Muhammad Syahrur Research Articles

Diskursus Penafsiran Milkul Yamin di Kalangan Ulama Klasik dan Kontemporer: Teks dan Konteks

The institutionalised ownership of slaves (milkul yamin) is one of the focuses of the Quranic critique of the culture of exploitation and domination in Arabia. The Quran views that it must be eliminated immediately even though it is done gradually, including through expiation in the form of freeing slaves and allowing masters to have sex with their personal slaves as stated in several verses of the Quran. The concept of milkul yamin is interpreted with various views by classical and contemporary scholars, even with interpretations that go beyond previous scholars towards non-marital sexual relations. This research will reveal how classical and contemporary scholars interpret the concept of milkul yamin found in the Quran and hadith both in text and context. This research is a qualitative type of library research with data derived from sources related to the concept of milkul yamin in the form of books, books, articles and various writings in online media then analysed using descriptive methods. The results showed that the majority of classical and contemporary scholars viewed the verses on slavery as Islam's attempt to raise the status of slaves from religious prisoners of war at that time. As well as a way for Islam to gradually abolish the practice of slavery that has been entrenched and rooted in jahiliyyah Arab society. Meanwhile, according to Muhammad Syahrur's reinterpretation, it is more subjective, influenced by modern culture and civilisation, and does not carefully consider the historical meaning of the verse and the main message contained in the verse.

Analysis of Muhammad Shahrur's thoughts on the concept of justice in polygamy: A perspective of contemporary islamic law

Polygamy, the practice of marrying more than one partner simultaneously, has been a controversial topic in Islamic law and modern society. Although it is permitted in the Qur'an (QS. An-Nisa` 3) on the condition of justice, its practical implementation is often debated, especially in relation to the principles of justice established. In this context, Muhammad Syahrur provides an innovative view on polygamy. He uses a linguistic and contextual hermeneutic approach to interpret Qur'anic verses, arguing that justice in polygamy includes not only equal distribution of material goods but also emotional and psychological well-being. Shahrur argues that the application of polygamy must take into account the social context and changing times, emphasizing that monogamy may be more appropriate for achieving justice in modern societies. The critique of traditional interpretations and the emphasis on the unattainable principle of absolute justice are the main focus of his methodology. The analysis suggests that although polygamy is permitted, practical justice may be more easily achieved through monogamy in the contemporary context, in accordance with the principles of human rights and gender equality.

Poligami: Berdasarkan Konsep Keadilan dan Teori Limit Muhammad Syahrur

The discourse of polygamy is a topic that reaps the pros and cons among the Ulama’ and becomes a hot topic of discussion at the community level. Full attention of Islam regarding polygamy is not merely done without conditions, but Islam stipulates polygamy on the condition that is fair and there are restrictions on the number of wives. For his reason, reseaechers are interested in conducting deeper research on the concept of justice of polygamy practices which are still a topic of debate among the public based on the limit theory by Muhammad Syahrur. This research uses a critical descriptive research model using a methodological comparative study approach to analyze problems using the limit theory put forward by Muhammad Syahrur. This type of research is library research. Te source of this research is obtained from two legal materials, namely premier and secondary. This research uses isis analysis technique to find data to adjust the object to be studied by focusing on criticism. So that the results found that Syahrur argues that polygamy must be implemented when there has been a probem in society, but also must leave the practice when no problem is found. The concept of the limit theory put forward by heading the two conditions, including the first, namely that the second, third, or fourth wife is a widow who has an orphan, than the second is the fear of not being able to be fair to the orphan, as stated in Surah An-Nisa’ verse 3.

PANDANGAN SOSIOLOGI HUKUM ISLAM TERHADAP TRADISI MAPPATOPO PADA JAMA’AH HAJI SUKU BUGIS PERANTAUAN DI KABUPATEN FAKFAK

The difference traditions from each region in Indonesia makes them unique and has their own characteristics also. One of them comes from the South Sulawesi area, namely the Mappatoppo tradition. In the application of this tradition, there are several different views, therefore the author will explain how this tradition is seen from the perspective of Islamic law. This research uses the field research method, by collecting data based on the results of observations and interviews with some people. The Mappatopo tradition is a tradition of awarding titles Hajj who carried out by the overseas Bugis community in Fakfak Regency after performing the Hajj pilgrimage. The results of this research show that from the perspective of Islamic law, there are several deviations in the implementation of this Mappatopo tradition, namely the pilgrimage procession carried out by someone strange, the use of songko’ haji (head covering) for women who do not cover their private parts completely, and excessive use of jewelry (gold) and excessive decoration (Tabbaruj). According to the limitation theory of Muhammad Syahrur, there is no prohibition on implementing it as long as it can be applied according to limits that are in accordance with the teachings of the Shari'a, neither more nor less than what has been determined by the Shari'a.

