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TSAQAFAH
Published by Universitas Darussalam Gontor
ISSN : 14110334     EISSN : 24600008     DOI : -
Core Subject : Economy, Education, Social,
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences
TSAQAFAH (pISSN: 1411-0334 | eISSN: 2460-0008) is journal of Islamic civilization published by University of Darussalam Gontor. It is semiannual journal published in May and November for the developing the scientific ethos. Editors accept scientific articles and result of research in accordance with its nature as a journal of Islamic Civilization, such as: Islamic Philosophy, Islam and Contemporary Issues, Religious Studies, Islamic Science, Islamic Economics, Islamic education, Qur’anic Studies, Islamic Law, and Islamic Ethics
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Search results for , issue "Vol. 13 No. 2 (2017): Islamic Jurisprudence" : 10 Documents clear
السلطة التنفيذية في النظام السياسي الإسلامي Setiawan Bin Lahuri
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1062

Abstract

Since the death of the Prophet, Islam grew under a system of government known as khilâfah (caliphate) for 13 centuries until the frst World War happened. After that, the system ended by the Republic of Turkey which immediately erased the caliphate system applied by the Ottoman Empire, the last Islamic empire. In the Islamic history, the system of khilâfah has undergone several phases. It had begun in al-Khulafâ ‘al-Râsyidûn period. At that time, the leader of Muslims after the death of the Prophet was chosen through syûrâ system, which the chosen leader addressed as khalîfah approved by all Muslims. After al-Khulafâ al-Râsyidûn period passed, during the Umayyads, the Abbasids, to the Ottoman Turks, the Muslim leaders were no longer elected by syûrâ, but it turned to the monarchi system even though the regimes continued to adopt the khilâfah system. Nevertheless, the three khilâfah Islâmiyyah dynasties still maintain the principle of unity of the ummah. Therefore, the khilâfah Islâmiyyah run by the Umayyads, the Abbasids, and Ottoman Turks at that time made Islam the largest country in the world. This article tries to explain the Islamic system of government related to the executive institution called al-sulṭah al tanfîdhiyyah by referring to the best Islamic system of government in the period of al-Khulafâ ‘al-Râsyidûn. Although Islam implements the caliphate system, al sulṭah al-tanfîdhiyyah is also important because a khâlifah cannot handle the state with all its affairs alone.
Metodologi Fatwa K.H. Muhammad Syaf’i Hadzami Muhammad Ardiansyah
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1080

Abstract

Fatwa is one of the heavy mandates on the shoulders of Moslem scholars. There are some conditions that must be fulflled before the fatwa could be used to solve the problems of the people. Basically, the fatwa replaces the task of the Prophet in conveying the shari’a law, then the scholars did not dare to be reckless in declaring any fatwa. Therefore, being a mufti is not only required by reading the translation of al-Qur’an or Hadith, or by searching on the google, or by copying broadcasts in social media. According to al-Shirazi, the intellectual condition that must be required to be a mufti is deep understanding toward al-Qur’an and Hadith, also understanding sources of speech such as ḥaqîqah-majâz, ‘âmm-khâṣṣ, Arabic language, nâsikh-mansûkh, ijmâ’, ikhtilaf, and tartîb al-adillah. While the moral requirements to be a mufti according to Imam Ahmad bin Hanbal are having pure intention, having broad knowledge, patience, and soul, having strong mentality to fulfl the task, having suffciency of life to avoid being influenced by others, and understanding the condition of society. This paper attempts to examine the fatwas of a mufti from Betawi who had lived in the modern era known as Mu’allim Syaf’i Hadzami. The fatwas were collected in a work entitled Tawḍîḥ al-Adillah. In this article, the author has concluded that Mu’allim uses eight complementary and relevant fatwa methodologies to solve today’s problems
Hak Ex Offcio Hakim: Studi Kasus Perceraian di Pengadilan Agama Sidoarjo No. 3513 Th. 2015 Ahmad Fanani
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1091

Abstract

There are still many husbands who decide to divorce without giving the rights belong to their wives and the children they have. Whereas, the divorce does not mean removing the obligations of a husband toward his child and his ex-wife. In the process of examining cases in giving a verdict, a Judge would not give more than required judgment in the lawsuit of the petition. On the other hand, the Judge has an ex offcio right, so that the Judge may oblige the husband to fulfll the rights of divorced wives even though they are not in the the lawsuit of the petition. In Islamic law, the obligation is also determined. This study concludes that the judge in the divorce judgment in Sidoarjo religious court uses his ex offcio to decide the rights of the wife during ‘iddah’ and ‘mut’ah’ that is not requested by by her following these considerations: to give lessons to any husbands to avoid divorce; to guarantee a justice for any wives who got divorced. The application of ex offcio right of the judge in the divorce case in Sidoarjo religious court is in accordance with Islamic law in the process of charging the cost of living ‘iddah and mut’ah based on principles of justice and maṣlaḥah mursalah, thus realizing the beneft to the former wife after being divorced
شريعة القرآن علاج لمشكلات الإنسان: قراءة في فكر محمد عبد الله درازفي الإعجاز التشريعي للقرآن Jauhar Ridloni Marzuq
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1098

