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All Journal Potret Pemikiran Antmind Review: Journal of Sharia and Legal Ethics
Menad, Safia
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Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Inqādz al-Naz’ah al-Insāniyyah fī al-Khitāb al-Kalāmi al-Jadīd: Qirā’ah fī Shūrat al-Insāniyyah al-Imāniyyah wa al-Akhlāqiyyah fī Fikr ‘Abd al-Jabbār Rifā’i Fahmi, Ahmad Lukman; Menad, Safia
Potret Pemikiran Vol 27, No 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v27i2.2642

Abstract

This article examines the issue of humanism in the new kalām discourse, which has been discussed by ‘Abd Al-Jabbar Al-Rifai in most of his writings, he has started from a critical review of the kalām-tauhidī paradigm that affects the production of religious knowledge and is only oriented towards proving and defending religious beliefs. This article shows that the orientation of the new kalām is to reveal the beauty of religion and highlight its human values. The meaning of humanism that al-Rifai has discussed, which he calls faith-based humanism, is different from the concept of humanism developed in the Western context. This article aims to present and discuss the issue of humanist values in the new kalām discourse, especially from the perspective of al-Rifai as its most important theorist. The research has used an analytical descriptive approach, collecting data and information obtained from Al-Rifai's books related to the subject matter. This article has reached several conclusions, the most important of which are, first, that the relationship between humans and their God in classical kalām discourse is based on fear and slave psychology, according to Al-Rifai this kind of relationship can lead to what he calls the theology of slavery, he then tries to present a new relationship based on a concept where human attitudes are more positive interactions based on love.. Secondly, an important methodology in uncovering humanist values from religious texts according to Al-Rifai will not succeed except by critically reviewing the history of religious thought, reading critical analysis of religious texts, and presenting turāts from different perspectives and visions, such as reading and re-understanding the names and attributes of God, not in the traditional way, but in a humanitarian-oriented way
The Legal Complexities of Wali Hakim in Islamic Marriages: Comparative Insights from Indonesia and Beyond Ade, Faisal; Menad, Safia
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 1 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/byjene53

Abstract

This study explores the legal complexities surrounding Islamic marriages, focusing specifically on the critical role of Wali Hakim in circumstances where Wali Nasab is unavailable or deemed 'adhal' (recalcitrant). In Islamic jurisprudence, the Wali Hakim acts as a legal guardian appointed to perform marriage ceremonies in cases where the traditional Wali Nasab is either absent, incapacitated, or refuses to perform the marital contract. This research utilizes a mixed-methods approach, including qualitative interviews with religious and community leaders, analysis of existing legal frameworks, and comparative studies of international practices. The findings reveal significant variations in the application and understanding of Wali Hakim across different jurisdictions, highlighting both the challenges and legal interpretations faced within Indonesia. Comparative insights are drawn from other Islamic countries and international legal standards to provide a broader context. The study identifies key discrepancies and recommends potential reforms to align Indonesian practices with international norms. The implications of these findings underscore the need for a nuanced approach to the application of Wali Hakim, balancing traditional Islamic principles with contemporary legal practices. This work contributes to the ongoing discourse on the evolution of Islamic family law and its intersection with modern legal systems.
Co-Authors Ade, Faisal Fahmi, Ahmad Lukman