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All Journal ASAS : Jurnal Hukum Ekonomi Syariah Al-'Adalah Jurnal KALAM Analisis: Jurnal Studi Keislaman JAWI : Journal of Southeast Asia Islamic Contemporary Issues Jurnal Al-Ijtimaiyyah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam CARADDE: Jurnal Pengabdian Kepada Masyarakat Ulumuna Jurnal Manajemen Bisnis dan Keuangan Jurnal Studi Ekonomi dan Bisnis Islam (SEBI) Smart: Journal of Sharia, Tradition, and Modernity Akademika : Jurnal Pemikiran Islam IIJSE International Journal of Islamic Economics (IJIE) International Journal of Islamic Business and Economics (IJIBEC)
Moh. Mukri
Universitas Islam Negeri Raden Intan Lampung
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Smart: Journal of Sharia, Tradition, and Modernity

 1 
THE EPISTEMOLOGY OF ISLAM NUSANTARA JURISPRUDENCE AND ITS CONTRIBUTION IN FAMILY LAW REFORM IN INDONESIA Fuad, Moh. Fahimul; Mukri, Moh.; Alamsyah, A.; Akla, A.
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 1 June (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i1.9872

Abstract

The term Islam Nusantara has sparked and caused polemics, pros, and cons that are quite warm in Indonesia since 2015 until now. As happened in the West Sumatra MUI environment. Islam Nusantara is interpreted as a religious pattern that exists in the archipelago, both at the level of religious practice and how to preach it. The level of amaliyah is interpreted as religious behavior that exists in the archipelago, especially in relation to fiqh which originates from its religious understanding. The problem is: What is the source of knowledge used in formulating Islamic fiqh in Nusantara? What is the validity and method of understanding the sources of knowledge used in formulating Islamic jurisprudence in Nusantara? How is the contribution of Islam Nusantara jurisprudence in reforming family law in Indonesia? This study aims to find answers to the epistemological formulation of Islamic jurisprudence in the archipelago and its contribution to reforming family law in Indonesia. To answer the questions above, the author uses qualitative research methods, types of literature research, the theory of ijtihad with the ushul fiqh approach. This means that the study of the concept of Islam Nusantara is carried out using the framework of ushul fiqh knowledge, especially regarding the concept of ijtihad. At the level of research work, the stretching of thinking to produce fiqh concepts that are unique to the archipelago is seen as part of ijtihad activities. The findings of the research are: (a) The source of knowledge used in formulating Islamic jurisprudence in the archipelago is a source of knowledge commonly known in the study of fiqh and ushul fiqh, both the mujma ’alaih and the mukhtalaf fih, (b) the source of knowledge as said to be valid. By giving a large enough portion to 'urf, and a benefit-oriented understanding, (c) Islam Nusantara’s fiqh can be used as an alternative law in the context of reforming family law in Indonesia.Keywords: Islam Nusantara, Jurisprudence, Epistemology, Legal Reform
REINTERPRETATION OF LIVELIHOODS IN MARRIAGE LAW AND ITS IMPLICATIONS ON FAMILY RESISTANCE IN THE TIME AND POST COVID-19 Mu'in, Fathul; Mukri, Moh.; Khairuddin, K.; Mahmudah, Siti
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.10965

Abstract

The rules regarding a living in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law imposes the obligation to earn a living only on the husband. These two regulations create problems in society. Many wives demand a living from their husbands. Not a few wives also have jobs and income, but they are spent on their own needs, including for consumptive things, channeling hobbies and others because they think that fulfilling a living is not part of their obligations. This condition is coupled with the interpretation of a number of verses of the Qur'an and the traditions of the Prophet which are still patriarchal. The marriage law and a number of verses of the Qur'an and the Prophet's hadith need to be reinterpreted. This is because the development of an increasingly advanced era makes the role of women not only as wives who only take care of the household, but also as one of the contributors to the economy. This research uses the library research method. This study concludes that the livelihoods in these two laws and regulations need to be updated to be relevant to current conditions. Supposedly, the wife also has the same obligation in matters of livelihood. The reinterpretation of livelihood using the interpretation of mubadalah is to produce the principle of mutuality. The wife can even be the main breadwinner under certain conditions. This interpretation has implications for the fulfillment of the family's economy during the pandemic and post-covid-19 pandemic. Because, in difficult economic conditions, the wife participates in helping the family economy on a macro basis or even as the main provider in the household who changes places with her husband.Keywords: Reinterpretation, Livelihoods, Marriage Law, Family Resistance, Covid-19 
Co-Authors A. Akla Abidin , Noor Azliza Zainal Agus Hermanto Agus Hermanto ahmad habibi Ahmad Isnaeni Akla, A. Alamsyah Alamsyah Alamsyah, A. Ali Abdul Wakhid Asriani Asriani Asriani Asriani Asriani, Asriani Bagus Kusumo Hadi Baharuddin, Sitti Aminah Bahrudin, Moh. Edi Susilo Endang Suprapti Faisal Faisal Faisal Faisal Fathul Mu’in Fauzan . Fauzan Fauzan Fuad, Moh. Fahimul Hanif Hanif Hanif Hanif Hanif Hasani Ahmad Said HENDRIYADI Imam Mustofa IMAM MUSTOFA Is Susanto Ita Rodiah Ita Rodiah, Ita Jaya, Eni Jum Anggriani Kaharudin, Rizal Gani Khairuddin Khairuddin, K. Madnasir Madnasir MALIK, ANAS Masrukhin Muhsin Moh. Fahimul Fuad Mohd Shahril Bin Ahmad Razimi Mohd Shahril Bin Ahmad Razimi Mu'in, Fathul Normasyhuri, Khavid Novelia, Alika Rahmat Hidayat Razimi, Mohd Shahril Bin Ahmad Rini Setiawati Rizal Gani Kaharudin Rochmad - Satria, Fiqih Siatan, Mairizal S. SITI MAHMUDAH Siti Mahmudah Susanto, Is Tarigan, Ester