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All Journal Asy-Syariah Intelektual: Jurnal Pendidikan dan Studi Keislaman
Mohammad Lukman Chakim
Universitas Islam Negeri Syekh Wasil Kediri
Religion Humanities Education Social Sciences

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Internalisasi Nilai Moderasi Beragama dalam Living Fikih di Pesantren Mohammad Lukman Chakim; Yasin Nurfalah
Intelektual: Jurnal Pendidikan dan Studi Keislaman Vol. 16 No. 1 (2026): Intelektual: Jurnal Pendidikan dan Studi Keislaman
Publisher : Program Pascasarjana Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/ji.v16i1.7930

Abstract

This research aims to explain the process of internalizing the values of religious moderation within the pesantren educational system and how these values are manifested in the practice of living fiqh. This study employs a qualitative approach with a field research design. Data were collected through observation, interviews, and documentation, and analyzed using a descriptive-analytical method to uncover patterns of internalizing moderation values in students' religious practices. The findings reveal that the internalization of religious moderation values at Pesantren Al-Falah Ploso occurs through the integration of three main strategies: a structured fiqh curriculum, fiqh deliberation (musyawarah fikih), and the chain of scholarly transmission. These three elements complement one another in shaping the students' understanding, experience, and religious attitudes. This internalization results in a moderate practice of living fiqh, reflected in mutual respect, moderation in adhering to legal schools (madhhab), and the ability to understand fiqh contextually. This indicates that religious moderation does not remain merely at the conceptual level but has been realized in students' actual behavior. Thus, moderate living fiqh becomes an important means of actualizing the values of religious moderation, where fiqh is understood not only as a normative text but also as lived in socio-religious practices.
Islamic legal authority in the Indonesian legal system: a historical-normative analysis from the fiqh siyasah perspective Mohammad Lukman Chakim; Irzak Yuliardy Nugroho
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2412

Abstract

This study aims to analyze the authority of Islamic law in the Indonesian national legal system using the theoretical frameworks of authority and persuasive sources from H. Patrick Glenn, as well as the perspective of fiqh siyasah. This study uses a historical-normative method, tracing the development of Islamic law from the colonial period to post-independence, and analyzing its authority in the current legal system in Indonesia. The results of the study indicate that during the colonial period, Islamic law functioned primarily as a persuasive source, namely, religious norms implemented socio-religiously without formal binding force within the state's legal structure. However, after independence, Islamic law underwent a significant transformation through normative recognition in laws and regulations, such as Law No. 1 of 1974/19 of 2019 and Law No. 7 of 1989 concerning Religious Courts. The existence of these laws implies that Islamic legal norms become legal, binding, and have legal consequences. This transformation from persuasive norms to authoritative norms does not conflict with the principles of the rule of law or the character of Indonesia as a Pancasila state, but rather reflects the dialogical and complementary relationship between religion and the state. In the fiqh siyasah perspective, the state is seen as having the legitimacy to adopt Islamic legal values oriented towards justice and public benefit into positive law.
Co-Authors Irzak Yuliardy Nugroho Yasin Nurfalah