Hasil untuk "Islamic law"

N. Coulson

Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.

Hasrat Efendi Samosir, Md Noor Bin Hussin, Sudianto et al.

This study explores the Constitution of Medina as an early model of prophetic political communication grounded in consensus, offering a relevant framework for managing diversity and fostering social cohesion in pluralistic societies. Utilizing a qualitative library research method, the study draws upon the primary source—the text of the Constitution of Medina—and integrates secondary literature from the field of political communication. The data were analyzed through content analysis to identify underlying communicative principles and political strategies within the Charter. The findings reveal that the Constitution operationalizes participatory dialogue and peaceful conflict resolution mechanisms, aligning closely with contemporary consensus-based political communication theories. These principles served not only to manage inter-group tensions but also to build a cooperative and just social order. The study concludes that the Constitution of Medina is not merely a historical document but a normative model that offers practical insights into inclusive governance, interfaith cooperation, and the ethical foundations of political discourse. Its relevance is especially significant today, where polarized societies seek coexistence and constructive engagement frameworks. Thus, the Medina Charter is relevant as a prophetic guide for inclusive political communication in multicultural and multireligious contexts. This study contributes to Islamic political thought and communication by providing a normative and historically grounded model for inclusive governance. It bridges classical Islamic sources with contemporary political communication theory, offering a framework applicable to modern pluralistic societies seeking ethical and participatory governance models.

Faisol Mahmoud Adam Ibrahim, Moh Aziz Arifin

This study aims to examine the relationship between the Qur'an as a source of Islamic law and positive Indonesian law from a philosophical perspective. Specifically, this study aims to understand the position of legal values ​​in the Qur'an towards the formation of positive law, as well as to examine the philosophical implications of the differences in the normative basis of the two. This title is important to study because in the practice of the national legal system, there is often a tug-of-war between legal values ​​derived from religion and the modern legal system rooted in the secular Western tradition. Given that Indonesia is a country with a Muslim majority population, the relevance of the Qur'an in the formation of law cannot be ignored, both in terms of legal ethics, justice values, and the formation of written legal norms. This study is formulated through two main questions: (1) What is the position of the Qur'an as a source of legal values ​​in the construction of positive law in Indonesia? and (2) What are the philosophical implications of the differences in the normative basis between the Qur'an and positive law towards the formation of legislation? To answer these questions, the method used is the normative legal research method with a legal philosophy approach and a legislative approach. The main data sources consist of primary legal materials in the form of laws and regulations and interpretations of legal verses in the Qur'an, as well as secondary legal materials such as Islamic legal literature and legal philosophy theories. The results of the study indicate that the Qur'an contains universal justice values ​​that are in line with the basic principles of positive law, such as justice, welfare, and legal certainty. Although there are differences in the form and structure of law, philosophically, both can complement each other within the framework of developing a just national law. This study recommends an integrative approach in formulating positive law that is not only based on legal-formal rationality, but also considers transcendental values ​​that originate from revelation.

Abdullah Affandi, M. Mu'tashim Billah, Muh. Syaifudin

This research explores the potential of maqāṣidī exegesis as a framework for interpreting the Qur'an that can promote gender equality in contemporary Islamic discourse. Starting from the reality that classical exegesis often reflects patriarchal social constructs, this study offers an alternative approach that emphasizes the main objectives of Islamic law (maqāṣid al-sharī‘ah), such as justice, welfare, and the protection of human dignity. Using qualitative content analysis, comparative analysis, and a hermeneutic approach, this study examines several key verses related to gender—including polygamy, inheritance, testimony, and qiwāmah—through the lens of maqāṣidī. The research findings indicate that this approach not only reconstructs the understanding of gender relations in Islam in a more just and equitable manner but also challenges the patriarchal interpretative legacy that has been entrenched in the tradition of exegesis. The novelty of this study lies in the systematic application of maqāṣidī exegesis to gender issues comprehensively, not merely through a feminist approach, but by asserting that the values of gender justice are inherent in maqāṣid al-sharī‘ah itself. These findings provide a conceptual contribution to the development of value-based and ethical Islamic exegesis. They are relevant for reforming Islamic law to be more responsive to contemporary social dynamics.

Yudina Nurhaliza, Dwi Novita Sari, Maisyahrani Maisyahrani et al.

