Moslem Scholars Research Articles

Dirasah Muqaranah ‘an Hukm al-Zawaj Bayna Rudha’a Alban Bunuk al-Laban Fi Manzhur Fuqaha al-Aqdamin wa al-Mu’ashirin

The issue of Breast Milk Bank is a contemporary fiqh issue, and its ruling is not found in classical fiqh. However, classical Moslem scholars have studied the issue of radha in an unusual way known as al-major (breast milk put into the baby's mouth), al-south (breast milk put through the nose), and or putting breast milk into the baby's mouth using bottles and cups. Therefore, the fuqaha differed on the prohibition of marriage because of radha' unusually or indirectly such as radha' from a breast milk bank. After conducting a comparative analysis, the author concludes that the majority of classical scholars from the Hanafi, Maliki, Shafi'i and Hambali madhhabs, and most contemporary fiqh scholars, think that indirect radha', such as radha' from a breast milk bank, makes marriage prohibited. They reason that indirect radha' has the same effect as direct radha' regarding the growth of the baby's flesh and bones. Meanwhile, the Zhahiri school of classical jurisprudence and some contemporary jurisprudence scholars such as Yusuf al-Qardhawi think that indirect radha' such as radha' from a breast milk bank is not called radha'. According to them, radha' is only if the baby suckles directly on the mother's nipple. Hence, they think that radha' from a breast milk bank does not lead to the prohibition of marriage.

Marja’ al-Taqlīd dan Proyek Syiahisasi di Indonesia

This article tries to discuss how Syiah influence people in Indonesia to follow them. If their influence has expanded, Syiah will try to create “Marja’ al-Taql ī d”. By creating “Marja’ al-Taql ī d”, Syiah’s movement in Indonesia will be directly connected to the Wil ā yat al-Faq ī h system in Iran which is under the leadership of Ali Khameini as Waly al-Faq ī h, the highest ruler of government and religious authority. If this happens, the integrity and sovereignty of the Republic of Indonesia will be in danger. This article aims to reveal the Syiaization process that occurred in Indonesia which led to the creation of Marja’ al-Taql ī d. The author tries to collect the factors that cause the development of Syiah’s movement in this country with a majority population of Sunnis. By using qualitative methods and in-depth understanding, the authors collect data through interviews, observations, and documentation studies. As a result, the authors found several factors causing the massive movement of Syiah’s teachings in Indonesia. Among the causative factors that exist are Muslims less knowledge of their religion, plus the lack of knowledge about Shia’s teachings. The economic weakness of Muslims is also well utilized by Syiah to launch their mission. The Moslem scholars of Sunni also did not move quickly to counter Syiah’s mission. In addition, the Syiah’s movement also seems to have received defense and support from the government and is still considered a part of Islam.

Al-Taswîq Muta'addid al-Mustawayât al-Mustawayât fî Daw al-Maqâsîd al-Shar'iyyah al-Khâssah bi al-Mâl

Multilevel marketing is a new case that is not found in the legal explanation of the Al-qur’ān or in the sunnah; to determine the law, the moslem scholars have “ijtihād” by using various approaches, both economic approaches and fiqh approaches. Because of the different points of view they use, the legal provisions produced vary; some forbid, and others allow. This study seeks to highlight multilevel marketing from the perspective of Maqāṣid syari’a relating to property, this study is carried out using qualitative analytical descriptive methods and is based on literature. The significance of this study is because it bases its discussion on maqāṣid syari’a, which is a discipline that reveals the wisdom, and the ultimate goal of a rule set by God for humans. The results of the study confirm that multilevel marketing in practice violates the principles of maqāṣid syari’a relating to property; therefore, this study strengthens the opinion that prohibits the practice of multilevel marketing in economic Activities

Analisis Strukturalisme Hermeneutik terhadap Kisah Nabi Ibrahim dalam al-Qur’an

The story of verses in the holy book of Qur’an was the dominating verses. It was 1600 verses that were spreaded in the 35 surah. Nevertheless, its only few attention from the moslem scholars and interpreters reviewing the story verses than their attention to reviewing the law verses. This article discusses one of the story verses in Qur’an i.e The story of the prophet of Ibrahim which there were 162 verses in the Qur’an and it spreaded in the 25 surah. The writer used new contemporery approaches to understand and interpret these story verses that differ from previous approaches, i.e hermeneutical structuralism . Structuralism approach shows the meaning of the verses throug the language relation (the relation among the verses). In addition, hermeneutical approach shows non structural symbolic interpretation. Thus, with these two approaches, the writer used to find the deep meaning of the verses and understand its contextuality.

