Paradigm In Islamic Law Research Articles

Paradigma Hukum Dalam Perspektif Taqi Al-Din Al-Subki

The elements contained in a paradigm become a mode of thought, mode of inquiry, and mode of knowing. Through this paradigm, it will be seen how the conception and systematic thinking of scientists when looking at an object or a certain framework in understanding something. In the paradigm of Islamic law, there are broad and permissive legal principles and provisions, leaving room for human existence related to social and historical developments.Al-Subki was a Qadi, appointed by the Mamluk sultan, subject to a condition (whether express or implied) that necessitated restrictions on the Shafi'i school of thought. In addition, al-Subki is a mujtahid fi al-mazhab, that is, someone who is able to build a paradigm of rational law based on the elements of ikhtilaf in a school

Epistemologi Fikih Filantropi Masa Pandemi Covid-19 di Indonesia

Handling economic problems in Indonesia during the Covid-19 pandemic necessitates the importance of cooperation from all elements of society with the government in offering various alternative solutions. This study intends to explore and identify the epistemological basis of Islamic law in the construction of the Fatwa Majelis Ulama Indonesia (MUI) Nomor 23 Tahun 2020 Tentang Pemanfaatan Harta Zakat, Infak, dan Shadaqah Untuk Penanggulangan Wabah Covid-19 dan Dampaknya. This qualitative research is in the form of a literature review with a normative philosophical approach. The analytical theory used is the paradigm of idealism and realism of Islamic law. The results of the study state that the epistemological construction of Islamic law in the MUI fatwa Number 23 of 2020 tends to emphasize the idealism paradigm of Islamic law. First, universal ethical moral values ('am) which are taken from the theological text basis (nas). Second, the use of the rules of Islamic law (qawaid fiqhiyah) which emphasizes the rules of maslahah mursalah (public benefit).Third, the opinion of classical scholars.This finding shows that the presence of the MUI Fatwa in responding to contemporary problems is not always based on the realism paradigm of Islamic law, but also based on the idealism paradigm of Islamic law by making the foundations of theological normative texts and the repertoire of classical fiqh thought as the epistemological basis of its fatwa, as well as in addressing socio-economic problems that arise. caused by the Covid-19 pandemic in Indonesia.

EPISTEMOLOGI FIKIH DI MEDIA SOSIAL (KONSTRUKSI EPISTEMOLOGIS FATWA MAJELIS ULAMA INDONESIA TENTANG BERMUAMALAH)

This study intends to explore and identify the epistemological basis of Islamic law in the construction of the Fatwa Majelis Ulama Indonesia (MUI) Nomor 24 Tahun 2017 Tentang Hukum dan Pedoaman Bermuamalah Melalui Media Sosial. This qualitative research is in the form of a literature review with a normative philosophical approach. The analytical theory used is the paradigm of idealism and realism of Islamic law. The results show that the epistemological construction of Islamic law in the fatw MUI a on Law and Guidelines for Bermumalah Through Social Media integrates the tendencies of the idealism and realism paradigm of Islamic law. This can be seen from the various elements that underlie the construction of the epistemological building of the Fatwa MUI. First, universal ethical moral values ​​('am) which are taken from the theological text basis (nas). Second, the use of the rules of Islamic law (qawaid fiqhiyah) which emphasizes the rules of sadd al-zari'ah (preventive action) and maslahah mursalah (public benefit). Third, the opinion of classical scholars. Fourth, scientific explanations of expert opinions regarding the use of social media

The Use of Maqasid al-Sharia in Maritime and National Resilience Context

This study examines the integration between the paradigm of Islamic law and maritime affairs and national resilience. The maqāṣid al-sharīʻa play a significant role in providing a mechanism and its practical strategies on how maritime affairs and national resilience are to be developed. This study aims at highlighting how Islamic law is integrated with maritime affairs and national resilience in the way they are connected with the spiritual-religious values in their development. The maritime affairs and national resilience are used as the object of analysis in an attempt of integrating Islam and natural and social sciences. The study comes to justify the significant role of Islamic values to be put in maritime affairs and national resilience as the foundation to protect life, assets, and future generation.

The Use of Maqasid al-Sharia in Maritime and National Resilience Context

This study examines the integration between the paradigm of Islamic law and maritime affairs and national resilience. The maqāṣid al-sharīʻa play a significant role in providing a mechanism and its practical strategies on how maritime affairs and national resilience are to be developed. This study aims at highlighting how Islamic law is integrated with maritime affairs and national resilience in the way they are connected with the spiritual-religious values in their development. The maritime affairs and national resilience are used as the object of analysis in an attempt of integrating Islam and natural and social sciences. The study comes to justify the significant role of Islamic values to be put in maritime affairs and national resilience as the foundation to protect life, assets, and future generation.

