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Makmun Syar'i
Sekolah Tinggi Agama Islam Negeri Samarinda
Religion Education

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Undang-undang Panji Selaten dan Beraja Niti tentang Hukum Islam di Kesultanan Kutai Kertanegara Makmun Syar'i
Islamica: Jurnal Studi Keislaman Vol. 5 No. 1 (2010): September
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (60.098 KB) | DOI: 10.15642/islamica.2010.5.1.142-151

Abstract

This paper discusses the problem of inter-marriage between customary law and Islamic law by referring to the laws of Panji Selaten and Beraji Niti as a case in point. These are the laws of Kutai Kertanegara Sultanate in Kalimantan. The paper particularly asks to what extent does customary law in Kutai Kertanegara absorbs Islamic law and vice versa. We argue that this case is a perfect example of not only the ability of Islam to adapt to a local scenario but also the genius of early Muslims in this particular region to understand the universal message of Islam. That Islam is universal means that it is applicable in different settings and contexts. We also discuss the history of the two laws, their characteristics and systems in order to present a clear idea of how they connote to the Islamic values. Further, through this study we try to show that in one way or another, the Dutch colonizing power at the time was aware that to keep the resistance at bay, it has to apply the policy of what Van Den Berg calls receptio in complexu, that is recognizing and applying Islamic law for the Muslims.
Akar Sejarah Pemikiran al-Shāṭibī tentang Rukhsah Makmun Syar'i
Islamica: Jurnal Studi Keislaman Vol. 6 No. 1 (2011): September
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (185.409 KB) | DOI: 10.15642/islamica.2011.6.1.87-103

Abstract

Al-Shatibi is known in the history of Islam as a prisoner in the theory of Syariah. He wrote al-Muwāfaqāt, his magnum opus. This paper deals with this historic figure by referring to his theory concerning rukhsah; an exemption given to Muslim in performing the rites for certain and acceptable reason. The paper will look at this concept by considering the background in which it is propounded. We believe that his theory is not conceptualized out of the blue. Two keywords will be used to embark on this task, namely 'adam al-ḥaraj and (taṭbīq). The former is about removing the difficulty from man, and the latter is about the application of the Syariah in the live of individual. By using the first concept, the paper will try to reconstruct the fact that in propounding his theory of rukhsan, al-Syatibi always keeps in mind the fact that Islam is revealed mainly to make life easy, and not vice versa. By using the second concept in the meantime, we try to show that the Syari'ah laws?rukhsah included?are revealed to apply (the application Syariah is not always in political context).
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