FARID ESACK'S QUR’ANIC HERMENEUTICS OF PLURALISM FOR INTERRELIGIOUS COOPERATION IN INDONESIA

In contemporary Islamic thought, religious pluralism has been a discourse that many Moslem scholars have introduced to the Islamic community. One of the scholars is Dr. Farid Esack, a South African exegete who is also well-known as a human right activist. Brought up under an apartheid regime ruling South Africa, Esack is of a certain opinion that religion should function to struggle against any unjust order. To make a radical and fundamental change, according to Esack, there is no way but to constructively reinterpret religious discourse and role so as to be a tool of liberation. Using yet controversial a hermeneutical analysis on the Qur'an, Farid Esack raises the idea of pluralism dealing critically with the struggle against oppression and toward liberation for South Africa.

TA'ZIR DALAM LEMBAGA KEUANGAN ISLAM

Fines and sanctions are known in Jurisprudence (Islamic criminal law) and not in the scope of civil law. Because these ta'zir sanctions are ijtihadi. this is different from sanctions that are tauqifi,where the provisions are contained in the quran and hadith, then it takes an effort initiative (ijtihad) to determine it. Ta'zir in Islamic criminal law is applied physically , then sanctions appear in the form of fines.The scholar of Moslem differed on their views on whether this ta'zir maliyyah (fines) could be applied in the context of financial institutions. Some Moslem Scholars who allow fines material ta'zir (al gharamah al uqubah al maliyyah) is Imam Abu Yusuf (the Schollars of Hanafiyyah) . otherwise,some scholars banned this sanction, the reason is that Islam forbidden to take the rights of other parties unfairly. Indonesian national sharia council (DSN MUI), issuing a decision of this matter on Fatwa DSN MUI no 17 2009,about the possibility of fines in Islamic financial institutions, with the foundation of the proposition that is used as a reference. to provide guidance to the public about the existence of fines or ta'zir in Islamic financial institutions. public misunderstanding of this matter is directly related to the reputation and perception of Islamic financial institutions.

KONTAK PERTAMA ISLAM DENGAN FILSAFAT DAN ILMU PENGETAHUAN YUNANI

This article argues that philoshopy and science of Greece was contributed for Islamic civilization as well as known by “The Golden Age” of Muslim world history in midlle age especially, and then played an significant part in delevopment miracle of modern science in the Europe renaissance at the 15th century generally. This article will identify some of transmission related the relationship between Greece’s philoshopy and knowledge with moslems culture is considered as the success acculturation and they received it with tolerance without violence. In adittion, according to the views of scholar or historian that introduction of Muslim civilization with culture of Greece in the early period via several ways are : First, The chalipates of Islam work to expansion Islam power map so meet the central of helenism in Arab world; Second, The translation movement ideas by moslem scholars to translate Greece book philoshopy and knowledge. Third, Forum of religion debate between moslem scholars (theologists) and non Muslim theologist. The basic arguments whose used in this forum is philosophy and logica of Aristoteles. The writer of this article describes analyticcaly and critically explores the opinions of moslem scholars and theirs philoshopers about Greece’s philoshopy and knowledge. They view that it is not contradict with the Islamic values and Islam orders and stimulates his followers to learn knowledges and sciences and analyze anything by using the philoshopy thinking. Think philoshopically and rasionally is orders of Allah and his messenger and it is not prohibited by Qur’an and Hadith according to QS. al- Alaq : 1-5 and QS. al-An’am : 75-79.