DEMOCRATIC POLITICAL SYSTEM IN THE PERSPECTIVE OF MAQASID SHARIA : STUDY ANALYSIS OF YUSUF AL-QARADAWI’S THOUGHT

Abstract: one of the big issue that is still debatable about the relationship between Islam and politics is how legitimate the democratic political system is in the paradigm of Islamic law. This study will explain the alternative paradigm in evaluating the democratic system based on the paradigm of Islamic law from a prominent Muslim intellectual named Yusuf al-Qaradawi. This research is a qualitative research in the form of literature review. The primary source used is a variety of literature that explains Yusuf al-Qaradawi's thoughts about democracy in Islam. The method used is the method of interpreting the thoughts of the figures with the maqasid al-shari‘ah approach. There are two big conclusions of this research. First, Yusuf al-Qaradawi's view of democracy can be said to be grounded in its epistemological foundation in understanding the concept of an Islamic state. For al-Qaradawi, an Islamic state is a system of government that provides policy improvisation space in the benefit of social, economic and political life based on the objectives of Islamic law (maqasid shari'ah). Second, Yusuf al-Qaradawi's view, the democratic system can be compatible with Islam if the principles in the democratic system are in accordance with various values which are the spirit of the objectives of Islamic law (maqasid shari'ah), such as the value of justice, equality of rights, freedom, etc. so. To realize this, the democratic system must carry a holistic vision and mission, which includes worldly and ukhrawi benefits as well as individual and social benefits. Keywords: Validity, democracy, Yusuf al-Qaradawi, maqasid shari’ah;

Al-Waḥdah (Unity) in Islamic Law and its Implications for National Integration

Islamic law rests on the precipice of Al-Waḥdah (Unity) which includes unity of the humankind, unity between human being and his environment, unity within the family, unity of the state and society, of government and politics, of economy and culture, and law and policy. Several studies have tended to focus on the negative perception of Islamic law as inimical to national unity while little or no attention has been paid to its cohesiveness and civilizational dialogue with other cultures. Using socio-historical approach, the paper examines the concept of Al-Waḥdah paradigm in Islamic law in Nigerian legal context with a view to understanding the implications concerning national integration. It was discovered that Islamic law had contributed to the integration of Nigeria as a nation in the past and its neglect would not augur well for national integration. This paper therefore, argues that Islamic law has a lot to offer in the national integration of the country especially in the areas of education, economy, socio-psychology, morality and diplomacy. Finally, the paper affirms that the significance of Islamic law transcends religious sphere, and hence, should be allowed to play its role in the national integration of the country. It suggests that for national integration to be achieved in Nigeria, Muslims in the country need to re-orient themselves to the concept of Al-Waḥdah articulated by Islamic law.

Pembaruan Hukum Islam: Menimbang Tawaran Pemikiran ‘Abd Al-Lâh Ahmad Al-Na’îm

One of the Islamic doctrines that becomes methodological base for Muslims in the implementation of Islam is ijtihad. This concept, however, is considered valid when it is applied in zhanni areas, not qath¢i ones and Islamic theology. In Islamic terminology, terms syari’ah and fiqh are interesting to be discussed and reformed. Transformative-contextual Islamic thinking reconstruction is greatly needed so that syari’ah exists and is able to become modern constitution. One of the Islamic thinkers who tries to actualize ijtihad as a scientific paradigm in Islamic law reform is Abdullah al-Na’im. He tries to reform Islamic law in facing Western law development, especially in public Islamic law. This writing is constructed to see Al-Naim’s intellectual setting and how he sets ijtihad as scientific paradigm in Islamic law. Hopefully, this writing will give perspectives in facing modern problems.

Otoritas, Keberlanjutan dan Perubahan Fikih Dalam Pandangan Wael B. Hallaq

The existence of fiqh becomes one of the intellectual and integrated treasures in thedaily practices of Moslem. Thus, it has been internalized in the understanding of both the authors and the readers. The existence of fiqh that has been rooted since the beginning of Islam to the recent days has encouraged many scholars to study, research, and conduct several explorations. One of the scientists who are concerned about studying Islamic law is Wael, an orientalist whom views are considered to be sympathetic to Islam. In the study of fiqh, Wael presents new findings related to the authority and sustainability of Islamic law in the framework of madhhabs that he has studied. He concluded that the stagnation of Islamic law has never occurred. Indeed, it continues its progress from time to time. According to him, the statement that the door of ijtihad of having been closed is wrong. Thence, it becomes new thing in the intellectual world of Islam, which was once known as experiencing stagnation with the closing of ijtihad. Wael B. Hallaq examined specifically through intellectual work in three madhhabs of Islamic law, namely Thabaqat with historical analysis. He found a hierarchy of authority madhhab followers that he broke down from Thabaqat Maliki, Shafi'i and Hanafi.However, the established new characteristics which he discovered by shifting anti-taklid paradigm in Islamic law. The division of authorities that he described can be seen as a positive side of taklid. It becomes the point of the criticism, in which talkid should be the parameter of stagnation or sustainability of the law madhhabs in Islam. Therefore, the study conducted by Wael needs to be interconnected using other approaches to make it into amore comprehensive corrections.

REDEFINISI HUKUM ISLAM DALAM KERANGKA DEMOKRASI Eksperimentasi Muḥammad Shaḥrūr

This article discusses the new paradigm of Islamic law which is offered by Muḥammad Shaḥrūr, one of the contemporary Muslim thinkers from Suria. The focus of study on this paper is an attempt to criticize the redefinition of the basic concepts of Islamic law in Shaḥrūr view. According to Shaḥrūr, redefinition basic concepts in Islamic law must be done as a starting point to develop a new paradigm of Islamic law which is based on anthropocentric approaches, —not theocentric approaches. Islamic law is civil law, democratic and positive. Therefore, it requires more realistic, elastic, and implementable definition. For Shaḥrūr, the existence of a new paradigm, such as the democratization of Islamic law is very urgent in the midest of the Muslim world today on the era of the nation state, constitutionalism and democracy, rapidly changing, and increasingly distant from the tyranny period