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Titik Singgung Hukum Islam dengan Hukum Adat pada Naskah Perundang-Undangan Kerajaan Islam di Nusantara Masykhur, Anis
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v14i2.3724

Abstract

The study of the intersection of Islamic law with customary law in the legislation texts of the Islamic kingdoms in the Indonesian Archipelago is intended to describe the flexibility of Islamic law when it meets customary law, and vice versa. This research is a comparative study between the laws that were made into the sultanate law in the archipelago in the 16-18 century AD. The nature of Islamic law is believed to have the ability to adapt (legal adaptability) with other laws. One theory that can strengthen this statement is the existence of one of the five major principles in the science of Usul al-Fiqh, namely "al-ʻadāh al-muhakamah" which means that customs can be used as a legal basis. Ibn al-Qayyim also introduced the rule of "taghayyur al-fatwā bi taghayyur al-azminah", meaning changes in fatwas due to changes in time. These principles reinforce the flexibility of Islamic law. By taking some examples from articles from the Malacca law, the Simbur Tjahaya Act of the Palembang Sultanate, the Jambi Customary Law, the Sultan Adam Law on the Banjar Sultanate, the Martabat Tujuh Law for the Buton Sultanate and the Baraja Niti Kutai Law Kartanegara, it was found that the intersection between Islamic law and customary law was seen in these laws, which were complementary, and there was no tension.
Islam Dayak: Dialektika Identitas Dayak Tidung dalam Relasi Sosial-Agama di Kalimantan Timur Ahmad Muthohar; Anis Masykhur
Hikmah: Journal of Islamic Studies Vol 11, No 1 (2011): Islam dan Kearifan Lokal
Publisher : STAI ALHIKMAH Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (194.222 KB) | DOI: 10.47466/hikmah.v11i1.142

Abstract

Dayak Tidung is one of the communities of sub-Dayak from families of Murut who do dialectic and construct their own identities independently. Their civilized existence can be a driving force (trigger power) in building social integration that is often hurt by the conflict of ethnicity and religion. In addition, it could act as a breaker of the classical construction of Dayak identity attached to non-Muslims and non-Malays that could jeopardize the potency for social integration in East Kalimantan. This study is aimed to determine the dialectic of the identity of Dayak Tidung, especially in the aspect of social relation and religion. Thus this can be understood as: firstly the dialectic of religious identity and struggle of the identity of Dayak, secondly, the dynamics of the social-religious relation and its response in articulating Islam in the middle of the local identity of Dayak, and thirdly the dynamics of its religiousness and its relation to the community outside of itself. Keywords: relation, dialectics, identity Dayak Tidung adalah salah satu komunitas sub Dayak dari rumpun Murut yang melakukan dialektika dan mengkontruksi identitasnya secara mandiri. Keberadaannya yang civilized dapat menjadi kekuatan pendorong ( trigger power) dalam membangun integrasi sosial yang kerap terciderai konflik berbasis vis a vis etnisitas dan agama. Di samping itu bisa berperan sebagai pembongkar terhadap kontruksi klasik identitas Dayak yang lekat dengan non Muslim dan non Melayu yang dapat membahayakan potensi integrasi sosial di Kalimantan Timur. Penelitian ini dimaksudkan untuk mengetahui dialektika identitas Dayak Tidung, terutama dalam aspek relasi sosial dan Agama. Dengan demikian bisa dimengerti beberapa hal. Pertama, dialektika keberagamaan dan pergulatan identitas ke Dayakannya. Kedua, dinamika Relasi Sosial-Agama dan responsinya dalam mengartkulasikan agama (Islam) ditengah identitas lokal Dayak. Ketiga, dinamika keberagamaannya dan relasinya terhadap komunitas di luar dirinya. Kata Kunci: relasi, dialektika
BLESSING IN DISGUISE TEORI RECEPTIE: DAMPAK TEORI RECEPTIE PADA TRADISI PENYALINAN DAN PENULISAN ULANG MANUSKRIP HUKUM ADAT DAN UNDANG-UNDANG KERAJAAN ISLAM NUSANTARA Anis Masykhur
istinbath Vol 19 No 2 (2020): Desember
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v19i2.268

