Theory Of Islamic Law Research Articles

Public Perception of Polygamy in Makassar, Indonesia: Cultural Perspective and Islamic Law

One of the issues in Islamic law that is often debated is the case of polygamy that occurs in society in Indonesia. The perception of people in Makassar City, South Sulawesi about polygamy is still very taboo. This assumption arises because of their erroneous understanding of polygamy. This article aimed to discuss the underlying factors of polygamous marriages in Makassar. The research used empirical methods with survey techniques, analyzed with Islamic law theory. The current research was designed as a survey which involved 80 participants, who consisted of 30 polygamous actors and 50 people from monogamous relationships. Instruments used in this study were a close-ended questionnaire and an open interview guideline with polygamists. The results showed that among the Makassarian community members who agreed with the practice of polygamy, there was a group of people who considered polygamy as a disgrace to the family or an act of demeaning women. It was reported that many polygamous actors conducted polygamy without any consent from their first wives. The survey also uncovered several factors that provoked polygamy practices in Makassar. These factors include female infertility, men’s sexual needs, the Prophet’s Sunnah, incurable diseases, and ignorance. Moreover, the majority of polygamous actors in Makassar chose not to register their second marriage at the Civil Registry office due to the state's convoluted bureaucracy and the law that prohibits government employees from being polygamous.

Transformation of Religious Moderation and Islamic Law: Reflections on Siri' Na Pesse Culture in Bugis Community

This study discusses the transformation of religious moderation and Islamic law: a reflection of siri’ na pesse culture in Bugis community. The research methodology is qualitative, descriptive analytical, normative theological approach, normative juridical and formal, socio-anthropological, data analysis with religious moderation, al-urf and maqasid al-syariah theory in Islamic law. The research results show that siri’ na pesse is constructed with various pappaseng which function as advice and benchmarks in Bugis community to strengthen solidarity, unity, create harmony, order, peace and peace in community life. Religious moderation and Islamic law are one unit to maintain human harmony, foster love through siri’ na pesse as an inner bond, thoughts, and foster hearts to forgive each other, be full of understanding, eliminate hatred, violence, radicalism, extremism, and terrorism in good human relations.

Determination of Auspicious Days in Wedding Traditions in Mandar, West Sulawesi: Perspective of Islamic Law

Determination of auspicious days is a discourse that still causes polemics and is often considered to be contrary to Islamic law. This study aims to discuss the determination of auspicious days in the Mandar wedding traditions in the context of Islamic law. This empirical legal study used a multiapproach framework that included the theory of social change and the theory of Islamic law, especially al-'urf (social tradition) and al-maslahah (public interest). Data were collected by means of in-depth interviews and literature reviews of scientific articles, textbooks, and books on Islamic law. The data were then analyzed through data display using the aforementioned theories. The results of the study revealed that determining auspicious days, practiced by the majority of the Mandar people prior to organizing a marriage, has been considered a custom and in accordance with Islamic law. Further, the Qur’an and hadith, as the sources of Islamic law, have also indicated that there are auspicious times and days e.g., Friday, known as sayyid al-ayyām (leader of the days). The determination of auspicious days in marriage has been adjusted to follow social changes, government policies, and Islamic laws, especially ‘urf and maslahah. Such a custom can be categorized as ‘urf shahih (good) and not 'urf fasid(deviating), with the values of public interest being for safety and blessing. The argument of this study is that in the context of Islamic law if the determination of the auspicious day does not deviate from the provisions of Islamic law, it can be accommodated as a legal consideration; yet, if it deviates from Islamic law, guidance is necessary. This is in accordance with the rules of fiqh: “preserving old things that bring benefits, and accommodating new things that are more beneficial.”

Waqf and sustainable development law: models of waqf institutions in the Kingdom of Saudi Arabia and Indonesia

This research aims to find out the regional waqf (endowment) and sustainable development models in the Kingdom of Saudi Arabia and Indonesia in terms of their laws, managements and investments. It uses a qualitative approach through observation, documentation and interviews with officials and those in charge of waqf from the Kingdom of Saudi Arabia and Indonesia. The data was then elaborated with expert opinions based on Herman Daly’s sustainable economic theory and John Locke’s theory of ownership and Islamic law theory (hifz al-mãl, himãyah al-bī‘ah and istiṣlãh). This study found that through the waqf system, the waqf institutions in the Kingdom of Saudi Arabia and Indonesia managed to reach certain achievements, namely good education, poverty reduction, hunger alleviation, and decent work. It was found that waqf institutions in the Kingdom of Saudi Arabia carried out various programs in every area of sustainable development, including providing drinking water. Another service included digging wells in areas where they were needed, which we rarely found in Indonesia. The Sustainable Waqf Law contributed to several aspects that could positively impact society and sustainable development in general. The Sustainable Waqf Law could positively impact sustainable social, economic, and environmental development. In addition, the waqf contributed to the United Nations Sustainable Development Goals No. 1, 2, 3, 4, 6, 11, 13 and 16. Finally, it is important to involve various parties, including waqf institutions, government, communities, and other stakeholders, to ensure the sustainability, transparency, and fairness in the management of waqf assets and their utilization in achieving sustainable development goals.

The Method in Understanding Hadith Through Ijmā' and Its Implications for Islamic Law in Indonesia: Studies on the Hadiths of the Month of Qamariyah

This study examines the approach used in comprehending hadith through ijmā’ and its ramifications for Islamic law in Indonesia, especially the hadiths of the month of Qamariyah. This is an ahkam hadith study that employs hadith science and Islamic law theory, particularly ijmā'. This study reaches the following conclusions: Firstly, there are varieties of approaches for comprehending the customs of the month of Qamariyah, particularly in defining the month of fasting and holidays in Indonesia, which is seen as essential. This interpretation triggers the emergence of a two-poled, textual and contextually distinct views of Islamic law. Although such discrepancies can tarnish Islamic symbols, it is believed that they would spark social discord in Indonesian culture. Second, ijmā’ as a source and method of interpreting Islamic law can be used to prevent the susceptibility of social conflicts in society, particularly when debates go beyond ethical principles. Otherwise, this concern worsens when it is used by agents both individuals and groups, who frequently exploit the current circumstances for their own political gain and ultimately polarize and divide society socially. Thirdly, the ijmā' conducted by the government during the isbath session with the participation of all religious organizations in Indonesia, including MUI, NU, Muhammadiyah, DDII, PERSIS, and Al-Washliyah, is a positive development for the certainty and benefit of Islamic law. Hence, the ijmā' approach of analyzing hadith is consistent with Islamic legal standards. Musāyarah bi al-maṣāliḥ al-nās signifies that the determination of a law must be in accordance with human benefits, both individually and socially, particularly within the context of the state.

'Urf Analysis Study Of The Salenan Tradition After The Engagement


 
 
 
 This article will discuss the salenan tradition after the engagement of the Duko Timur village community, Larangan District, Pamekasan Regency. This tradition is seen as an obligation that must be carried out by couples who have carried out an engagement. The focus of this study is to photograph the salenan tradition by tracing the people's understanding of the tradition so that the philosophical tradition of the tradition is revealed. Because of this, this article uses field research with data collection patterns in the form of observations and interviews. While this paper uses a sociological approach which will then be analyzed using the theory of Islamic law, namely Abdul Karim Zaidan's 'urf perspective. This paper finds that salenan is an 'urf shāhīh which can be used as a source of law for the surrounding community, this is found through the achievement of the requirements of a tradition that can be said to be an ‘urf shāhīh in Abdul Karim Zaidan's perspective. In addition, it was also found that the salenan tradition was included in the category of 'urf fi'lī and 'urf 'khāsh.
 
 
 

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.

DELEGITIMATION WASIAH LETTER OF CHILDREN ADOPTED (Case Study of the Decision of the Supreme Court of the Republic of Indonesia. No.311 K /PDT/1996)

Abstract. This research is about the practice of adoption of children among Indonesian society which is carried out by couples who are married but do not have children. This study aims to determine the legal status of adopted children, in consideration of judges, review of Islamic and customary law on these decisions. This research framework is based on the concepts and theories of Islamic law. As a big theory for the concept of justice, at the next level the theory of maqashid al-sharia and the operational level uses the istinbath al-ahkam (aplicative) theory. This research method uses normative juridical methods. Collecting data through library research and field research. The research concludes that the principle of adoption according to Islamic law is childcare with the intention that a child does not become neglected and grows and develops both physically and mentally. Regarding this, Islam does not prohibit the provision of various forms of livelihood assistance to adopted children; Judges 'considerations are based on juridical, sociological and philosophical grounds and judges' legal considerations at the Supreme Court are based solely on juridical basis. Islam views that the decision of the Supreme Court is inconsistent because it does not adhere to elements of justice and legal certainty. 
 
 Keywords: wasiat wajibah, adopted child, inheritance

OPPORTUNITIES FOR WOMEN AS GUARDIANS OF MARRIAGE IN INDONESIA: AN OVERVIEW IN THE SOCIOLOGY OF ISLAMIC LAW

Whether we realize it or not, gender inequality is one of the social problems that we can easily find in people's lives. The problem of gender bias can occur in various aspects of life, including the aspect of legal rights, such as the right as guardian of marriage in Indonesia. This study aims to find a discourse analysis of the opportunities for women as marriage guardians in Indonesia. This study employs empirical normative legal method. The primary data sources are the Compilation of Islamic Law (KHI) and social observation. The secondary data sources used were various other relevant studies. Meanwhile, the theory used as a tool of analysis is the sociological theory of Islamic law from Ibn Qayyim al-Jauzi regarding changes in Islamic law. This study concludes that based on the pattern of equality of gender relations in Indonesian society, granting the right of authority as guardian of marriage to female relatives is a form of istihsan bi al-'urf, the change of law from general law (kulii) to special or casuistic law (juz'i) based on existing culture or custom. This is parallel with Ibn Qayyim's theory of change in Islamic law which makes conditions (ahwal) and culture ('adat) part of the factors of changing Islamic law.

REKONSTRUKSI KONSEP JILBAB PERSPEKTIF MUHAMMAD SYAHRUR (Telaah terhadap Q.S. an-Nur [24]: 31 dan al-Ahzab [33]: 59)

Syahrur is a contemporary Muslim scholar who offers an innovative theory in Islamic law that is the theory of limits (hudud) which is divided into two namely the maximum limit (hadd al-A'la) and the minimum limit (hadd al-Adna). This paper will answer about how Muhammad Syahrur interprets the veil in Q.S. an-Nur [24]: 31 and al-Ahzab [33]: 59 by using his boundary theory. The results of the study of the two verses are on the minimum limit (hadd al-Adna) generally accepted is to cover the upper region (al-juyub al-ulwiyah), namely the area of the breast, under the armpit, and close the lower intimate area (al -juyub as-sufliyyah). While the maximum limit (hadd al-A'la) generally applicable is the part included in the category of al-juyūb, whether al-juyub al-'ulwiyyah or al-juyūb as-sufliyyah ie the whole body of women except the face and both palms.

The Management of Cash Waqf on Dinar and Dirham from The View of Islamic Law (Case study at Wakala Parent Bintan)

Waqf is a struggling conscience to give something to the development of people's welfare and struggle facilities. Many evidence conveys moving and stationary objects that can be represented but that is not enough to meet the growing needs of society. Based on the principle of waqf is made innovation of waqf products, namely cash waqf, which is with cash funds. The scholars' past practiced a lot of cash waqf using the dinar and dirham which is currently reappointed by Wakala Parent Bintan. The purpose of this research is to know the theory of Islamic law regarding cash waqf property management, to know the concept and practice of cash, dinar and dirham, to know the Islamic law on the management of cash and dinar Wakalah Parent Bintan. Research method of this study authors using qualitative method, which is a writing aimed at describing and analyzing a phenomenon about what Wakala Parent Bintan did in managing the cash waqf. From this study, researchers concluded that the practice of cash waqf in Wakala Parent Bintan using dinar and dirham, is a cash waqf that replaces it with a stationary object that produces the benefits of education rulings ahlu the madinah is a buy and sell transaction using both dinar and dirham and helps to enrich the surrounding community with market building for merchants without the use of taxes or rental of stalls in the market, as well as build a civilization away from riba. Thus the study can be concluded, but the researcher is aware that the research is far from the word perfection and requires further study that will discuss this issue more clearly. Great researchers hope for the advice and criticism and hopefully this research is beneficial for the authors in particular and the readers in general.

Method of Instinbāth Law of Money Waqf Abu Hanifah Immediate Perspective

This research should be done to find out how to explore and understand the contents of the text (Instinbāth pattern) of waqf legal money from the perspective of Imam Abi Hanifah. This research rests on the Instinbāth theory of Islamic law in establishing laws for the next generation. The library research uses descriptive analytical methods. The approach used in this study is referring to usul fiqh and Maqāshid al-Syāri'ah. These two approaches are used to analyze how the pattern of Instinbāth of law, as well as the constructs of the fiqh thought of Imam Abi Hanifah. From this study it can be concluded that: the pattern of istinbāth of Imam Abu Hanifah, first, in terms of coverage of nāsh from the three sources of waqf law (Q.S al-Māidah: 103, the narrative of Ibn Masūd, and the hadith of ibn 'Abbās)) dhahir lafadh al-nāsh shows the lack of encouragement of muamalah by carrying out the action of "al-Habsu" (waqf), because he can match the habits of Arab Jahiliyah who are used to the practice of Bahira, Sāibah, Washīlah, and Hām as explained in the Qur'an. Both istinbāth al-Ma'āny, through the approach: Isyārah al-Nāsh, dilālah al-Nāsh, and Iqtidhā 'al-Nāsh (analysis of the relevance of the meaning) according to Imam Abu Hanifah it can be understood that mu'amalah waqf does not contain' luzūm contract '( where an object that has been represented remains in the possessor's ownership with his tasharruf rights). On the basis of this istinbāth according to Imam Abu Hanifah cash may be represented, because in principle the mawqūf (waqf object) remains in the power of belonging to the apostle.

Islamic Law Review on The Determination of Surrogate Heirs

The surrogate heirs position on Islamic laws in indonesia reflects a justice form in the inheritance distribution, and constitutes a relief to the inheritors of inheritance, which is called the pre-empitiv policy ie, in the testator life by distributing his property to the heirs or heirs substitute. In accordance with the objectives of Islamic law (maqashid al-syari'ah) is intended for the benefit of the ummah and the theorem of Al-Maslahah Al-Mursalah which is necessary for caution, avoid following harmful lusts. Then the problem is: What was underlies the surrogate heirs position in Islamic law and how it relates to the Maslahah Mursalah's theory in Islamic law. The result of the research shows that, the substitute heirs position in Islamic law is based on the Article 185; Islamic Law Compilation in Indonesia by adhering to the principle of monotheism, an obedience to God's rule by not forgetting Iltihad. And the relationship with Maslahah Mursalah theory which is tied to Tawheed is the basis of this theory, ie : seeking the benefit for Allah SWT. there are benefits that are covered in the objectives of syara, so regarding to the surrogate heirs is done by giving priority to the benefit

REKONSTRUKSI US}U>>L AL-FIQH MUHAMMAD HASHIM KAMALI

The science of us {u> l al-Fiqh as a theory of Islamic law in its development at this time continues to be made efforts to improve by experts, both in terms of the formation of the appearance of the theory chart to the basic concepts of thought. Muhammad Hashim Kamali is one of the figures recognized as having new ideas in reconstructing Islamic legal theory. Kamali offers the chart design of us {u> l al-Fiqh by combining two approaches, namely the doctriner-normative approach and the empirical-historical approach. The doctrinaire-normative approach is the basic concept of us {u> l al-Fiqh as it is directed in the discourse of classical ulama thought. While the empirical-historical approach is a new format that has become a trend of study in the contemporary era. From the research the authors conclude that basically the Kamali formula theory design displays the reconstruction of us {u> l al-Fiqh in a simplified style of normative materials of us {u> l al-Fiqh accompanied by the appearance of new formations and actual explanations. Reconstruction of this model can be a reference in efforts to restore the main function of us {u> l al-Fiqh as an applicable Islamic legal theory.

