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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. 8 No. 2 (2012): Islamic Jurisprudence" : 10 Documents clear
Local Wisdom dan Penetapan Hukum Islam di Indonesia Sagaf Pettalongi
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.17

Abstract

Local wisdom or in terms of fiqhi is called  al-urfis something that is a customs and traditions of a society in the form of words or deeds or things leave something .Local wisdom or tradition,which does not contradict the basic principles of the teaching of Islam may be regarded as confir med as the shari’a law. The priests madhahib many legal opinion based on the consideration of local wisdom (al-‘urf). In Indonesia there are three theories that are commonly used to keep the customary law and Islamic law ,namely:Receptio in complex theory ,Receptie theory and Receptio a contrario theory .Local wisdom has played an important role towards the establishment of Islamic law in both the establishment and enforcement of Islamic law .Some scholars deter mined requirements to make the local wisdom  (‘urf) as a source of Islamic law (1) local wisdom apply in the majority of cases occuring amongs the people and its implementation embraced by the majority community ,(2)  ‘urf existed before the emergence of cases which would set the law ,(3) local wisdom is not contrary to clearly expressed in a contract, (4) local wisdom does not conflict with nash.
Batas Aurat Muslimah dalam Pandangan al-Albaniy Riri Fitria
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.24

Abstract

This research is destined to view the perspective of al-Albaniy concerning the boundaries of muslimah’ s aurat. The matter of this research is focused on his views towards the quality of sanad and matn also the understanding of Asma’s hadits,as the hadits which has been the basic argument to determine that problem. Among the factors that became the background of this research is the difference of al-Albaniy compared to the other scholars in judging the quality of Asma’ s hadith. The majority of scholars regards this hadits as  da‘if, while al-Albany considers this hadits potential as a hujjah. The data used in this research is Asma’ s hadith with many ways of advocation along with 13 hadits and 16 atsars. These datas were analized using takhrij al-hadits and fiqh al-hadits method. This research recovers that Asma’s hadith can be used as a reason, this is because it’s irsal also has fulfilled the criteria as a mursal hadits which is competent to become an argument. Further, the matnof Asma’s hadits has fulfilled all the criteria formulated by al-Adlabiy. The validity of Asma’s hadits as an evidence implicates the obligation towards mature muslimahs to cover their aurats other than the face and hands.
Pembaruan Hukum Perwakafan di Indonesia Ibrahim Siregar
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.25

Abstract

This article concentrates on Islamic law product relating to charitable religious endowment (waqf) in Indonesia. Based on the traditional perspective of fiqh originated from the earlier Islamic jurists of orthodox view and in turn it had long been legislised as part of Indonesia positive law system, the law of waqfhad regulated that the wealth to be waqf shall be limited to only unmoving properties.  This regulation had led the management of waqf to be unproductive to raise the social welfare.By the virtue of the relatively wider viwpoint of the contemporar y Islamic law thinkers,the Islamic law refor m takes place in Indonesia particularly at the level of postive law ,namely Law Number 41/2004 Relating to Waqf. This law stipulates the thing to be waqf could be either unmoving or moving properties, like cash, gold, certificate of obligation, inteletual wealth, and so forth. This law also lays down the regulation relating to the penalty against those who deviate in managing a waqf. However, as a critque and recommendation the writer propose that the society could be involved in preser ving the purpose of a waqf which is the right of Allah. And it could be conducted by stipulating the class action as a way of the settlements of dispute occuring to a waqf property.
Ahkam al-Laqit: K onsep Islam dalam Menangani Anak Jalanan di Indonesia Rifanto Bin Ridwan; Ibnor Azli Ibrahim
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.26