Abstract

Although sophisticated discoveries in the feld of science and technology have been found, human beings are still continuing to face the problems of life, such as injustice, social imbalance, arbitrariness, and greed. They forget that religion is still needed to solve these problems. In Islam, al-Qur’an and its teachings are the answer for these problems. This article tries to prove it through an analyzing Muhammad Abdullah Diraz’s thought. As a Muslim scholar, Diraz is able to integrate Islamic and Western knowledge. His thoughts have a strong characteristic in combining the naqli and aqli, fqh nas} and fqh wâqi’. According to Diraz one of the miracles of the Qur’an is that its sharias are not owned by other rules, in terms of methods, concepts, and contents. One of the main points of miracles of the Qur’anic laws is its ability to unify the two things that always contradict. The laws of the Qur’an are gentle but frm, fair but loving, simple but flexible, idealistic but realistic. All combined in a suitable and balanced portion. These features are what Diraz attempts to present in his studies of al-Qur’an. Diraz’s theory is very appropriate to be a foothold in offering the laws of al-Qur’an to the people of the world who are in confusion looking for a way out of their problems.
الحكمة في تشريع الزواج: الحوار مع أنصار اللبرالية في تحريم زواج المسلمة بغير المسلم Harda Armayanto
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1130

Abstract

This article discusses the prohibition of interfaith marriage or “mixed marriage” between Muslimah and non-Muslim. According to the proponent of religious liberalism, there is no prohibition in Islam related to this kind of marrige. They argue that there is no clear and unambiguous prohibition in the Islamic scriptures about it. The prohibition is only coming from Muslim jurists (fuqahâ). Meanwhile, the prohibition of mixed marriage between Muslimah and non-Muslim in the era of the Prophet (PBUH) due to political conditions at that time, where the number of Muslims was still small, and so it was feared to have an impact on the decline in their quantity. In fact, Islam required a large number of adherents at its beginning. On that basis, the authors review the verses of the Koran, the hadith of the Prophet (PBUH), and the books of turâth in order to get the right answer related to this problem. Through the study of wisdom of the marriage legislation, it is known why Islam prohibited this type of marriage. The marriage legislation in Islam is not only to get descendant, but also to keep religion. It is clear, the Qur’an said that the main reason for the prohibition of this marriage is because Muslimah will fall into kufr. It is undeniable that a wife must submit and obey her husband. How can a Muslimah obey her husband, if the husband invites him to kufr? Surely this is a paradox.
Konsep Maslahah dan Mafsadah Menurut Imam Al-Ghazzali Akbar Sarif; Ridzwan Ahmad
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1183

Abstract

The concepts of maslahat and mafsadah known as the main reference in Islamic laws to resolve contemporary Muslims problems. The concepts of maslahat and mafsadah as a centre in maqâṣid al-syarî‘ah already discussed by Imam al-Ghazali in his books. Imam al-Ghazali well known to be the frst scholars in the study of these concepts. Imam al-Ghazali’s highlights the concepts of maslahat and mafsadah should be based on the texts (naṣṣ). However, Imam al-Ghazali mentioned the concept of maslahat used as a method not an absolute sources after al-Qur’an, al-Sunnah, ijmâ’ and qiyâs in the deriving of Islamic laws. This paper tries to explains the concepts of maslahat and mafsadah following the study conducted by Imam al-Ghazali. The fndings suggests that Imam al-Ghazali well known as the frst jurist who pioners the framework of maqâṣid al-syarî‘ah. There ara two reasons as to why he is considered as the pioneer of the concept of maqâṣid al-syarî‘ah. The frst reason is due to his systematic and detailed treatment of the concepts in his last and defnitive work on legal theory; al-Mustaṣfa. The second reason is due to the use of his terminologies and classifcations of the concept by later jurists. These all serve as the evidences to considering him as the pioneer of the concepts of maslahat and mafsadah as a legal theory. Moreover, Imam al-Ghazali tried to proposed several ‘tarjîḥ’ methods how to apply the both concepts when there is a contradiction between the two concepts.
Implementasi Syariat Islam: Telaah atas Praktik Ijtihad Umar bin Khattab Muhammad Ridwan
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1507