This research aims to analyze whether mudharabah and murabaha financing have an impact on maximizing real sector growth in Indonesia, Malaysia and Brunei Darussalam. The method used in this research is quantitative with a descriptive-associative approach. The data used in this research comes from secondary data and time series data obtained from the Financial Services Authority (FSA) Islamic banking statistics report, Indonesian economic and financial statistics report, Kuwait Finance House annual report, Malaysian economy in Figures 2022 report, report annual Islamic bank Brunei Darussalam, and the International Monetary Fund (IMF) report. This research uses panel data regression analysis. The research results show that partial mudharabah and murabaha financing does not impact real sector growth. Simultaneously, mudharabah and murabaha financing significantly impact real sector growth. This research provides a new contribution to scientific development, stating that mudharabah and murabaha financing do not impact real sector growth. Practically, this research proves that there must be improvements related to mudharabah and murabaha financing so that they can have an impact on real sector growth.

جواد مدرس منزه, سکینه خانعلی پور واجارگاه, فرج بهزاد وکیل آباد

جرایم علیه امنیت ملی یا جرایم سیاسی و امنیتی، ازجمله جرایم بسیار مهم در حقوق کیفری می‌باشد که همواره با مورد بحث و چالش بوده است. آن‌ها دسته از جرم‌هایی می‌باشند که از ارکان ذاتی آن‌ها برهم‌زدن نظم و امنیت جامعه و ایجاد هرج و مرج و اغتشاش است، لذا هدف این پژوهش که به شیوه توصیفی ـ تحلیلی و به‌صورت استدلالی ـ استنتاجی با تکیه بر روش کتابخانه‌ایی و فیش‌برداری انجام گرفت، بررسی اصول و معیارهای جرم‌انگاری جرایم علیه امنیت در حقوق ایران و دستیابی به اصلی‌ترین معیار در جرم‌انگاری جرایم علیه امنیت ملی می‌باشد. بر این اساس, ضرورت حفظ حکومت و حفظ نظم عمومی، اصل مصلحت و منفعت، حفظ نظام اسلامی و اهمیت و تأثیرگذاری آن‌ها بر جامعه مهم‌ترین معیارهای جرم‌انگاری جرایم علیه امنیت در حقوق کیفری است، درنتیجه اصل قانونی‌بودن جرم و مجازات، اصل فردی‌بودن مسؤولیت، اصل عدم گسترش جرم‌انگاری، اصل عدم جرم‌انگاری اندیشه مجرمانه، اصل عدم جرم‌انگاری اعمال مقدماتی، اصل تناسب جرم و مجازات و اصل فردی‌کردن مجازات مهم‌ترین اصول حاکم بر جرم‌انگاری جرایم علیه امنیت می‌باشد. این پژوهش دارای کاربردهای عملیاتی و اجرایی در این حوزه می‌باشد.

Yudi Saputra, M. Dylan, Dumaz Carmelo

Background. Tahfidz learning is a learning that can change the behavior of santriwan and santriwati and develop a potential that they have such as improving the reading of the Qur'an, increasing the memorization of the Qur'an. The tahfidz house is a place where students learn, foster and develop and apply the values contained in the Qur'an in everyday life such as at home, in the community and at school. Purpose. This tahfidz activity begins with prayer, then murojaah, memorizing the recitation of the Qur'an. Method. Data was obtained by giving teacher performance scales, teacher digital literacy, and online learning implementation scales. Results. The results of this tahfidz activity research begin with prayer, then murojaah, memorizing the recitation of the Qur'an. After memorizing the Qur'an, each student deposits his memorization one by one to the ustadz or ustadzah. After that the students and ustadz or ustadzah continue by playing the verse connection game in order to increase the enthusiasm of the students in memorizing so that they are not easily bored and bored, because in learning there are a lot of complaints and laziness when learning, let alone learning to memorize the Qur'an there are a lot of outside distractions. Conclusion. After the students take part in tahfiz learning, there are Islamic morals that can be applied, namely keistiqomahan, patience which is contrary to the previous morals of the students.

I. Setiawan

Objective: This research aims to investigate the role of Islamic values in shaping Corporate Social Responsibility (CSR) practices and their impact on achieving sustainable development goals.   Theoretical Framework: The study addresses the increasing significance of CSR and its integration with sustainable development, particularly from the perspective of Islamic business ethics. It explores how Islamic values influence CSR initiatives, aligning them with principles that foster environmental responsibility and social equity.   Method: A systematic literature review method was employed to analyze a broad range of scholarly articles and reports. This analysis focused on examining the compatibility of CSR practices with Islamic principles.   Result and Conclusion: The findings of this study demonstrate that CSR practices rooted in Islamic values have a positive impact on sustainable development. Such practices promote environmental responsibility and contribute to social equity. This research emphasizes the potential of Islamic business ethics to guide CSR strategies toward more inclusive and sustainable outcomes.   Originality/Value: This research contributes to the field of CSR by highlighting the importance of incorporating Islamic principles into CSR frameworks. It underscores how such integration can advance sustainable development on a global scale.

