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KESETARAAN GENDER DALAM FIKIH PEREMPUAN PERSPEKTIF MAQASID SYARIAH JASSER AUDA Mohammad Lukman Chakim; habib, Muhammad Habib Adi Putra
MAQASHID Vol. 5 No. 1 (2022): Mei 2022
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v5i1.831

Abstract

The dynamics of today's civilization are growing, it continues to drive changes significantly, both in the technological and other spheres. Existing social construction has shifted, and even needs to be updated to keep up with developments. This includes the role and position of women. In the past, women in the discussion of jurisprudence were only about worship, the treatment of worship that there were differences with men. For example, if the congregation, men are encouraged to read Subhanallah while women pat both palms. But now the discussion of women is getting wider to their roles, positions and relationships with men. This research focused on the gender equality thinking of Husein Muhammad and Musdah Mulia. This research is a normative research (library research) with research sources including several books by Husein Muhammad, Musdah Mulia and Jasser Auda. The thinking of gender equality (women's jurisprudence) of the two figures was then analyzed with Jasser Auda's system (maslahah) approach. The gender equality of women's jurisprudence in the perspective of the Jasser Auda system has conformity with Islamic law. The gender equality of women's jurisprudence has fulfilled all six systems of features (benefits). In the cognitive system, equality has a cognitive conformity capable of uncovering the meaning or practical implications of Islamic law. The argumentation of women's jurisprudence was also adopted from the powerful nash texts, this corresponded to the system of wholeness. Thus with the system of openness and interrelationship, which demands to open wide the thinking of equality to respond to the development of the times. Gender equality view Women's jurisprudence provides answers to these changes in a measured and directed manner, so that Islamic law is always contextual based on the multidimensional system and the meaning of Jasser Auda.
Islamic legal authority in the Indonesian legal system: a historical-normative analysis from the fiqh siyasah perspective Mohammad Lukman Chakim; Irzak Yuliardy Nugroho
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2412

Abstract

This study aims to analyze the authority of Islamic law in the Indonesian national legal system using the theoretical frameworks of authority and persuasive sources from H. Patrick Glenn, as well as the perspective of fiqh siyasah. This study uses a historical-normative method, tracing the development of Islamic law from the colonial period to post-independence, and analyzing its authority in the current legal system in Indonesia. The results of the study indicate that during the colonial period, Islamic law functioned primarily as a persuasive source, namely, religious norms implemented socio-religiously without formal binding force within the state's legal structure. However, after independence, Islamic law underwent a significant transformation through normative recognition in laws and regulations, such as Law No. 1 of 1974/19 of 2019 and Law No. 7 of 1989 concerning Religious Courts. The existence of these laws implies that Islamic legal norms become legal, binding, and have legal consequences. This transformation from persuasive norms to authoritative norms does not conflict with the principles of the rule of law or the character of Indonesia as a Pancasila state, but rather reflects the dialogical and complementary relationship between religion and the state. In the fiqh siyasah perspective, the state is seen as having the legitimacy to adopt Islamic legal values oriented towards justice and public benefit into positive law.