Reformulating The Concept of Maṣlaḥah: From A Textual Confinement Towards A Logic Determination

Up to this contemporary era, the concept of maṣlaḥah developed by several leading Moslem scholars seems to be rather theocentric in a way that it is transfixed on the maṣlaḥah considerations contained in the texts (naṣṣ). This means that the concept of maṣlaḥah has so far been shadowed in the textual confinement so that the resulting maṣlaḥah becomes an old-fashioned, stagnant, and less-able concept for responding to the times’ challenges. This study aims to open up discourses and opportunities for the development and reformulation of maṣlaḥah in the current contemporary era. This qualitative study is library research. The data used were obtained from book literatures, journals, and other writings related to maṣlaḥah and were analyzed using a content analysis method. The discussion was done by describing the historical data of previous thoughts on maṣlaḥah from the process of textual confinement to logic determination which was then formulated with the reality of today's modern era life. The results of this study indicate that: 1) from its historical aspect, the reformulation of maṣlaḥah is one which has so far only been assessed in the perspective of Shāri' (the Law Maker), hence, it is necessary to reformulate it in the perspective of mujtahīd by referring to maṣlaḥah associated with the issues’ reality context, 2) there is a need to incorporate the concept of ethics and humanity into the structure of maṣlaḥah, and 3) there present a necessity to formulate a collective-based ijtihād in probing of maṣlaḥah to create a scientific maṣlaḥah-based ijtihād methodology.Hingga pada era kontemporer sekarang ini, konsep maṣlaḥah yang dikembangkan oleh beberapa tokoh ilmuwan Muslim tampak lebih bersifat teosentris yang terpaku pada pertimbangan maṣlaḥah yang terdapat pada teks (naṣṣ). Artinya, konsep maṣlaḥah selama ini masih terbayang-bayang dalam kungkungan teks sehingga maṣlaḥah yang dihasilkan menjadi konsep yang jumud, stagnan, dan kurang bisa merespon tantangan zaman. Penelitian ini berusaha membuka wacana dan peluang terhadap perkembangan dan reformulasi maṣlaḥah pada era kontemporer saat ini. Penelitian ini adalah sebuah studi pustaka (library research) yang dilakukan dengan metode kualitatif. Data yang dipakai berasal dari literatur buku, jurnal, dan tulisan-tulisan lain yang berkaitan dengan maṣlaḥah dan dianalisa menggunakan metode content analysis. Pembahasan dilakukan dengan mendeskripsikan data sejarah pemikiran maṣlaḥah dari proses kungkungan teks hingga determinasi akal yang kemudian diformulasikan dengan realitas kehidupan era modern saat ini. Temuan penelitian ini menunjukkan bahwa: 1) reformulasi maṣlaḥah dari aspek sejarah adalah maṣlaḥah yang selama ini hanya dinilai dalam perspektif Syari’, karena itu perlu mereformulasinya dalam perspektif mujtahid dengan mengacu kepada maṣlaḥah yang dikaitkan dengan konteks realitas permasalahan, 2) perlu untuk memasukkan konsep etika dan kemanusiaan dalam struktur maṣlaḥah, dan 3) perlu untuk mereformulasikan ijtihād berbasis kolektif dalam pengambilan maṣlaḥah guna menciptakan metodologi ijtihād berbasis maṣlaḥah yang ilmiah.

PRIBUMISASI ISLAM NUSANTARA: ANTARA NALAR BERAGAMA DAN GERAKAN SOSIAL KEAGAMAAN DI INDONESIA

This study aims to explore the values ​​of Islamic Nusantara as the reason of religiousity and spirit of religious-social movement in Indonesia. Islam Nusantara in its development comes as social-religious movement for moderate society to maintain the existence of tolerant Islamic teachings. Through the historical-sociological approach, the results of this research show the fact that there are four factors that encourage the indigenous Islamic Nusantara emerged as a social movement in Indonesia. Firstly, the historical fact of the santri-kyai's contribution through the Jihad Revolution in defending independence has reinforced that there is no dichotomy between religious teachings and nationalism. Secondly, as a result of the internalization of the value of character education through “pesantren” and “madrasah” that has proven to be a stronghold in the face of religious radicalism. Thirdly, as a continuation of the ideas of the predecessors (moslem scholars) to present a friendly, tolerant and peaceful of Islamic doctrine. Fourthly, as the realization of the responsibility of religious organizations that rely on the understanding of Islamic teachings based the value of Ahlussunnah waljamaah.

