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REAKTUALISASI DAN KONTEKSTUALISASI PEMAHAMAN HUKUM ISLAM DI ERA INDUSTRI 4.0 Akhmad Rudi Maswanto
CENDEKIA: Jurnal Studi Keislaman Vol. 5 No. 2 (2019): DESEMBER 2019
Publisher : Sekolah Tinggi Agama Islam Hasan Jufri Bawean

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37348/cendekia.v5i2.71

Abstract

Islam indeed teaches truth and values ​​that are eternal and universal. However, the implementation and elaboration have the capacity to accommodate and accommodate the various interests of the people who continue to develop in accordance with the pace of civilization. Contextualization of Islamic teachings is actually not a new problem in the history of Islamic legal thought. The Companions of the Prophet especially Umar Ibn Al-Khaththab gave a concrete example of the need to understand the teachings of Islam in a contextual and essential way. Likewise, the difference of opinion among the mujtahid imams is a picture that the times, situations and conditions contributed a lot in determining various provisions of Islamic law. Even with the asbab al-nuzul theory, Nashik-mansukh and asbab al-wurud means al-Qur'an and hadith itself have considered a state of society in which the teachings will be enforced. Muslims (mujtahids) must not be confined by the literal textual provisions and understanding of the text. Contextual or even situational approach by prioritizing the essence and spirit of the soul of the Qur'an and hadith and based on the belief that the literal-textual provisions have flexibility and flexibility, then Islamic law will always be able to answer various problems that arise. In Islamic law there are 2 characteristics that have two key terms, namely: Sharia and Jurisprudence. Sharia consists of the revelations of Allah and the Sunnah of the Prophet Muhammad and fiqh is the understanding of the results of human understanding from the source of shari'ah. Shar'ah is "al-Nushush al-muqaddasah" (the same Islamic teachings as long as it is not interfered with by human reasoning power) in the Qur'an and al-Sunnah Muthathanah. The fiqh is understanding or what is understood from 'al-nushush al-muqaddasah'. Sharia is stable (tsabat), while fiqh is dynamic (tathawwur).
DINAMIKA HAK WARIS ANAK ANGKAT DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Akhmad Rudi Maswanto; Surya Wulandari; Dwi Risqi Meilani
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 2 No. 2 (2023): (July 2023)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/alashlah.v2i2.2316

Abstract

This research was conducted with the aim of finding out how the inheritance rights of adopted children apply to the assets of their adoptive parents and how the inheritance distribution system is for these adopted children. By using normative juridical research methods, it can be concluded, in the event that the inheritance rights of adopted children occur due to the influence of legal pluralism in the civil field that applies in Indonesia. In the Islamic legal system, adoption does not carry legal consequences in terms of blood relations and inheritance relations with adoptive parents. In inheritance rights according to BW (Burgelijk Wetboek), this law does not regulate the inheritance rights of adopted children but contains the rights of each heir to a certain part of the inheritance by using the term Legitieme portie. Regulations regarding inheritance law that apply in Indonesia to date apply 3 legal systems, namely inheritance according to customary law, inheritance according to Islamic law and inheritance according to BW (Burgelijk Wetboek) whose enactment is based on the choice of law from the community. Inheritance arrangements according to customary law refer to the system that applies to each customary community. Inheritance arrangements according to Islamic Law refer to the Compilation of Islamic Law which regulates the distribution of inheritance according to the Compilation of Islamic Law (KHI). Inheritance arrangements in Civil Law comply with the provisions in BW (Burgelijk Wetboek).