Abstract

The political policy of the Dutch colonialists in the late 19th and early 20th centuries had followed up on Snouck Hurgronje’s recommendations, especially the relationship between Islam and politics and between Islam and adat. One of the recommendations was that Islam must be separated from the political aspect. In terms of relations with customary law, Islamic law can only be enforced when it be recognized by customary law, which is then known as the receptie theory. The implementation of this theory had been clearly of negative value for the existence of Islamic law. However, the positive side cannot be ignored. Some of the policies carried out by the colonizers were mobilizing the kingdoms in the archipelago to record the acts of kingdoms or applicable customary law by transmitting manuscripts from previous works. This research is a study of customary law documents and statute manuscripts those have been enforced in several Islamic kingdoms by looking at the writing, promulgation and re-copying period. The analysis is equipped with a historical approach. The findings of this study that after the acceptance of the receptie theory, rewriting of customary law documents was most intensive and its peak when it was recorded in 45 volumes adatrechtbundels. Volume I was first printed in 1910 AD. By that, the Government emphasized that the law that had been applied was a customary law. Whereas by featuring the customary law, in essence it also accentuated the Islamic law.
Titik Singgung Hukum Islam dengan Hukum Adat pada Naskah Perundang-Undangan Kerajaan Islam di Nusantara Anis Masykhur
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1391.678 KB) | DOI: 10.24090/mnh.v14i2.3724

Abstract

The study of the intersection of Islamic law with customary law in the legislation texts of the Islamic kingdoms in the Indonesian Archipelago is intended to describe the flexibility of Islamic law when it meets customary law, and vice versa. This research is a comparative study between the laws that were made into the sultanate law in the archipelago in the 16-18 century AD. The nature of Islamic law is believed to have the ability to adapt (legal adaptability) with other laws. One theory that can strengthen this statement is the existence of one of the five major principles in the science of Usul al-Fiqh, namely "al-ʻadāh al-muhakamah" which means that customs can be used as a legal basis. Ibn al-Qayyim also introduced the rule of "taghayyur al-fatwā bi taghayyur al-azminah", meaning changes in fatwas due to changes in time. These principles reinforce the flexibility of Islamic law. By taking some examples from articles from the Malacca law, the Simbur Tjahaya Act of the Palembang Sultanate, the Jambi Customary Law, the Sultan Adam Law on the Banjar Sultanate, the Martabat Tujuh Law for the Buton Sultanate and the Baraja Niti Kutai Law Kartanegara, it was found that the intersection between Islamic law and customary law was seen in these laws, which were complementary, and there was no tension.
Ke Arah Pendidikan di Wilayah Perbatasan : Studi Kasus Perbatasan Kalimantan Timur (Indonesia) - Malaysia Anis Masykhur
EDUKASI: Jurnal Penelitian Pendidikan Agama dan Keagamaan EDUKASI | VOLUME 8, NOMOR 1, APRIL 2010
Publisher : Badan Litbang dan Diklat Kementerian Agama RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32729/edukasi.v8i1.112

Abstract

this article discusses the educational condition in the borders of northern part of East Kalimantan, one og the strategic areas being the veranda of Indonesia. to improve the educational quality there, it is necessary to specifically take into account the condition of those living in such geography. in addition, their lifestyle must also be accommodated in an educational orientation to benefit them because they are mostly farmers and fishermen. to strengthen the religious content, a “boarding" model like pesantren must be considered. for affordable educational expenses, more effective cooperation patterns between the government and the community must be attained, formulated, and implemented.
Policy Study on The Implementation of Islamic Education at The Secondary Level and Islamic Higher Education of 2006 - 2020 Sapdi, Rohmat Mulyana; Masykhur, Anis; Anwar, Chairul; Sada, Heru Juabdin
Al-Tadzkiyyah: Jurnal Pendidikan Islam Vol 13 No 2 (2022): Al-Tadzkiyyah: Jurnal Pendidikan Islam
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/atjpi.v13i2.16052

Abstract

This research elaborates on the results of Islamic education policy research with the object of reviewing regulations on the administration of secondary and tertiary education issued in the 2006-2020 period. Based on the main task and function of the Minister of Religion contained in Presidential Regulation Number 83 of 2015 is to administer the government in the field of religion. The scope of authority for administering education is also in the area of religion, as emphasized in Government Regulation No. 55 of 2007. Since Law no. 20 of 2003 concerning the National Education System, there has been a fundamental change in implementing Islamic education. The Minister of Religious Affairs has a wider mandate in the education sector that extends to non-religious fields. This is marked by the widespread establishment of academic madrasas at the secondary level and institutional transformation to UIN at the higher education level. The Regulation of the Minister of Religious Affairs No. 90 of 2013 concerning the Implementation of Madrasas Education and The Regulation of the Minister of Religious Affairs No. 15 of 2014 concerning the changes in the Form of Religious Higher Education Institutions confirms the basis for changes in the orientation of the implementation of secondary and higher education. At the Madrasah Aliyah level, the development of non-religious study programs is growing faster than religious study programs. At the Islamic higher education level, students with a religious education background are smaller than those with a general education background.