maslaha in the areas of legal studies to deduce new rules and regulations for some textually unregulated new legal cases and yet, modern Muslim scholars have expanded the meaning and connotation of this concept to gauge modern developments through the concept of greater public interest of the Muslim community. This paper examines some of these development in the concept of maslaha.

Learning of Islamic Law in Contemporary Universities: Case Study of Faculty of Sharīʻah & Law of International Islamic University Islamabad and Islamic Legal Studies Program of Harvard Law School

Purpose: This research paper aims to study the standing of learning of Islamic Law in contemporary universities. The present study highlights the significance of Islamic Law learning to the legal practitioners (Bar) and legal academicians in general and to the judges (Bench) in particular. This paper endeavors to conduct a case study of learning of Islamic law in contemporary universities in Muslim and Non-Muslim jurisdictions.
 Methodology: For the purpose of this research paper, two universities have been selected where departments of Islamic law learning are established, i.e., Faculty of Sharīʻah & Law of International Islamic University, Islamabad and Harvard Islamic Legal Studies Program of Harvard law School. This study explores that how far the above-mentioned institutions in various jurisdictions have been successful in imparting Islamic Law education among their law students. It follows discussion on the relevancy of Islamic law learning and its understanding in the solution of contemporary issues of the modern world.
 Findings: This paper finds that Islamic law, being based on divine guidance, is the complete code of conduct and therefore, provides guidelines to discover and find out the solutions of all issues of modern world to Bar, academicians and Bench.

Propaedeutics in Practice: Islamic Legal Studies and the Public Sphere

In this paper, I outline a propaedeutics of Islamic legal studies. I am using the term “propaedeutic” to refer to scholarship and pedagogy that introduces audiences to new material in a way that structures their curiosities and asks them to rethink commonplace familiar situations and assumptions. Those who teach about Islamic law in North American Islamic studies are working in an environment shaped by distinctive anxieties and preconceptions. Engaged scholarship informed by thinkers such as Wael Hallaq and Talal Asad seeks to disentangle conceptions of law from modern expectations of law enforcement, codification, and the supervisory neutrality of the state to consider other deliberations and practices of justice. Such propaedeutic scholarship should suggest how religious legal authority deals with more than just “spiritual” and “personal” matters. Imprecise introduction to the idea that Islamic legal opinion is non-binding can unintentionally imply that such opinion makes only moral suggestion that one chooses to follow or not. Scholarscritical of Max Weber’s judgment that Islamic jurisprudence amounts to little more than arbitrary invocations of authority should be careful not to present Islamic jurists as merely creatively “free” to be unsystematic and their decisions inconsequential if following them is not coerced. Drawing on the work of Hussein Agrama, I explore the idea of fatwa discernment as guiding counsel directed not at adversarial procedure but at ethical self-formation. Finally, I consider Saba Mahmood’s account of religious difference to suggest how Islamic legal traditions might complicate liberal ideas of jurisdiction.

MENAKAR KEADILAN PUTUSAN HAKIM TERHADAP KASUS BAIQ NURIL PERSPEKTIF MAQÄSID ASY-SYARI'AH

Diskursus akademik ini bersifat normatif-yuridis dan kasuistik dengan integrasi kajian hukum Islam dalam konteks Maqāṣid asy-Syari’ah yang tertuju pada konteks penyelenggaraan peradilan oleh hakim. Topik ini dikaji karena terdapat ambiguitas praktis yang dilakukan oleh hakim agung pada penanganan kasus hukum Baiq Nuril, yaitu keadilan yang merupakan esensi hukum dalam putusan hakim tidak dirasakan oleh Baiq Nuril. Untuk itu hukum yang dihasilkan dalam putusan hakim seharusnya tidak sekadar berkesesuaian dengan peraturan perundang-undangan. Akan tetapi, hakim juga harus dapat menelaah secara subtansi-inklusif diluar hukum normatif. Dalam hal ini, peneliti menggunakan metode penelitian literal-normatif dengan pendekatan filosofis dan normatif- yuridis. Adapun hasil kajian menunjukkan bahwa putusan hakim yang digunakan untuk memvonis Baiq Nuril kurang menerapkan nilai keadilan hukum yang dapat menimbulkan anomali dan kurangnya public trust masyarakat terhadap lembaga peradilan. Maka itu, implikasi kajian ini dapat menghantarkan kepada konteks penyelenggaraan peradilan oleh hakim dengan pendasaran keadilan hukum.