Kontroversi Hukum Asuransi: Studi tentang Argumentasi Mustafa Ahmad al-Zarqa dalam Pembolehan Asuransi

Insurance came to the Islamic world around the 19th century AD. As long as the insurance law in Islam is concerned, the contemporary Islamic scholars are divided into three groups. First, scholars who allow it absolutely; secondly, the ulama who forbid it absolutely; and thirdly, scholars who legalize social insurance and forbid commercial insurance. One of the contemporary scholars who justifies insurance is Muṣṭafā Aḥmad al-Zarqā', a prominent Islamic scholar of Ḥanafi from Syria. The findings of this study are that in the perspective of Islamic legal theory the arguments of al-Zarqāʼ can be justified. The theory of Islamic law used by al-Zarqā' in examining insurance is the theory of ijtihad bi ar-ra'y by istiṣḥābī and ta'līl methods. Al-Zarqa' views that insurance is a new contract that does not exist in Islamic jurisprudence. Every Muslim is allowed to create new contracts that have not existed before as long as there is no prohibition against them. Al-Zarqāʼ analogize the insurance with the existing contracts in Islamic jurisprudence, among which is the contract of muwālāh from Hanafite school of law, ḍamān khaṭr al-ṭarīq from Hanafites, al-iltizām wa al-wa’d al-mulzim in Malikites, and al-‘āqilah in Syafi’ites.

Customary Practices as Exigencies in Islamic Law

I offer a corrective to Libson’s view that customs made their way into Islamic law in the formative period only through the ḥadīth and ijmāʿ genres. I argue that custom was incorporated into the law through the legal methodologies of Abū Ḥanīfa and Mālik. Due to the success of al-Shāfiʿī’s thesis, later jurists justified custom on grounds of necessity and exigency of the times rather than elevating it to the level of the four-source theory of Islamic law. Essential to this process of valorization of custom was a legal maxim developed by al-Juwaynī in the classical period.

Исламская пресса в раннесоветском Дагестане и журнал «Мусульмане Советского Востока»

An analysis of a number of articles in imperial and early Soviet newspapers and journals, including “Jaridat Dagistan”, shows that the theological discussion that existed in Dagestan in manuscript tradition for more than three hundred years migrated to some extent to new press. This applies to some issues of the theory of Islamic law (the problem of taqlid and ijtihad), as well as some practical legal issues in the field of worship (‘ibada) and in the sphere of social relations (mu’amala).In the late 1960’s in Tashkent, the journal “Muslims of the Soviet Orient” was founded, many issues of which were sent to Dagestan in Uzbek (in Arabic script) and in Arabic; various issues of this journal are currently being found in a number of private collections in Dagestan. In many articles the influence of the already established Soviet Oriental scholarly tradition is noticeable. Articles devoted to the theory and practice of Islamic law, to various issues of Muslim theology, are practically absent. An analysis of the articles of this journal and the “Jaridat Dagistan” shows that if the latter was formed and edited exclusively by Dagestani theologians and served as a platform for discussing theological issues, the journal “Muslims of the Soviet Orient” was a Soviet attempt to represent Muslims and showed how they were seen or wanted to be seen by Soviet authority.

The Ẓāhirī Madhhab (3rd/9th-10th/16th Century): A Textualist Theory of Islamic Law, by Amr Osman Wilferd Madelung

The Ẓāhirī Madhhab (3rd/9th-10th/16th Century): A Textualist Theory of Islamic Law, by Amr Osman Wilferd Madelung

REKONSTRUKSI IJAB DAN KABUL DALAM TRANSAKSI EKONOMI BERBASIS ONLINE

In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.

Rekonstruksi Ijab dan Kabul dalam Transaksi Ekonomi Berbasis Online

In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.