The Epistemology of Muhammad Syahrur’s Islamic Thought and Its Implications for the Study of Polygamy Hadith

The Epistemology of Muhammad Syahrur’s Islamic Thought and Its Implications for the Study of Polygamy Hadith

Strukturalisme Linguistik Sebagai Pendekatan Tafsir Kontemporer; Kajian Kritis

This paper is titled "Linguistic Structuralism as a Contemporary Interpretative Approach." The research presented in this paper is conducted using a library research model and is presented in a descriptive-analytical framework. It seeks to describe the language analysis methods used by some Islamic scholars as approaches to reading the Quran. The method in question is Linguistic Structuralism, which was developed by Ferdinand de Saussure. Linguistic Structuralism, originally a study of pure language, has found its place as an analytical tool in the hands of Islamic scholars. This linguistic study attempts to uncover meanings and significances that give rise to a "new" meaning, a meaning represented by the text itself. Two scholars who explicitly apply several aspects of linguistic structuralism in their Quranic readings will be discussed: Muhammad Syahrur in "al-Kitāb wa al-Qur’ān Qirā’ah Muʻāṣirah" and Mohammed Arkoun in "Lectures du Coran."

Pemikiran M. Syahrur Tentang Pakaian Perempuan (Dari Konfigurasi Aurat Hingga Konstruk-Hirarki Pakaian Perempuan Dalam Islam)

Muhammad Syahrur's thoughts in several disciplines of discussion are quite interesting for researchers to discuss, both in the fields of hadith, interpretation, fiqh and al-Qur'an hermeneutics. The main theory that is of great interest to researchers in Syahrur's thinking is the limit theory. And it is from this limit theory that Syahrur constructs his thoughts on many Islamic themes, including women's clothing, genitalia and so on. So in this study, we will examine in more detail about the construction of aurat and women's clothing according to Muhammad Syahrur. This research is a library research with the main sources are two literatures by M. Syahrur, namely: Al-Kitabu wa Al-Qur`anu and Nahwa Al-Jadidah li Al-Fiqh Al-Islamiy. While the secondary sources are other relevant literature. The conclusion of this article is that the construction of Muhammad Syahrur's thoughts on genitalia, headscarves, zinah (jewelry), and all women's clothing comes from the limit theory (hudud). According to him, the upper and lower limits depend on the extent to which a person is ashamed. However, not all of his thoughts tend to contradict the majority of Muslim scholars, because before he concluded the limit theory (hudud), he also explained about the derivation of words, such as headscarves, khimar, and others.

Comparison Between Double Movement Theory and Nazariyyat Al-Hudud Theory on Polygamy Laws

The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory (nazariyyat al-?ud?d), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.

Toward an Inclusive Theology: Muhammad Syahrur's Hermeneutical Interpretation of Religious Inclusivism based on Al-Quran

Many experts have authored studies on Islamic theology to understand religion in the modern world. The research on religious inclusivism is essential for the literature since many researchers continuously contribute to it. This work analyzes Muhammad Syahrur's Hermeneutical interpretation of religious inclusivism based on the Al-Quran. This research is library research using a qualitative-descriptive approach to explore the views, ideas, concepts, and theories given by Muhammad Syahrur linked to inclusive theology. This research claims that religious inclusivism is highly necessary to create and expand as human interaction is becoming intensive in the current digital era. In this regard, Syahrur proposes a solution to establish religious inclusivism by referring to the content of the verses of the Quran as a moral foundation and life advice that contains verses that are always under the situations of the times and locations. This study offers theoretical implications to improve the literature based on religious inclusivism.

Teori Limit Muhammad Syahrur Dalam Studi Islam

This paper want to describe the methodology and application of Muhammad Syahrur’s theory in Islamic law. the method of this paper used library research. At the application level, Syahrur offers a limit theory which is described as God’s command expressed in the Qur’an and Sunnah to provide a minimum and maximum limit for all human action. Syahrur give an example of the application of limit theory which was developed into six, there are: the position of the minimum limit, the position of the maximum limit, the position of the minimum and maximum limits simultaneously, the position of the minimum and maximum limits simultaneously at one point, the position of the maximum limit with one point approaching a straight line without contact, and the position of the ‘positive’ maximum limit may not be crossed and the negative lower limit may be crossed.

