Spirit Of Islamic Law Research Articles

PENGEMBANGAN PEMBELAJARAN PENDIDIKAN AGAM ISLAM MELALUI PENDEKATAN INTERDISIPLINER DI SEKOLAH MENENGAH ATAS (SMA)

The industrial era 4.0 demands that educational institutions must be able to transform into all-digital institutions, as the assumption does not rule out the possibility that with the rapid progress of science and technology there will be global changes and will affect the values, attitudes or behavior of students' lives and modern society, it could be These values, attitudes and behaviors are in line with the teachings of Islam and support the success of development. On the other hand, it could be contrary to the teachings of Islam and even do not support the success of development, such as weak religious beliefs, individualistic, materialistic, hedonistic attitudes. criticisms of the weaknesses of the implementation of Islamic religious education in schools, such as (1) in the field of theology, there is a tendency towards fatalistic understanding. (2) The field of worship is only taught as a routine religious activity and is not emphasized as a process of personality formation, (3) the field of morals is oriented towards politeness and has not been understood as a whole religious human person, (4) the field of fiqh tends to be taught as a boundary of governance. rules that will not change over time, and do not understand the dynamics and spirit of Islamic law, (5) Islam tends to be taught as a dogma and does not develop rationality and love for science and technology advances, (6) the orientation of studying the Qur'an still tends to on the ability to read texts, has not led to understanding meaning and extracting meaning. There needs to be positive and reactive innovation towards the Islamic religious education learning system so that it becomes more effective, namely through an interdisciplinary approach. This interdisciplinary approach in Islamic religious education is able to bring a new atmosphere for students to keep trying to learn so that noble ideals are achieved. Islamic religious education with an interdisciplinary approach has been able to change the form and way of learning Islamic religious education from classical learning to modern learning.Keywords: Islamic Education Learning, Interdisciplinary Approach, Learning Effectiveness

ISLAMIC BANKING DISPUTE RESOLUTION: THE EXPERIENCE OF MALAYSIA AND INDONESIA

The dispute resolution mechanism in a country involving Islamic banking depends on its applicable law. A workable mechanism guarantees a harmonious settlement and ensures justice is upheld in conjunction with the spirit of Islamic law. This study aims to analyse various mechanisms to resolve Islamic banking disputes in Malaysia and Indonesia by referring to the latest legal and judicial developments in both jurisdictions. It adopts doctrinal and comparative legal research methodology whereby the relevant primary and secondary sources of law were meticulously appraised. Findings of this study reveal that both countries have their own unique way of dealing with Islamic banking and finance cases. In Malaysia, the jurisdiction is vested in civil courts with mandatory reference to the SAC in deciding Shari’ah issues. Regarding Indonesia, Article 55 (1) of Law No. 21 (2008) provides that a Religious Court shall have jurisdiction to hear matters involving Islamic banking disputes, unless there is an agreement stating that the dispute resolution should be done in another manner, provided the chosen manner does not contradict with Shari’ah principles. There is also an option to refer to the Dewan Shari’ah Nasional Majlis Ulama Indonesia for expert opinions. Both jurisdictions also acknowledge alternative dispute resolution as a mechanism for dispute settlement. This study emphasises the need to enhance the knowledge and in-depth understanding of judges in the relevant field of law; Shari’ah law for civil court judges and civil law for religious court judges, to facilitate the dispute resolution process.

Hukum Islam: Dialektika Konsep Ta’abbudi dan Ta’aqquli

This paper aims to find out the concept of ta'abbudi and ta'aqquli in Islamic law, Ta'abbudi which is interpreted as a religious understanding that must be followed without having to question the reasons behind a religious sharia commandment. Meanwhile, ta'aqquli which is interpreted as a religious understanding that is born from the spirit of Islamic law is revealed. The method used in this study is based on a literature review. The data collected is based on the search for several documents, literature, scientific journals related to the context of this study. The analysis was done descriptively. The results of the study found that Ta'abbudi is absolute, static, and its existence is not based on mere outward benefit, while ta'aqquli is relative, not static, and its existence is based on the benefit of humans so that it is rational. However, every ta'aqquli must contain the values ​​of worship. On the other hand, every ta'abbudi contains benefits for humans. These two concepts have contributed greatly to the development of Islamic law

