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Abnan Pancasilwati, Abnan
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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KEKERASAN DALAM RUMAH TANGGA Perspektif UU No. 23 Tahun 2004 Tentang PKDRT dan Hukum Islam Pancasilwati, Abnan
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (413.025 KB) | DOI: 10.21093/mj.v12i2.323

Abstract

Domestic violence is one of the manifestations of violence that gender base and it is culture phenomenon that be constructed by many variables, among other, social system, culture, legal and religious beliefs. Gender injustice is a system and a structure in which both men and women are victims of the system. Domestic violence is born because of the relationship of husband-wife is hierarchical-structural, where the power relation between them are not unbalanced pattern, where unequal relationship that just gets juridical legitimation by the state, cultural and religious doctrine. Gender injustice manifested in various forms of injustice, namely marginalization, subordination stereotypes, violence, double burden, and the socialization of gender roles ideology that not equal. Therefore  struggle to advocate for grounding principle of gender equality include three dimensions, namely efforts to reinterpretation legal subtances (positive and religion), build a culture community that gender sensitive and oversight of law enforcement officers.
EPISTEMOLOGI FIQH SABILAL MUHTADIN Pancasilwati, Abnan
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (523.827 KB) | DOI: 10.21093/mj.v14i1.333

Abstract

This article analyses Sabilal Muhtadin, a magnum opus of Syekh Muhammad Arsyad al-Banjari in Islamic jurisprudence. Al-Banjari is considered as  a prominent intellectual from  Banjarmasin, Indonesia who could contribute to the development of Islamic law beyond the municipal and national territory. In writing the Sabilal Muhtadin, al-Banjari have used three models of ijtihad, namely deductive, inductive, and the combination of the two. In applying the deductive method which should only refer to the verses of the Qur’an or the Hadith, however, he extends it to the opinion of previous Islamic jurits. This then proves that al-Banjari is not an independent mujtahid who exercise free ijtihad like the eponyms of Islamic schools of law. Yet, by applying the inductive (especially, maslahah and sadd adz-dzari’a) and the combined deductive-inductive methods, he is able to accommodate the social changes to the requirements of shari’a. Sabilal Muhtadin thus mirrors the intellectual developments within Islam responsive to the author’s circumstances.
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