THE DYNAMICS OF DETERMINING MEN AND WOMEN PARTS IN MATTERS OF INHERITANCE: A STUDY OF ISLAMIC LAW

This study aims to understand the dynamics of determining men's and women's parts of inheritance; explore thoughts related to contemporary inheritance formulations and analyze from the perspective of Islamic law. This research is library research with a normative approach (syar'i) in the form of literary analysis relevant to the research object, namely the problem of determining men's and women's parts in the matter of inheritance. The Data were collected structurally through document studies to be analyzed. Data analysis uses qualitative content analysis of relevant documents or texts. As a result, determining men's and women's parts is currently experiencing dynamics 2:1 to 1:1 concept because of the influence of customary law, distribution of inheritance level of welfare, and understanding of the justice value, which has shifted from based on rights and obligations which interpreted according to the needs and conditions. The 1:1 inheritance paradigm or equal share results from the ijtihad of contemporary figures by understanding the value of justice according to social situations and conditions and gender equality. The initiators of the paradigm are Hazairin with the concept of bilateral inheritance, Munawir Sjadzali with his quantitative equation, Muhammad Syahrur, and Yahya Harahap with the concept of boundary theory. According to Islamic law, the 1:1 inheritance paradigm is not contradictory because the goal is for the common good of the heirs. In contrast, the benefit is the goal of Islamic law through the concept of maqāsiḍ sharia by paying attention to the rules of Islamic law, such as not ignoring human rights and maintaining good relations with others. Islamic law, with its flexibility that can adapt to place, time, and circumstances, has also blended with the results of contemporary ijtihad.

WAHBAH AZ-ZUHAILI AND MUHAMMAD SYAHRUR'S METHODS OF THINKING ABOUT MARRIAGE

By the development of the times, of course the law will also experience various developments, as well as marriage law in Islam which follows the times according to human needs. The development of marriage law in Islam cannot be separated from the existence of Muslim scholars. Among these Muslim scholars are Wahbah az-Zuhaili and Muhammad Syahrur. Az-Zuhaili uses the Usul fiqh method in interpreting the laws regarding marriage, while Syahrur uses the hermeneutic method in interpreting the laws regarding marriage. The two of them certainly have different opinions, because the way of thinking and the method of interpretation used are different. Therefore, through this study, the two thoughts of these figures will be examined. The results showed that the two figures viewed marriage as a very solid contract. The difference of opinion between the two lies in the discussion of the dowry, where according to az-Zuhaili that the dowry is a gift from the husband to the wife, and the wife has the right to get it because of the contract or actual intercourse, while Syahrur said the dowry is an unconditional gift given by the husband to his wife. Likewise, there are differences of opinion in the provision of a living and in terms of divorce and polygamy.

Muhammad Syahrur's Thoughts on Inheritance from the Maqasid Al-Shari’ah Perspective and Hermeneutics

Muhammad Syahrur is a phenomenal figure who can present a contemporary reading model packaged with hudud theory. Through his hudud, inheritance is hududullah which has al-Hadd al-'Ala wa al-Hadd al-'Adna (maximum and minimum limits). The maximum limit for boys is two girls, and the minimum limit for girls is one boy. The purpose of this article is to assess Muhammad Syahrur's thoughts on inheritance using two approaches, namely maqasid al-Shari'ah and hermeneutics. This research is qualitative research with the type of library research (library research), using library research aimed at revealing how Muhammad Syahrur thought about inheritance using maqasid al-Shari'ah and hermeneutics. Whereas in data collection using library techniques. The data analysis process uses content analysis techniques (content analysis), namely research techniques by looking for the form, structure, as well as regular patterns in the text and make conclusions based on regularity found. This study uses a text-to-context approach, which seeks to reveal and examine in depth Muhammad Syahrur's contemporary reading of the inheritance verse with the hudud theory. Results this study concludes that: 1) Maqasid al-Shari'ah to be addressed is maqasid al-Khassah, because setting a minimum limit for girls is an attempt to reject darar (danger), as Jalbu al-Mashalih wa Dar'u al-Mafasid, namely when girls contribute more than boys but share less. The existence of maqasid al-Khassah because it considers maslahah al-Khassah which is aimed at girls when they are more beneficial to the heir than boys. 2) On the hermeneutic plain, Syahrur rereads the inheritance verse which is hududullah. If the heirs consist of one son and two daughters, the daughter's share cannot be less than 25% and the son's share cannot be greater than 50%. If girls get 30% and boys 40%, then this division does not come out of hududullahh.