CHILD CUSTODY: A RIGHT OR A DUTY (A STUDY OF AN APPROACH TO AMEND ARTICLE 57 OF THE IRAQI PERSONAL STATUS LAW)

The current century has witnessed a revolution in different fields which required some legal rules to be reformulated to adapt with the volume of challenges imposed by the contemporary life on marriage life in general, on the children, which are the most important thing that may result from marriage, and on the importance of caring for their needs. As God has divided the parents’ duties in caring for their children throughout the stages of their liv.es. He laid upon the mother the responsibility of caring for children starting from pregnancy, delivery, breastfeeding until infancy. While He, especially, assigned the father the responsibility of what comes after. But sometimes a child may lose one or both parents; and here the question arises about who shall take custody and what is the period required to satisfy that right. Article (57) of Personal Status Law No. (188) for the year 1959 has answered this question with its nine clauses and confirmed the necessity of caring for the child’s best interest and prioritizing it over the parents’ rights. However, the Iraqi Parliament has adopted an amendment of this Article in its latest proposals under the pretext of being in line with changes of everyday life with the assurance of applying the spirit of Islamic Law. It discussed the transmission of the child’s custody from the mother to the father after the age of seven in opposition to the current law that grants the mother this right until the child turns fifteen years of age; it also stipulated that the mother shall not get married in order to attain custody over the child which is regarded as a Statutory Offence represented in forcing the mother not to get married during which she holds custody over the child. Meanwhile, it did not stipulate over the father abstinence from marriage in order to attain custody over his children. The amendments have also showcased the entitlement of the grandfather’s right in custody rather than the mother in case the father died or didn’t fulfill the conditions of custody. By doing so, the rule would deprive the mother from her child upon turning seven years of age without attention being paid to the subsequential feeling of instability such decision causes to the child. The parliament should have tried to balance between the child’s right of maternal tenderness or paternal security. This is the aim of our research which will shed light on this subject in two scopes, the first of which focuses on educating the people of the right of custody and its period, and the second of which is dedicated to discussion of amendments and making proper recommendation.

SYARIAT SIMBOLIK DAN ISLAMISASI NEGARA: Eksperimentasi Perda Syari’at Sebagai Jalan Baru Menuju Negara Islam

Abstract This paper discusses one of the phenomena that erupted Post-Reformation is a desire to make rules in areas removed from the spirit of Islamic law. Appearing later legislation on dressmaking, ask for compensation as well curfew for women. Understanding Islamic Sharia in the context of a plural society like Indonesia is a research question asked in this paper. In conclusion, the substance of the Shari'a must first be made as reference material from the formalist Shari'a. Keywords: Islamic Sharia, Islamization, State Abstrak Tulisan ini membahas salah satu fenomena yang merebak Pasca Reformasi yakni keinginan untuk membuat peraturan di daerah yang disarikan dari semangat hukum Islam. Muncul kemudian legislasi tentang tata busana, kewajiban moral serta pembatasan jam malam bagi perempuan. Memahami Syariat Islam dalam konteks masyarakat yang plural seperti Indonesia adalah pertanyaan penelitian yang hendak dibahas dalam tulisan ini. Sebagai kesimpulan, syariat substantif harus terlebih dahulu dijadikan sebagai bahan rujukan daripada syariat formalis. Kata Kunci: Syariat Islam, Islamisasi, Negara

KEHUJAHAN HUKUM NEGARA SEBAGAI SUMBER HUKUM ISLAM DALAM PEMIKIRAN SAYYID MUḤAMMAD RASYÎD RIḌÂ DAN WAHBAH AZ-ZUḤAILÎ

The study of the state law as the source of Islamic law in the course of usul fikih is still rarely performed by scholars of usul fikih, especially when discussing the sources of Islamic law; except what is done by Wahbah az-Zuḥailî in his usul fikih (al-Fiqh al-Islâmî), where he fully and comprehensively explains that State law can not be used as a source of Islamic law because it results from an intellectual sich. On the other hand, far beyond that, Sayyid Muḥammad Rasyîd Riḍâ has discussed in detail the state's jurisdiction as a source of Islamic law in his tafsir (al-Manâr). He accepted in absolute terms the jurisdiction of the State as a source of Islamic law from which the law contained the value of justice. Nothing else because the law of God is justice itself, as many are described in the Qur'an. According to Wahbah az-Zuḥailî the State law can not be used as a source of Islamic law because it is derived from the mere intellect, in which the scholars have agreed that pure reason can not be used as a source of Islamic law. Therefore, the law of the State can be used as a source of Islamic law if the law is based on divine revelation, either directly (Qur'an and Hadith) or not (general rules and spirit of Islamic law). In addition, although there are differences in views, there is an intersection between the two minds, which is equally acceptable to the state's jurisdiction as a source of Islamic law. Sayyid Muḥammad Rasyîd Riḍâ received the law of the State as a source of Islamic law from which the law contained justice, while Wahbah az-Zuḥailî received it from the law was based on divine revelation, whether it be directly or indirectly.Kata Kunci: Usul fikih, Hukum Negara, Sayyid Muḥammad Rasyîd Riḍâ, Wahbah az-Zuḥailî.

Inventions and Reinventions of Sharia in African History and the Recent Experiences of Nigeria, Somalia and Mali

This essay provides a reflection on how the concept of “sharia” has been re-invented in recent African history. It sketches the history of Islamic legal practice among African Muslims, with a particular focus on women's rights and the question of adultery (zinā), in an effort to place in context contemporary events in Nigeria, Somalia and Mali. Its overarching conclusion is that the recent actions by extreme Muslims groups in Africa, in the name of so-called sharia, are far removed from the spirit of Islamic law.

FORMULASI UNDANG-UNDANG NOMOR 1 TAHUN 1974 DALAM PERSINGGUNGAN ANTARA NEGARA DAN AGAMA

With the enactment of Law No. 1 of 1974 on Marriage, the authors noticed that the policy in question is to accommodate the aspirations of the majority Muslims who happen to choose schools of Shafi'i schools and realized in the form of legislation. The hope of course that the values of Islam, which had long color the way of arbitrate Indonesian people, then can have the firmness and recognition from the state. Thus the struggle of Muslims, which in certain portions require the enactment of Islamic law, at least one by one can be realized even with regard to the context Indonesian nation known multi-religious, ethnic and cultural. This is consistent with the theory put forward by the imam, al-Maliki al-mursalah mashlahah which can be translated public interest. Al-maslahah occupy a very important position in determining the details of the general principles of the constitution in Islam. Through this principle all aspects of society that have not been regulated in the Quran and Sunnah Rasul can be arranged by the man, or the principles of a general nature contained in the Qur'an can be broken down further in order to determine a lot of applications in the life of society and the state extent not inconsistent with the spirit of Islamic law (sharia).

Kontestasi Pemikiran Islam Indonesia Kontemporer

Carool Kersten. 2015. Islam in Indonesia: The Contest for Society, Ideas and Values, London: Hurst & Company, pp. 373+xx.Comprehensive studies of contemporary Indonesian Islam are still scarce. Most of the studies on this subject deal with certain aspects of current developments in Indonesian Islam. Kersten’s book is an attempt to present an intellectual history of contemporary Indonesian Islam in six chapters: first, secularism, pluralism and liberalism in Indonesia; second, Islam in Indonesia today: discourses and interlocutors; third, the weight of predecessors: adaptations, critique, and transformation; fourth, debating secularism: Islam, statehood and democracy; fifth, the letter or the spirit of Islamic law?: legal formalists versus substantivitst; sixth, contentious triangulation: religious pluralism, human rights and freedom of thought. This book can be considered as a sequel to the Indonesian part of the book written by the same author, Cosmopolitans and Heretics: New Muslim Intellectuals and the Study of Islam (2011).DOI: 10.15408/sdi.v23i1.2905

