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Perdagangan Orang dalam Perspektif HAM dan Filsafat Hukum Islam Mustafid, Fuad
Al-Ahkam Volume 29, Nomor 1, April 2019
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Human trafficking becomes a new phenomenon in the modern century although its root has been existing since the ancient Greek era in the form of slavery. This crime currently occurs in many countries, as well as Indonesia. The government of every countries has tried to abolish the practice of human trafficking, but the results have been unsatisfied. Many people have become the victims of human trafficking and this phenomenon seems to continue to this day. This research aims to study about human trafficking phenomena based on the human right perspective, legislation in Indonesia, and the philosophy of Islamic law. By this study, it is clear that the practice of human trafficking becomes a part of humanity crimes that contradicts to human right and Indonesian legislation, and it is also contradicted to Islamic Sharia because it emasculates the basic human right as a freedom human being.

PERKAWINAN BEDA AGAMA DAN KEBEBASAN INDIVIDUAL MANUSIA DALAM ISLAM: Perspektif â€œTeori Naskhâ€ Mahmoud Muhammad Thaha Mustafid, Fuad
Musawa Jurnal Studi Gender dan Islam Vol. 10 No. 2 (2011)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2011.102.229-248

This article is part of an effort to empower families with respect to the issue of interreligious marriage. Until this time, Indonesia still adopts a legal system of internal religious marriage. Therefore, interreligious marriage has not been accommodated in Indonesia, in spite of widespread practice. This is becauseÂ Islamic ulama(s) do not condone such marriages; as marriages are only seen to be valid if done within the same religion, a view adopted by the majority of Muslims. However, there are other views that allow for interreligious marriage. The reason being, that the prohibition of the Quran has temporal and conditional aspects, and that the application itself is not substantive in nature.Â Therefore, the verse that prohibits such marriages arenaskh-ed (abrogated) by another allowing it. This allowance is in line with the freedom exercised by humans in religion. If humans have the freedom of religion, then they are also free to choose their life partners, and so goes the argument constructed by Mahmoud Mohammad Thaha, the philosopher from Sudan.

Perdagangan Orang dalam Perspektif HAM dan Filsafat Hukum Islam Mustafid, Fuad
Al-Ahkam Volume 29, Nomor 1, April 2019
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Human trafficking becomes a new phenomenon in the modern century although its root has been existing since the ancient Greek era in the form of slavery. This crime currently occurs in many countries, as well as Indonesia. The government of every countries has tried to abolish the practice of human trafficking, but the results have been unsatisfied. Many people have become the victims of human trafficking and this phenomenon seems to continue to this day. This research aims to study about human trafficking phenomena based on the human right perspective, legislation in Indonesia, and the philosophy of Islamic law. By this study, it is clear that the practice of human trafficking becomes a part of humanity crimes that contradicts to human right and Indonesian legislation, and it is also contradicted to Islamic Sharia because it emasculates the basic human right as a freedom human being.

Between Exclusivity and Inclusivity of Institutions: Examining the Role of the Indonesian Ulema Council and Its Political Fatwa in Handling the Spread of Covid-19 Hakim, Muhammad Lutfi; Prasojo, Zaenuddin Hudi; Masri, Muhammed Sahrin bin Haji; Faiz, Muhammad Fauzinudin; Mustafid, Fuad; Busro, Busro
Khazanah Hukum Vol 5, No 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.30089

The Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) was stigmatised as an institution accommodating conservative Islamic groups’ interests post-New Order. However, the religious fatwas produced by the MUI during the Covid-19 pandemic in 2020 had prioritised independence so that it returned to its original role, namely as a translator of government policies. For this reason, this article aims to examine the MUI fatwas and its relationship to state policies in tackling the spread of Covid-19. It is a qualitative research study with a historical approach, examining the content of seven fatwas issued by the Fatwa Commission (Komisi Fatwa) between March and July 2020 as the primary data sources. This study found that MUI’s legal arguments and methods are more inclusive, flexible, and progressive towards socio-religious problems. These fatwas have become a reference for the government in taking policies to suppress the spread of Covid-19. It is reinforced by the fact that several fatwas issued by MUI were used as guidelines by the government in formulating policies to curb the spread of Covid-19. Therefore, the authors argue that the MUI’s fatwa politics not only serve the interests of the Muslim community but also align with the state’s interests in tackling the spread of Covid-19. Thus, the debate regarding the stigmatisation of the role of MUI can be dismissed through these findings, providing new insights into the dynamic interplay between religious and legal frameworks.