KONSEP NUSYUZ MENURUT SYEKH NAWAWI AL-BANTANI DAN MUHAMMAD SYAHRUR

This study examines the public’s lack of understanding of the NUSYUZ concept, which still means discrimination against one gender only. Scholars also interpret it not only to punish one party. However, there are still many who understand that NUSYUZ is an act of a wife who disobeys her husband, it could also be a husband who is NUSYUZ against his wife, and here the author wants to examine the lack of understanding of NUSYUZ which is still discrimination from gender issues. The purpose of this study is to eliminate gender discrimination from the concept of NUSYUZ that exists in the wider community, there are none other than wives who are NUSYUZ against their husbands and husbands who are NUSYUZ against their wives. In this study using the Library Research method or library research, by reading and dissecting books and previous studies in order to find the problem of gender deviations that occur in the NUSYUZ concept. The results of this study state that the concept of Nusyuz according to Sheikh Nawawi Al-Bantani that it is permissible to reprimand with physical touch as long as it does not cause injury, Muhammad Syahrur’s concept makes women honor. While the content discussed is gender equality and eliminating discrimination against men and women, the benefits resulting from the loss of discrimination make everyone bear the same burden between the relationships of men and women who are already married.

Tekstualisme Dan Kontekstualisme Penafsiran Kontemporer Terhadap Surah Al-Maidah Ayat 38

Not only in the interpretation of classical scholars, the discourses on the interpretation of contemporary scholars are also diverse and often contradictory even though they are based on the same textual basis of the Qur'anic verse. This study intends to identify trends in the interpretation of contemporary scholars regarding the legal sanctions for cutting hands in al-Maidah verse 38. Two figures are studied, namely Ibn 'Asyur and Muhammad Syahrur. The main data objects of this research, namely the book (kitab) entitled al-Tahrîr wa al-Tanwîr by Muhammad Tahir Ibn 'Asyur and al-Kitâb wa al-Qur'ân Qirâ'ah Mu'âsirah by Muhammad Syahrur, and. The research approach used is a philosophical normative approach. The analytical theory used is the typology of textualism and contextualism of interpretation which was coined by Abdullah Saeed. Meanwhile, the nature of the research approach is descriptive-analytic. The results of the study conclude that the interpretation of Ibn 'Asyur regarding al-Ma'idah verse 38 can be categorized as a textual interpretation. This can be seen from his interpretation of the literal meaning of the verse. In addition, Ibn 'Asyur also tends to view the punishment of cutting off hands for thieves to be a deterrent as well as a preventive measure. In contrast to Ibn 'Asyur, Muhammad Syahrur's interpretation of the legal case of cutting off hands for thieves includes contextual interpretation. This can be seen when he understands the verse of cutting off hands for thieves, he gives a meaning that gives space for ijtihad for an area and conditions to enforce punishments that have a deterrent effect, provided that it must not exceed the punishment of cutting off handsas the maximum limit.

PROBLEMATIKA PASAL 174 AYAT (2) KOMPILASI HUKUM ISLAM: TINJAUAN TERHADAP DASAR-DASAR HUKUM YANG MENDUKUNGNYA

This discussion describes the problem of inheritance of girls who spend all of their parents' inheritance, this problem arises when the Qur'anic verse clearly states that the share of inheritance for girls if they are not accompanied by boys will only get half if they are alone, while if two or more get two-thirds. of the total inheritance. The Compilation of Islamic Law (KHI), which is the main reference for the Indonesian Religious Courts in resolving inheritance problems for Indonesian Muslims, requires daughters to spend the entire inheritance, after the share of the father, mother, husband or wife. This is generally illustrated in Article 174 paragraph (2) of the KHI, so that the existence of this article seems to be very contrary to the qath'i argument that states the inheritance share of girls. The purpose of this paper is to describe the existence of Article 174 paragraph (2) of the KHI in resolving the inheritance problems of girls in Indonesia, precisely in the Religious Courts, as well as the legal arguments that support it which are certainly in the Islamic legal order. Based on the discussions that have been carried out, it was found that the application of Article 174 paragraph (2) as intended has often occurred in the Indonesian Religious Courts, this started from the Supreme Court Decision No. 86 K/AG/1994 and No.184 K/AG/1995 which are the forerunners of every existing decision. Then the supporting arguments are also very numerous, starting from the opinion of Ibn Abbas ra, the opinion of the Shia School, the opinion of an Islamic scholar, namely Muhammad Syahrur and also Hazairin who is an expert on Islamic inheritance in Indonesia.