Abstract

The reason of writing this article is the problem and mistake come from the contemporary Muslim thinkers who made mas}lah}at as the only benchmark in Islamic law, they even assumed that mas}lah}at is more important than the sharia itself. From this they concluded that deconstructing sharia based on mas}lah}at is permissible. They built their argument on the basis of the ijtihâd done by ‘Umar bin Khattab. At that time, ‘Umar broke the law of hand cuts for theft, stoped giving zakat for the converts, and did not give the spoils land to the soldiers. In fact, according to contemporary Muslim thinkers, these three things have been determined in the Qur’an and Sunnah of the Prophet SAW. It means ‘Umar bin Khattab’s ijtihâd is a breakthrough in liberal thinking. ‘Umar dared to contrary what was established in the Qur’an and the hadith of the Prophet. Then, ‘Umar is regarded as a fgure who has applied hermeneutic methods in Islamic law. This thought actually is a mistake. The contemporary thinkers only thought partially and did not discuss ‘Umar’s ijtihâd thoroughly and deeply. By referring to earlier Muslim scholars, this article try to prove that ‘Umar’ ijtihâd is an attempt to implement the Islamic Shari’a, despite elimiting or dismissing Islamic Shari’a itself as the above thinkers claim.
Konsep Fikih Ikhtilaf Yusuf al-Qaradhawi Mohammad Hanief Sirajulhuda
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1508

Abstract

This article describes the jurisprudence concept of Yusuf al-Qaradawi. The author tries to solve the problems related to the division of the ummah due to the misunderstanding of the various ikhtilâf of fqh that occurred among Moslem scholars. A full and correct understanding will not cause this people divided. On the contrary, Moslems will maintain tolerance and unity in diversity. Therefore, Yusuf al-Qaradawi offers his concept of jurisprudence which is described in detail by the authors in this article. Yusuf al-Qaradawi offers the implementation of the concept of Jurisprudence in ten ways. First, accepting the difference in furu’ as necessity, grace, and discretion. Second, working on the great problems that people face todays. Yusuf al-Qaradawi reveals, the great problems facing Muslims today include the backwardness of science, technology and civilization, socio-economic imbalances, dictatorship and arbitrariness of politics, westernization and ghazw al-fkr, hostility and occupation of Zionism, disunity and dispute in the Arab and Islamic world, as well as moral decadence. Third, examine the opinions of the Moslem scholars. Fourth, following the middle manhaj and leaving the attitude excessive in religion. Fifth, prioritizing muh}kamât, not mutasyâbihât. Sixth, not confrming and refusing ijtihâdiyyah matters. Seventh, defning the terms and meanings. Eighth, cooperating on an agreed issue. Ninth, having tolerance in disputed matters. And tenth, refraining from those who admit lâ ilâha illallâh.
Konsep ‘Urf dalam Penetapan Hukum Islam Sunan Autad Sarjana; Imam Kamaluddin Suratman
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1509

Abstract

An article discusses the concept of al-’urf which became one of the foundations of making Islamic law. This concept makes the law by taking something familiar in society, which have become their habit and were united with their lives, whether in the form of deeds or words. With note that when making Islamic law is surely without violating the basic teachings in Islam from the Qur’an and al-Sunnah. The application of al-‘urf leads to the acceptance of sharia by the community, without having to abandon the basic principles of Islam. The study of this concept is also the answer for contemporary Muslim thinkers who often encourage and insist to reform Islamic law through the mechanism of deconstruction and adapting to the principles of human rights. What they did is dangerous, because it changed the basic teaching in Islam, such as the obligation of fve times prayer, Ramadan fast, hajj, and so forth. In relation to al-’urf, these contemporary thinkers usually take up all the prevailing customs in society to make Islamic law, even these customs are contrary to the religious teachings. Through the study of the classical and contemporary books of jurisprudence, this article explains that Islamic teachings are appreciative and cooperative in addressing the growing cultural phenomenon in society. Islam still adopts and takes traditions that exist in society as one of the foundation of Islamic law, as long as those do not contrary to the teachings of Islam.
Institusi Keluarga Perspektif Feminisme A. Abdulloh Khuseini
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1510

Abstract

Feminism does not only aim to insist on getting the equal rights between men and women, but to break the patriarchal system that is considered as a discrimination. This claim then sparks criticism toward a family institution that shackles women’s freedom. Feminists view the family institution as the frst “enemy” to be eliminated or diminished in its role. Family is considered as the source of all existing social imbalances, especially from the rights and duties between husband and wife. Family institutions place women in a weak position. This article aims to explain the concept and history of family institution in the thought of feminists. And then, it will uncover the social impact of their thought or concept. As a comparison and answer, this article also explains how the family institution in the view Islamic worldview. From article concludes that feminists that influenced by Western worldview have destroyed the pillars of family. The concept they thought has given disharmony in the family. They think that family is not something necessary and important. This can be seen from the facts that exist, for example wives who are no longer willing to do homework, such as cleaning the house, cooking, or caring for their children. In contrast, Islam teaches justice between husband and wife in the family institution. No one is superior to another. When Islam asks husband to fulfll duties over wife, wife is also required to fulfll obligations to her husband. From here, harmony within the family institution will be established.

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