Good Scholarship/Bad Scholarship: Consequences of the Heuristic of Intersectional Islamic Studies

AbstractIn her article, “Islamic Legal Studies: A Critical Historiography,” published in The Oxford Handbook of Islamic Law, Ayesha Chaudhry criticizes the field of Islamic law, and Islamic studies more broadly, for promoting two hegemonic methodologies: White Supremacist Islamic Studies and Patriarchal Islamic Studies. She argues that these modes of scholarship perpetuate patriarchy, decenter Muslim narratives, privilege precolonial texts, and create barriers to entry into academia. Her resolution is a new form of Islamic studies—Intersectional Islamic Studies—which seeks to recenter Muslim narratives, is committed to social justice, and exposes the problematic power structures within academic inquiry. Chaudhry argues that scholarship produced using the first two methods is “bad scholarship,” whereas scholarship produced using the third method is “good scholarship.” In this article, I problematize the dichotomy between “good” and “bad” scholarship and argue that Chaudhry’s methodology is restrictive, hegemonic, and detrimental to meaningful scholarly engagement.

UMAR BIN ABDUL AZIS: ZAMAN KEEMASAN ISLAM MASA DINASTI UMAYYAH

<p><em>The Umayyad dynasty was approximately 91 years old, with 14 leading caliphs. The reign of Umar ibn Azis was regarded as the golden age of the regime, as many of the policies he had done, and that had been prosperity for the people. Different from the governments of the other caliphs, regarded by most historians as the caliphs who made the people in misery. For this, the article aims to analyze the glory achieved by Umar ibn Azis in the reign of the Umayyad dynasty. The methods used are historical research methods, ranging from source search (heuristics) that are limited to historical books in libraries, then criticism of Sember (internal and external criticism), verification and Last is historiography. From the research conducted it can be shown that during the reign of the caliph Umar ibn Abdul Aziz who did not have a long time to print the history of the glorious civilization, both in terms of the knowledge </em>and<em> life level of society that has been able to enjoy Prosperous life is safe and peaceful. The Baitul Mal by the previous Umayyad caliphs was used as a sovereign or property that is free to be spent by the Palace families. It is different in the time of the end of the Umar because at the time of his treasure Baitul Mal made As the people's. Umar bin Abdul Aziz was also very attentive to the hadith as a source of teaching both Islamic teachings. He issued adequate funds to record the hadith to be registered and documented well and neatly and made a scientific reference in religious studies and Islamic legal studies. Not only the hadith that received attention, but the science of interpretation, history, and politics is also recorded. In terms of the expansion of the territory of Islam, very few wars in his time because in the development of Islam is more lively by using the advice that is full of wisdom so that many people enter Islam. Thus the reign of the caliphate of Umar ibn Abdul Aziz, which was the Golden age for the Umayyad dynasty.</em></p>

HISTORISITAS DAN SUMBER DALIL UṢUL FIQH SHI’AH

In the history of the development of Islamic law, the existence of fiqh is one of the sciences that has given birth to a variety of methodologies in Islamic legal studies. Broadly speaking, the existence of fiqh proposals can be represented by the presence of Sunni and Shi'a fiqh proposals. As a theological group in Islam, Shi'ah has a different concept of fiqh from Sunni. This research is descriptive in nature, providing an explanation of the history of the development of shia fiqh, law in the perspective of shia, the propositions of shia fikh, and Istinbat in the perspective of shia. The conclusions from this study, that the Shi'a fiqh proposal is divided into two groups, namely Akhbariyyun and Uṣuliyyun. In the process of determining the law, the Akhbariyyun group returned the matter to the Qur'an and Sunnah based on the determination of their Imams. The Akhbariyyun group holds that only their imams have the authority of ijtihad to establish laws based on the Qur'an and Sunnah. As is known, scholars' Shi'ah call Dalil al-Qur'an, Sunnah, Ijma, and ‘Aql as the proposition Ijtihadi. Thus it can be said that Uṣul Shi’ah Akhbariyyun is; Al-Kitab, namely al-Qur'an, Sunnah and words, deeds, and taqrir of the Imam. The Uul Uṣuliyyun group, namely; Al-Kitab, Sunnah, and the words, deeds, and taqrir of the Ulema and Ijtihad which in their terms are called the proposition ‘Aql.

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure