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All Journal INOVATIF: Jurnal Penelitian Pendidikan, Agama dan Kebudayaan
Hamzawi, Adib
Ali Muchasan
Education

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Elastisitas Hukum Islam; Kajian Teori Double Movement Fazlur Rahman Hamzawi, Adib
INOVATIF: Jurnal Penelitian Pendidikan, Agama dan Kebudayaan Vol. 2 No. 2 (2016): September 2016
Publisher : Ali Muchasan

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Abstract

Muslims believe that the whole movement of his life step should be within the framework of the religious syari’ah. There can be no speech, movement, and even empty thinking from the rule of Islamic law or fiqh. In the midst of dynamic human life movements, of course, fiqih as a living truth rail should not be believed to be absolute. From this perspective, there is often an ambiguity of the status of fiqh in the midst of Muslims. On the one hand fiqh as shari'ah law is recognized as a universal and eternal divine message. On the other hand, fiqh is the product of intellectual work of Mujtahid. The formulation of jurisprudence is bound by methodology, scope and time, so fiqh should not be considered rigid and sustainable in the ages. In the end, two opposing currents emerge in Islamic legal thought. The first stream was pioneered by a traditionalist thinker group that holds a conservative legal footing. While the second stream pioneered Muslim thinkers who are educated in Europe and have a liberal style. The differences between the two groups stem from how to understand the Qur'anic texts as the primary reference of Islamic law. It was at this moment that a Muslim thinker named Fazlur Rahman with his neomodernism emerged. He tried to find the intersection between the two poles of thought through his monumental theory, double movement.
‘Urf dalam Kompilasi Hukum Islam Indonesia Hamzawi, Adib
INOVATIF: Jurnal Penelitian Pendidikan, Agama dan Kebudayaan Vol. 4 No. 1 (2018): Februari 2018
Publisher : Ali Muchasan

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'Urf is one of the methods of ijtihad to establish a law of problems which does not contain its provisions in the Qur'an or hadith. The legal construct built by the 'urf is considering the local aspect of wisdom, since the neglect of the 'urf tends to ignore the welfare of society that is the object of the law itself. The benchmark of Islamic jurisprudence in Indonesia uses legal formulation in the Compilation of Islamic Law as its reference. In other words, Compilation of Islamic Law is the legal jurisprudence of Indonesia. This paper examines how the role of 'urf in the formulation of the articles of Compilation of Islamic Law and how the contribution of 'urf in the development of Islamic law in Indonesia. This study is a literature research with normative juridical approach, ie reviewing the articles of Compilation of Islamic Law as data analyzed. The analysis uses the us} u @ l al-fiqh theory of 'urf, to know the extent of the role of' urf in those chapters. The results of the study found that 'urf became one of the foundations of the formulation of the articles of Compilation of Islamic Law. Of the 229 Articles of Compilation of Islamic Law, there are 33 articles that accommodate Indonesian customs. The articles govern marriage, property, bilateral inheritance, peace agreements in inheritance, inheritance, collective inheritance, joint property inheritance, and wills . In addition to the formulation of those articles, the Compilation of Islamic Law requires judges to always explore the principles of the living law in society through the provisions of the closing in Article 229.
Qawaid Ushuliah & Qawaid Fiqhiyah (Melacak Konstruksi Metodologi Istinbath al-Ahkam) Hamzawi, Adib
INOVATIF: Jurnal Penelitian Pendidikan, Agama dan Kebudayaan Vol. 2 No. 2 (2016): September 2016
Publisher : Ali Muchasan

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Abstract

Fiqh as the frame of life of Muslims to always walk in the rails of truth in the name of religion is a product ijtihad. As a product, there must be a manhaj or methodology and a set of rules used to construct it. For some Islamic law scholars, the rules governing the process of reasoning and the formulation of fiqh (istinbath al-ahkam) are often satisfied in the standard rules of usul fiqh and qawaid fiqh. Rarely there is a deeper scrutinize from which the rules contained in usul and qawaid fiqh are derived. Yet as a rule, there are certainly the basics that serve as guidelines for the preparation. Ushul fiqih and qawaid fiqih are built on the basis named ushuliyah rules and fiqhiyyah rules. Through the literature review, this paper examines the origins of the preparation of the rules that today have been recognized as the methodology of istimbath al-ahkam. So that Muslims understand how a legal product fiqih is processed from base to end. In addition, a qualified understanding of the construction of the birth of a methodology will lead to the birth of fiqh as a more academically recognized endowed product of idealistic academics.
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