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All Journal Smart: Journal of Sharia, Tradition, and Modernity
Alamsyah, A.
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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THE EPISTEMOLOGY OF ISLAM NUSANTARA JURISPRUDENCE AND ITS CONTRIBUTION IN FAMILY LAW REFORM IN INDONESIA Fuad, Moh. Fahimul; Mukri, Moh.; Alamsyah, A.; Akla, A.
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 1 June (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i1.9872

Abstract

The term Islam Nusantara has sparked and caused polemics, pros, and cons that are quite warm in Indonesia since 2015 until now. As happened in the West Sumatra MUI environment. Islam Nusantara is interpreted as a religious pattern that exists in the archipelago, both at the level of religious practice and how to preach it. The level of amaliyah is interpreted as religious behavior that exists in the archipelago, especially in relation to fiqh which originates from its religious understanding. The problem is: What is the source of knowledge used in formulating Islamic fiqh in Nusantara? What is the validity and method of understanding the sources of knowledge used in formulating Islamic jurisprudence in Nusantara? How is the contribution of Islam Nusantara jurisprudence in reforming family law in Indonesia? This study aims to find answers to the epistemological formulation of Islamic jurisprudence in the archipelago and its contribution to reforming family law in Indonesia. To answer the questions above, the author uses qualitative research methods, types of literature research, the theory of ijtihad with the ushul fiqh approach. This means that the study of the concept of Islam Nusantara is carried out using the framework of ushul fiqh knowledge, especially regarding the concept of ijtihad. At the level of research work, the stretching of thinking to produce fiqh concepts that are unique to the archipelago is seen as part of ijtihad activities. The findings of the research are: (a) The source of knowledge used in formulating Islamic jurisprudence in the archipelago is a source of knowledge commonly known in the study of fiqh and ushul fiqh, both the mujma ’alaih and the mukhtalaf fih, (b) the source of knowledge as said to be valid. By giving a large enough portion to 'urf, and a benefit-oriented understanding, (c) Islam Nusantara’s fiqh can be used as an alternative law in the context of reforming family law in Indonesia.Keywords: Islam Nusantara, Jurisprudence, Epistemology, Legal Reform
RECONSTRUCTION OF NUSYÚZ CONCEPT IN COMPILATION OF ISLAMIC LAW IN INDONESIA (Gender Equality Perspective Analysis) Fitri, Al; Alamsyah, A.; Sadari, S.; Susanto, Is
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.10992

Abstract

Nusyúz is a classical conception codified as a standard law written in Qs. an-Nisáa’ verses 34 and 128. The conventional fiqh perspective of nusyúz connotes the wife’s disobedience to her husband, because it is influenced by the patriarchy of pre-Islamic Arab culture. Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law in Indonesia mentions nusyúz in Articles 80, 84 and 125, only regulates the wife’s nusyúz and its legal sanctions, while the husband’s nusyúz is not mentioned. There is ambivalence, ambiguity and legal injustice for the wife. The focus of this research is the concept of nusyúz in KHI from a gender perspective and its correlation with the development of family law in Indonesia. This type of research is library research with a gender equality analysis approach. The results of this study indicate that it is necessary to rearrange the concept of nusyúz in the KHI, including the modern era understanding of nusyúz and adding the husband's concept of nusyúz and its legal sanctions in KHI.Keywords:     Nusyúz Modern Era, Gender Perspective, Justice.
Co-Authors Akla, A. Fitri, Al Fuad, Moh. Fahimul Moh. Mukri Sadari, S. Susanto, Is