Maqasid Al Shariah

Haris Maiza Putra, Hisam Ahyani

Indonesia is a state of law related to the disparity in the decisions of different judges in deciding a case, especially in criminal decisions. A more in-depth study is needed, especially in the case of rape, where in rape cases in Indonesia, several judges have sentenced them to death. This study aims to uncover and explore the Internalization of Progressive Islamic Law (Mashlahat) in Amending Criminal Law in the Death Penalty by Judges Against Defendants in Rape Cases in Indonesia. Progressive Islamic Law promoting peace (Mashlahat) can realize legal protection and peace for the people of Indonesia. The approach in this study uses an empirical juridical approach. This research is also normative-legal, qualitative, and uses descriptive methods through literature studies. This research is sourced from various books, international journals, and national journals. The results of the study concluded that 1) Progressive Islamic Law Internalization in Indonesia in changing criminal law can be carried out by changing the law, which can be done through peace (maslahat) by prioritizing Islamic values rahmatan lil 'alamin in developing and incorporating Islamic legal values into the national legal system in Indonesia; 2) the occurrence of changes to criminal law in Indonesia which was decided by this Judge (Criminal Disparity), among others: a) the judge sentenced to life imprisonment; b) the death penalty; c) 12 years in prison; d) Castration punishment; e) 4 years imprisonment; 3) Internalization of Progressive Islamic Law towards changes in criminal law in Indonesia, when a court judge wants to decide his case, for example in a rape case, a decision can be made through the Mashlahat (peace) concept without having to decide the case with a life sentence or up to the death penalty, especially for perpetrators of rape.

Qodariah Barkah, Arne Huzaimah, Siti Rachmiatun et al.

The number of child marriages has recently increased significantly, particularly during the Covid-19 pandemic. This is caused by assumption that child marriage will save the child's financial and social security. In fact, child marriage actually causes many problems, especially regarding the abandonment of women's rights in domestic life. This is contrary to the purpose of marriage in Islam which is to create harmonious, prosperous and happy household. This study aims to gain an in-depth understanding on the forms of abandonment of women's rights in child marriage cases and how the Islamic family law perspective percieves it. The data were obtained through observation, interviews, and literature searches. The research location was conducted in Palembang City, South Sumatra, Indonesia. Data analysis is carried out with an interpretive approach to give meaning so that it has coherence between one another. The research findings show that the forms of abandonment of women's rights in child marriage cases include three types, namely the abandonment of economic rights, human rights and reproductive rights. The abandonment occurs because of community’s legal culture which considers the action as commonplace in the household. Even, the victim of abandonment allowed herself stuck in that position. According to Islamic family law, the abandonment of women's rights in the household is an act of disobedience against justice as well husband’s reluctance to the wife. It is a form of violation of the commands of Allah and His Messenger which is is also emphasized in the legislation with the existence of both social and criminal sanctions.

Itok Dwi Kurniawan, Shalahuddien Noor Muhammad

This research aims to explore and examine the civil law implications for individuals who are Khuntsa and have changed their identities, with a focus on the perspectives of Islamic Law and Civil Law in Indonesia. The research adopts a normative legal approach with a prescriptive nature, emphasizing the analysis of legislation and case studies. If this process is carried out and followed by a legal application to change their gender identity through the court system, and the judge approves it, there will be legal implications. Additionally, it is essential to consider religious perspectives, especially Islam. To address the issues arising from the civil law implications for Khuntsa individuals who have changed their identities based on court rulings, specific regulations governing their status and position are necessary. This is aimed at ensuring legal certainty in such cases.