Marriage in the Age of Advancement of Digital Technology: Study of Nahdlatul Ulama and Muhammadiyah Fatwa on the Legality of Marriage via Online Wajidi, Farid; Mustafid, Fuad
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 14, No 2 (2023): YUDISIA: Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v14i2.20315

The phenomenon of online marriage contracts is starting to emerge and this raises issues regarding its validity. Majelis Tarjih dan Tajdid Muhammadiyah and Bahtsul Masail Nahdlatul Ulama have responded and issued fatwas related to this issue with different legal conclusions. This article examines and explains the causes of differences in fatwas and at the same time arguments issued by Muhammadiyah and Nahdlatul Ulama regarding the law of online marriage contracts. Using the usul fiqh approach, this article finds two findings. First, there is a difference in fatwas between Muhammadiyah and Nahdlatul Ulama due to differences in the legal istinbath method; Muhammadiyah uses the burhani method, while Nahdlatul Ulama uses the qauli method. Second, Muhammadiyah interprets the concept of ittihad majelis as a continuity of time between ijab and qabul, while Nahdlatul Ulama interprets it as a unitary place and not merely a unitary speech. This has implications for the legal status of online marriage contracts. Muhammadiyah considers online marriage contracts via online as a valid contract, while Nahdlatul Ulama considers it invalid.

STUDI ATAS PANDANGAN KAUM AGAMAWAN, PRAKTISI KESEHATAN DAN RESPONS MUI TERHADAP MASALAH ABORSI Mustafid, Fuad
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Abortion is a classic problem that still continue to be discussed among experts and the public. It is perhaps because of the practice of abortion continues to occur from time to time with vary shapes and motifs. In Indonesia, talks and discussions on abortion also gone on long enough. The experts, both clerical and medical experts, involved in a heated debate on the issue of abortion. Nevertheless, the debate nevertheless did not come to fruition. On the other hand, the practices of abortion continues to occur in the wider community. The Council of Indonesian Ulama (MUI) felt obliged to give guidance to the Muslims in viewing and addressing the issue of abortion. In this case, the steps taken by the MUI issued a fatwa is the law. The MUI fatwa states that abortion is against their religion, so it must be prevented. But on the other hand, the institution of fatwa also gives room for the possibility of abortion if it is seen it will be able to bring good to the pregnant mother and her family.

PEMBARUAN PEMIKIRAN HUKUM ISLAM: Studi tentang Teori Hudud Muhammad Syahrur Mustafid, Fuad
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 2 (2017): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

In the last few decades, the awareness of the importance of reforming Islamic legal thought has been increasing. This is triggered by the fact that the existing Islamic law is considered less able to respond to various problems that arise and develop in the modern world. As a result, Islamic law is seen or deemed to be incompatible with the times. This is of course contrary to the doctrine or belief that Islam is a plenary religion that will always be in harmony with the times. This anxiety also afflicted Muhammad Syahrur, prompting him to examine carefully and deeply the teachings of Islam, especially those contained in God's revelation. From his careful and profound study of God's revelation, Syahrur succeeded in formulating a theory of legal excavation which became known as hudud theory. This theory is expected to be a means to reform in the field of Islamic law. This paper will try to study the theory hudud (nazhariyyah al-hudud) offered by Syahrur.Kata Kunci: Muhammad Syahrur, teori hudud, pembaruan pemikiran hukum Islam

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