Abstract

Although the concept of al-laqitis considered not suitable to the conditions of street children in Indonesia, but in fact, both have the same root of causes. Meanwhile, the presence of street children in Indonesia cause many complex social problems. With the increasing number of street children filling the corners of the city ,it will further increase and cause the social problems. According to national data released by Indonesian National Social Welfare Board,that the increase in street children before the economic crisis hit the country Indonesia for 15%,and this figure increased to 100% in the period of crisis. This article will review the existence of this group and look at the rights and obligations of the state in handling them according to Islamic perspective. Beside of the library study ,in order to get the viewpoint of Islam this paper conducts comparative field study which attempts to look closely at the reality of this group in more concrete condition. In the end, this paper finds a weakness in the system of state management in political, social and economic aspects which in fact become the major factor of the emergence of marginalized groups which form a community that bring social problem.Finally ,this paper highlights the role of Islam in dealing with this issue of street children. The history recorded that Islam was at the forefront of combating the presence of abandoned children. These all in Islam is a form of social awareness and takaful ijtima’i.
Revitalisasi Penerapan Hukum Syariat di Aceh (Kajian terhadap UU No.11 Tahun 2006) Chairul Fahmi
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.27

Abstract

The process of Islamic law legalization in Aceh since 1999 has not been reflecting the goals of the Islamic law application itself. This can be shown by the existing various crimes and violations against Islamic values, such as crime and other immoral conducts. This paper covers at least there elements of revitalization process which according to Soekanto from Friedman can be used as the measurement of  law application effectiveness. That is to say, the enforcement of law requires the execution of all interrelated elements namely rules of  law, law enforcement, and culture of  law. Accordingly, there are three basic points needed to revitalize this Islamic law. First is reforming the rule of acts, second is empowering awareness of  public towards law, and last is to perform law in better condition in term of  justice and prestige. This research uses literature approach by collecting many secondary sources regarding to the topic of  this study. Finally, it concludes that the application of  Islamic law in Aceh truly needs comprehensive and simultaneous revitalization and reform, so the application will actualize values of justice, prosperity and peace for Aceh. However, so far, the enforcement of law has not been optimized due to the conducts of people and law enforcement board which lack reflecting Shari’a values and orders.
Pemikiran Islam Kontemporer , Antara Mode Pemikiran dan Model Pembacaan Mohammad Muslih
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.28

Abstract

This paper examines mode of Islamic thought is developing today ,which was then known as Contemporary Islamic Thought, by searching the role of logic and reasoning behind the idea. Three main issues are addressed: first, the project of contemporary Islamic thought, which is a radical reading of the construction of epistemology of sciences and building of logical basic of traditions, culture and civilization, by taking the authentic (al-ashâlah) and inner structure (bunyah),so that it can be transformed to the present.  Second,the mode of contemporary Islamic thought, related to attitudes toward tradition (turâts) on the one hand and attitudes towards modernity (hadâtsah) on the other. In contrast to the traditional thought that addressing modernity with a priori for conservation,are also different from modern thought that response to the tradition as something that must be eliminated for the sake of progress; Contemporary Islamic thought involved a critical reading of tradition and modernity ,before bringing them within the framework of contemporary challenges. And third,the model of contemporary readings, by indicate methodological tools of scientific work. Hermeneutics, criticism, and deconstruction are three species of readings that be able to break through the scarcity of methodological for reading complexity of culture and problems of humanity in general, which has not been available instrument for that.
Divine Emanation As Cosmic Origin: Ibn Sînâ and His Critics Syamsuddin Arif
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.29

Abstract

The question of cosmic beginning has always attracted considerable attention from serious thinkers past and present. Among many contesting theories that have emerged, that of emanation was appropriated by Muslim philosophers like Ibn Sînâ in order to reconcile the Aristotelian doctrine of the eternity of matter with the teaching of al-Qur’ân on the One Creator-God. According to this theory, the universe, which comprises a multitude of  entities, is generated from a transcendent Being, the One, that is unitary, through the medium of  a hierarchy of  immaterial substances. While the ultimate source is undiminished, the beings which are emanated are progressively less perfect as they are further removed from the first principle. The process is conceived as being atemporal and often compared to the efflux of light from a luminous body, or to water flowing from a spring. This metaphysical theory has enabled Ibn Sînâ to solve the vexed problem: given an eternally existing world and one eternally existing God, how can the two necessarily co-exist without having the perfect, simple unity of God destroyed by contact with the multiplicity of material things? The following essay delineates and evaluates both Ibn Sînâ’s arguments as well as the counter-arguments of  his critics.
Menelusuri Historisitas Pembentukan Hukum Islam: Menggagas Yurisprudensi Islam Indonesia Muhammad Yusuf
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.30

