Mustabesyirah. H
Universitas Muhammadiyah Makassar

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Hukum Memakai Cadar (Studi Komparatif Terhadap Putusan Hukum Lajnah Bahtsul Masail Nahdlatul Ulama Dengan Majelis Tarjih Dan Tajdid Muhammadiyah) Mustabesyirah. H
Jurnal Ilmu Pendidikan Pancasila, Kewarganegaraan, dan Hukum Vol. 3 No. 2 (2026): PAKEHUM - Agustus
Publisher : CV. SINAR HOWUHOWU

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70134/pakehum.v3i2.2018

Abstract

Abstract Cadar is a popular problem in Indonesia that is frequently discussed. There are differences of opinion about the law using the veil, namely groups that allow their use and those who refuse to use it. This study wants to examine the law using the veil according to Nahdatul Ulama and Muhammadiyah in the use of legal arguments using the veil. This study uses a comparative or comparative method. the conclusion that was obtained was that the Lajnah Bahtsul Masail Nahdatul Ulama and Majelis Tarjih and Tajdid Muhammadiyah differed on the legal issue of wearing the veil. In addition, Nahdatul Ulama uses the qauly method, which follows the opinions of the ulema of the school obliging and not obliging to wear a veil that follows the opinions of the ulema of the school by referring to the book Maraqil Falah Syarh Nurul Idhah and Bajuri Hasyiyah Fathul Qarib, while Muhammadiyah uses the ijtihad method bayani, where ijtihad is based on the arguments interpreted by human reason based on the arguments of the Qur'an and Hadith, so that it determines that there is no text that mentions the law using the veil, then the law of wearing the veil is not mandatory.  
Modernisasi Dan Reformisme Dalam Pembaruan Pemikiran Hukum Islam Dan Pranata Sosial Di Negara Islam (Telaah Komparatif Indonesia-Malaysia) Mustabesyirah. H; Syahida Asia Almuqarramah; Nur Azizah; Fitria Yusuf
Jurnal Ilmu Pendidikan Pancasila, Kewarganegaraan, dan Hukum Vol. 3 No. 2 (2026): PAKEHUM - Agustus
Publisher : CV. SINAR HOWUHOWU

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70134/pakehum.v3i2.2019

Abstract

This paper discusses the modernization and reform of the development of Islamic law and social   institutions in Islamic countries as a comparative study of Indonesia and Malaysia. Islamic law revealed by Allah aims to prevent confusion in the community and bring benefit to them, directing them to truth, justice and wisdom and explaining the path that must be passed. In this case, it is based on five main priorities, namely maintaining religion, soul, mind, lineage and property, based on the al-Qur'an which is universal and dynamic. Thoughts on the development of Islamic law have long been studied by Western historians, especially those who have a tendency to justify the authenticity of Islamic law. Because the legal theme has a relationship with reality and the physical environment, it inevitably has to face challenges related to the facts of social change. Meanwhile, modernism in Islam is a series of thoughts and schools of thought in ijtihad to think rationally and to change understandings or customs that must be adapted to developments and conditions that exist at this time, without leaving Islamic values. Therefore, opportunities are always open and must be carried out by taking into account the social implications of the application of the product of legal thought.