Kebutuhan Pembaharuan Hukum Islam Sesuai Dengan Kebutuhan Zaman Kontemporer

The problems faced by Muslims are increasingly complex. The challenges of modern life cannot be overcome simply by citing old religious interpretations. Not only because they are irrelevant, but because old interpretations often create new problems. How much terror, violence, discrimination, and dehumanization is done by referring to religious texts. The research method used is descriptive qualitative with a phenomenological approach. Data collection by observation, interviews, and documentation. Data analysis was carried out by means of data documentation, data reduction, data display and drawing conclusions. The results of the study show that the paradigm shift in the methodology of Islamic law carried out by the figures has implications for aspects of Islamic law both methodologically and discourse. Therefore, the method of reforming Islamic law is not a method that can be separated from the renewal of thoughts that move from the sacred texts that can be understood and then carried out in the context of the modern world which of course is no longer the same as the context of the time of the prophet. So that there is an offer of renewal of contemporary Islamic law methods including Fazlur Rahman, Muhammad Syahrur.

Muhammad Syahrur’s View About of Ummiyatu Muhammad or Illiterate of Prophet Muhammad SAW

We have known that many Muslims consider his beloved prophet MuhammadSAW was illiterate. It was based on many evidences, Quran evidences, prophetic hadithevidences, and history evidences. However, this claim is still far from right because it hasbeen known that Prophet Muhammad had great intelligences. Before being a prophet orapostolate, Muhammad was known with many epithets among his people, such as al-amien.He was also wise man who could give solution when many tribes at Mecca want to fightjust to appoint of who has the right to put “hajar aswad”. Muhammad Syahrur, a modernIslamic scholar, denied that claim and tried to reveal the real meaning of ummi in Quran.Fortunately, Muhammad Syahrur did not writing about this topic only in his masterwork“al-Kitab wa al-Qur‟an; Qira‟ah Mu‟ashirah”. However, this topic is still an interestingtopic to be discussed.

PEMIKIRAN MUHAMMAD SYAHRUR; TEORI NADZARIYAH HUDUD DAN APLIKASINYA

One of the great thinkers in the contemporary era is Muhammad Syahrur, a Syrian liberal Islamic figure. Through his controversial works, al-Kita>b wa al-Qur’a>n: Qira>’ah Mu’a>shirah, (al-Kitab and al-Qur’an: a Contemporary Reading) Syahrur introduces a new theory of Quranic interpretation, called as the theory of limits. He asserts that the theory of limits is an approach within ijtihad (individual interpretation) to study the muhkama>t verses (clear and direct verses of law) of the Qur’an. The term limit (h}udu>d) used by Syahrur refers to the meaning of “the bounds or restrictions of God which should not be violated, contained in the dynamic, flexible, and elastic domain of ijtihad.”. By using the descriptive-analytical method, the article is talking about the contribution of the theory of limits in qur’anic interpretation that makes significant contributions to the enhancement of Qur’anic studies.

Studi Komparatif Pemikiran Muhammad Syahrur dan David S. Powers Tentang Hukum Waris Islam

The thought of Islamic law always develops along with changing times, places, and social conditions, and this cannot be separated from the approach applied by every scientist in performing ijtihad. This article reveals a comparative study between Muhammad Syahrur and David S. Powers, who have different backgrounds in interpreting the law, especially inheritance. Syahrur has formal educational experience in the field of engineering. In turn, he studied Islam intensely, while Powers is indeed formally educated in the Islamic world, and although they both use different approaches, they almost have the same view. For Syahrur, there is no absolute specific percentage limit in wills, but the number of wills can be determined by the choices based on the best conditions, in his opinion. Likewise, with inheritance law, the 2: 1 rule for men and women is also not absolute. Under certain conditions, the distribution of property can be 1: 1. Meanwhile, Powers, this testamentary term, is increasingly related to Shahrur's inheritance. It is just that it is intended for heirs whom Ashabul Furudh blocks. Another term that Powers introduced was inheritance ab intestine which was no different from Shahrur's thought. However, it was valid for 2: 1 if the heir was in primary status and 1: 1 if the heir was in the second position.