Custom and Society in Islamic Criminal Law: A Critical Appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is Authoritative) and its Sisters in Islamic Legal Procedures

Abstract Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts. The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its authoritativeness in application, one of the controversial issues surrounding the use of custom (al-ʿādah) is whether, by law, rulings can be changed over time when customs have changed. Thus, this article aims to examine the effect of custom in rulings related to ḥudūd and qiṣāṣ (fixed and retaliative punishments) in Islamic law and whether such rulings can be changed over time as custom changes and, if they can be changed, to what extent can such changes be made and to what effect do such changes affect the sanctity of the Qurʾān and Ḥadīth texts.

Islamic Banking in Kazakhstan Law

AbstractKazakhstan has adopted legislation designed to facilitate Islamic banking, and at least one Islamic bank has started operations in Kazakhstan. Islamic banking is based upon traditional Islamic law, which forbids the taking of interest, the making of profit without risk, and profiting from "sinful" businesses such as pornography. The legislation in Kazakhstan forbids such activities for Islamic banks and also requires each Islamic bank to have an independent "Council on the principles of Islamic finance" to rule on bank policies and specific transactions. Islamic banking practices use complex combinations of transactions, each permitted by Islamic law, to mimic common conventional banking transactions, such as loans bearing fixed interest rates and repayable on a fixed date. Stable income and manageable principal obligations from credit-worthy borrowers can ensure that a bank will receive high ratings from leading international credit rating agencies and, thus, can satisfy the requirements of Kazakhstan's bank regulators. The formal difference between Islamic banking transactions and the conventional transactions that they mimic could lead to differing treatment for taxation. To provide a level playing field, Kazakhstan has amended its Tax Code to provide for equal treatment of economically equivalent Islamic and conventional banking transactions. Adjustments have also been made to bankruptcy legislation, reflecting the unavailability of deposit insurance for Islamic banks and the special nature of investment deposits in Islamic banks. There are controversies among Islamic law scholars as to whether or not various practices used to mimic conventional banking transactions are unlawful because they violate the spirit of Islamic law. This creates what is called "Sharia risk", the risk that a transaction will be found unlawful after it has been concluded, with consequences highly unfavorable for a party.

Islamic View of Women's Rights: An International Lawyer's Perspective

What is an Islamic view of women’s rights? Is there an authentic Islamic interpretation of this issue? The central argument of this article is that there is no unique Islamic view of women’s rights and even more, that according to the very nature and spirit of Islamic law itself, there should be no such version. The article starts with an overview of states’ international obligations with regard to protection of women’s rights. It continues with some examples of implementation of these obligations in several states proclaiming Islam as official religion and source of legislation. This part of the article demonstrates diversity of views existing among such states and insists on the fact that it is not religion itself, but its misuse by patriarchal totalitarian regimes that impedes any development towards improvement of the situation of women in some Muslim states. Finally, the article suggests that international lawyers shall abandon sacralizing religiously framed defences of certain states and be in contrast more attentive and sensitive to difficulties faced by other Muslim states in their effort to reform and reinterpret Islamic law.

Bernard G. Weiss, The Spirit of Islamic Law, Athens: University of Georgia Press, 1988. Pp. xiv + 211. $45.00 (ISBN 0-8203-1977-5).

Bernard G. Weiss, The Spirit of Islamic Law, Athens: University of Georgia Press, 1988. Pp. xiv + 211. $45.00 (ISBN 0-8203-1977-5).

The Spirit of Islamic Law

The Spirit of Islamic Law

Law, medicine and society in nineteenth-century Egypt

In the 1940s shaykh Hasanayn Muhammad Makhluf, the chief mufti of Egypt, was asked to give his fatwâ on the following question : « According to the shari'a is it permitted to perform postmortem examination for scientific purposes or in criminal cases ? » After careful consideration, shaykh Makhluf gave an affirmative answer to this question : Our opinion must be in accordance with the public good which agrees with the spirit of Islamic Law in each place and generation and which guarantees hap...