Fahad Neamah Alshammari, Abdulwahab Abdullatif Sadeq

تكمن أهمية الدراسة والهدف منها في تناول أساس الإشكاليات القانونية لتنظيم إعادة الهيكلة وفق قانون الإفلاس الكويتي الجديد رقم 71 لسنة 2020، وتطوير القواعد الحاكمة لإعادة الهيكلة وفق هذا القانون. فعلى الرغم من حرص المُشرِّع الكويتي على تنظيم قانون الإفلاس الجديد بفلسفةٍ جديدةٍ، ومتطورةٍ؛ متبنيًا مجموعةً من النظريات القانونية، والاقتصادية التي تركِّز على إعادة تنظيم أعمال المدين التاجر الذي يضطرب مركزه المالي، إلَّا أنَّ الإشكالية وفق هذا القانون تكمن في أن آلية إعادة الهيكلة فيه مقيدة بالعديد من الإجراءات الطويلة والقيود، التي تؤثر في ضمان توفير فرصة عادلة؛ لإعادة هيكلة المدين المتعثر ماليًا بآليةٍ تُراعي مصالحَ المدين، والدائنين بذات الوقت. ولتحقيق هذا الهدف، انتهجت الدراسة النهج التحليلي المقارن المتداخل مع الأحكام ذات الصلة الواردة في القوانين المقارنة كالقانون الأمريكي، والمصري، والإماراتي والسعودي. ولقد كشفت الدراسة أن تنظيمَ آليةِ إعادة الهيكلة وفق هذا القانون مقيدٌ بالعديد من الإجراءات الطويلة والقيود على المدين والدائنين ومحكمة الإفلاس، الأمر الذي سيعيق الاستفادة القصوى من إعادة الهيكلة وعدم تحقيق الأهداف الرئيسية المرجو منها؛ ألا وهو ضمان توفير فرصةٍ حقيقيةٍ لإعادة هيكلة نشاط المدين الذي يتعثر ماليًا. ولقد اختتمت الدراسة بمجموعة من النتائج، والتوصيات الى المُشرِّع الكويتي لإدخال عدة تعديلات على القانون رقم 71 لسنة 2020.

Mohamad Abdun Nasir

Conflict can emerge from marriage involving parties of a different faith. However, interfaith marriage may also expose negotiation to secure the union. Although interfaith marriage is normatively restricted in Islamic law, it does occur. This study departs from the normative discourse of Islamic law and the empirical research of Muslim family law. It uses the theory of law, conflict, and integration to analyse the textual debates and practice of interfaith marriage in Lombok, Indonesia. This study reveals the patterns of Muslim interreligious marriage and the conversion that applies. The first pattern shows that non-Muslim partners convert to Islam before the marriage can be concluded. The second pattern involves Muslims who leave Islam to marry their non-Muslim partner. The third pattern suggests that each couple adheres to a different belief during the marriage even though the marriage contract was performed according to Islamic law. From the perspective of Islamic law, in the sense of sharia and Muslim family code, the first pattern is the most ideal because it follows these Islamic legal normativities. Although all practices have the potential for family and social integration, the second pattern is the most susceptible to conflict. Keywords: interfaith marriage, conflict, integration, Islamic law

Naskur Bilalu, Ridwan Jamal, Nurlaila Harun et al.

This study examines the Compilation of Islamic Law (KHI) as a consideration for Religious Court Judges in North Sulawesi in resolving legal cases. This paper is empirical legal research using the sociology of law approach based on facts related to the considerations of judges and decisions of the religious courts in North Sulawesi as the application of the Compilation of Islamic Law. The data collection technique is based on literature review, especially court decisions and in-depth interviews with judges. The findings show that there are four forms of application of KHI, namely: First, KHI is the main reference with considerations: 1) if there is no basis for legal considerations in Laws and Government Regulations; 2) KHI is the agreement of the ulema and is a series of written laws; 3) KHI is jurisprudence, Second, KHI is a reinforcement reference to Government Laws and Regulations with the following considerations: 1) KHI is a reaffirmation of Government Laws and Regulations; 2) KHI provides Islamic characteristics and values; 3) KHI is a special provision for Muslims; 4) KHI realizes marriages must be carried out based on the provisions of the law of religion and belief. Third, KHI is a special reference with the considerations: 1) KHI regulates specifically, while it is not found in laws and Government Regulations; 2) KHI is a special reference for Religious Courts; 3) KHI has regulated while the laws and regulations have not regulated, and Fourth, KHI is not a reference at all with the consideration that no legal basis is found.

Ansori Ansori

Quantitatively, there is a gap between the number of limited religious texts and the enormous reality of dynamic context. Indeed, in the main principle of Islamic law, every activity carried out by a Muslim must comply with sharia rules. The syara’ regulations are religious texts concerning words, actions, or other activities carried out by someone capable of law (mukallaf). To overcome the possible gap between the text and the context, the scholars (ulama) formulate various methods with the result that Islamic law can be a medium of connecting and an effective means of compromising religious texts with one’s activities. With the production of these various methods, the production of texts that have ended since the death of the Prophet Muhammad ± 1500 years ago will still have control and be able to guide humankind. This article discussed how fatwa, as scholars’ thoughts, has a dialectic with society’s reality. In addition, it also explored fatwas’ practical level. In fact, fatwa is one of the efforts to find syar’i answers to various problems arising in human life, especially in modern times

Halimah Basri, Andi Miswar, Hamka Hasan et al.

