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Contribution of T.M. Hasbi Ash-Shiddieqy in the Renewal of Islamic Law in Indonesia Asy'ari Asy'ari
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.3676

Abstract

T.M. Hasbi ash-Shiddieqy is one of the leading reformers of Islamic law in Indonesia. He initiated the idea to draft Islamic law in accordance with the socio-culture of Indonesian society called "Fiqh Indonesia". According to T.M Hasbi ash-Shiddieqy law that applies in Indonesia does not follow Indonesian society's personality. Therefore, he emphasized the need to make laws that follow Indonesia's socio-cultural society and follow the conditions and developments of the times. As for the Ijtihad of the previous scholars contained in the fiqh, madhab is not necessarily discarded but chosen in accordance with the socio-cultural conditions of Indonesian society. In expressing his opinion, T.M Hasbi ash-Shiddieqy uses a textual and contextual approach based on urf, mashlahah mursalah and sadd adz-dzari'ah. Among the ideas of renewal of T.M. Hasbi ash-Shiddieqy is collective, allowing shaking hands with non-mahram women (women who have no blood relation), zakat (tax) non-Muslims, the establishment of zakat board institutions, the ability to make pictures and statues, the use of hisab methods in determining the beginning of Ramadan and the law of cutting hands because it is continuously repeated not due to the level of stolen goods.
Customary Law System Againts The Distribution Of Inheritance In South Aceh Regency Asy'ari Asy'ari; Muhammad Faisal
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.3826

Abstract

South Aceh is an area with a variety of tribes and cultures that have a uniqueness compared to other regions in Aceh. In terms of the division of heritage of the people of South Aceh has its own traditions that have been done for generations since long ago. This research aims to find out how the practice and philosophy of heritage distribution in the people of South Aceh Regency. The research method used is field research with qualitative patterns. In the discussion use descriptive methods of analysis. The results of the research obtained, namely thedistribution of heritage in South Aceh Regency can be seen from several aspects, namely First;the people ofSouth Aceh majority divide inheritance based on customary law, but there is also a small percentage who divide inheritance using Islamic law. Inheritanceis only divided for children who died. Second; The time of division of inheritance in South Aceh society varies, some are divided when the parents are still alive, when one of the parents dies, when both parents die and there is also a split after a very long time. Third; The number of parts of inheritance divided varies, some divide the male share larger than the female, the female part is greater than the male and there is also a large divide between men and women. Fourth; There are others outside the heirs who get a share of the inheritance such as adopted children, nieces and caregivers of parents.