Islamic Law Tradition Research Articles

The Dialectics of Islam and Custom in the Kenduri La’ōt Tradition of the Coastal Muslim Community of East Aceh

Religion is a sensitive issue for the Acehnese Muslim community. However, the practice of religion and culture of marine safety for coastal communities, primarily fishers, is significant, although sometimes it cannot be separated from magical things. This paper aimed to describe how the religion and customs of salvation run in harmony among the people of East Aceh are solid with the tradition of Islamic law. This research results from an empirical study with a phenomenological approach that seeks to see people’s behavior in celebrating marine safety. The source of the data was obtained from the coastal communities of East Aceh who were directly involved with the practice of the kenduri laot tradition. Empirical research was conducted on a coastal Muslim community located in the eastern part of Aceh. This paper argued that the phenomenon of maritime security carried out by coastal Muslim communities is a tradition that previous people have practiced. However, the coastal Muslim community of East Aceh is very thick with Islamic teachings. However, the marine safety tradition is important because it contains a philosophical aspect still maintained today. The Islamization of the kenduri la’ōt practice wrapped in Islamic events eliminates the mystical impression. This illustrated that there is a dialectic shift from a naturalistic tradition to a theological tradition; the belief that is built by the community is that there is a compromise between tradition and religion to create harmonious conditions, religion becomes the spirit and supporter in the celebration of marine safety, and this is what makes the practice of kenduri la’ōt (sea safety) survive.

Sanksi Tindak Pidana Korupsi oleh Pegawai Negeri dalam Prespektif Fiqih Jinayah

The economic crises that hit Indonesia for a long time were caused by corruption. Corruption itself was the result of the absence of integrated control. Corruption is a crime, it is an abuse of authority. It has been known that the perpetrators are state officials who have "authority", and recognized as Civil Servants. This research aims to determine and analyze the philosophical aim of punishments for perpetrators of corruption by Civil Servants in Islamic law tradition. The results of the study are that: firstly, the corruption in Islamic law can be drawn from the words ghulu>l and rishwah as well as from the verses of the qor'an including QS. al-Baqarah (2) 188, al-Mut}affifi>n (83) 1-2, and al-A'ra>f (7) 33. Secondly, that the sanctions contained in Law No.20 of 2001 Article 8 already felt appropriate and fair, if viewed in terms of the minimum and maximum sentence.

Scholars, Spice Traders, and Sultans: Arguing over the Alms-Tax in the Mamluk Era

Abstract Amidst the politics of the Mamluk-era spice route, why did the standard-bearers of Islamic law routinely oppose the sultanate’s imposition of an alms-tax on merchandise (zakāt al-tijāra), despite the abundance of support for such a tax within the classical tradition of Islamic law? Rather than contending – as some modern scholars have – that prominent jurists developed loopholes that circumvented the original intent of the law to protect the wealthy and the ruling class, I argue that it was precisely the jurists’ careful defense of exemptions and exclusions that allowed them to define the essence of zakāt against forms of taxation they considered unlawful. By narrowing the scope of zakāt, jurists attempted to achieve a moral aim that went beyond the ritual purification of wealth: a limit on the sultanate’s otherwise arbitrary power to tax Muslims as it wished. In doing so, they alleviated some of the tax burden for spice merchants and camel herders alike.

Islamic legal tradition and the choice of investment arbitration forums

Does domestic legal tradition affect international cooperation and legalization? Recent studies indicate that states with Islamic law tradition (ILT) prefer more informal forums to resolve international disputes, compared to states with other legal traditions. We examine this claim in the context of the increasingly important global investment regime. We argue, specifically, that international investment agreements (IIAs) concluded by ILT states are less likely to refer disputes to the highly legalized and formal Centre for the Settlement of Investment Dispute (ICSID), and are more likely to refer them Islamic forums, which tend to be less formal. Employing new data on forum choice in investor-state dispute settlement (ISDS) provisions in more than 2,600 IIAs and controlling for a battery of alternative explanations, we find substantial empirical support for the theoretical expectations. These findings underscore the significance of domestic legal traditions to international dispute settlement in the Islamic world and beyond.

The Punishment of Islamic Sex Crimes in a Modern Legal System: The Islamic Qanun of Aceh, Indonesia

This paper looks at the enactment and enforcement of recent criminal legislation involving sexual morality in the Indonesian province of Aceh. Public discussions of Islamic law relating to crimes focus almost exclusively on the question whether Islamic criminal law shall be enforced and give little if any attention to the question what Islamic criminal law is. This focus on whether rather than what reflects widely assumptions about the nature of Islamic law. Little attention is given to questions about the content or procedures of Islamic criminal law because it is assumed that the law is a fixed and definite essence, and that programs for the implementation of Islamic criminal law simply activate the machinery for the enforcement of the law. An examination of Islamic criminal law in Aceh makes clear that these assumptions are mistaken. The laws enacted in Aceh reflect the influence of a variety of contemporary and historical factors. The laws manifest an evident concern with preserving continuity with the historical tradition of Islamic law. But the legislation also shows the imprint of contemporary influences. The drafters were clearly sensitive to the conditions and concerns of contemporary Aceh and the relevance of modern ideas and institutions to Acehnese society.

URGENSI KOMPILASI HUKUM ISLAM (KHI) DAN METODE IJTIHAD DALAM MENGHADAPI PERKEMBANGAN HUKUM ISLAM DI INDONESIA

The tradition of Islamic law in Indonesia's Muslim population can not be separated from values, legal norms, and legal products. Therefore, the position of ijtihad is one of the important instruments in Islam. In this context, a mujtahid in general perform several steps in formulating Islamic rules from the sources, that are the Quran and Hadith. The position of Islamic law in the legal system in Indonesia is increasingly gaining recognition juridically. One of that is enactment of the Marriage Law Num­ber 1 Year 1974 and Presidential Decree Number 1 Year 1991 on the Compilation of Isla­mic Law. Thus the actualization of Islamic law must be carried out systematically by con­crete actions. Actualization of Islamic law is not enough, it will even harm if done only for political action which campaign demanding the implementation of Shari'a. One of the problems encountered in attempts to actualize Islamic law is the absence of a clear conception of the legal matter that must be actualized in national law, both of which apply specifically to Muslims and generally applicable.

Legal History: Part II a Teaching Material for the Undergraduate Course in Legal History in Ethiopian Law Schools

This course is a critical survey of the major past and present legal traditions of the world. It identifies and explains the central problems those legal traditions faced; the type of solutions they gave to such problems and the reasons why they chose those solutions. Identifying the key issues encountered by past legal systems and the solutions offered thereto is hoped to throw light on the foundations of the Ethiopian legal system since some major legal traditions have a tremendous influence over the same. In so doing, the course conveys the message that the Ethiopian legal system may not be properly appreciated without some knowledge about major legal traditions of the world. The course discusses the story of how non-western legal traditions such as the African customary law tradition and religious law traditions (e.g. the Islamic law tradition) were affected by the western legal thinking especially in the 19th and 20th centuries. Moreover, this course analyses such core concepts as legal history, legal tradition, legal system and legal transplantation in addition to examining the concepts of legal convergence and legal divergence, meaning the various forces which bring together and drift apart the principal legal traditions of the world.The course emphasizes the significance of understanding past legal systems for an enhanced appreciation of present legal orders. It seeks to direct the attention of students to the co-existence of multiple legal orders in multiethnic countries such as Ethiopia. The course seeks to stimulate students to be appreciative of and sensitive to diverse legal traditions.