Abstract

The Islamic law and its existence can not be separated from the socio- historical factors surrounding the scholars of  fiqh in producing islamic law. Variety of  environmental and socio-political context contributed significantly in shaping patterns of Islamic legal thought. In fact, judging from the relationship between the political (power) with the occurance of laws there are a number of  correralion indicators. It is likely a madhhab develop because of  political support. When a madhhab ruling the other madhhab highly susceptible to hard resistance. Indeed, ideally fiqh should be able to provide answers to a variety of  empirical facts on the various issues. And, fiqh in Indonesia should not simply adopt the products of  classical period only, but need to develop and articulate the contemporary context based on the empirical facts. Internal understanding of the diversity of Indonesian Muslims is also a consideration in producing fiqh other than social facts. With the principle of  unity in things agreed, and tolerant of things that are not agreed upon, particularly with regard to the furu’iyat. Fiqh as a product of thought influenced by the socio-historical conditions of  society should not be seen as absolute. Now, need to show that penetrates all aspects of jurisprudence and responded critically on contemporary issues that continue to vary and evolve.
Ibn Rusyd al-Qurtubi wa Manhajuhu al-Fiqhi fi Kitabihi "Bidayah al-Mujtahid" Sujiat Zubaidi
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.34

Abstract

So far, studies focusing on the pattern of Ibn Rusyd’s thought are less performed. Whereas, according to Muhammad Abduh, it is important  to intensively study it, so that there is a balance with his brilliant thought  of philosophy. In this research, the author tries to analyze the patterns of philosophical thought of Islamic jurisprudence of Ibn Rusyd in his book “Bidayah al-Mujtahid”. This short study records many characteristics of his genuineIslamic jurisprudence thoughts namely the presence of strong interrelation and intermediation among jurists, by comparing various opinions of the scholars, followed with istidlal, to the al-khuruj min al-khilaf and tarjih concept. Although earning many praises from many scholars such as Ibn Taymiyya, Ibn Qayyim and Al-Syatibi as contained in his work al-Muwafaqat, however, he also suffered from number of critics due to his preference to the opinions of Imam Malik. Interestingly, Bidayah al-Mujtahid was written by Ibn Rusyd as a critique against Al-Wajiz of Al-Ghazali which is according to Ibn Rusyd it inclines to only one school of thought of Islamic jurisprudence namely Imam Syafi’i. Furthermore, he did also to the same thing to the philosophy of Al-Ghazali in his famous work, Tahafut al-Tahafut.
Hukm Naql A'da'i Mahdur al-Dam min Manzur Islami Ahmad Al-Suwaehi Syulaibek
TSAQAFAH Vol. 8 No. 2 (2012): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v8i2.35

Abstract

This research deals with an important issue, namely: (provisions of transferring organs of executed), it has been divided to: introduction, preface, and three section: The Researcher discuss in the preface: the concept of transfer of human organs, showed the meaning of transportation, the organ, and the meaning of organ transplants. The concept of the executed, its types, showed the meaning of shed, and the executed, and its types. And search in second section: transfer organs of a living person to another, showed the rule of transferring individual organ, and organs of non-individual. An  discussed in the third section: Transfer of organs of the executed to another human being, showed the rule of eating the executed when necessary, and the rule of transferring of organs of the executed, and the rule of reconciliation of the executed on the transfer of its organs in exchange for not killing him, starting the opinions of jurists and their evidence, and discuss the evidence and weighting between opinions. The Researcher concluded that it is permissible to transfer organs of the executed and put it in an human body protected blood near death, under certain conditions to be met, and it is permissible to reconcile the infidel military and spy to waive for not killing him.

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