Teungku Chiek Dirundeng's Struggle in Confronting Dutch Colonial

This research discussed about the study of TeungkuChiekDirundeng’s struggle in confronting Dutch colonial. Teungku Chiek Dirundeng was one of the Moslem scholars and one of the fighters in South West Coast, who had developed human civilization and education through dayah. Moreover, he found the Dutch in order to defend the territory; the war was called by the Sabil (holy) war. The term of the Sabil War had motivated his troops and followers to have a high fighting spirit. This story was enshrined in Aceh story, namely Hikayat Teungku in Meukek. This research applied qualitative methods. It told about his birth and his struggle comprehensively. The data were collected through interviews, observation and Focus Group Discussion (FGD). The findings of this study revealed that Teungku Chiek Dirundeng as a respected figure in society. He was also identical with the dayah education since he had promoted establishing the dayah. Dayah was a building center for guiding the human to understand religious values and the sabil war ideology to defy Dutch colonial. There were some dayahs built by Teungku Chiek Dirundeng such as dayah in DamaTutong, in Meukek, in Plumat, in Labuhan Haji, and the last in Rundeng, Meulaboh. On the other hand, Teungku Chiek Dirundeng was a fighter who continually fought the Dutch. In 1893, he, along with his troops, had confronted with the other Muslims, namely Teuku Raja Hitam (UleeBalang/King of Meulaboh). In this war, Teungku Chiek Dirundeng and his troops got defeated because Ulee Balang was assisted by the Dutch.

WATER: ISLAM NORMS AND SCIENCES

Classic Moslem scholars discussed the water on starting chapters in their books. It is shown how important the water in Moslems attention as a basic need that Moslem must know. The water in Islam can be disputed in two terms. First, in the ecology perspective, second, in the mahdhah ritual perspective. In the first one, the concept imagines the water as a basic condition for life being and human as khalifah Allah fi al-Ardh. This contains ecology perspective. And the other one is for ritual condition in Islam ethic (ilm al-fiqh). Ilm al-fiqh or Islam ethic said that the water is a basic material for removing hadath (forbidden situation for taking Islamic mahdhah ritual) and cleaning najasat (the dirty materials in shariah perspective). In other hand, sciences make a new way to understand Al-quran and al-sunnah as a new interpretation of Al-quran specially in nature and all creations in universe and ritual activity in sciences prespective

The Role of Saving and Lending Cooperatives in Increasing Its Members Earning and Review Based On Islamic Law

The papers aim is to conformity with the content and spirit of the 1945 constitution, the government of the Republic Indonesia has underlined that cooperative ventures will be the pillar and accommodation of the people’s economy. A descriptive and analytic study has been conducted through the collection the data from interviews and completed questioners of the purposive sampling method. The study has reveals the services of saving and lending cooperatives to their members as well as the community are still unsatisfactory, but it has some benefit to the members. The money saving and lending contracts can be classed as reciprocal and contain the principles of freedom to contract and equilibrium. The cooperative principles are relevant with Islamic Law. It stills no consensus in opinion among the Moslem Scholars on the rate interest in money saving and lending from the cooperative.

Pesantren Religious Paradigm: Aqeedah, Plurality, and Jihad

The purpose of this study is to describe analytically pesantren religious paradigm in North Sumatera, by tracing their teaching of Aqeedah, plurality, and jihad. The study focuses on two pesantren which are considered as the largest pesantren, they are MusthafawiyahPurbabaruMandailing Natal and RaudhahHasanah Medan. Quantitatively, both pesantren have more than 1000 entries, which come from various regions of Sumatera, and even outside it. The former was the oldest traditional (salafiyah) pesantren in North Sumatera while the latter was one of the earliest pesantren in which the system refers to the modernity of Pondok Modern Darussalam Gontor. The method is qualitative research. Interview, observation, and document analysis were used to collect data. This study has found that two pesantren educated their students with moderate values. It can be seen from: First, their Aqeedah teaching mostly refers to the theological school of Asy’ari and Maturity. These two schools of theology are considered as a moderate school by contemporary moslem scholars, and as majority school of ummah in Indonesia. Second, plurality according to them is a necessity. Moslem has to seek for peaceful co-existence and mutual tolerance between the people of different religions and cultures. Third, the term jihad to them is not only in a physical war but also in intellectual, against lust and doing creative work in society.

