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All Journal Ahkam: Jurnal Ilmu Syariah Jurnal Kriminologi Indonesia Refleksi: Jurnal Kajian Agama dan Filsafat
Noryamin Aini
UIN Syarif Hidayatullah Jakarta
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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SAAT HUKUM TIDAK BERDAYA (NASIB PEREMPUAN KORBAN KEKERASAN DALAM HIMPITAN HUKUM) Noryamin Aini
Jurnal Kriminologi Indonesia Vol 7, No 1 (2011): Mei
Publisher : Universitas Indonesia

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Abstract

The gender-based-violence is a nightmare and tragedy for women in transnational, cross cultural, geographical and civilizational boundaries. Moreover, prolonged human history has pervasively documented tragic, catastrophic facts recording women’s victimization. Culture, social system and structure, misogynic-religious interpretation, and especially patriarchal ideology have been stimulating, perpetuating and maintaining this women’s awful fate. Actually, several policies, political discretions and legal venues have been initiated and set up to be done in dealing with this issue. However, since law is just merely an epiphenomenon, a manifestation of cultural and social values, and a supra structure of economic power, the powerlessness and the paralyses of law were substantially and widely observed in this study. Hence, gender-based-victim have been dreadfully trapped within the dilemma of law.
TRADISI MAHAR DI RANAH LOKALITAS UMAT ISLAM: MAHAR DAN STRUKTUR SOSIAL DI MASYARAKAT MUSLIM INDONESIA Noryamin Aini
AHKAM : Jurnal Ilmu Syariah Vol 14, No 1 (2014)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v17i1.1239

Abstract

Mahar Tradition in Muslim Locality: Mahar and Social Structure in Indonesian Muslim Society. Law consists of two fundamentals: moral and formal dimensions. Muslim legal scholars greatly appreciate the interplay of both aspects. Legal positivism separates them and law is ultimately framed in a formal-standard logical construct. Legal moral values are universal. It is flexible, universal and can be easily adapted into local contexts. Sociologically, social and cultural structure has proven to play an important role in the structuring of legal format. This paper proves that the practice of dower in a number of Muslim societies changes and varies crossing local boundaries. The dower tradition has been changed from money and other practical objects, into more symbolic materials, namely accessories and religious symbols.DOI: 10.15408/ajis.v14i1.1239
Jender dalam Diskursus Keislaman: Relasi Jender dalam Pandangan Fiqih Noryamin Aini
Refleksi Vol 3, No 2 (2001): Refleksi
Publisher : Faculty of Ushuluddin Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ref.v3i2.25759

Abstract

Tulisan ini sebagai suatu bentuk refleksi “pembacaan ulang” konsep-konsep keagamaan Islam tentang jender, khususnya dalam konteks fikih. Di bagian awal tulisan dipaparkan jender dalam diskursus sosial, kemudian jender dalam tradisi pemikiran keislaman. Terakhir akan didiskusikan rekonstruksi konsep jender dalam Islam.
Ridda (Apostasy) and the Ambiguity of Islamic Legal Discourses Aini, Noryamin
Refleksi: Jurnal Kajian Agama dan Filsafat Vol 4, No 1 (2002): Refleksi
Publisher : Faculty of Ushuluddin Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ref.v4i1.44770

Abstract

The emergence of Islamic liberalism has often been perceived as a threat by those who consider themselves the primary guardians of Islam’s purity. This perception has led to a rise in religious fundamentalism, characterized by intolerance toward diverse interpretations of Islamic teachings. One of the most tragic cases related to this issue is the execution of Sudanese leader Mahmoud M. Thaha on January 18, 1985, by Nimeiri’s regime. Thaha was sentenced to death for his unorthodox views on naskh (abrogation) and mansūkh, which challenged the established Islamic doctrine. The concept of ridda (apostasy) has become increasingly contentious, particularly in light of human rights discourse. Historically, ridda laws have been used by fundamentalist groups as a means to suppress dissent. Classical jurists developed these laws within specific socio-political contexts, yet their interpretations have persisted. This paper argues that the traditional Islamic law of ridda is not only at odds with Qur’anic principles of religious freedom but also suffers from significant epistemological and methodological ambiguities. The reliance on Prophetic traditions and legal precedents is problematic due to inherent contradictions and contextual misinterpretations. This study critically examines the methodological foundations of ridda law and its implications for contemporary Islamic legal discourse.
Ridda (Apostasy) and the Ambiguity of Islamic Legal Discourses Aini, Noryamin
Refleksi: Jurnal Kajian Agama dan Filsafat Vol. 4 No. 1 (2002): Refleksi
Publisher : Faculty of Ushuluddin Syarif Hidayatullah State Islamic University, Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ref.v4i1.44770

Abstract

The emergence of Islamic liberalism has often been perceived as a threat by those who consider themselves the primary guardians of Islam’s purity. This perception has led to a rise in religious fundamentalism, characterized by intolerance toward diverse interpretations of Islamic teachings. One of the most tragic cases related to this issue is the execution of Sudanese leader Mahmoud M. Thaha on January 18, 1985, by Nimeiri’s regime. Thaha was sentenced to death for his unorthodox views on naskh (abrogation) and mansūkh, which challenged the established Islamic doctrine. The concept of ridda (apostasy) has become increasingly contentious, particularly in light of human rights discourse. Historically, ridda laws have been used by fundamentalist groups as a means to suppress dissent. Classical jurists developed these laws within specific socio-political contexts, yet their interpretations have persisted. This paper argues that the traditional Islamic law of ridda is not only at odds with Qur’anic principles of religious freedom but also suffers from significant epistemological and methodological ambiguities. The reliance on Prophetic traditions and legal precedents is problematic due to inherent contradictions and contextual misinterpretations. This study critically examines the methodological foundations of ridda law and its implications for contemporary Islamic legal discourse.
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