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THE DISCOURSE OF INDONESIAN FIQH Methodological Bid of Family Law Reform Wahid, Marzuki
Al-Mawarid Jurnal Hukum Islam Vol 15, No 1 (2015): Islamic Family Law Reform in Contemporary Indonesia
Publisher : Islamic University of Indonesia

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Abstract

The following article discusses the methodology bid and that of family law reform. This discussion is an affirmation that the Indonesian fiqh which is constructed based on reality Indonesia. Most of the Indonesian fiqh still littered the pages bahtsul masa’il decision, the Majlis Legal Affairs Committee, the board hisbah, MUI’s fatwa, and in the form of motion religiosity Indonesia’s diverse Muslim communities. Others fiqh of Indonesia have entered into a state structure, which is a positive law. Fiqh Indonesia as positive law is a political and social construction, not merely theological formulation, but also the factors of non-theological is a logical consequence of the building fiqh who live in the midst of true nation-state based on Pancasila and justified by the state’s political decision , Therefore, approved or rejected a formulation of Islamic law in the legislative process is not as theologically correct or incorrect, but because of the victory of the political configuration and the dominant actors who are able to influence the legislature and the Government as the legislators and the public as a support group or a suppressor. On that basis, the creation of a public space free (free public sphere), controversy or public debate about Indonesian fiqh is actually very productive. In this debate konterks Shari’ah understood in the context of Indonesian-ness, defined and redefined in the public space nationality how Shari’ah take a constructive role in the big house Pancasila. Keywords : Methodology, Indonesian Fiqh, Islamic Family Faw, and Reform.
UNITING TRI DHARMA OF HIGHER EDUCATION1 Reflection and Projection of PTAI (IHE) Wahid, Marzuki
Journal of Islam and Science Vol 1 No 2 (2014)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (117.76 KB) | DOI: 10.24252/jis.v1i2.2195

Abstract

Separating among the theory, practice, and 2social transformation in the context of science and movement is extremely dangerous and will only create significant imbalances. In the Islamic context, this separation is clearly contrary to the mission of Islam. Islam always links among faith, science, charity, and welfare in the creation of human life that is fair and humane. In other words, Islam links among the ideological belief, theory, practice, and social foundation, it is expected to further develop IHE to become religious and scientific laboratory by borrowing the term from Prof. Harun Nasution—as a creator of”modern mujtahid.” In the context of campus politic, the students can join the lecturers in a row of politicial interest, but it does not occur in rank of academic, research, and community empowerment. It is ironic, isn’t it! Further impact of the ”crisis” of this academic community, IHE does not have proudly intelectualism icon, whether in the aspects of thought or movement. The scientific nuances of PTAI are nearly alike, there is no academic character that stands out as its strength (uniqueness). ... a fact that we should admit that the academic climate and tradition at the IHE is still fragile, or we can infer that there is still unclear developed fundamental roots and science vision. The lecturers’ expertise cannot also academically be proven by the scientific work and authoritative thinking. The fragile academic tradition and vague science vision are called the "hanging intellectualism." Due to the lacking research routines and rarely new findings in IHE, they considerably can challenge the advance of science and implementation of religious values which eventually leads IHE to be just like as “speech institution” aimed to provide information and expand knowledge among university students, and promote the “truth” regarding religious doctrines among the society.