THOUGHT OF NUSANTARA MOSLEM SCHOLARS: FIQH CONCEPTS OF SYEIKHARSYAD AL-BANJARI IN SABILALMUHTADIN

In the current context, the fiqh concepts of ulama nusantara(Nusantara Moslem Scholars) are important to be discussed as it has local wisdoms, progressivity, and adaptability in giving solutions to the society’s problems. This paper will discuss the fiqh concepts ofSyeikhArsyad al-Banjari in his book entitled SabilalMuhtadin that discusses fiqh(Islamic jurisprudence) in the perspective of Nusantara’s society, especially Banjarese society. This paper uses normative-sociological approach in analyzing the fiqh concepts of SyeikhArsyad al-Banjari, such as, zakat receivers, floating lavatory, corpse burial in coffin (tabala), and providing food for mourners. The results of the study indicate that al-Banjariwas mainly relied on “custom is law” (al-adatumuhakkamah) and “generating benefits or mashlahah and declining damage” (jalb al-mashalihwadar’ al-mafasid) in his ijtihad (independent reasoning). He also believed that law evolved according to the society’s situation and condition (taghayyur al-ahkamyata’allaqu bi taghayyur al-azminahwa al-amkinah). All of al-Banjari’s concepts are in-line with Syafi’iyyah school.
 Keywords: Ijtihad, Fiqh, Nusantara, and Sabilal Muhtadin

Imam Al Ghazali dan Kontribusinya dalam Ilmu Jiwa

This study aims to show Al Ghazali’s role in knowledge building of psychology and his theory in behaviors among the modern psychology. Al Ghazali was known of the most influential scholar in the culture of his era, especially in the field of psychology, philosophy, and Sufi. He was scholar who firstly declared the psychology is a science about human and named it as a science of interpersonal of human (muamalah), and he came with the Conditional Learning Theory many age before Pavlov, Russian Physiologic Scholar who acclaimed as the funding father of that theory.In compare the Al Ghazali’s behaviors theory with behaviors theory of modern psychology especially in behaviors ingredients has much similarity, but has hugedifferent in the source of some behaviors. He considered that heart (Al qalbu) not mind, with it various meaning as the source of some behaviors. His conclusion in this matter based on the Alqur’an and Assunnah guidences.Some Moslem Scholars in Islamic countries that used to wondered and took unselectively of western psychology should not ignore the treasure of knowledge and research produced by ancestor of them, cause it believed more related to Muslim character and behaviors. And the Muslim Scholar must remember that the truth is not merely belong to western psychology result of study and research but belong of human at large as well.

Jual Beli on line (E-Commerce) ditinjau dari Perspektif Hukum Islam

AbstrakE-Commerce has a new phenomenon in a trading transation that done by a modern society. Because it’s a new model of transaction, so the istrution law from the moslem scholars has been not founded in any classic fiqh books. Based on the reality, the ulama must to discover its law in Islam pass through ijtihad. The problems which it will be answered pass through this research limited to the following questions: (1) How is implementation of e-commerce? (2) How is implementation of e-commerce perspective of Islamic law? This research is a library research with a normative law research model. It is a research model which purposed to know the relation between arrangements of law and the law norms or the law principels. This research also using comparative approach to seek suitability between the law of e-commerce and fiqh legal maxim. The results of the research there are: (1) The implementation of e-commerce can be explained that consumers choose items to be purchased from the seller's website, then consumers transfer a number of prices to the seller's account and finally the seller sends goods to consumers (2) Based on the fiqh legal maxim, e-commerce is permitted as long as not found some forbidden elements by Islamic law which it incontrary with the Islamic muamalah principels. The conclusion is the implementation of online buying and selling can be explained that consumers choose items to be purchased from the seller's website, then consumers transfer a number of prices to the seller's account and finally the seller sends goods to consumers. As for the review of Islamic law on online buying and selling is permissible as long as there are no elements that are prohibited in Islamic shari'ah which can forbid it and not contradict the principles of muamalah. Keywords: E-Commerce, Islamic Law, Fiqh Legal Maxim, Fiqh Muamalah.

