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All Journal Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Tasfiyah Jurnal Hukum Islam
M. Atho Mudzhar
Graduate School of State Islamic University (UIN) Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kajian Ilmu-Ilmu Syari'ah Di Perguruan Tinggi : Sudahkah Merespon Tuntutan Masyarakat? Mudzhar, M. Atho
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46, No 2 (2012)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/asy-syir'ah.2012.%x

Abstract

This article is aimed at examining how the study of Shari'ah sciences in the higher learning institutions in Indonesia has been conceptually developed over time, and assessing whether or not such a development has responded to meet the dynamic demand of modern Muslim communities in the world. To achieve the objective, the article started with the examination of the epistemological concepts that have been used so far to maintain certain departments of studies or create new ones by employing a three-layer concept of Islamic law studies (philosophical, normative, and empirical). Further, the article undertook a comparative analysis of how the study of the Shari'ah sciences had been developed in three most relevant countries to Indonesia, namely Egypt, Saudi Arabia, and Malaysia, where the creation of new departments in the Faculty of Shari'ah had been responsive to their respective local demands. The article concluded that the study of Shariah sciences in Indonesia had been characterized by the lack of attention to studies of Usul al-Fiqh as indicated by the absence of the department of Usul al-Fiqh at either undergraduate or graduate studies, and the lack of advanture to integrate the study of Shari'ah sciences proper with such modern demands -apart from Islamic economics - as in the field of human rights, taxation, industrial law, land reform, etc
The Psychological Approach to Islamic Studies: Between Theory and Practice Hopipah, Eva Nur; Kamil, Sukron; Mudzhar, M. Atho
Tasfiyah: Jurnal Pemikiran Islam Vol. 9 No. 1 (2025)
Publisher : University of Darussalam Gontor, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tasfiyah.v9i1.13121

Abstract

There are different approaches to Islamic Studies, one of which is the psychological approach. This approach focuses on the psychological aspects that influence the study of Islamic Studies. In its development, the psychological approach has received various criticisms, both normative and empirical, from both classical and contemporary perspectives. This research aims to explore and develop the psychological approach in Islamic Studies more comprehensively, both theoretically and practically. The research method used is library research by analyzing various literatures. Primary sources in this research include classical and modern books and articles related to psychological approach in Islamic studies. Meanwhile, other books and articles relevant to this research are used as secondary sources. The results of this study show that there is a strong connection between theory and practice in the psychological approach in Islamic studies. However, there are also aspects that are not fully aligned between the theoretical framework and its application, both in the normative and empirical areas. The psychological approach in Islamic studies has a close relationship between theory and practice, although there are fundamental differences in understanding human psychological dynamics. Theoretically, the Islamic psychological approach is different from general psychology, while empirically, its application still faces challenges in understanding human psychological dynamics. However, this approach still offers advantages in the integration of knowledge, contextual understanding, and more comprehensive data-based analysis.
Kajian Ilmu-Ilmu Syari'ah Di Perguruan Tinggi : Sudahkah Merespon Tuntutan Masyarakat? Mudzhar, M. Atho
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46 No 2 (2012)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v46i2.43

Abstract

This article is aimed at examining how the study of Shari'ah sciences in  the higher  learning  institutions  in Indonesia  has  been  conceptually  developed  over  time,  and assessing whether or not such a development has responded to meet the dynamic demand of modern Muslim communities in the world. To achieve the objective, the article started with the examination  of  the  epistemological  concepts  that  have  been used so far to maintain certain departments of studies or create new  ones  by  employing  a  three-layer  concept  of  Islamic  law studies (philosophical, normative, and empirical). Further, the article  undertook  a  comparative  analysis  of  how  the  study  of the  Shari'ah  sciences  had  been  developed  in  three  most relevant  countries  to  Indonesia,  namely  Egypt,  Saudi  Arabia, and  Malaysia,  where  the  creation  of  new  departments  in  the Faculty  of  Shari'ah  had  been  responsive  to  their  respective local demands. The article concluded that the study of Shariah sciences  in  Indonesia  had  been characterized  by  the  lack  of attention to studies of Usul al-Fiqh as indicated by the absence of  the department of  Usul al-Fiqh at either undergraduate or graduate  studies,  and  the  lack  of  advanture  to  integrate  the study of Shari'ah sciences proper with such modern demands  -apart from Islamic economics  - as in the field of human rights, taxation, industrial law, land reform, etc
Principles of Reversal Burden of Proof in the Perspective of Indonesian Criminal Law and Islamic Law Ahmad , Gunaldi; Rosyid, Maskur; Mudzhar, M. Atho; Ritonga, Mhd Rasid
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.6749

Abstract

The principles of criminal law in Indonesia and Islamic criminal law do not burden the defendant in proving. However, there have been changes to the reverse burden of proof system, especially in cases of corruption and money laundering. This article discusses the principle of reversed burden of proof in Indonesian criminal law and Islamic criminal law. The research method is juridical-normative with statutory, conceptual, and historical approaches. Sources of data using primary and secondary legal materials. The results of the study show that there are seven principles of reverse proof in criminal law in Indonesia, namely the principle of justice, the principle of utility, the principle of wealth, the principle of evaluating evidence, the principle of legality, the principle of invisible crime, and the principle of presumption of guilt. Meanwhile, the principles of proof are reversed in Islamic criminal law, namely: intention, justice, maqāṣid al-sharīah, and presumption of guilt. Reverse proof in Islamic criminal law is not only applied in cases of corruption and money laundering, but is applied to all ḥudūd, qiṣāṣ and ta'zīr crimes. The principle of intention only exists in the Islamic criminal law system, because it relates to the divine side.
Co-Authors Ahmad , Gunaldi Hopipah, Eva Nur Ritonga, Mhd Rasid Rosyid, Maskur Sukron Kamil