The division of inheritance is one of the main problems in Islamic law. The legal basis for inheritance division refers to the Qur’an and hadith as the sources of law. However, there are different interpretations and practices in society regarding the division of inheritance for women and men. Here, this paper examines the practice of dividing the inheritance of women and men with the living Qur’an approach, and also maps out the forms of reception that occur in society and its implications for Islamic law. This qualitative study used the living Qur’an approach and collected the data by means of literature review and in-depth interview in three areas, namely Makassar City, Gowa and Bulukumba. The results of the study revealed that the people of Makassar have always divided inheritance based on the legal sources combined with customary law (adak). In this context, the community reception is grouped into three: first, the community that gives women the inheritance rights in accordance with the text in the Islamic law of a 2: 1 ratio (2 for male and 1 for female); second, the community that divides the inheritance through musyawarah (deliberation) and mufakat (consensus); and third, the community who carries out the inheritance settlement in court. In this case, however, the community tends to settle more through musyawarah and mufakat based on their customs and habits to maintain family integrity. This is because women are positioned with respect, while family problems including inheritance are part of siri' (shame). The division of inheritance to women from the point of view of the living Qur’an has an implication for flexible Islamic law as there is an integration of traditional Islamic teachings and culture within society.

S. Khosyi’ah, Ayi Yunus Rusyana

Abstract Islamic inheritance law is one aspect that is regulated in Qur’an and Hadith. However, the inheritance distribution of the descendent of children and siblings is not explicitly explained in the Qur’an and the Sunnah, which often creates conflicts and disputes. Therefore, this study aims to reveal the approach of Islamic law in completing inheritance for the descendant of children and siblings with the local wisdom of Indonesian society. This research used a qualitative descriptive analysis method. This research also observed Indigenous Peoples in West Java Province, a local cultural representation in Indonesia. The results of this study found that there is a factor of kanyaah (love affection), which is local wisdom as a separate mechanism in resolving the distribution of inheritance for descendent of children and siblings without causing family conflict, besides the understanding of Islamic inheritance law and educational factors.

Suud Sarim Karimullah

This study responds to a polemic on Indonesia’s formalization of Islamic law, which is inseparable from the dynamics of political authority and the internal views of Muslims. It seeks to describe, explore, construct, and analyze the  ​​Indonesianization of Islamic law, as proposed by Kamsi, an Islamic law professor at Sunan Kalijaga State Islamic University of Yogyakarta, as one of the efforts to make Islamic law become the national law. The Indonesianization of Islamic law, namely by legislating or codifying Islamic law through the state system so that it is enforceable in Indonesia. This study is conceptual research using a legal philosophy approach to comprehend an Islamic legal thought from a sharia scholar using the content analysis method. The results of this study show that the concept of Indonesianisation of Islamic Law uses a modern knowledge system as the paradigm. This effort seeks to nationally legalize Islamic law through Indonesian legal instruments that can give birth to inclusiveness and tolerance coupled with pluralism with differentiation in unification. Its theoretical implication emphasizes a need for epistemological and axiological adjustments to realize the concept of Indonesianization of Islamic law. The idea should also apply nationally within the framework of Pancasila (the Indonesian state’s ideology) as a democratic country. Keywords: Kamsi, Indonesianization of Islamic Law, National Law.

Abd. Karim Faiz, Zulfahmi Ar, Ahmad Izzuddin

The relationship between state law and religion (Islamic law) is still problematic in its implementation. This problem occurs in practising divorce outside the court in Situbondo, Indonesia. Its case is interesting because it is still considered legal by the community and religious leaders according to religious law even though the divorce decision has not been received from the court. This legal phenomenon is contrary to positive law in Indonesia. This article aims to explain the practice of divorce outside the court in Situbondo and the authority problem between state law and Islamic law. After conducting intensive field research for three months with perpetrators of out-of-court divorce, religious leaders, and the Head of the Office of Religious Affairs, the authors found that the widespread practice of divorce outside the court was caused by the influence of religious leaders’ understanding and public understanding. This understanding becomes the doctrine that divorce in Islamic law is legal without having to await a divorce decision from the religious court. The authors stated that the dominance of the authority of Islamic law over state law in the practice of divorce in Muslim societies has negative implications for the rights of children and ex-wives.