Analisis Hukum Bunga Bank Ditinjau dari Perspektif Maqashid Syariah

The background of this research is the exixtance of the difference opinion between ulama and moslem scholars about the law of interest in Islam, which is until now still not discovered the solusion opinion and it make interesting for the researcher to make a research about the object more deep and more wide. But the researcher will not use Islamic law perspective as analysis basic, the researcher will use the objectives of sharia as analysis basic.This research is limited by several problems as following: (1) Why bank interest is needed by conventional banks? And (2) How is the law of interest if observed from the objectives of syariah (maqashid sharia)?This research is a library research. In this research the researcher choose to use a conceptual approach because the purposes which need to be achieved trouhg this research is to result an Islamic law thought about the law of interest which is not being bounded by the opinions or theories launched by majority of the moslem scholar. So this research can originally refer to the objectives of the sharia as what has been agreed by majority of ulama.The results of this research there are: (1) the interest is a money amount addition which have to paid by bank to the costumer based on the loan percentage that given by bank to their customer. Bank interest is used for the Bank's operational costs, if there is no interest instrument, it is likely that the Bank will not be able to survive. And (2) there are three opinions of ulama’s law judgments about the law of interest, it is forbidden (haram), permitted (halal) and dubious (shubhat). If this law opinions observed based on the objevtives of sharia, the researcher can make a conclusion that the opinion which is permit the interest is the most according to the objectives of sharia, and it is related to the concept of hifz al-nafs (take care of soul) and hifz al-mâl(take care of property) than the opinion whih has been forbid the interest. The permitted law of interest in the concept of hifz al-nafs (take care of soul) can be located in the dharuriyah, hajiyah and tahsiniyah degrees. While The permitted law of interest in the concept ofhifz al-mâl(take care of property)can be located in the dharuriyah and hajiyah degrees. Keywords: Interest, Usury, Maqashid Sharia, hifz al-nafs (Take care of soul), hifz al-mâl (Take care of Property).

Problem Kosmologi Dalam Filsafat lbnu Rusyd

Philosophical discourse of universe creation was a phenomenon which characterized the dynamic views of Moslems scholars. This theme became an up to date topic as Moslems were faced with the exhaustive discussions to strengthen their beliefs on the existence of God and universe. In addition, this was also related to the great efforts made by the Moslems scholars to protect their concept on Tauhid and Aqeedah not to be contaminated by the thoughts aid concepts developed by non Moslem scholars. This writing aims at uncovering Ibn Rusyd philosophy on cosmology. lbnu Rusyd stated that universe was gradually created. Thus, the creation should be a process of changing one to another or change the potential into an actual creation. All these processes were done continuously in indefinite period.

Tipologi Pemikiran Cendikiawan Muslim

In the process of the development of intellectualsm, the role of Moslem scholars who were successful to make a dynamic atmosphere in Islamic thoughts to point out. They’re popular and well-socialized thoughts develop and bring posit if on the knowledge and the perception of religion in the society. The development of the scholar's Islamic thought has different characteristic and pattern which is interesting to analyze. The purpose of analysis is to enlarge our knowledge on the Islamic thought, especially those which were written in daily newspaper" Jawa Pos" during the Romadhon 1425 H. To sum up, an essay which were written by same Moslem scholars has different characteristic: first, the understandings about " Fasting" are varied. The scholar's have different perception on it. Second the different point of view creates a different way of thingking. Those are: Formalistic, Transformatic, Realistic, and Idealistic which all lead to the socio- cultural change.

Methodological and Sociological Analysis About The Fatwa Of Majelis Tarjih Muhammadiyah Concerning To The Muslim Marriage With An Ahl Al-Kitab

Relation between the different of religion comunity in the multicultural nation as in Indonesia be a natural phenomenon that it cannot be avoided. As to one of the problem that had appeared in this case is about wedding problem betweena moslem with the difference religion womans. Majority of the Indonesia religious scholars as scholar in Majelis Tarjih Muhammadiyah had been prohibiting wedding like that with various reason. while a part little of the contemporary moslem scholars have been permiting the wedding. The points which will discussed in this research is how is opinion of Majelis Tarjih Muhammadiyah about the law of wedding with the woman from Ahl Al-Kitab and its ijtihad methodology. This research should analyze the argumentation of the Majelis Tarjih that make forbidding a muslem married with the difference religion womans. This research using library research approach dan content analysis. The results of this research are: (1) Majelis Tarjih of Muhammadiyah forbidding the wedding with sad al-dzari’ah as its argumentation; (2) Majelis Tarjih’s opinion has been irrelevant because two reason, the mistake of methodology and the change of the Indonesian contemporary society (based on an empiric data). Keywords: Ahlu Kitab; Majelis Tarjih; Different Religion Marriage