Article Per Year (5 Year)
p-Index From 2021 - 2026
1.116
P-Index
This Author published in this journals
All Journal Al-'Adalah Islamika : Jurnal Ilmu-Ilmu Keislaman Bio-Lectura Ishlah: Jurnal Ilmu Ushuluddin, Adab dan Dakwah Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Legal Protection for the Partnership Agreement Parties
Afridawati Afridawati, Afridawati
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Other

Published : 7 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Legal Protection for the Partnership Agreement Parties

 1 
History, Typology, and Implementation of Islamic Law in Indonesia: Combination of Sharia and Fiqh or the Result of Historical Evolution? Afridawati, Afridawati
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (872.271 KB) | DOI: 10.30631/alrisalah.v21i1.676

Abstract

This paper highlights the history, typology, and implementation of Islamic law in Indonesia as well as proves that the law is a translation of both sharia and fiqh, rather than a historical evolution, as claimed by Ignaz Goldziher (1850 - 1921 AD) and some of his Muslim followers; nor does the law separate elements of ritual, muamalah, and politics as argued by Christian Snouck Hurgronje (1857–1936 AD), a stance that has deformalized Islamic law in Indonesia considering it an inferior legal institution. Focusing on Islamic civil law which is extracted from relevant literature sources, this paper shows that, to some extent, the influence of orientalists’ views is manifested, for example, in the books of Interfaith Jurisprudence and the Counter Legal Draft of Islamic Law Compilation (CLD - KHI) which have ample of "historical evolution" claims. In fact, the history, typology, and implementation of Islamic law in Indonesia have so far not only been for the benefit in the world but also in the hereafter. Thus, reforming Islamic civil law in line with the West’s human rights values, as done by CLD-KHI initiators, whom are greatly influenced by Ignaz Goldziher’s and Muhammad Anna'im’s "evolution of history", is like considering Islamic law limited to law for the world only, without any ukhrawi values.
History, Typology, and Implementation of Islamic Law in Indonesia: Combination of Sharia and Fiqh or the Result of Historical Evolution? Afridawati, Afridawati
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.676

Abstract

This paper highlights the history, typology, and implementation of Islamic law in Indonesia as well as proves that the law is a translation of both sharia and fiqh, rather than a historical evolution, as claimed by Ignaz Goldziher (1850 - 1921 AD) and some of his Muslim followers; nor does the law separate elements of ritual, muamalah, and politics as argued by Christian Snouck Hurgronje (1857–1936 AD), a stance that has deformalized Islamic law in Indonesia considering it an inferior legal institution. Focusing on Islamic civil law which is extracted from relevant literature sources, this paper shows that, to some extent, the influence of orientalists’ views is manifested, for example, in the books of Interfaith Jurisprudence and the Counter Legal Draft of Islamic Law Compilation (CLD - KHI) which have ample of "historical evolution" claims. In fact, the history, typology, and implementation of Islamic law in Indonesia have so far not only been for the benefit in the world but also in the hereafter. Thus, reforming Islamic civil law in line with the West’s human rights values, as done by CLD-KHI initiators, whom are greatly influenced by Ignaz Goldziher’s and Muhammad Anna'im’s "evolution of history", is like considering Islamic law limited to law for the world only, without any ukhrawi values.
Co-Authors Efyanti, Yasni MUCHAMMAD FAIZIN Mursal Mursal Nuzul Iskandar, Nuzul Prayudi Rahmatullah Purwanto, Jepri Ridha DS, Muhammad Yul, Widiya